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HomeMy WebLinkAbout00-07686 ." "'" , ~-" -'-~-" '-'_'_"'0\', "'~~ _~""";,__o "--,~","-,:,.,,,:;,,-'-~'_<I",-, ,,_-~~. ._, - <';:'~'JJ;",--'";"~'l,,-<,~;~,,,;:"',-'>; ';""'~i~~"'~;>,,:;.>/:-;;.:~;L''-':;:~_-Ji':'L "'_ ~",. .,.~_ r __ _'_ ,_~ "i~~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY. NO. <::)::) - 'll..f>fo Ci()~l /~ Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, tla Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT I appear for the Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, tla Eastern Development and Design and Debra A. Mathias, pursuant to the authority contained in a Promissory Note dated June 2, 1998 in the original principal amount of $1,368,000.00 and Acknowledgment of Confession of Judgment thereto, executed by the Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, tla Eastern Development and Design and Debra A. Mathias, in favor of the Plaintiff, a true and correct copy of which is attached as Exhibit "A" to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendants, jointly and severally, as follows: Principal Balance: I nterest through 10/20/00: Late Charges through 10/20/00: Attorney's Fees: TOTAL: $805,244.04 $ 39,255.65 $ 17,509.44 $ 20,000.00 $882,009.13 Together with interest at the Prirne Rate (currently $229.28 per diem) from October 21, 2000 forward, and for all additional late charges, attorney's fees and costs of suit. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Date: 10-2 t;> 00 iA~ ~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company 167926 ."-^~ ,. ",-', - "",-.- ~ 0 1_' 0"-"';" .-'.'oc "',' <'. ;",~~" ,'-,--' '~'~ _c' <' ',.,,< I',<~,-_ -,:,; - ,-,"--;.~, _.i "\~-;n;>_"'~",_,~'hi,~,:;J ,- '. ,', +~ _.3 .-" ~:~~- ,-''--0 ~"~ ~ ';::- ."_ ~""';'r""'i0 ,-. '.;,-..c '<~,Zj BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, is a New York banking corporation maintaining an office at 601 Dresher Road, Horsham, PA 19044-2203. 2. The Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias maintain an address of 322 Cape Horn Road, P.O. Box 163, Red Lion, PA 17356. 3. On or about June 2, 1998, the Defendants executed and delivered to Keystone Bank, NA, a Promissory Note in the original principal amount of $1,368,000.00, together with an Acknowledgment of Confession of Judgment thereto (the "Note"). A true and correct copy of the Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. Since the date of this Note, Keystone Bank, NA has become, by merger Manufacturers and Traders Trust Company. The Bank has not assigned the Note and is the holder thereof. 5. Judgment has not heretofore been entered on the Note in any jurisdiction. 6. The Defendants have defaulted in their obligations under the Note, due to, without limitation (i) failure to make payments of principal and interest when due; (ii) failure to pay the Note in full by its Maturity Date of June 2, 2000; and (iii) by Defendants permitting the real estate constituting collateral for the debt secured by the Note to be encumbered by another lienholder without the prior written consent of the Bank. The 167926 i. -, b-" ''''M- < ''"< -"~-"- '_"".l.. i.~;.,,,',,,.,--.,_,,, ~,; -"i-,;" ,k" ,:; '" -" ~. - .-:' :;~ .d-;'.2~,,"';- :1:,':;.:'.-'\ c' :';.'^;_"tcl,';';_~,;;,,'~;~i'~~_ -,-,/'-'.:;',: -",' ,c_:;'.",'_-_' ',_ ,-_, IIlIlIIi! -;;;-':':g~ Note permits entry of judgment by confession against the Defendants at this time. 7. Judgment is not being entered by confession against a natural person in connection with a consumer transaction in that the debt evidenced by the Note is for commercial purposes. 8. The Note permits that under the terms of the Note, the Borrowers are liable for reasonable attorneys fees in the event of default and entry of judgment by confession. Attorneys fees of $20,000.00 are reasonable in this instance. 9. The Defendants are liable to the Plaintiff under the Note as follows: Principal Balance: I nterest through 10/20/00: Late Charges through 10/20/00: Attorney's Fees: TOTAL: $805,244.04 $ 39,255.65 $ 17,509.44 $ 20.000.00 $882,009.13 Together with interest at the Prime Rate (currently $229.28 per diem) from October 21, 2000 forward, and for all additional late charges, attorney's fees and costs of suit. WHEREFORE, the Plaintiff demands judgment against the Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias, jointly and severally, in the total amount of $882,009.13, together with interest at the Prime Rate (currently $229.28 per diem) frorn October 21, 2000 forward, all additional late charges, attorneys' fees, and costs of this action. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: 4A~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date: / (), 2- '7 -t)O 167926 ~._--l~ ell I _ L " <~ KEYSTONE BANK, N.A. PROMISSORY NOTE J~"'e '2 , 1998 $1,368,000.00 FOR VALUE RECEIVED, Shah Mathias a/k/a Shahnawaz M. Mathias tJa Eastem Development and Design and Debra A. Mathias, (collectively the "Borrowers") jointly and severally promise to pay to the order of Keystone Bank, N.A., a national banking association with its principal office at 601 Dresher Road, Horsham, PA 19044-2203 ("Bank") in lawful money of the United States of America the principal sum of ONE MILLION THREE HUNDRED SIXTY- EIGHT THOUSAND AND NO/lOO ($1,368,000.00) DOLLARS, with interest and subject to the terms and conditions as set forth herein. 1. Definitions. When used in this promissory note the following terms shall have the following meanings: (a) Agreement - When executed by the Borrowers, the Construction Loan Agreement bearing this date between the Bank. and the Borrowers setting forth the certain terms : and conditions with respect to the loan evidenced by this Note, together with any and all subsequent amendments, modifications, supplements or additions to that Agreement. (b) Bank - Keystone Bank, N.A., its successors and assigns. (c) Borrowers - Shah Mathias a/k/a Shahnawaz M. Mathias tJa Eastern' Development and Design and Debra A. Mathias, adult individnals maintaining an address at 3255 '; Cape Horn Road, P.O. Box 163, Red Lion, York, York County, Pennsylvania 17356. (d) Letters of Credit. Collectively, those standby Letters of Credit issued by Bank on account of Borrowers in favor of Silver Spring Township and the Silver Spring Township Authority in accordance with the Agreement. (e) Keystone Bank's Prime Rate - A floating annnal rate of interest that is . designated from time-to-time by the Wall Street Journal as a reference base with respect to different . interest rates charged to borrowers; if the interest rate payable on any of the financial accommodations referred to in this Note makes reference to the Keystone Bank's Prime Rate, then the rate of interest payable on those accommodations shall change simultaneously and automatically upon the Bank's designation of any change in its Prime Rate; the Bank's determination and designation from time to time of the Prime Rate shall not in any way preclude the Bank from making loans to other borrowers at rates which may be higher or lower than, or otherwise different from, the Prime Rate. (f) Liabilities - The principal and interest evidenced by this Note as well as any other liabilities of Borrowers to Bank, whether now existing or hereafter incurred, matured or E)(t41Srf Ai 114362 ~" ". n_ ~ . ~ J, ~ ,jJ I, '- ~ ~ ~ - . ..4dW,:-VIlll:U,m ~. unmatured, including all past and future advances or re-advances, and any extensions, modifications or renewals thereof in substitution therefor; all amounts advanced by Bank hereunder or on behalf of Borrowers; all late charges, penalties, fees and other such swns due under this Note, all liabilities (including attorneys fees and other professional fees, and costs) incurred by Bank or arising from or related to any hazardous materials or dangerous environmental conditions at the real property subject to the Mortgages and all of Bank's costs and expenses incurred in connection with the enforcement and collection of the foregoing liabilities, whether or not suit is instituted, and whether or not bankruptcy or insolvency proceedings have been instituted by or against Borrowers, including without limitation, reasonable fees and costs of attorneys, appraisers, accountants, consultants and other professionals, to the extent incurred by the Bank in accordance with the Loan Docwnents. . (g) Loan Docwnents - This Note, the Mortgages, the Construction Loan Agreement and all other.- documentation executed by the Borrowers in conjunction therewith, including all docwnents referred to as "Loan Docwnents" under the Agreement. (h) Maturity Date - The date all sums due hereunder are payable in full, unless demand therefor has been previously made in accordance with the terms hereof, which sha11 be the two-year anniversary date hereof unless extended by the Bank in accordance with the terms of the Agreement. (i) Mortgages - Collectively, (a) that certain mortgage in the original 'face amount of $625,000.00 bearing this date executed and delivered by the Borrowers to the Bank under which the Borrowers grant the Bank a first-lien mortgage in and to that certain Real Estate as security for this Note; and (b) that certain mortgage in the original face amount of $1,368,000.00 which is an open-end mortgage bearing this date, executed and delivered by the Borrowers to thct Bank under which the Borrowers grant the Bank a second-lien mortgage in and to that certain Real, Estate; both of which mortgages are cross-collateralized and cross-defaulted. (j) Note - This promissory note and all extensions, renewals, replacements, amendments and substitutions hereto. (k) Other Defined Terms - Unless expressly indicated to the contrary, all terms defined in the Agreement shall have the same meaning when used in this Note. (1) Project. The acquisition of the Real Estate by Borrowers and the improvement of the Real Estate by completion of municipal and other site improvements relating to that portion of the Real Estate consisting of73 single family home lots known as the Ginger Fields subdivision, and the site improvements relating to that portion of the Real Estate consisting of the Brook Meadow Condominiwn Cluster Development ("Coruiominiwn") and the marketing of the improved single family lots and the condominiwns to third-party purchasers. (m) Real Estate. That certain real estate consisting of approximately 47.706 acres, together with the improvements constructed and to be constructed thereon, owned by ~e Borrowers and located in Silver Spring Township, CwnberIand County, PA, part of which comprises the 73 single family lot subdivision known as Ginger Fields and including an area 2 114362.1 .~. .......J~ __ ~ ,Il L_ L ~Ni~ designated as the Brook Meadow Condominium Cluster Development (36 units), in accordance with a Land Development Plan prepared by Eastern Development and Design, being File Name 1002P'ITL.DWG, Job No. 100.2 and intended for recording contemporaneously herewith with the Recorder of Deeds of Cumberland County, all of which Real Estate is subject to the Mortgages. 2. Advances. Borrowers agree and acknowledge that advances of credit under this Note shall be made by the Bank in accordance with the tenns and conditions of the Agreement, and this Note constitutes the Note identified in the Agreement as ''Note No.2". 3. Interest T enns. (a) General. The principal amount outstanding hereunder from time to time shall bear interest continuously at Keystone Bank's Prime Rate plus .75% per annum from settlement hereunder through the date of repayment in full, subject to subparagraphs 3(b) and 14(a) hereQr. . (b) Letter of Credit Draws. Any principal balance hereunder caused by a draw or draws, partial or complete, under any of the Letters of Credit shall accrue interest at Keystone Bank's Prime Rate plus 2% per annum from the date of each such draw through the date of repayment in full. '. (c) Computation. Interest shall be computed on the basis of a 360-day year for the actual number of days elapsed (365/360). . 4. Repayment Terms. This Note shall be repayable in accordance with the following tenns: r . (a) Interest on the outstanding balance shall be payable on the first date of each' month for the term of this Note; , (b) The first monthly payment of interest shall be due on or by the first day of the next calendar month after the date hereof, with regular monthly payments due by the first of each month thereafter for the term of this Note; (c) A payment of principal shall be paid by Borrowers to Bank in the amount of . $30,500.00, payable in full at settlement of the sale of each improved single family lot within that portion of the Project Real Estate referred to as Ginger Fields to a third-party purchaser with such payments to continue, until such time as the outstanding aggregate balance due under this Note shall have been permanently repaid in full; (d) A payment of principal shall be paid by Borrowers to Bank in the amount of $25,500.00, payable in full at settlement of the sale of each condominium unit, or from the sale of each lot on which a condominium unit is to be constructed, within that portion of the Project Real Estate referred to as the Brook Meadow Condominium Cluster Development ("Condominium"), to a third-party purchaser, with such payments to continue until such time as the outstanding aggregate balance due under this Note shall have been permanently repaid in full; 3 114362.1 ,,- -- ~--J .;/' I. ,~ " .'~~--'~__~,*i (e) Additionally, one final payment of all principal, interest and other sums due hereunder shall be payable on or by the MaturityDate of this Note; (f) Provided, however, that payments of principal hereunder from the proceeds of sales in accordance with subparagraph 4( c) and 4( d) above, shall commence after the entire balance due to the Bank under a separate Promissory Note from Borrowers to Bank identified in the Agreement as Note No. 1 has been permanently repaid in full; and (g) Notwithstanding the foregoing in the event any balance due hereunder arises because of a draw or draws, partial or complete, under any of the Letters of Credit, the entire balance due hereunder, including all principal, interest, costs, fees and other sums due shall be due and payable immediately upon demand therefor by Bank. 5. Additional Payment Provisions. (a) Time and Place. All payments, including prepayments, of principal and/or interest by the Borrowers under this Note shall be made at any office of the Bank, or such other place or places as the Bank may direct, prior to 1 :30 P.M., Lancaster, Pennsylvania time, on or by the first day of each month, in lawful money of the United States of America and in immediately '. available funds. (b) Funds/Automatic Charge. All payments by the Borrowers hereunder shall be made by Borrowers to Bank in immediately available funds on or by the dates and times due as set forth herein, or, at Borrowers' option, may be made by automatic charge under Automated Clearing House rules to a designated deposit account of the Borrowers maintained at the Bank. It is', anticipated that the Bank shall directly debit a deposit account designated and defined under the . Agreement as the Interest Reserve Account, to be established contemporaneously herewith as a . condition of settlement under the Agreement. The Borrowers agree to execute any documentation' reasonably required by the Bank to further evidence their authorization to the designated depository bank to charge their deposit account or accounts for any payments due hereunder. Such authorization shal1 not relieve the Borrowers from their primary responsibility to make all payments when due. (c) F eeslInterest Revenue. In addition to the payments due as set forth at paragraph 4 above, Borrowers shall pay to the Bank loan fees and shall fund its Interest Reserve Account at settlement of any of the Lots or Units in the Project Real Estate in accordance with the terms of the Agreement. 6. Late Charges. The Borrowers will pay a late charge of the greater of$15.00 or 2% of the amount due on each required payment which is not paid within 15 days after it is due. 7. Additional Advances; Costs, Expenses. The Borrowers for repayment of this Note agree to repay to the Bank on demand any sums advanced by the Bank under any provision of this Note, the Mortgages, the Agreement or other Loan Documents incurred to protect or preserve the property subject to the Mortgages or to enforce this Note or the Agreement or the Mortgages. If 4 114362.1 .~ -~ '" 'l, . L L .~ ( this Note, the Mortgages or the Agreement is referred to an attorney following an Event of Default, as defined herein, for collection of any sum due hereunder or thereunder, the Borrowers agree to pay such attorneys' reasonable fees, whether or not any actions or foreclosure proceedings are commenced or taken to judgment or execution. All such advances, costs, expenses and attorneys' fees shall be added to the principal indebtedness evidenced by this Note, shal1 be secured by the Mortgages and shall bear interest at the highest rate applicable under the terms of this Note until paid in full to the Bank. 8. Application of Payments. All payments under this Note may, in the Bank's sole determination, be applied to (i) reimburse the Bank for any advances made or costs incurred by the Bank under any provision of this Note, the Mortgages and/or the Agreement, including but not limited to reasonable attorneys' fees; (ii) any accrued, unpaid late charges; (iii) accrued, unpaid interest; and (iv) the unpaid principal balance of this Note, in such order and amounts as the Bank may elect. Any particular order or method of application by the Bank of any payments made hereunder shall not constitute a course of dealing between the Borrowers and the Bank or prevent the Bank from applying other payments in any other order or manner which the Bank may select. 9. Agreement. This Note is the promissory note described in the Agreement as "Note No.2". All provisions of the Agreement are incorporated in this Note by reference. 10. Security. This Note is secured by, is subject to the terms and conditions of; an4 is entitled to all the rights, remedies and benefits of: . . (a) the Mortgages as defined in paragraph 1 above; (b) the Assignment of Agreements as defined in the Agreement; and ( c) the Bank's lien as set forth at paragraph 11 hereof. 11. Bank's Lien. The Borrowers also grant the Bank a security interest in all monies, securities and other property of the Borrowers and the proceeds thej"eof; now or hereafter in the possession or custody of, or in transit to, Bank or any of its ai!'filiates or subsidiaries, for safekeeping, collection, pledge or other plllpose including, without limitation, all deposits (whether general or special), including but not limited to the Interest Reserve Account, and credits now or hereafter maintained by Borrowers with Bank, or any of its affiliates or subsidiaries, and in any claims of Borrowers against Bank, or any of its affiliates or subsidiaries, which are referred to collectively as "Collateral" for plllposes hereof; and Bank may, at its option and without notice, setoff toward the payment of any of the liabilities created under this Note or under the Loan Agreement in such order as Bank may detennine, the balance of each such account with, and each claim against Bank, or any of its affiliates or subsidiaries. Bank is deemed to have exercised such right of setoff and have made a charge against such account immediately upon the occurrence of a default even though such charges made or entered on the books subsequently by Bank. Bank has, but is not limited to, the right at any time and from time to time, without notice to: (a) pledge, assign or transfer this Note or the Collateral or any portion thereof; 5 ll4362.1 - .-'~'IilI~.H ,.. '. >.. - I~ - ~~. Ii L. "'""-'- ~~: r v -. '. Collateral; (b) transfer into its own name or that of its nominee all or any part of the (c) exercise voting rights on any Collateral; and (d) take control of the proceeds of any CollateraL 12. Payment of Costs. All amounts advanced by Bank hereunder or on behalf of Borrowers and all other .fees, , costs and expenses incurred by Bank and included in the Liabilities shall be due and payable upon demand in accordance with the Agreement, with interest at an annual rate which shall be 2% above the rate of interest otherwise payable under this Note, from the date of payment by Bank until paid in fu.l1. 13, Events of Default. The following shall constitute an Event of Default hereunder: (i) failure by the Borrowers to make any payment due hereunder or under the Agreement or under the Mortgages or the other Loan Documents, when and in the manner due, whether by acceleration, maturity or otherwise; (ii) if any other default occurs under the Mortgages, the Agreement or any of the other Loan Documents if not cured within any applicable cure period; (ill) if any gove=ental unit with authority and jurisdiction over the, construction project financed with the proceeds of this Note shall issue any notice or order ceasing', construction of the Project or delaying construction beyond the time limits set forth in the Loan ' Documents; , (iv) if the Real Estate or any property of the Borrowers becomes the subject of any attachment, garnishment or levy; (v) Filing by the Borrowers, or either of them, of a voluntary petition in . bankruptcy or a voluntary petition or any answer seeking reorganization, arrangement, readjustment of their debts or for any other relief under the United States Bankruptcy Code, as amended, or under any other insolvency act or law, state or federal, now or hereafter existing, or any formal written consent to, approval of, or acquiescence in, any such petition or proceeding by the Borrowers; the application by the Borrowers for, or the appointment by consent or acquiescence of, a custodian, receiver or trustee of, the Borrowers or for all or a substantial part of their property; the making by the Borrowers of an assignment for the benefit of creditors; the inability of the Borrowers, or the admission by the Borrowers in writing of their inability, to pay their debts as they mature; (vi) Filing of any involuntary petition against the Borrowers, or either of them, in bankruptcy or seeking reorganization, arrangement or readjustment of their debts or for any other relief under the United States Bankruptcy Code, as amended, or under any other 6 114362.1 ~ -~ ~ ~ " j ~ "~, . - "1-1 I ~ ~ I -~., "-'".~ "@~~J-:': t insolvency act or law, state or federal, now or hereafter existing; or the involuntary appointment of a custodian, receiver or trustee of the Borrowers or for all or a substantial part of the property of the Borrowers; and the continuance of any of such events for a period of 60 days undismissed, unbonded or undischarged; . (vii) if Borrowers cease to conduct business operations in the manner and to the extent of such business as of the date of this Note; (viii) if the Borrowers, or either of them, assign, transfer or attempt to assign or transfer any of their right, title and interest in any of the Bank's collateral without the consent of the Bank; (ix) if the Real Estate subject to the Mortgages becomes the subject of any junior or subordinate lien- or encumbrance without the prior written consent of the Bank, which consent shall not be unreasonably withheld; (x) the failure by the Borrowers to observe or perform any covenant, agreement, condition or term of this Note, or any document, mortgages or other security document executed by the Borrowers and delivered to the Bank in counection with any of Borrowers' Liabilities; (xi) breach by the Borrowers of any other obligation or duty to the Bank provided the same shall not be cured within ten (10) days written notice thereof by Bank to Borrowers; (xii) if any representation or warranty in any financial or other statement, schedule, certificate or other document of the Borrowers delivered to the Bank by or on behalf o~ the Borrowers shall prove to be false, misleading or incomplete in any material respect; . (xiii) if either of the Borrowers should die; (xiv) if a material adverse change occurs in the financial condition of the Borrowers which is unacceptable to the Bank in its reasonable discretion from the condition most recently disclosed to the Bank in any manner; or (xv) if a draw, partial or complete, shall be made under any of the Letters of Credit. 14. Rights Upon Default; Remedies. If any Event of Default occurs, then: (a) Upon written notice to Borrowers by Bank, interest shall accrue on all sums due under this Note at an annual rate which shall be two (2%) percent above the rate of interest otherwise payable hereunder. At the option of Bank, interest which is not paid when due shall be added to principal. If any of the Liabilities or any portion thereof owing to Bank is not paid in full when due, Bank may, at its option and without notice, withdraw from any account or accounts of the Borrowers with Bank an amount equal to such overdue amount and to apply such amount to the 7 114362.1 ,.'~'- """"'" "'-'"'--' '"~. _J~~~, ,II. "!III!iJ~~i,,,,, payment of the overdue Liabilities. (b) Bank shall have no further obligation to advance fimds to the Borrowers under this Note; (c) the unpaid principal balance of, all accrued, unpaid interest on, and all other swns due under this Note and the Agreement shall, at the Bank's option become immediately due and payable without prior notice or demand to the Borrowers; (d) the Bank may exercise all or any of its rights and remedies set forth in the Agreement; (e) the Bank sha1l be entitled to offset any and all sums it is holding on behalf of the Borrowers in deposit -accounts, certificates of deposit, or otherwise, and apply such sums on account of Borrowers' obligations under this Note; (f) Bank may exercise any and all remedies available to it under the Loan Documents, or any of them, together with all rights and remedies available to it under any applicable law or in equity for enforcement and collection of all Liabilities due hereunder or under the Agreement, including, without limitation, the rights and remedies available to a mortgagee, the rights and remedies available to an assignee of leases and rents and the rights and remedies of an assignee of Borrowers' agreements and contracts affecting the mortgaged real estate; (g) THE BORROWERS AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND ENTER JUDGMENT AGAINST THEM FOR urn THEN UNPAID PRINCIPAL BALANCE OF THIS NOTE AND ALL SUMS DUE UNDER THE AGREEMENT, TOGETHER WITH ALL ACCRUED, UNPAID INTEREST AND LATE CHARGES, COSTS OF SUIT AND' REASONABLE ATTORNEYS' FEES (BUT NOT LESS THAN $1,000.00), WITH OR. WITHOUT DECLARATION OR STAY OF EXECUTION, AND WITH RELEASE OF ERRORS. THE POWER TO ENTER JUDGMENT AGAINST THE BORROWERS FOR REPAYMENT OF THIS NOTE SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THE POWER AND SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL FULL PAYMENT OF ALL AMOUNTS DUE UNDER THIS NOTE. 15. Confession of Judgment Acknowledgements and Wl!ivers. THE BORROWERS ARE AWARE OF THE SPECIAL RIGHTS CONFERRED ON THE BANK BY SECTION 14(g) HEREOF SETTING FORTH BANK'S RIGHT TO CONFESS JUDGMENT. IN THAT REGARD, BORROWERS MAKE THE FOLLOWING SPECIFIC ACKNOWLEDGEMENTS AND WAIVERS: (i) THE BORROWERS ARE FULLY AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND HEARlNG ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK UNDER THE LOAN DOCUMENTS BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF THE BORROWERS CAN BE GARNISHED AND ATTACHED; B 114362.1 ... L . "' ~I'l' , ...J ~.il.\1': , (ii) THE BORROWERS ARE FULL Y AWARE THAT BY AUTHORIZING CONFESSION OF JUDGMENT, THEY ARE GIVING UP THE RIGHT TO ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHMENT OF BANK ACCOUNTS AND OTHER ASSETS EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYLVANIA RULES OF CIVIL PROCEDURE;; (ill) THE BORROWERS ARE FULLY AWARE THAT A JUDGMENT ENTERED AGAINST THEM WILL CONSTITUTE A LIEN UPON ANY REAL ESTATE OF THE BORROWERS LOCATED IN THE COUNTY IN wmCH JUDGMENT IS ENTERED AND WILL ENTITLE THE BANK TO IMMEDIATE ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF THE BORROWERS WITHOUT PRIOR NOTICE EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYL VANIA RULES OF CIVIL PROCEDURE; . (iv) THE BORROWERS W AlVE THE RIGHTS wmCH THEY HAVE TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAlNST THE BORROWERS BY THE BANK UNDER THE LOAN DOCUMENTS AND AGREES THAT UPON OCCURRENCE OF AN EVENT OF DEFAULT UNDER THE LOAN DOCUMENTS, OR AT ANY TIME THEREAFTER, THE BANK MAY OBTAIN A JUDGMENT AGAlNST THE BORROWERS WITHOUT THE BORROWERS' PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY DEFENSE, SET OFF, COUNTERCLAIM OR OTHER CLAIM wmCH BORROWERS MAY HAVE, AND MAY GARNISH AND ATTACH THE BANK ACCOUNTS AND OTHER ASSETS OF THE BORROWERS WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A " , HEARING EXCEPT AS SPECIFICALLY PROVIDED BY THE PENNSYL VANIA RULES OF . CIVIL PROCEDURE; (v) THE BORROWERS ACKNOWLEDGE THAT THEY WILL BE UNABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK ENTERS THE JUDGMENT, EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE PAYMENT OF ATTORNEYS FEES AND COSTS BY THE BORROWERS; AND (vi) THE BORROWERS REPRESENT AND WARRANT THAT THE LOAN FOR wmCH THEY HAVE BECOME OBLIGATED FOR REPAYMENT PURSUANT TO THE LOAN DOCUMENTS HAS BEEN ADVANCED FOR BUSINESS PURPOSES. 16. Waiver of Trial by Jury. The Borrowers agree that any suit, action, or proceeding, whether claim or counterclaim, brought or instituted by any party hereto or any successor or assign of any party on or with respect to this Agreement or any other document which in any way relates, directly or indirectly, to the Loans or any event, transaction, or occurrence arising out of or in any way connected with the Loans, or the dealings of the parties with respect thereto, shall be tried only by a court and not by a jury. THE BORROWERS HEREBY EXPRESSLY W AlVES Al'N RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION, OR PROCEEDING. THE 9 11436~.1 ;~ ,~~ - c_~ ~~ ,j'" " _ .1 _.J, ,., . ~~ '~w." BORROWERS ACKNOWLEDGE AND AGREE THAT THIS PARAGRAPH IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT BETWEEN THE PARTIES AND 'THAT THE BANK WOULD NOT EXTEND THE LOAN TO THE BORROWERS IF THIS WAIVER OF JURY TRIAL SECTION WERE NOT APART OF THIS AGREEMENT. 17. No Waiver. Any delay or failure by the Bank to exercise any of its rights or remedies under this Note or the Agreement shall not constitute a waiver thereof or prevent the Bank from exercising such right or remedy upon the same or any other default at any time or times. The remedies of the Bank hereunder are cumulative. Bank is not required to resort to any particular security or person or persons to enforce payment, and Bank is not subject to any marshalling requirements or equities as between or among the Borrowers. 18. Modification; Release. From time to time, without notice to the Borrowers for repayment of this Note, this Note may be extended or renewed in whole or in part. As to any extension or renewal, the rate of interest thereon may be changed or fees ill consideration of loan extensions may be imposed and any related right or security therefor may be waived, exchanged, surrendered, or otherwise dealt with and any of the acts mentioned in this Note may be done, all without affecting the liability of the Borrowers for repayment of this Note, each of whom shall remain liable under this Note which liability shall be unaffected by any extension or renewal. The release of any person liable upon or in respect to this Note shall not release any other person so liable. The acceptance by the Bank of any additional security for the performance of the terms and provisions of this Note shall not in any way affect the liability of the Borrowers for repayment of this Note. 19. Note Construction. The invalidity or any portion of this Note shall not affect the remaining portions, or any part thereof, and in the case of any such invalidity this Note shall be: construed as if such portion had not been inserted. I . 20. Consent to Jurisdiction. Borrowers irrevocably agree and consent to the exclusive, jurisdiction of the Courts of Common Pleas for any county in Pennsylvania where Bank has an office and/or the United States District Court for the Eastern District of Pennsylvania in any and all disputes, actions, or proceedings between Borrowers and Bank, whether arising hereunder or under the agreement or any of the Loan Documents. Borrowers irrevocably agree to service by process by certified mail, return receipt requested, to Borrowers at the address listed on the records of the Bank. However, Bank is not precluded from bringing an action against the Borrowers in any.. jurisdiction in the United States or elsewhere in which Borrowers or any of their property is located. Borrowers agree not to make any objection in any such action or proceeding that the venue is improper or the forum is inconvenient. 21. Notice. All notices, consents and other communications required by or given under this Note shall be in writing and shall be given by either (a) hand delivery, (b) first class mail (postage prepaid), (c) reliable overnight commercial courier (charges prepaid), or (d) facsimile or telecopy transmission or other means of electronic transmission, if confirmed promptly by any of the methods specified in clauses (a), (b) or (c) of this sentence at the address on the records of the Bank and, in the case of Bank, if sent to the address and attention of the loan officer servicing the account of the Borrowers. 10 114362.1 ~ j ~'''"'''''L..". -- , It ~ ~' .~" ......_-..i1- ''';'--, /-:~ , , ".-:--.,. 22. Waivers. The Borrowers waive presentment for payment, demand, notice of dishonor, protest, and notice of protest with regard to this Note, as well as all further notice of any kind in connection with the delivery, acceptance, default or enforcement of this Note, and all notice or right of approval of extensions, renewals, modifications or forbearances which may be allowed. 23. Applicable Law. 1bis Note shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania 24. Instrument Under Seal. It is the intention of the Borrowers that this Note shall constitute an instrument under seal. ~~ . ~ / ~. #4~ S Mathias a/kJa S . ~. Mathias Va Eastern Development and Design ~. O. ]i[~ Debra A. Mathias , f . i 11 1.1.4.362.1 " ~I~ ,,,.....,.,1 "~. - ~ ,It, " .1 ~' < ~II~' ,~ i COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF On this, the day of , 1998, before me, the undersigned officer, a notary public in and for said county and state, personally appeared Shah Mathias alkJa Shabnaw3Z M. Mathias tJa Eastern Development and Design, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Promissory Note and acknowledged that he executed the same for the pmposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF On this, the day of , 1998, before me, the undersigned officer, a notary public in and for said county and state, personally appeared Debra A. Mathias, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Promissory Note, and acknowledged that she executed the same for the purposes contained therein. 'f " IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public 12 11436:3.1 ,. ~ ~ ~"".,jjLG L .U l. ..1 i' ". , ~ jj,;~~,' ACKNOWLEDGEMENT OF CONFESSION OF JUDGMENT THE UNDERSIGNED OBLIGORS ACKNOWLEDGE AND AGREE THAT THE OBLIGORS HAVE HERETOFORE EXECUTED AND DELNERED TO THE BANK THE FOREGOING PROMISSORY NOTE IN THE AMOUNT OF $1,368,000.00 (THE "NOTE"). THE PROMISSORY NOTE CONTAINS A CONFESSION OF JUDGMENT CLAUSE PURSUANT TO WHICH THE BANK IS AUTHORIZED TO ENTER JUDGMENT AGAINST SHAH MATHIAS NKJA SHAHNAWAZ M. MATHIAS T/A EASTERN DEVELOPMENT AND DESIGN AND DEBRA A. MATHIAS UNDER THE PROMISSORY NOTE. THE UNDERSIGNED AGREE THAT JUDGMENT MAY BE ENTERED ON THE PROMISSORY NOTE AT ANY TIME IN THE EVENT A DEFAULT SHOULD OCCUR PURSUANT TO THE TERMS OF THE NOTE. IN THE EVENT ANY PAYMENT IS NOT MADE BY THE DATE SUCH PAYMENT IS DUE, OR IF ANY OTHER DEFAULT SHOULD OCCUR, JUDGMENT BY CONFESSION MAY THEREAFTER BE ENTERED AT ANY TIME. THE UNDERSIGNED HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY ACKNOWLEDGE, CONSENT AND AGREE AS FOLLOWS: (a) THE UNDERSIGNED ARE FULLY AWARE Of THE RIGHTS OF THE UNDERSIGNED TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK UNDER THE PROMISSORY NOTE BEFORE JUDGMENT CAN BE ENTERED AND BEFORE ASSETS OF THE UNDERSIGNED CAN BE GARNISHED AND ATTACHED; (b) THE UNDERSIGNED ARE FULLY AWARE THAT BY AUTHORIZING CONFESSION OF JUDGMENT, THE UNDERSIGNED ARE GIVING UP THEIR RIGHTS TO . ANY NOTICE OR OPPORTUNITY TO BE HEARD PRIOR TO THE ENTRY OF JUDGMENT f IN FAVOR OF THE BANK AND PRIOR TO GARNISHMENT AND ATTACHMENT OF . BANK ACCOUNTS AND OTHER ASSETS OF THE UNDERSIGNED EXCEPT AS MAY BE , SPECIFICALLY PRESCRIBED BY APPLICABLE RULES OF CNIL PROCEDURE WITH RESPECT TO CONFESSIONS OF JUDGMENT; I (e) THE UNDERSIGNED ARE FULLY AWARE THAT A JUDGMENT ENTERED AGAINST THE UNDERSIGNED WILL CONSTITIITE A LIEN UPON ANY REAL ESTATE OF THE UNDERSIGNED LOCATED IN THE COUNTY IN wmCH JUDGMENT IS ENTERED AND WILL ENTITLE THE BANK TO ATTACHMENT AND GARNISHMENT OF BANK ACCOUNTS AND OTHER PERSONAL PROPERTY OF THE UNDERSIGNED WITHOUT PRIOR NOTICE EXCEPT AS SPECJFICALL Y PROVIDED BY RULES OF CNIL PROCEDURE APPLICABLE TO EXECUTION UPON CONFESSIONS OF JUDGMENT; (d) THE UNDERSIGNED WANE THE RIGHT WHICH THEY HAVE TO PRIOR NOTICE AND HEARING ON THE VALIDITY OF ANY CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY THE BANK UNDER THE NOTE. . AT ANY TIME HEREAFTER, UPON DEFAULT OF THE REQUIRED PAYMENTS OR UPON ANOTHER DEFAULT, THE BANK MAY OBTAIN A JUDGMENT AGAINST THE UNDERSIGNED WITHOUT THEIR PRIOR KNOWLEDGE OR CONSENT AND WITHOUT THE OPPORTUNITY TO RAISE ANY B 114362.1 '--." ~" .....J.. ,l' - I I. !a~l"" DEFENSE, SETOFF, COUNTERCLAIM OR OTHER CLAIM WIllCH THE UNDERSIGNED MAY HAVE, AND MAY GARNISH AND ATTACH THEIR BANK. ACCOUNTS AND OTHER ASSETS WITHOUT PRIOR NOTICE OR OPPORTUNITY FOR A HEARING EXCEPT AS SPECIFICALLY PROVIDED BY RULES OF CIVIL PROCEDURE APPLICABLE TO EXECUTION UPON CONFESSIONS OF JUDGMENT; (e) THE UNDERSIGNED ACKNOWLEDGE THAT THEY WILL BE UNABLE TO CHALLENGE THE JUDGMENT IN THE EVENT THAT THE BANK. ENTERS THE JUDGMENT, EXCEPT BY PROCEEDING TO OPEN OR STRIKE THE JUDGMENT; AND THAT SUCH A PROCEEDING WILL REQUIRE A PAYMENT OF ATTORNEY'S FEES A..'ID COSTS BY THE UNDERSIGNED; (f) THE UNDERSIGNED REPRESENT AND WARRANT THAT THE LOAN FOR WIllCH THE UNDERSIGNED HAVE BECOME OBLIGATED FOR REPAYMENT PURSUANT TO THE NOTE HAS BEEN ADY ANCED FOR BUSINESS PURPOSES. The parties agree that this Agreement shall be binding upon the undersigned, together with their respective heirs, executors, administrators, personal representatives, successors and assigns. Wi1ness: ~~~/dtF' ~f//~L ~1~.4i<VJ t~Jk1J-~f~ Shah Mathias alkJa Shalfuawaz M. 'as tJa Eastem Development and Design r ,/':f)bJa {L~ Debra A. Mathias 14 114362.1 ~ --.,__1 . " .:1. I ~ , ,~ _ 'Il COMMONWEALTH OF P&'lNSYL V A.."lIA COUNTY OF t..o..Yl LllS {-.e r : ss. ..J "-'..:liE,; On this, tho/. ~ of Q~, 1998, before me, the undersigned officer, a notary public in and for said county and state, if,ersonally appeared Shah Mathias aIkIa Shabnawaz M. Mathias tJa Eastern Development and Design, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Acknowledgement of Confession of Judgment and aclmowledged that he executed the same for the purposes contained therein. Patricia NOTARIAl SEAL L Schell, Notary Publlc My t"^_~,v0lk County. PA -...- ExpIres May 7, 2001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF /.-0... h CCt. s k r- : ss. On this, ~ ~ o~, 1998, before me, the undersigned officer, a notary public in', and for said county and state, personally appeared Debra A. Mathias, lmown to me (or satisfactorily. proven) to be the person whose name is subscribed to the foregoing Acknowledgement of, Confession of Judgment and aclmowledged that she executed the same for the purposes contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. (fii;u~ '?f44 Notary Public NOTARiAl SEAL PalrIcia L ~"Notary PublIc York, YOlk County, PA My Commission Elcplres May 7,2001 15 114362..1 . -, : 1 .," ;; -tc.;,< -,< ,0. ~-_", .,,,-;. !~ ,-;:,_ ~""il;\<,-;'-,':~-~ ;,,'- ,-, __:0--, .,,j^,',,~ ,J-__,' ;_:\':._,I,~~,,;.-' ._:,'- ,<'~~_, ',..,',-- ',-,.,-" -'CO;-', ,:' -\:,,~':;', -'- "'<c-) "j BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF BERKS Mark G. Yoder, Esquire, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief, the addresses of the judgment creditor and the judgment debtors in the above-captioned case are as follows: Creditor: Manufacturers and Traders Trust Company 601 Dresher Road Horsham, P A 19044-2203 Debtors: Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra Mathias, 322 Cape Horn Road Red Lion, PA 17356 ~~~ Mark G. Yoder, Esquire Swom to "d ,"b"rib,d b,forn m' thi, ~y of ~~ tii::~ c. NOlana/Seal . -Nota~ Public ruzlla.MariM'agan ........_. i M Read'IIfI,Serklii-:l!,Ub!;, I yeom""SSkin Explres:/Ui"Y I em SI'j Y7.2OCi 1 SOfa ",.-./ ile!i 167926 O' ~ >,=_~ ;"~,,,';,~,,-ct__0'-' ,"!Jod:-;,_> ,.-u.:"" .-.~'"_.J, ;;;"o;;tb,j'_~;~ ~,.'" ,::-",,',,: ,~:,.,' "" ",--,~~""'-;;'~k;tc:"i;",;,,,,',,f'::, _.. '-' . "-::,j;~r:1 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS afkla SHAHNAWAZ M. MATHIAS, tfa Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF EARNINGS Gary M. Golden, being duly sworn according to law, deposes and says that he is the Vice President of Manufacturers and Traders Trust Company, Plaintiff herein, and that he makes this Affidavit on its behalf, being authorized to do so, and as such states that to the best of his knowledge, information and belief, at the time of the signing of the instrument containing the provision for judgment by confession, the Defendants, Shah Mathias afkla Shahnawaz M. Mathias, tfa Eastern Development and Design and Debra A. Mathias, earned more than $10,000.00 per year. .5 ^---P'~~ Gary M. Golden, Vice si ent Manufacturers and Traders Trust Company - Sworn to and subscribed before me this ft day of ~~ ,2000. ~re~ Notarial Seal Audrey R. Brockwell, Notary Public Harsham Twp., Montgomery County My Commission Expire,:,}~ay 26, 2003 Member, F'@f!Bylvania ,\S50C.,-1.Uon Cl i'-Jotaries ~UdreY R. t '''IiC H, orsham, Tv Imty t. ..__.. ,..,k 20, 2003 Mem:iJBr, j)01H 1~)1!'.J.f"", "_.~,,,Cii;ltiOf1 ot Notartes 167926 '" _ "'J" ,": -,----"-, - ,,;-,c. -, -- ,,,,",,,~,,,__'_'trk' -" ~~,-->~ ,,-~,;;--'..,~,,-I;:;';';,'->';; [~..,.,;J! ,",:'.."",~,<}.~ c.'" .<,'" - ", ,'l ~:;,}ii:h. ;:.'l~:L,~;i:;:L~-~;_t '. -''"''T<11 ""1 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, tJa Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF COMMERCIAL TRANSACTION I hereby certify that I am counsel for Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, N.A., the Plaintiff herein, and hereby certify that judgment is not being entered against a natural person in a consumer transaction. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. ~~t~ Mark G. Yoder, Esquire Sworn to and subscribed before me this dS;#'dayof !J (d;;;8:e1 ' 2000. tL <11AIJ1~ 12./1, . ~otary Public rrur"'- NOlarial Seal Cruzlia-Marie Pagan, Nolary Public ReadIng, Berks County My Commission Expires July 7, 2001 I nosy van 18 no otanss 1'51926 ~ ,-~,'-' --" -"<--. "-<:: .,J: 'of' '~'-T:_":::'.',.;~':;>~:I;;c..",,,j,d'_~'-;:;;;:.> '-c ___ >,,,-,,;: "; ~'~;~:~__._;.~ CC'-''<':"C:\ ~:,'-'\:-:::;:-;- -'- ,. "-~"'",-,-,., '. ~ , -',';:;f.J -,,-, .'~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF Gary M. Golden, being y sworn according to law, deposes and says that he is the Vice President of the Plaintiff herein, and as such states the following: 1. The Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias and Debra A. Mathias 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 1940, as amended. 2. The Defendants, Shah Mathias a/k/a Shahnawaz M. Mathias and Debra A. Mathias, are more than 21 years of age and have a current address of 322 Cape Horn Road, P.O. Box 163, Red Lion, PA 17356. 3. He has ascertained the above information by personal investigation and makes this Affidavit with due authority. -.J ..... --.....r:~ 0:. _ Gary M. Golden, Vic- , ~ent, Manufacturers and Traders Trust Company Sworn to and subscribed before me this,;Zhay of , 2000. Not."irial Seal ~\l1'__~:!OY,,;L hi"". "1-11:::11, Notary Public 11(J/~)hH! ','; ""[ltgomeryC MyC ." ", ounty o~::~~:.:;~-,;;<, ,'~res May 26 2003 Member F."1' ,-'--,_,,'- ''':-.~. " ' , <l, ,1,'1'<__' ',< ",:;:;ocfatron of Notaries Notarial Seal Audrey R. Brockweii, Notary Public Harsham Twp., Montgomery County .~,~y CommjS8i~I,,,~~:;,t'~l~l1~~:_g6, 2003 J Member, h:nnsYI,j~,.ni:~ /,~;;':()Cic,t:Uil of !-.Joiarles - l.-_O ,.)",. 1 ,_, '," _'c", " 'i. _", .', _", h "-",~--;.::..",,. --",-. ;;'{o.;'~'- ;j.l,',l ~-c,:;'.r~'-J.-_:-",~"";~'_,,,~~;:I,,:,'-;' ::-"'.; :,I;:~':.'~~;::,~-,: '- ',;~'- ,:.--:, i. ,'~"" ,.0 ~ _ ':::\-:::.::::- c__c_,':::,_:.::;,_"",'__ .', >''-'''''''-;;-;r',",,-';',,: , ';=::~r1 BINGAMAN, HESS, COBLENTZ & BELL, P.C. Sy: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST NO. COMPANY, Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, t/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ Gary M. Golden, being duly sworn according to law, deposes and says that he is Vice President of Manufacturers and Traders Trust Company, Plaintiff herein, and that he is authorized to execute Affidavits on Plaintiff's behalf, and that the facts set forth on the foregoing Complaint are true and correct to the best of his knowledge, information and belief. : ss. __~~~s:. Gary M. Golden,' . en! -- Manufacturers and Traders Trust Company sW::?0nd SUbsc~me this day of . ,2000. fkt, r....ud/ Nota~6lic Notarial Seal Audrey R. Brockwell, Notary Public Hersham Twp., Montgomery County My Commission Explres.tIi"Y 26, 2003 - I ,A, , ." rof Notaries Mf1moer, Ps,lllsyvan.a ~....:,:-_,,~.<, ' r-' LJ- Notarial Seal Audrey R. Brockwell, Notary p" Horsham Twp.. Montgomery C' . j l M', romm;o-'" ". "0_ '1av.'. ,,003 Mefil1Jv'i, 1'"".""'Ji"'~"""; ,.......ocjaw~J;1 of Notaries 167926 - '-'.~- -, -'-;<'-'--,~,~"'- -'.-.,' - '.;!.~;"__o'-''-''",~ ." ~_ c"_':'I'~;,-:,,;.;;..li,) ~ '" " , . ... .., ....,. '"~-'"'' '~-';-':',,';-~;,;~--':;'_:;;,-;;-:,~,,-:~ '~~f,;;,.,:) __~-_~"", '~":"!' -'--.r.;.,,[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Date: ,2000 Shah Mathias a/k/a Shahnawaz M. Mathias t/a Eastern Development and Design 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 RE: Manufacturers and Traders Trust Company vs. Shah Mathias a/k1a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias Cumberland County Court of Common Pleas, Pennsylvania Dear Mr. Mathias: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, has entered judgment by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the total amount of $882,009.13 plus interest at the Prime Rate (currently $229.28 per diem) from October 21, 2000 forward and costs of this proceeding. This judgment was entered to No. Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by Manufacturers and Traders Trust Company in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Certification of Addresses; 4. Affidavit of Earnings; 5. Affidavit of Commercial Transaction; and 6. Affidavit of Non-Military Service. Cumberland County Prothonotary By: Deputy Prothonotary If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: Mark G. Yoder. Esquire Bingaman, Hess, Coblentz & Bell, P.C. P.O. Box 61, Reading, PA 19603 610-374-8377 TELEPHONE: 167926 Q1( ~ ' , - - ';';""-'., "",",;;"';"-,,.~ -";iL,,:-,,--' ,--~, 'o,,;"_~ ~;~.I: '-~.>_+>. ", c,___~,"__"o '~;;:'%~<,'".::i."-':-.::; ~C~U:J:~;~~:5.~)J:,,'-:-~--, ,-' - " ,-- .-,<~ /' - ."" _~ \_..,o.,,! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION Date: ,2000 Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 RE: Manufacturers and Traders Trust Company vs. Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias Cumberland County Court of Common Pleas, Pennsylvania Dear Mrs. Mathias: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA, has entered judgment by confession against you in the Court of Common Pleas of Cumberland County, Pennsylvania, in the total amount of $882,009.13 plus interest at the Prime Rate (currently $229.28 per diem) from October 21, 2000 forward and costs of this proceeding. This judgment was entered to No. Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed by Manufacturers and Traders Trust Company in the subject action: 1. Complaint in Confession of Judgment; 2. Confession of Judgment; 3. Certification of Addresses; 4. Affidavit of Earnings; 5. Affidavit of Commercial Transaction; and 6. Affidavit of Non-Military Service. Cumberland County Prothonotary By: Deputy Prothonotary If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: Mark G. Yoder, Esquire Bingaman, Hess, Coblentz & Bell, P.C. P.O. Box61, Reading, PA 19603 610-374-8377 TELEPHONE 167926 . "';;'V7' ~ ~_,'ML". ,~_ ~.. _~v "<__ ~"~ t ~ ~ ~ ...... -t () (...:.J ~ a c c.:, 0 -1::: :;ii' -" uUJ 'c::> ::::! """- ~ rnrn C) lc:-hJJ () Z::u -< j z;;:~ '" , ~ p:! ::!!p'-J {,J t ~5~ (~ .,>..J____ (U ...... !:.~}J :2(s ~ -0 ,'!~ c-) :? --.- I', r--.. ~ :;;-:';;::J --, g ~.....t :zC) ~ j;:'-) r:'i' 'C om Z N M =< :!O -(, (To -< " ~ "- ~ ~ ,_. ',c," _"_"'_~ ,. '_''',n,_,- "~,,,_,,,,___ ._h,.'-";"" . -- ,....,' ,_' '~~ ... t BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. JOOQ-1<;,f:'1o Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/kJa SHAHNAWAZ M. MATHIAS, t/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Debra Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Defendant A judgment in the amount of $882,009.13 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 170305 I . _, , '" --,- ,. . '. " c .~ <' ~.~ - -,' cO". ,~ -"""" '~""",,, -'-0,"" ~',~.' ,"_.;( '''''_ 1,"0. " "--~~v'",'';'' -:0' ;r;1';);;O''''';'';'J''I;,;,:~,;''~>-]j,~G,;;:L;';;:'''' ~,., ~,'"''<''''. <;:,-::::,:_~~,-'>:'>':;"'~~~.J-~i~~;',,-,,-_' ~' '.::,,~: _. ~I ; 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, PA 17013 (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: u~ j: ,f Mark G. Yoder, Esquire Attorneys for Plaintiff Date: December 12, 2000 170305 v.:;;\.'- '"Co";;.' _~, - ~-< ~-",. .~ '. ',.:J.J:.-~:~~';. i:~~'tK:i [;.;l:~::.~,""",,~,,, " ~~> ~,~ ~ ~ " .-;. --,'".",;, '" c' ' ,""' "m__mm" '>-,~:, I _ .1 ...1 _.1 \ 0 C) Cl ,-- c.::' "1'1 .::.;: CJ :;5". V ('t ! r'''' -'1 nlr-!"] CJ ,-i ;;-= Z'"T" '-;'1 Zl~ .i:,:- Q ~~;:: ~;) r.::c:-] -V " "" ;~~~~ ~~r) -- ~C: r:;- ,- ~ c;;! ..~ ':::> 5J '''' ('0 -< -...... , "I ,', ~-, ,., -' '-', "- ,-~~,' ,0";'/ ',OJ__.',,' _ ,__.''-'i '[ ,,__,; -I;;,.," ,,' .,.";,,, .,."i--_~;: 1-1' ~,G;Jiji:'"'~"I,b; 'c,'-. 'i{;' "-;;;':.;-i';;',',:'~:';'-: ~;,'" :,~~ ;f:;;,:'ld{;'.'i:'k;'~c~~r~~-;:~ --,' ,. '~~ " I BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff 601 Penn Street, Suite 660 P.O. Box 61, Reading, PA 19603-0061 (610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, -=110 ~ NO. Jooo - ~ Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kJa SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS TO: Shah Mathias a/kJa Shahnawaz M. Mathias d/b/a Eastern Development and Design 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Defendant A judgment in the amount of $882,009.13 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 170305 ~ .,~ - ., , ,0,,- c ~ "~" =-. ,~~ ".--~-<' ,--, , "~-'~--,", ..~- -. "'-, ~ ,,- ,_. ~~"''---~'',,;,.. ~~ll;I"-''''''': .',-no'" ~,-- ''::'0-'_'',<,;"" ;,\i,-.;-' ~- ,. ~:ci,:.: ;"::;;;.'{'::;",,/~"";;:~,:(",S;1,-' .:- , '~;'4; . . 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, PA 17013 (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: tt~~ Mark G. Yoder, Esquire Attorneys for Plaintiff Date: December 12, 2000 170305 ~ -~ - ,~, ,~, <~ ,~" . (") C) () c c:> -1') ~:;:," 0 -VITI P1 fTl(l-; n , f-- Z:G .--~, Z r :'1"--:1 "i~. (f) :;:-: ~- ~-~::.~ -< ;;::; " '-' ;~~ j;: (J -=-- 2:: > 0 ~ ,-, C ---I Z => ?D :<! (:0 -< ~ ,.,,-~ - -" . '-~ r'~ , ~~ <_ "..J ~ ~. l U .~~'~ i , I , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-07686 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS MATHIAS SHAH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MATHIAS SHAH A/K/A SHAHNAWAZ M MATHIAS T/A EAST. DEV & DES. but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within CONFESSION OF JUDGEMENT On January 8th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK COUNTY 18.00 9.00 10.00 41. 00 .00 78.00 01/08/2001 BINGAMAN, HESS, ~~~ ~ R. Thomas Kline Sheriff of Cumberland County COBLENTZ, BELL Sworn and subscribed to before this h -e- da.y ofqi'1.MoU-"7 ;20.01 A.D. ~r~h~~i"r~' ^# me , ~."-~ ,-",...j~"~- , ,1.1 ~I ,,~' ,. ~ '~~..,~~.-.,~*; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-07686 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS MATHIAS SHAH ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MATHIAS DEBRA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK serve the within CONFESSION OF JUDGEMENT County, Pennsylvania, to On January 8th , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/08/2001 BINGAMAN, HESS, ~~~~~ i:. Thoma::line c.--- Sheriff of Cumberland County COBLENTZ, BELL Sworn and subscribed to before me this -10 I/)~ day ofh C2-hJ1 A.D. ~Q 011111&,.- Ar prothonotar ~ COUNTY OF YORK '(1 of.2) OFFJCE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET SC, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2. COURT NUMBER 1. PLAINTlFFIS/ MANUFACI'URERS AND TRADERS TRUST COMPANY 3. DEFENDANT/Sf THIAS A AWAZ H.!\lATH ,T A EASTERN DEVELOPHENT AND DESIGN AND DEBRA A . !\lATHIAS SE. RVE { 5. NAME O.F. INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE QR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. ~ SHAH !\lATHIAS A/K/A SHAHNAWAZ M. !\lATHIAS, T/A EASTERN DEVELOPHENT AND DESIGN ~ ~A~.g'ESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORD, TWP., $TAT~ ANO ZIP CODE _ AT .3 J6l-CAPE H ROAD RED LION P . 7. INDICATE SERVICE: Iii[PERSONAL 0 PERSON IN CHARGE EPUTIZE um~~1t M*1.ld NOW 19_I,SHERIFFO~COUNn: p. York cbJJilitv to execute: to law. This deputation being made at the request and risk of the plaintiff. 8_ SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: 4. TYPE OF WRIT OR COMPLAINT ~_"2-___'7:21_a..1_ 00-7686 CIVIL ~~~~ CDNFESSION OF JUDGMENT . o PO TED 0 OTHER ;sheriff of rding .Cumberland KINDLY SERVE THE ATrACHED NOrICE UNDER RULE 2958.1 UPON DEFENDANT SHAH /fJATHIAS A/K/A SHAHNAWAZ ~I. !\lATHIAS, T/A EASTERN DEVELOPHENT AND DESIGN AT 322 CAPE HORN ROAD, RED LION, PA 17356 AND MAKE REI'URN OF SERVICE 10 THE UNmRSIGNED. - ADVANCE FEE PAID BY ATTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATUR ______ t:..;:' ",,/ I>1ARK G. YODER, ESQUIRE, P.O. BOX 61, m ,PA 1'9b'03 610-374-8377 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 10. TELEPHONE NUMBER 11. DATE FILED 12/14/00 MARK_G. YODER, ESQUIRE, P.O. BOX 61, READING, PA 19603 SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLEAK 14. Date Received 15. Expiration/Hearing Date J. LUDWIG 12/19/00 1/13/01 13. I acknowledge receipt of the writ or complaint as indicated above. 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED ( ) POE SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS (10 ~ 40_ Cost Due or Refund 41. AFFIRMED and subscribed to before me this 4TH 44. Signature of De S eriff 45. Signature of York County Sheriff WILLIAM M. HOSE 48. Date 42. day of 43. 1/4/01 CorP: 46. ignature of orelgn MY COMMIS ION EXPIRES Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE- SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE ~ Sheriff's Office 49. Date 51. Date Received .. ::!)I!!lIII!!lI!I < . ~ J , "l1 ,~" .'-.'r.~'~~" "',~_ I"'~_" ,,'"< 'P'''--"""',,.,_, ,,"'_0' ~~,.~, ur:CEIVEO" OFFICE OF SHERIFF YORK, PA '00 CEe 19 Prl 1 30 .', ~~'/'_";~"""""'<<'fP>i"">f;!!S""'";'H-"" ~ _ 1 -lJIITmTT~T WW~~~jlj~--.j "., . ..~ '-'~'~""""'I!' I "';~"",-",-\,,- ".<,.c",",~,""'-;',;'C\~'"";i''''~'':;:";Jff.,'{f'F~'f;,,,,qf.,;~~"67~f.:~~1~~f.~j\[, "I-F' ",' " ;'. , . ...COUNTY OF YORK oFFJGE OF THE SHERIFF ,;;; EAST M~KET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 J -(.~, ~2) ~ .".~~ ,,' -t' , '. SHERIFF SERVICE , c"PROCESS RECEIPT, and AFFIDAVIT OF RETURN _ .' ~ ..., L ~ -. ... , ~. '.. ;: ~ FEE PAID BY AT1'Y NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.S. WAIVEfI OF WATGHMAN - Any deputy sheriff levying upon or attaching an~rproperty under within writ may leave same withouf;i watchman, in custody of whomever is found in possesSion, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any \plaintiff heteI,rtfor any loss, destruction, or removal of any property before sheriff] sale thereof. 9. ~PE_ N~;: AND ADDRESS of ATTORNEY/ORIGIN~TOR and ~I~NA~,~~ /" ~ 4' ~/-:',~L 10. TELEPHONE NUMBER 11. DATE FILED ,1ARKe(;. ycorn,' ESQJIRE, P.O. rox 61, ~OO, PA 1!fb"03 :0-374-8377 12/>1.0.1 12. SEND NQ:TIC.E OF ~ERVICE COPY TO NAME AND ADDfI;ESS BELOW: (This area: must be_completed if notice is to_be mai~ed). M1\RK~: YODER, ESqJIRE, P.O..OOX 61'-l'lF1w:i~kp;'1!l6\jj!"'- -if~""'- : ~. ,. :'.;',~.:-Jll'f\\" "SPAC,E S',ELQWJ=O,.R ..([S~:rQl:.rH~~sftER(F-E.:,uln,~Y :.-'g.{) NOt W_BJt~- S"ELOWTHIS L,lN~' 13. I acknowiliage receipt of the writ SI~NATURE o-F' AU11l0RlZ tj CLERK 14. Date Received 15. Expiration/Hearing Date orcomplalniasindicatedabove. J. LUI::WIG ~-;'2/19/00 1/13/01 ~ OTHER ( ) SEE REMARKS < .4;.,_ ,',- ~ IF/if3! ~l') (1/51u/ ;',,) ->S> .. . .. . . ----- ,_:~ - . . -'. 41. AFFJRM,~:and syq~~ri~~~"i~. ~~;.r; ~;'~BIs", . 4TH , ~ .!f-i' ,: -;, ,.' -'~1~>>V' .. 42. day of ul\l."''-_ ._ 43. .. ..,,/. ~~- . ;i$( J.. ,-LILIAI'! M. ifOSE , "7 - ,....-~ .~-prowTOla~tarxpublic'/ 46. Signature of oreign MYCOMMISSJON EXPiR~g: _ 'l"__~.':':'_i:-' .~9 CO!,Jn Sheriff 50. f ACKNd~EbG-E RECEIf'.r dt:'TI:iE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING- AUTHORITY AND TITLE 1. WHITE ~ Issuing Authority 2. PINK - ~mey 3. CANARY - Sheriff's Office 4. BLUE ~ Sheriff's pffice 47. Dale, ~ '/ 'p ,. J 48. Date ...,..'J,.,..... ,,/', ,/;-"" ------ .i4/jl 49. Date 51. Date Received - ~- (2 of 2) COU..I\JTY,O~ YORK OFFlCE. OF THE SHERIFF SERVICE CALL (717) 771-9601 - . 28 EAST MARKET ST., YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES, 1. PLAINTIFF/Sf 2. COURT NUMBEFL..€I 00 11719 "7'" MANUFACI'URERS AND TRAD TRUST COMPANY 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANT!S! 00 7686 CIVIL EASTERN DEVELOPMENT AND DESIGN AND DEBRA A. !1ATHIAS CONFESSION OF JUDGMENT SERVE { 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ErG TO SERVE OR DESCRIPTION OF PROPERTY TO l2.E"LEVIEO. ATTACHED, OR SOLD. . DEBRA A. MATHIAS ~ ~RESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORD, TINp., STATE AND ZIP CODE AT 1 ~ CAPE HORN ROAD, RED LION PA 17356 7. INDICATE SERVICE: IXPERSONAL 0 PERSON IN CHARGE EPUTIZa::;um ~EFfIT.;:liM.m 0 1ST CLASS MAil NOW 1?/18/00 19 1,5 ERlffOFXJiilRli\COU hereb del'!. vork: COUNTY to execu s t to law. This deputation being made at the request and risk of the plaintiff. '" B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: E urn be r 1 and KINDLY SERVE THE ATI'ACHED NarICE UNDER RULE 2958.1 UPON DEFENDANT DEBRA A. MATHIAS AT 32rCAPE HORN ROAD, RED LION, pA17356 AND MAKE RETIJRN OF SERVICE UPON THE UNDERSIGNED. SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching an/Pi'operty under within writ may leave same without a watchman, in custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff 10 any plaintiff herein fOf any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIG tiJFiE - 10. TELEPffONE NUMBER 11. DATE FILED MARK G. YODER, ESQUIRE, P.O. BO ING, 196Q1 610-374-8377 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 12/14/00 MARK G. YODER, ESQUIRE, P.O. BOX 61, READING, PA 19603 SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THr~:rLfNE - ... SIQNAiuRE OF AOTHO"FnZED CLERK 14. Date Received 15. Expiration/Hearing Date 13. I acknowledge receipt of the writ or complaint as indicated above. RESIDENCE ( ) J. LUlliIG POSTED ( ) 12/19/00 1/13/01 16. HOW SERVED: PERSONAL ( ) PO OTHER ( ) SEE REMARKS 22. REMARKS: 41. AFFIRMED and subscribed to b.efore me this 4TH 44. Signature of heriff 45. Signature of York County Sheriff ILLIAM M. HOSE 42. day of , 43. i My C mmlssfofl 46. Signature of orelgn MY COMM'ISsfo EXPIRES - Coun Sheriff 50.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RE.TURN SIGNATURE OF AUTHORIZED ISSUING AUTHORllY AND TITLE 1. WHITE ~ Issuing Authority 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 1/4/01 49. Date 51. Date Received . ."~ ~ ..J~~ - ilJl~rilMiI~~i'Il~:;; r'/?ECEiVECJ " OFFICE OF SHERIFF '(DR/(, P'A 'DO DfelS Pr? 1 30 . '.' ~ ~- ~ t, :1 i:;; .....-- ~. .'\' (2 of"~) ,. --;;.~-----~ ~ . . COI~~J"<;,Qf YORK DFF1C.E DC THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKETST., YORK, PA 17401 SHERIFF SERVICE ,PROCESS RECEIPT, and AFFIDAVIT OF RETURN '-."\ INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. .. 1. PLAINTIFF/SI MANtiFACI'ORERs, .."~-lDTRl,pm:",,, 1'RfJSTroilJ?Al'lY , 3. DEFENDANT/S! L..i "1. _:.::::.~' N I ~ :1.;. . '1. . . I T A ~, DEVELOPME::<T AND nEsIG':<l A."ID D~. A, M.l\,THI.J1S o:::t1FESSICN OF JUI:G:~'T SERVE { D::a~~E:~ I:';~~OMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTYTO 13E LEVIED, ATTACHED, OR SOLD .. J5.,ADDAESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 11122. .:::;\~E lDRN ROAD, RED LIa-l, PA 1735'; 7. INDICATE_SERVICE: :Ii PERSONAL a PERSON IN CHARGE :APEPUTlZfl~-. :":GtC.EFr(t~.AJL "0 1ST cLASa MAlL 0 POSTED 0 OTHER 'NOW ' , " "', 19 _I, SHERIFLO&o.Rl< COUNTY, PA, do he~;bY deputize Ihes'heriff of v",.... COlllIITY I() exe~ute this Writ and ",a~e .return Ihereof a<:cording to law. T~.is deputat.ion being mad~ _~t th~ requ~st}!.ryd ri~~~~t~!_pl~_~ntm. ~ _-.:SHERIFF OF ~~::;~ C~UNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFO_RMATION THAT WILt. -ASSISfl'N EXPEDITING SERviCE: _ _ C U 'TI he 1:-1 an cl riNr:ir,y SE:RVE!. THE ATl'ACHEo' NClTICE' Ur..'DmRt.n:;E' ;.1958. 1 lJFc:.N'~ DEBRA "'~> MA~.s AT 322 CAPE lnRN rom, RED LIOO, PA 17356 A.!\ID r,;);KE RETURN OF SERVICE UJ:lCN THE UNDERSlQiED. 2. COURT NUMBEP 0: e{)~-i -'": 43 -- 4. TYPE OF WRIT OR COMPLAINT.X',--, )'} F 8'~ 0-7686 CIVIL ~ '" NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching ani property under within writ may leave same withoul-,~.watchman, in custody of whomever is found in possession, after notify{ng person of,levy or atlachme_nt, withoulliability on th~_part of such deputy or the sheriff 10 any plaintiff hereIn for any loss, destruction, or removal of any property befor~ sheriff's sale thereof _ 9. TYPE NA_~~AND A,DDRESS of ATTORNEY/OR(GIN~T6R and SJ~A~UR?"'_ _~, ::/?; ~ 10. TELEPHONE NUMBER 11. DATE FILED MARK G. YOOffi, ESQTIRE, ?V. OOl~:::61>'~i~, {;A"196Ql 610-314-8377' :;/14/00 12. SEND NOtiCE OF SERVICE COPY TO NAME AND ADDRESS BJi::L9W: (This area must be com~leted if notice Is t~ be mailed). '-'-'- ifAItKG. YaJER, ES(pIRE, P.O. OOX 61, READ:rn::;. P."- 19603 ~.:_ SPACE BELOWFQR l!Si;:QFtI:!E~HEEl!FfONLY-QQ NOT WfllIE BI;I,.QW IHJS LINE SIGNATURE OF AuTfIoRIZED CLERK 14. Date Received 15, Expiration/Hearing Date ~ E ~-. ' 13. I acknowl~:iage receipt of the wril or comp~mt as indicated above. 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( l. 'J. LUCWIG POSTED ( ) POE).-J 1113/01 OTHER ( ) SEE REMARKS (Se~ remarks below.) 22.. REMARKS: , / ... . .)~--' -- '.'1:"" , 1 " '. ,. " .. . '" ----- IN I 23. Advance Costs 30. Notary Fee 42. day of 44. Signature?f . ~ -,\ ~ , ;'.( 45. Signature of York ~ County Sheriff /, tnLL,AM M. H0SE 46. Signature of Foreign Sheriff , 47. ~at~! <? I rJ J 48. ae 43. 1/4/1)1 49. Date 51.Date Received ~. ~~!u~ - ~tff'S Office '''~1'l--,~",w.::.t.-,.,' .1:._.:..,'. j U I . l d _ -L , . ~" - "~ ...- '-''':1'' ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION r PRAECIPE FOR WRIT OF EXECUTION Caption: MANUFACI'URERS AND TRADERS TRUST OOMPANY (x ) Confessed Judgment ( ) Other File No. 00 7686 OIJVIIJT. TERM vs. SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, t/ a Eastern Development and Design and DEBRA A. MATHIAS Amount Due $882,009.13 Interest $')7.,275.84 (from 10/21/00 to 6/6/01) Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) SEE ATrACHED LEGAL DESCRIPTION County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ""J-J"}.--Ol Signature: Print Name: ~A --- ~ MIIRK r:: vnnRR. F.~QTTTRF. Address: BINGAMAN, HESS, OOBLENTZ & BELL,P.C. Treeview Corporate Center, Ste 1 00 2 tlcridian Boulcvnrs. Attorney for: Wyomissing, PA 19610 -=lM:acturers and Traders Trust Company eep one: (610) 374 8377 Supreme Court 10 No.: 3249] (over) ilJ'''''' '- bu'''' ~""-r-.!ilJi~~lMiiW~~-lI'1w"~rw;"'J!';![l~r,;,''iil'l':'''1!,,,'~K;~lf~- ,1.- 't liiMI_~IDilIIfi~1&ii jtj'- .. Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. . . ~- "",^~,", <~,-', _', ~ _ ,_, "_,J_"",,..~,. " ^ ',-,'-~" .-- -" .~ li~'- . , .' ;;1" - , ~ ' '-,-" "-"- '1"'-.:. , i EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574;89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, Williarn Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T -586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias tla Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah ,I""'"""'" ~- - j'l ,I- I,," "'--'''~ . .. ~-"~ "' . Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~'6"lo.~.-,-,-~ '=~K.;ii!lI ' ',iMit""I~' "'~l" ~ (.) ~~ ~ ~ ~ o 0; i ()I \c..~~'o.",~l!J.:,L ~..l! I -""'"~rli~~ . -",-~"',W";)[il.*,*_, ~~:~ .:lit<l'~~1'" "., Ii ~-' ~~""'- m'~~l '",No ~ {,(j, '-.J ~ :t'€' ~ "'- -<4 f' 01 .~ , ~ '" 0 () -- () & d () 0 () C> () ~ i I I I l'l) " ~f l' , , " , " , ~~ "\ , '"' " ~ . --< ".~ ,~,~ -,-~, ,"L'-:J",,;J' _.~,,~~<'7'd_1'1".;."..,,","_, "',", o. " ,~ .l!IL,,,,,,~,.,.,,,. ',.' (") c <' -oeo nlrr ~;I1 Z't, G-<()~;: .- r:::c ~ .... zl;,z --Co >c Z =< ,n , d'" .'~'!, . o :Jl: 'bl>> ~ o -n ~:p '''')fTI "'7 ~~1~ ?"")l1 :0.,.0 L.'~rn Q > :0 -< r :>:0- :x: '? N eJ1 "' .". , " "r. \- ,.", ,.8":';;"";",,,,.;,"; '~~';'__~_^;:[.- .- '.r/-". '0,.;.,';: '" _'_c -:....1-..- ;>,,1"-'-'-"'-"-""0 <.;:,,-,~[, :";'-. '..'r-' -+.':.. :,"~,' ::,:~,'}':-:-',,:;;::,,:-'-).'~~' ;,is;"::';; U :d _ ,;"-:;'.;', ':, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kJa SHAHNAWAZ M. MATHIAS, t/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT CERTIFICATION OF SERVICE OF 2958.1 NOTICE The Praecipe for Writ of Execution concerning the above action is based upon a judgment entered by confession, and notice has been served on both Defendants pursuant to Rule 2958.1 at least thirty days prior to the filing of the Praecipe as evidenced by a return of service filed of record. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~~V- Mark G. Yoder, Esquire Attorneys for Plaintiff Date: March 13, 2001 &\i:,.".,~ ,"""", ;;~',," "-'-C~",.-;" '_'2;:o,:~I~~~;,~ "'~",,' > "\;,~!-.J'. ~ ~ _,_~. ~ - ^ --,~ ,);_",~:,;,;~";;j;'~\;\" ,~'"" ""l_!<,>.ii' >"'-Co" --- , "., .' ;;,';;';C~'; ','e..d "","",,', '",,' ... () 0 0 c: ," s: :::It UCD J;~ ~n nlrn :00 (= Z::u :'.]8 <<:c;:. ~- ~>: '"~;:(:l !<c .-. ~:~;i ~lJ -- Po -"" ~-",,- Zr-', '2 5~;: 1Tl )>c U ..-.J Z N $; :<i U1 -< ~ _,'r .. ' ~, , --" - " c '. .,k;", ,,,,,~,,:'~~'c"~,"~,,' ,\"',~;'>_..-; ',' _ _ C ,:' ,_',H;- '''''_ ",LOb-" "'.;:' ;,' "'<,I;~,'-;,'/~il-"',,,~,,',":,,,;- -'-"",:",0;;.; . '",-, >':NV" '&'-;':1r':;~';";Lr>;;,_';' -~~,,',~~,~s' "<::'j;,~-::: , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, t/a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of March 13,2001 the following information concerning the parcel of real estate located as follows: (a) a tract of land located in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, identified on the legal description attached. 1. Name and address of owner or reputed owner: Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 -~~:'__';~"_~C."_'~ -",,!v~,-,-~,,",,-,,__v; -"'.o.~),' ,',_~,.' . ,-'- ,''''j :~< '-'.'-;";"';';' ~",_." ;~',""j=~"- ~"""I"6S',~__""':'_',,;;;"''''' "',-, -' ,C,:;:,.; '-',j,':w,-:"" ~~;,\'\-';"~~",-""-~,"'"---;"''''':'.',;..i..,- ,..; \';p;-!;,;,~ I' 2. Name and address of defendants in the judgment: Shah Mathias a/k1a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA 601 Dresher Road Harsham, PA 19044 4. reco rd: Name and address of the last recorded holder of every mortgage of Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, N.A. 601 Dresher Road Horsham, PA 19044 5. property: Name and address of every other person who has any record lien on the 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: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 c ~ ^: ~ < ::_ -;'::~~->alh Haubert Homes, Inc. c/o James A. Ulsh, Esquire Mette, Evans, & Woodside 3401 North F rant Street P.O. Box 5950 Harrisburg, PA 17110-0905 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 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. Section 4904 relating to unsworn falsification to authorities. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: LA~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date: j;1lllY1.A I 7 ,2001 1-'- : -~~-~",,-, "-v" >->;- "-_":Yi,-",,;,or""-;;'"'~'~'-' 'r;"" -', ,,~i:C'';<--"h''~ ,tbc<~' >_k_-L,-_ - ;.} - '__',_,1,' _-_"~...,"'; L;"-:",,,,~,~,^ii-',",:"<'+_"->; ,-",. '<o'T,,",-';'b;r~'i~;~ ,_ ;,;',~~,,,:"\!;"G~:-i'i'u~~..,~;i. _. - ;:. - .~~~~~~ No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Ml.Jlberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~'-< lJ.. -t-J"'A',',.;;,I'--".-.~,,-,,- '. ~'-. >C.'", _;_'.;'.';" _~,,_,.-;;, c,--.;~ ~iJ;;.;,' "" - BEING THE SAME PREMISES which Shahnawaz Mathias t/a Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/kJa Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/kJa Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife. . ~ '_, ,1 .'1 '~ :1 ;j :1 i ^I';~" "" '-,"'-> """~'L;":i;.";>,; ,.", ' ~""^,.,, -,. ..". ,,~,~ ',,~ 'Co. ;,,,-,--,,,~;,,:'; ,;;~-~ ., -~, l"-,",, ".' .... '..h"~..' ".."0...". .,..,." () <::::> 0 c- "1:'1 ~:~ -::00 .. , '"Vi]: .~.... ;;;u, f'IIT! ='J .--r; " 2:1; r-:;'; 2~c. - -:-.1'''8 .", 'if (;) ":'-,~ -r-- ;~~-~j -; -<,,-". ~Cj ""-/(.3 ::::;'" ,") :.;:() ~f::. Z:j ;];1 :;: C) "-,.., ) ""'c: '2 Qrn ;Z N 5;' :< ::0 (.11 -< ~ ......... '""..'~ . "' -.'''' i~- kv-'-"" ,;I~ ''-''-f:~'" .", ~.k_ j- :',:-~,)~~;-:ik~I";";~',< :-:.h 'i:~' ~~,,,,'._-~,-,.',:-,~'~., ..:-;-'->'--"; 1:, -"--,,,-,", ,,,.-;, ~'liilll 'f~'-:il I 1 I Ii BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kla SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shah Mathias a/kla Shahnawaz M. Mathias Va Eastern Development and Design 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Your tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment obtained by Manufacturers and Traders Trust Company against you in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. J .. ~~ .+_1.', ~ '.,- ='- .'.',,,-' -""I . ,,-( 'T~I ~-,;,-:'~;.."I,,;c,;',,~.-. e~. ;; ,'--' "--~,,~ ,,~-,-7..,. ~7,'-""'" ~ ~b, IZ'! 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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 ~HERE YOU CAN GET LEGAL HELP. x '-l" "- d...,-,-., ," '-",-~---'.~: ,'C_.'c' ,,!:i ,:";L-~';",-,: .,<I,U;:; ;;._-1"'''''0, -.v-',i.~ ", """"',> m ;'.h " , '.'- . j.;;;':, ''''.[~, -"'. 'or~::,_ I,' h I'~ I~ I, I; ! , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 " i', BINGAMAN, HESS, COBLENTZ & BELL, P.C. " ~, Ii 1,1 I: I: I, '] I, l~ !1J 11 nl Ii i~ r~ ';1 By: LA~~ Mark G. Yoder, Esquire Attorneys for Manufactwers and Traders Trust Company ~ '." i0 i::i I ~I " U :1:1 "i r~i Ii ~j \1 ;,j ,; .' ....L.~I . ' ., ,'- "~,,-,' '''~''~-'''--'.''';----''jj~-' :-"''''j No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes .,1 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. , Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three coursesj and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet tfo al Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 eet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center .line of Mulberry Drive (T-586) the point and place of BEGINNING. " ~u '..:__ I, I.. -'" --I,-,;;..,;~'< '"' -..' -- 0" -"~'-; ,r BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~I,'''':''~ ~~tWi<~li;tfil~~~ri<kmiL%'Y&'I<~~i<i~~~ I ~', ',_ r. ,. ~~ _ " "", d' -,,~-.. ~' ~_~ [I 0 0 0 C ""OS: ," ::;:: :;1 m ". mrn ::0 i\1 :0 2::1:1 ~ni'n 2 C" (f),,- .1'""" .,,? --< ;..::- (j !;:C--:; :I>> ~.".{S/ ~(--' :E:: .-r.:!i 4.' ~~,d(") 5-<"'-: S' ani c 2: "-> )-~ ~ en :J:J -< 1'-0'- -, ," '"'d.,"~"', ',- - , - __,,-.:- ,II" "'" .' .'____ _~_"';_,Io - o',~k-~"" '.:';'J---'-;':~;"___-~,,,,;;;, .-G,_~:", ~"'_-$>-':'_-_"_:__ ,~ '"_"",,-v;, ,,,,,",,,, - "'C'r' "; . 0;1 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ;j , , :'1 MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term , :~ ~ ~1 ;~ l~ ;" i,j Plaintiff 1'; it [] v'S. CIVIL ACTION - LAW , ;j ri I', ,1 SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants :\ CONFESSION OF JUDGMENT !'i " :~ ,j , ., " II. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Your tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment obtained by Manufacturers and Traders Trust Company against you in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. 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. "" ",I :,~,'-- -,",'''.:'-',-', ~,---.",.,"'-'-. ,." ,-, ~>.; '<' - ll,.;.~ ,,'it-!'-.'",' '-"1-'>-'" ,-~;'< --"~'~,:-" """,,";;'--"';'.,~,"c,' ':,".: -- -- ~~'1 ~ " 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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. \' 'i \~ :1 i1 j 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. . '-,.f;".' ~~', ,.' ,I, -.' . _ - " ;_< " '_ ,,' _, '-~-_'___' ,'--:'-,.,_'.'..<t ,:~__"J'.-____, q",,, ':,--r.~;',"..:o:,"I~,'; ",,-,1. ',',,"' ;-,__, ',,'.'-h ,-\" :.,.,,, ,,;..,_ "~",~~~~ '~ ,- '\~:] II II Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Ltr~ tzL- Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company I, !H- -, ""-....l....;...........I,,,. ~~ ,-" ---.', "hi No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. I. j, ,~ J.",~. ~I' ,,- ,',_,___i-_-' '''-A "'-.,," ,.' :]',:-. . BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~---=-"'~~'!!IliIi~""~'- WK, ~icid;JOl:~'>J~&i;'lii'?-II*"t~"'~I!QIiii_'1iJlIllI '>+?::"i:,~,/,,"-r"_,' Y!,,;'J'l:-""{~;''1-;,'I::''''!,-?f-'-,' , _"', ',,"' '<i">"",~ ',.:~ "; " , ."-'",-'''', " ,"J,~ ..~i,' .", ""iii"iiiMiIBI '>~ ~''''-'''~iliIiilI_ T'~" -'~" "" "'. " ". =>~". 0 0 0 ~ -n :x :.~;:! -u05 :c- ~fTl ;;0 (~i~i iJJ ~.(--" ^'-'fn :ze,- :by (j').c:~ .;;- -<...r:'. ~:3~ <c-.:; :;Do Pc ::;:: (=)~ :z~ U'"" c.J --0 S' .r.--rn Pc 0 ,-4 :z 1'-> 55 ~ (J} -< c ";'1, I" I , ~ I I' ,.,1',," . ,n,'. ~"""- < J No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. , It !l " !;, i '~ i; i'i i'; ?: Ii' ! ~' ,,"-- I,,,' I~I ,,, __'V ;;.-"~,, ~. , BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. . . w "," "__"",-J -.,''',^ ".,- "'" ..;' ,'-'cl~-" ". _".' t -I ".'-oL-w>r-;^'."'r~"" -c ;.ir;'"__;';ji'<"~"":"_"'",~'~'~/'",(:".,i"_,::i-'__';,<__~" trl:~ I I I I 'I ~ I' Ii I' II 'I I I " I I I I ;1 , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF BERKS Mark G. Yoder, Esquire, being duly sworn according to law, deposes and says that he served a Notice of Sheriffs Sale of Real Property to the Lienholders and Interested Parties by regular mail on 8pr'-', \ d-""3 ,2001 to the following: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 Haubert Homes, Inc. 15 Central Boulevard CampHiII,PA 17011 , .,-,.~, . -- 'I~ , n .. " '__ll- L. , "-, ,,-_I ';;,"01 n ,.',C ',-~ .,~ ".'~ ,-"-,'", ,--.i,;;~-'-_,;"-~J-;,~j,,,,,,,> , ','c,', <Y->,~ >-~ . Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Ginger Fields Planned Community Homeowners Association P.O. Box 163 3255 Cape Horn Road Red Lion, PA 17356 Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17104 Comcast (formerly Suburban Cable TV Company) 469 East North Street Carlisle, PA 17103 True and correct copies of the Notice of Sheriff's Sale to the Lienholders and Interested Parties are attached hereto as Exhibit "A" and incorporated herein by reference. A true and correct copy of the Certificates of Mailing are attached as Exhibit "B" and incorporated herein by reference. By: BINGAMAN, HESS, COBLENTZ & BELL, P,C. /v,A~ ..~ Mark G. Yoder, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this i) -'6rJday O~~A t ,200.1. D ('...~ ~maJ.itR Ip~ otary Public NotarialSeaJ Cruzita-Maria~, NolaryPublic Raading, Berks County My Commission Expires July 7, 2001 em f, "nay aOla s a Ion a '1 ,- , , II I.. " .'~-- ' '". I c '0'" . BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff T reeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. , ,-H 1,-1 -" . ;"'~.i I , I I . 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. '- "" I_I '='---", .J~_I' . Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By M,f!:,;;;:,";rnl ~ Attorneys for Manufacturers and Traders Trust Company , ~ .. , J _., wI., __",_~I ';--.' _i..iL'" ,c ,_'" ~" ,",' '~~, i I I I . EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, . Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes '30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North. 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah " . Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. 1; 1._ ,..J.............I. < ~' ,; , -'m ".'<>, i~:! ,~ / , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No; 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRAA. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. - L 'I., ": ~j ,~I . ;., .,'t' , 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. . L .J~I_b 'e .__, ,,-,,_,., Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By Mab6~"ir Attorneys for Manufacturers and Traders Trust Company _ AI :tl-, , , " d~" ~I , "~-"- ~' ii;, . EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah - , . , :" , " L . 'I.;, ~:' Mathiasa/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~. "' . 1 .I, . .'-, " '~ . ., BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 17011 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE O~ OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. .,,-, ci i . , 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 th~ 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. .,~ . \ ~1 ' _ - , I ..;J....~I",.-, '- ~ '" , ~ . ...,' Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: M~r Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company 1J_I,-' I, .J.--~ J ,; , '. ,- 1,", :.... . EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah -- ~~~- , '_l ., _~L~,._.~I . .-~- " :"~ . .^"~ "1 Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. - I, _ i ~" .,i", ,~' ~ ."'-1:': ,\ BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. .- .,'~ I , [,' " i'- ""-\1&-' , , 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ~.- , , ..J_~""~...;-"'I '-" ',,',~ ' ~" ,. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mb~d~Uir Attorneys for Manufacturers and Traders Trust Company ''''*",," - II " I..;... d ,,' -'-,,"'i~'8:r .' EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah I! "i, . - ...L~~ ;1 i ..,,,, ,'.",,' -"ee! Mathias a/k1a Shahnawaz M. Mathias Va Eastem Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. . I' ...J......_I' -' "'-" " BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ~. 1- , ,~ ~ " ^' ,. , -. lli ' -,'-"~-- '~,:: 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. I, .11, o ;" "'-'- ,'-, - -. ,,' " ^-~- 'iLl , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: M~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,""""''"'' ,I., c L..: I: ~. ,'..~ ,- ",,",-" ."~.-i , EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5 1998 in the Office of the Recorder of Deeds in and for Cumberland , County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah IJ 'I .",.~~ "." :l'; , Mathiasa/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. , " . I; . " "":.'" , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Comcast (formerly Suburban Cable TV Company, Inc.) 469 East North Street Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. , 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. .__ J , " ,LJ ,,' , ""J.;'";,,. - ,,,- -['~, , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: MIu~;;;;;uir7J- Attorneys for Manufacturers and Traders Trust Company EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah ~, ", . , I' ,L .', " l," ~"-. ,> ,,-'.. . .. ~ .... ~~ .- "11:U Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. j"--~ ~" , I " .,- "".',',",- ~~,'! BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ginger Fields Planned Community Homeowners Association P.O. Box 163, 3255 Camp Horn Road Red Lion, PA 17356 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. , " ~ '" .1. -- ~ ", ~[~~, 2. You. may be able to stop the sale by filing a petition asking the Court to strike or open thejudgment, 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution ofthe money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ,II .. : ";,L._I. . ----'"-' "- -;~ - '~, ;,..,-; . Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By ~;;;;E,q"% Attorneys for Manufacturers and Traders Trust Company EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos..1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah ~~" , L. I'"" _c, ~ " -':l~ / Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. " ~~ ., -II -\,,",-,_1 , " -J- "",,~_ '. ''',-, ' -'\.-, lilC--'-"""-r: , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. .<It ~~"I 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ,I' " """,0 .'Pc.C ,or:; Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~~, ES~!- Attorneys for Manufacturers and Traders Trust Company , ~~~ -< II ' ~ -" I,' ~ I " ~' "' ",----. ,'",- EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line ,of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah " ; ~ll. C .', i .1 ~ I ~~ " . . ~"---~,; . ,. ,,,,,,,' Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~ ,; '61 ,,; I~ ' ~." -", .-. ti<~...:r;J: .,'~-' '"jft,} .,. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufactures and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ~ ;.~"" la.l ~ .,l - '. ""' "" . ~,' ,-& , ~-. ~" ~;);< . 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 three on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ~ "' ,~ ~r.1.. I-^ I" "" .,' .'. .' -, ~ < '. &,-,,- Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,,-' " .'- ~=~~~Ii. ~" ~ "". ,-',.', UIi1-'~' >" L\<" EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah IT ;....~.. "~ .L Ul ..J;." ~ 'I.~ .,.. ",-,.".;",,'.,", .1' ,-,'.' ,,;;..,-.:--'; --- .;, ~'~"-~;, ':':1-_;. . , Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ,=~-_._- --. -" ~A~:i ~J-~~h,(~ ,"OVIOI ,BH@B I ReceJv BINGAM^~, H~S, COBLENTZ & BELL t\ I B()I'("~'iSrONAL Cn/lPOHi\T!ON ATTORNEYS AT LAW TREEvIEw CORPORATE CENTER SUrrE 100 . 2 MERIDIAN BOULEVARD WVOMISS1NG. PA 19610 OnepJeceofordlnervmeJleddreSSedto: 15 CENTR.AL l3OOLE:vARo C':llMP IfiLL, PA 170 II PS Form 3817, Mar. 1989 '(Mj"L ~!fi~ !~~ here in stemps " __~.~~a ~~.l ---'----. Affl"f...........l..o...mno U .$. POSTAl MAY BE USE PROV1DEFOf Cfloblr'J.e fY\6Y IBH@BI AecelvedF. SILVER SPRING 'lOWNSIlIP AUTIIlRl:TY 6475 CARLISLE PIRE MF.rHAMTr'.cmrmt: pn. 1 '701;1;_,,1.Q1 PS Form 3817, Mar. 198~ " , ,:,,)',.: ,,' ~,-- ._,~ / ";.f' >"';;' nc Atflx fee here In stamps '-,,;''',,,_,'t.: U.S. POSTA MAY BEUSEI PROVIDE FOil Chol16/d- ~r"6Y~ IBH@B! RecelvedFr BINGAMAN, HESS, COBLENTZ &. a ^Prto~=~~_:~~h{;~)r ~ TREEVlEWCORPORATECEN't'EA'~;)~~' !I SUITE 100' 2MERlDlANeotIl..EVAAO;',"(<':_~:, ~; p WYO":1}5S1NG, PA 19610.. '~'5'" ~, One piece of ordln.rv mell eddressed to: ,,'X:'~':,i-,,''if' 'c","',',~ VERIZON FORMERLY BELL ATLANl'IC) 1'71'7a1)("Rcpmro~ PHILADELPHIA, PA 19103 PS Form 3817, Mar. 1989 :,I~'~lrl'~l~iii;;j:~;;;,;' I, i U.S.POS MAY BE lJ PROVIDE I "l70bf~~8 fY\G y !BH@BI Recelv'l One pklceofordln.rvmell.ddr.ssedIO: PS Form 3817, Mar. 1989 ~:~;;':,: . :Y:~r' , ;.-_~:, C", '~ fI fl... "'. "'. "'. ~. ~._-'--' ~;.~~ r-- ,~-:' JJ '1 ~Io:-\-"I" '. 1 . . -- i - ~ . . "...,I.::;! " l"'6'( ~,}06\s"-d-e 'd !BH@B! Wj'(,'lfl ~ ~;\! ,,' ,..), ~l.'~.~';J~~ 1 .'~'t ,~ '.., i-'i .;"tIi.~\\/ 1/ f'l,~,: c:J :-.:)i!L ~ '~:iill _'_'ll ~n ; ,,:tl 1!..~.'~J\d f..........". U.S.POS' MAYBEU PROVIDEF Received One piece 01 Cj,dlnefY mllil eddressed to: CXJMCI\ST RJRMi;:RLY SUBURBI\N CABLE TV = 4f'jQ F.1I~'J'I Wl'Qlm c:!"1"kIJi'lO'TI CARLISLE, PA 17013 PS Form 38n, Mer. 19_89 ";f! -----',-... r"..,. Affix fee hera Instamp!l U.S. OST, MAY BE US PROVIOEF( Recell/ed SILVER SPRJm'lG TOWNSHIP 6475 CARLISLE PIKE MF.C'RA"'TT~mr.. O:ll. 1 '7n5C: PS Form 3an. Mar. 1989 0; / '!\ .S.PO TA MAY BE U$! PROVIDEFO CjiQb't-;;l e t"6'r '9 IBH@B! Affix ,.... h_l.. M"_~~ RecelvedF GINGER FIELDS PIJ\NNEl) IIOMEXlWNERS J\SSOII:IATION p" pOY 16J, n.. CIIIlP IIQRN RQ1\9 RllD LION, PA 17356 ---- ....... PS Form 3$17, Mar. 1989 9,n(.x'1, ~ ~ l' ~ IBH@BE Recelv( BI"'GAMAN, HESS, COBLENTZ & BELL A I'ROFBS..<;J()NAL CorlPORA110N ATTORNEYS AT LAW TREEVlEW CORPORATE CE:N'TgR SUITE 100 . :< M!':RIDIAN BOULEVARD WVOMISStNG. PA 19610 One piece ofOtCUnervmen IIddrall9edtol U.S. POl MAYBEI PROVIDE AfflJC!ee herein etamps Ie RELATIONS UJMJ3ERJ:J\N5 CIJUNTY 1 ~ 'll.T JlJl,p.:rnmi~ C!ITID~ CARtISLE, PA 17013 '-.., tn 111 PS Form 3817. Mar. 1989 .. ~...~.~~.. ,'" i " I '~ I I" i". \. r, I:,. >1 I,', \,~/:;. , ~.~: - r:~: ft " , , i , I ,~ . . . U.S. POSTA MAY BEUS( PROVIOEFO cnDb~I/~~~&Y RllCeivedF BINGAMAN, HESS, COBLENTZ & ,\ I"'1l11l'f.,";ION^L COIU'OH^TION ATTORNEYS AT LAW TREEVlE:W CORPORATE CENTER SUITE 100' 2 MERIDIAN BOULlOVARD WYOMISSING. PA 19610 Onepleceoforlllnerymelleddre8eedto, or '" ~ <Y OJMBERLI\ND OJUNTY TAX CLAIM ctl~ .._O~u:dl UJUL"<.diODot:i am aJURTIlOUSE WARE CARLISLE, PA 17013 , .,..:)! .~'~.::~ \ ~.r~~ ..., .J " ,...,,,~,,!If'l,ll It! c-:::: I~~r. o '~'I"( "II' " ,', t' .J f-l I Ul ;;:U 1'1 _!Jq I ....~... *~.~. PS Form 3817. Mar. 1989 / _'rii I! ':", ~.jJ~illlMiillil!{l!lJ: IT "'"~;"';~~-W~~b:iill.;i,l,~~!Ml:*~>W_~;j('-f-Itl.1f~"';~....L;~. ,.. -- "h1~" ',u .. - .., .. -~"''''''''' '--'-"" ' "", ", ~, , '"~ "".. ,,-,-; ~T_ ." ~_>h ."wtk"~' ~~, , - C") 0 0 C '11 <'" ". .-~! ~tlj '"OJ T ::::".1 iT;~ &.11-" N -q':IJ _~;, -t"~ -!- -".:';. (.11 9~S GO "'" "0 -,,..-r-; ~;C) :X i'~-:' ::::0 ~O 0'~n Pc t;:? o ill Z "-1 '" ;'l> =< (n ~ " ~< ',-' '.",,~,,",,-.--, ,><< ,"_id.__'" 'n'.- ',"-'__,'c~. ,,~ : .. ".' -, Il' _, --: . , _ <l;.. I ~;'-. r"" , -~ ;\i!i , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of March 13,2001 the following information concerning the parcel of real estate located as follows: (a) a tract of land located in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, identified on the legal description attached. 1. Name and address of owner or reputed owner: Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 '0 , .~ >~ ..; ~ , ~. . -- r1'", '0 ___.-, ,- ";~f: r"'__ 1,- " .' "<<..< ;u'__'t;^,:, ;._;.;:.,,-,~,..i 1";;'", . r ,,- ^""';, 2. Name and address of defendants in the judgment: Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA 601 Dresher Road Horsham, PA 19044 4. reco rd: Name and address of the last recorded holder of every mortgage of Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, N.A. 601 Dresher Road Horsham, PA 19044 5. property: Name and address of every other person who has any record lien on the 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: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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: Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 -, ,-, ,--"- ~~ L- -_~ _,,__ , <," "" _"",',_c~.,_" -~--," ' I_I,;., -: -- -" ,,:;--;.) ,.-,'-1. > "" -'-',"' -- '.'" .,>- - ",-" ",,,I ">,1 , Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 17011 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Ginger Fields Planned Community Homeowners Association P.O. Box 163 3255 Cape Horn Road Red Lion, PA 17356 Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17104 Comcast (formerly Suburban Cable TV Company) 469 East North Street Carlisle, PA 17103 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. Section 4904 relating to unsworn falsification to authorities. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. Mi~~sq~ Attorneys for Manufacturers and Traders Trust Company Date: 14(-,/ 1/ ,2001 c' ,-,,"--" _"'.->,'C; , --,"-- "0 'C" ,'- ~ f _, . :P.<-.- ~',I ~ ";;1.;" ~- c , " " c -"--,,~> -""k'"" -"- c' , 'c' '1~1 I i ~ EXHIBIT "A" ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah -' -" '0"_"<",' , ~ " -,,~_, -. -I ',- ,-.-,Ae ~-J_i~"1 -__-,~" '~ '---,',,,- ", -- c "" ,~, '<; ~ >"'!t: Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ,l_ "r~~' -- '~._"" -. - """"'-~ "~".,," ~, ""~',,~,-- ", ""' '-" ~ . .- " '~':j- -~. :_"~' ... '~~o~~;~..,:r~~' ~, , "" '0" ,~ () ~ s. "Ucu ~:'R th )_~~ -<...-::.'-- r::o 3.~ r-. z..... >Q '- ~ e. ee co o ,') ,-, ,- n'i;Q "c,-m e.,'.'-? ~c'~ '-Ct, :.;J"'r; --'- --n s.~C) orn );! -0 =< ". ;g N U1 -0 :r 't.:' N c.n " _I ~ > l [j ll' 1.!Ii If,)"'" .. [llm17 ~LU vnVV ., w_ -- .' JUl ~ 1 ?O~ ''if BINGAMAN, HESS, COBLENTZ &. BELL, P.C, , By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Cenll;r. Suite 100 2 Meridian Boulevard Wyomisslng, PA19610 IN THE tdURT 01= COMMON PLEAS OF GUMBERlANDCbUNTY, PENNSYLVANIA . C!VIL ACT!ON - LAW MANUFACTURERS AND TRI\DERS TRUST COMPANY, Plaintiff \is-. SHAHJvlATHLAS alk/;'l SHAHNAWAZ M. MATHIAS, Va Eastern Deve!opment ano Design and DEBRA A. MATHIAS, Defendants NO,OO-76S6 Civil Term CIVILAGTION. LAW :\jJ. '.<At,. :~ CONJ:5SSIONOFJUDGMENT " QBDE~ , , ,... "AND NOW, this >._~b.:L---, day of rul~, 2001, upon c;onsideration oftheStipul21tion filed by (Fie Plaintiff anqJh~q.~.endants inthis m"tter, the.te, being good ahd sufficient caUSesllQW'l, it is herilbyQROERED and DECRE,ED as f0l1ows: ' " , ", ' '. ' . 1. Til0 Sheriff's Sa'f; in tne:Jbove-capti0nedmatt~ri scheduledforAugust 1, 2001Sh<ili, be continued, to a date 10 be set by IheSheriffafFUrTjbertanCjFCluntyand Which qa\esrlail be qot les,s th~f"\ 60nor morethal1g.od~ys..fr?tr1 jhe?Cjte of th.is Order; 2., Thiscohtinuar\ceisiil accordariC~ Vlithi~~'f1~sYlvania Rllle 0f Civil PrOCedure 3129 anOSha,1I be with9uf further cost or advert!sin~, '. Copies TQ~ MtI~k G. Yoder, Esquire " Bingaman, Hess, Coblentz & Bell, P,C~ Jreeview C0iporate Center, Suil.e 100 2 Meridian Boulevard Wyomissing. PA 19610 Counsel :or Plilintiffs Cop y /Yl~( fscf 7!JI!O( :r, B"""",y,,' T,.H",','..',E,.'.",.,"".'.",C,,"""',','O..",',..,.'."',.'.',u..,.,,',.,..,','.',',",,R.,,'...,..,..,.',."..'",'T"'"..,',.,, ,'"',...,,.,..,".,',' "'.,'.."",','.,',.,~,., ..,',.",.,.'. ,.","'~,',.,..,""'.... , ,,- _~-- c' "''', _ :_, ,_ ',_, ~Jjl... ."'". .",tJ 1', U' '".,'" , Scott A Dietterick, Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 I Counsel for Defendants CoP'f pe-u-c.0day el~CA) 7!JI/O( ~ J. -, 11-_____ III ~~- ~~~ - " " VIr! D BINGAMAN, HESS, COBLENTZ &, BELL, P.C. Sy: Mark G. Yoder, Esquiro Identification No. 32493 Attorneys for Plain\ifi Treeview Corporate Center, Suite 100 2 Meridian BO,Jievard Wyomissing, ~"A 19610 INTHE COURT OF COMMON Pli::;",S OF CUMBERLANDCOUNTV, PENNSYLVANIA CiVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. OO~7686 Civil Term Plaintiff VS. CIVil ACTION - LAW SHAH NlATHii',S aiVJa SHAHNAWAZ M MAiHIAS, Va Eastern Development and Design and DEBRA A MATHIAS, Defendants CONFESSION OF JUDGMENT STIPULAT1QN TJ1 E~IEr;JD SHERIFF'S SALE. DATE Pursuant to Rule 3129 of the PennsylvEmia Rules of Civil Procedure, Mmk G. Yoder, ESqULO, of Bingarna', Hess, Geo!m,tz 8. Bell, P.C., counsel for Manufacturers Clnd Traders Trust Company, Plair,t;ff herein, and Scott A. Dietterick, Esquire, of James, Smith, Ocirkin & Connelly, counsE(l for th(:l Defendants, hereby stipulat\3 and agree as follows: 1. Judgm(mt has ")8l,n "lli.e~ec~n the above-captioned action in favor of the Plaintiff and against the Defendants, 2. Flursuant to its nghts under the aforementioned judgment, the Bank caused ceiiain property located in Sliver Spring Township, Cumberland CQunty, PA to be listed for Shf,riff's Sale. . \ \ \ I I I - - _ .! J l~ _ ~" ,." : L :--~~-" -J . :-~'l. y' In! rm. '~;UJlvv>w ., V~ ~ 3. The Sheriff of Cumberland County originally scheduled the Sale for June 6, 2001. At the direction of the Plaintiff, and p,ursuant to its rights under the' Pennsylv;onia Rules of Civil Procedure, the Sheriff's Sale was continued from June 6, 2001 to August 1. 2001, 4 The Defendants have obtained agreements of sale for lots within the supject real estate., dated rJsof .June 29, 2Q01. For Varipus reasolls, inclucJing installi1tioh of municipal improvements in order for closing to occur under those agreements of salo. settlement under those agr~~ments hilS not yet occurred. Defendants beiiGve clnd avel ti~,al if the August 1,2001 Sheriffs Sale is continued for at least sixty (60) days they wiil be able to either (i) arrange for a sale of substantially the entire parcel now scheduler) Tor Sheriff's Sate, or (ii) arrange for municipal imprOV8r\1ents to be complete in order that rots Wtthin the r~al estate now :;;cheduled for Sheriffs Selie may be settled ;11 a msmner satisfactory to Plaintiff Bank. 5. rhe Defendants have requested Bank to further delay the Sheriff's Sale, which tile Ban:\ is willing to do prOVided that may be accomplished without further advertising in accordance with this Stipulation and the Pennsylvania Rules of Civil Procedure. 6, Pennsylvania Rw; Of Civii Procedure 3129.3(8) provides that the Court , m(ly conl1nu8 1no Slleriff's Sale upon Special Order for good cause shown, 7. The parties are at\en~pli~g to reach an amicable solution of this matter which will provide for full payment of the obligations of the Defendants to th~Bank, 8, in the event this matter cannot be resolved within sixty (60) days of the date of tills Stipulation, the parties agree that the Sheriff's Sale should proceed. -' i~ IL ,,' '" 'r -l rnn~~l1llru~ I ~~.~v ~ ~ ~.;. - ,,,. ;..", , ': .' OJ[' ~ (", J. The parties respectfuiiy requ()s( this Honorable Court to enter an Order, substantially to the form of tile proposed Order submitted herewith, and pursuant to the <luthority set forth in Pennsylvania r~uie of Civil Procedure 3129.3, authorizing tho continua'1co of the Sheriffs S8!e, wit'ie)')( furtiler i1dvertising, for a poriod of between sixty (60) ar:d ninety (90) day" frOln A:"GUSi 1,2001, as may be set by the Sheriff. WHEREFORE, Counsel for the Plaintiff and Defendants respectfully request this Honorable Court to enter an Order, substantially in the form of the proposed Order submitted herewith, gran\int) tile continJ,jf',ce of the Sheriff's Sale date, without further 3dvertisirlg, fJI[\jG,t\hflAN, HESS, COBLENTZ & BELL, P.C, "7" 3/-01 ___~/~." .::~ tlrL-._ Mark G. Yoder, Esquire J~tt;Jrn8'.'r Tr)r Pinintiff By: .JAMES, 'MlfH, DURKIN & CONNELLY By: c., 'I', [-)'It'''-k '-'~c() ",~ . ,: I;. c;r,C ,l\,ttorney fOi Defendants . .;,... ., v~ - 6= JUt.. J r t6ffY'; ~"j~ t:.> , ~ ~ \\,'\ ~L\"I .~; ; -, v;.,:~ ."".,. 01'1 '(1.1: lIb,trJ Ov ,~J; vv I' ...,..., ''-'''# BINGAMAN, HESS, COBLENTZ & BELL, P,G. By~ Mar'" G. Yoder, Esquire Identificotion ~~o, 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Bouievard Wyoll1lssing, PA 19610 , _~ IN THE COURT Or- COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil t~CT!ON - LAW MANUFACTU~{ERS AND Tf~DERS TRUS r COMPANY. NO. 00-7686 Civil Term { ., . Plaintiff 'IS. CIVIL ACTION - LAW SHAH M,; THLo,S alkla SHAHNf\VV,6,7 M MATHIAS, tla i.astern Oe'ieloprl1en. ,w.e Design and DEBRA A. MA THli\S. Defendants I";:' CONFESSION OF JUDGMENT ggR~l~IEQfAODRESSES I do hereby certify that the fonowing are the names and current addresses of Qach pmty's attorney of reGord and/or the names and cllfrent addresses of each unrepresented p<lrty in this fOfl;going actior1; Mark G. Yocler, Esquire Bingaman, Hm,s, Coblentz & Be1l, PC, Treeview Corporate Center, Suite 1 DO 2 Meridian Boui8vard Wyomissing, P,\ 19610 Counsel for Plaintiffs Scott A. Dietterick, Esquire J~mes, Smith, Durkin & Connelly P.O. Box 650 Hershey, PA 17033 Counsel for Defendants ,. 8:I(GI\\1.t'r; HE5S, COBLENTZ & BELL. P.C. 7- ?>hJ( By 'f / /) V-;7 /? I"l--'-_A.---- ?~ _..,_I.~------~, Mark'G. Yoder, Esquire Attorney" for Pldiniiff ----,1',< - ,,',d,,__' < "--- -' "II , ~- _ ':"~,, _1_ , '- 1-: , ';':_,; ,_~ .- .' ,0, _' _~__~__:;"-,,,:;,,.-',,:.,~-,' '. , ",,,-"'~:q BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of July 16, 2001 the following information concerning the parcel of real estate located as follows: (a) a tract of land located in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, identified on the legal description attached. 1. Name and address of owner or reputed owner: Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 [-,C -- --- - -_;',,_~-_-:__-.;I,F, "~;".,,' ~""__. ".t-_:o _;,~I;;;'__~:'",: ,-,'-", ,- '^,." J---' ~.-'~. c _ :_ ,;~ >';-';:~~ " 2. Name and address of defendants in the judgment: Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA 601 Dresher Road Horsham, PA 19044 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4. record: Name and address of the last recorded holder of every mortgage of Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, N.A. 601 Dresher Road Horsham, PA 19044 5. property: Name and address of every other person who has any record lien on the 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: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ~,' - ,'_' ~-o_="""'~"""L=_'._,""o""",,___ ,,,,,," -,- " "''-- '<',-b__I,",__: "J-;_ n_ I~'-~".~ ;1'>' _ "", "'" __; . "oo"-.- :'0'"" _- >',,':oo~'~-,-;1(~ , '~~:j ,I )1 :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: Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 17011 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority c/o Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel, LLP 204 State Street Harrisburg, PA 17101 Ginger Fields Planned Community Homeowners Association P.O. Box 163 3255 Cape Horn Road Red Lion, PA 17356 Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17104 Comcast (formerly Suburban Cable TV Company) 469 East North Street Carlisle, PA 17103 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 -",'. '~I~,,-,,',~ ,~-,~,_, '~, - "',' ,<; ~-.- ~ ;, 'c' ,~~="~'_M ~- : ;,.I.L ~ ,,' I"~ __-_>j"'I.::_~ .r': ,,-',~' ,~~"w" ~~- ,;-" ,,~ ,<~, "'-0-i'",,"~,,'-.'_~, -" '';'" ~;:j , , i herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By ~.;;;;";re ~ Attorneys for Manufacturers and Traders Trust Company Date: 7J - 2- 'i , 2001 " ~ , L iJ:i ~ J __ ..c.~1 r~~_-- No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. .........L ., '-, ",'1._,,,,-,_", "' '.-,.-, :1. 1'-' 1- '-",,-'-, ; ,'- ' "'k~ BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastem Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. I: TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. '. ,1rii>1jiL~ ~'~'i~~~~~~:O;llo,~""'d;j,~,~!:Jd~~~_~~l!.i~j_!IIliiltlljli~IiJiiliUil~;"""'~.~, ~~""'"'"""""~ -)" ")'o",.~J?r;l~ I [, J!,~, " <_ ,,_~'",,'_ - ~ ',,'"'iT,";,' , '_', ,,,\ ,~ ,~ -, '>',"--'- "." ",';" "~ '~', - ." "'-~~..~-' o ~: ""(J,;- ~'r;--,: 0) )--.,~- rs; ::-_'~--: <"l"; '" SC~'. 3;S;;:' '-- ~ ~~ r:-') :'::1<0 :~,--) r.,.) (X, :'-C' !'\) c::- (:;) ~ --J '~ ~',::.,-! ~il --< ,""" , "'<,--'-"'i>-' ,='-j-,"~,..'^ -~, . -~---"-" ,,; l,j-,~~_ <,--__'___;,"1"_c'~''''I.,_'1j --'.''1'' "-f""'-' ,_C"',(..,, ,-,~",-",,-, '---';-:,--:"" ;- 'L' ),~ ',.." BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF BERKS Mark G. Yoder, Esquire, being duly sworn according to law, deposes and says that he served a Notice of Sheriffs Sale of Real Property to the Lienholders and Interested Parties by regular mail on f\ V[)vs-t 01-3 ,2001 to the following: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Shah Mathias a/k1a Shahnawaz M. Mathias 322 Cape Horn Road P.O. Box 163 Red Lion, PA 17356 Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 Debra A. Mathias 322 Cape Horn Road P.O. Box 163 Red Lion, PA 17356 ~~ ' . f , ,. ,,[> _,_-. ~~"_'-" _ -+ -F-",' -,': -, (}'---,~, I.. _ " _____' ,'" -?,-C;, c _", ,; ,; __-__"0'__' . ",&-i,L+ -0 _,,,--" ,;o~; ,,_~, l-~ _ _ I>'; 0,;;_ -__o",_"",__""_",.oo,,~,:.,,, '~j"h,- - --- '~lk: L Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 17011 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority c/o Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel, LLP 204 State Street Harrisburg, PA 17101 Ginger Fields Planned Community Homeowners Association P.O. Box 163 3255 Cape Horn Road Red Lion, PA 17356 Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17104 Comcast (formerly Suburban Cable TV Company) 469 East North Street Carlisle, PA 17103 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 True and correct copies of the Notice of Sheriff's Sale to the Lienholders and Interested Parties are attached hereto as Exhibit "A" and incorporated herein by reference. A true and correct copy of the Certificates of Mailing are attached as , 'I, _'___"'0'-'_' - - "-it,-,,' - - ,--\--, ^~ ",,_ ,. . ",1>1-_, ^- , '_-"~' ,__,I ,- '-I '_ ',,, >'~_"',"__. ",0>-, ' :-"-""",~"""y '-""- Exhibit "B" and incorporated herein by reference. By: BINGAMAN, HESS, COBLENTZ & BELL, P.C. hA~~ Mark G. Yoder, Esquire Attorneys for Plaintiff Sworn to and subscribed before me this Q7-tl1Jayof ~/.d:;/. 2001., U ()'(:i~{)~ }a>t?/~ otary Public // Cruzila.M':laria'Seal M wYOml~Q'~B~bIlC . Y ComllUSllOQ Bxpi....lulY 7, 2~S Memb8r.~......~_= "-oINota11ea '_,,~c_ -ViiI-; w !~~ i: I' I~ 1" I; Ie j' !' j, """'--~ . ,L ~ Ii ~ ,~,.-~ ~." uL c~"""S;j , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastem Development and Design and DEBRAA. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Your tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriffs Sale on Wednesday, October 10 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment obtained by Manufacturers and Traders Trust Company against you in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. 8:rh.I.>T " A" , ~""'" .-1 .i I. "" "- '< ~"- ":'25," , 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 three on how to obtain an attorney). YOU MAY STILL BE ABL.E 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 the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 afterthe Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ,~~, , 'l.J 'J ,\ 1'- -~ ... Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. q..2-1'o{ By: Le~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,-, ,,-- ''':~, ~ -"0 L~ ,,~ -M:!. "''-'1h w , ~, rl ~ No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ,0 .il ~~ , ~ - ,If ,,, ,v -t', _ ril" "-'" BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. I , 'J' b I -,";' - -," , ^"""""'j, , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Pia intiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Your tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment obtained by Manufacturers and Traders Trust Company against you in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ,IJ ." 1- '\I jMUjff", , 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 three on how to obtain an attomey). 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 the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner ofthe 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. " ~~j~"", ,:" l _ I., _~__"~,I '- ~', -, --- ~- , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. 4J.;z.'f.O I By: LA~ ?~ Marlf'G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,-""-,-",, ." .....- . 'cl . I,",. - - ,~,. '=" ~-" No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. dl 1-- 'liJi " "'~'~~"'"-~'f.i;i , BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastem Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ,- .1 ~, ,I '~ _"[j]li:Iiil1l.~:' BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k1a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Silver Spring Township Authority c/o Andrew J. Giorgione, Esquire Obermayer Rebmann Maxwell & Hippel, LLP 204 State Street Harrisburg, PA 17101 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k1a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10,2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees -,,",,,-,','-;:' due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. 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 attomey to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. , I~- ~I , '...<" ~ ~ 111.','1,.' YOU SHOULD TAKE THIS PAPER TO YOU 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. f:-J.<{.tJ/ By: ~ ~. Zk- Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company -~" , ' d" - " l , - ~_", - 1_" ~".I ,-.',-,,,' , .--e -'1}:1 No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. "'-'..... .J" 1........."1,, , ~ ^,' ~-, , ,,;,_1 BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastem Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47..706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4,5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k1a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~*l'~' -, ..~~ ~~ It " ~-' -' BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a1k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. .'-" - _"L .', ""I. ..n~I' ~ - ~ "c' f'l " - '-i~' 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgrnent 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. 1),Z'f-ol - ",-" l_ ",-....1- '~ '- , , ,- ' Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~ ~ ~p'L--- Mar G. Yoder, EsqUire Attorneys for Manufacturers and Traders Trust Company , ,,,-,;, ,-~-,>. """'" '- ,,"- "-'-~i I_I" 1- - ~~';: No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; th'ence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 rninutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heirn, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~til , ' -':ii;- .' ';~ - '-,",,'. -, ,-~ --,,;;,, = .',-"., ""'-'Tr~ BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~ < L .\~ ,~ 1 - . - ":' ~-- BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, t1a Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 17011 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. '~. \ -I .'~- - '~'"-t 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. 'I_ z i- 01 " .....w " J'-'-~ &-"-~ -, '1 ^ Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: /J.~ ~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company " "L I,,: ,.,:;,; .,'r~,-'" ,';'_,;" -"-' '~"~0 No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to "a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easernent, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heirn, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone. Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley. South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~' -, J , 11Ii ^ L ~, J_ ^"i '-n" BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a1k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias alkla Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. , " > _I, ,-,"IL "" Ci'- -,' i&-ililil "~ """";"'"'i< BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff T reeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a1k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias alk/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. f~~ ~~- ._ _L " -"-, . ,.. ~E; 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ~'i<<lJ~'''''''. q, J-q,tJl " I -~I , -,.., l'-'IFil'ii: Court Administrator 4th Floof, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~--~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,._......~ ~tl~ .-1. ^""~., ~:!g,.c__"f','_"; No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. " c ,"~' , " .. "'. - ,",~, BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a1k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/kla Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. '-IJ _L I~ ~iillli..~,,\, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a1k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. "'~'- : ." .' ,I 1'-' ~ ,'"' ,'-'< -~ 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ,-"'-- Cf2.'Iod J , 'k '~l-~ " 1"'-' .--< ',--- , t-.-,; l"t$I! Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: I.. ~ ---- ~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,,-- ct- I, -YJ' No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin: and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Krarner and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~~"= .-. , .;!' ~ ..-," , IIiI BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a1k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Developrnent, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~ ",-, - , .~I 0" ",." Cc-- f o~ , '~:':i " BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attomeys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kla SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 The parcel of real estate in which you may have a lien or interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10,2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ,-='. I' , ,1 'I' . --~ 1!l"' 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. .=~ " 0.2- 'I~o / ,- ,-" '"I Ia- , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: !vA vv- ~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company "'. " ~'ii~ :Jf~i: ~~- ,~ ~ " I ""I - '~ .... " .It-: No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 rninutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and Jarnes M.Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by sarne and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. '~ ~ ~ "'- " _I.. ~ "" '~ -~w~~ " BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/kla Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ,~I'"'"'_lc , " a.~d{'-, BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Pennsylvania Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17104 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Curnberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. atthe Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. 'I" '1 I. <,' ; " . i --~ --" , ''''-'MIi' " 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. .'i!_ -..,.. ~, " g'J,'1'O! A I ~ -~liilIBIiIIlIiiII '~ '~Vi Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: LA ~ /?rL Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ~=~ ., ";l~ ' ,~I-.._ , "-'\:, No. 00-7686 Civil Term Judgrnent: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1991 in Curnberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, Williarn Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ~ -- ~ ,c ,L . l' ]'mllll1L!&;_" . , BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a1k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. _.~ . ."'-~ I _b ~ 'Ji' ~,~--...-~C; BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Verizon (formerly Bell Atlantic) 1717 Arch Street Philadelphia, PA 19103 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10,2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. '" "~ " """"""'" , , j.\ ""I, -"'- ,-,~; ',~~~~ t- ;-, 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. 9l~-~" ... " <['J- <{. OJ , . ,^ ." "I,..,'" ., ; "",,'-^,,' .N' ., ~'--", 'i:_;~ I. ' , , '-.~- ",,' . Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: LA~ f~ Mark G. Yoder, EsqUire Attorneys for Manufacturers and Traders Trust Company ~w; I~I ,-, l!riil i"'\l': .. No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a pOint on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 rninutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T -586) the point and place of BEGINNING. """..."~, -= " , '0-' d. ,'I - "Log BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~'''''Kloh.d1 , I "I~ ~ -I ,~ ~.. '-Ill!!: '-wilt .. BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/k/a SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Ginger Fields Planned Community Homeowners Association P.O. Box 163, 3255 Camp Horn Road Red Lion, PA 17356 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1 , 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ~"-I " 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on November 12, 2001. 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 SchedUle of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. '1,"""""'" "~ ~ <? 1-- <-{- OJ I. , ~ ,~,-, ~"-, ~, """); Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: u~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company ,~, ..~ ' "'.oJ ~' I';' , '^"" ,-' ~".- , .~,~: . , No. 00-7686 Civil Term Judgrnent: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 rninutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, Williarn Dennis, David R. Cremeans & Lisa M., and Jarnes M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. #i~ - - -- ., ',I ~tii- . r V' hUJi> ~ BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Curnberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. <. ~ "" _-[0, I" I.... < ,- ,~,,' i',- -, ,_ h'~ "to; , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kla SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Comcast (formerly Suburban Cable TV Company, Inc.) 469 East North Street Carlisle, PA 17013 The parcel of real estate in which you may have an interest which consists of a tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, October 10, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA to enforce the court judgment obtained by Manufacturers and Traders Trust Company against Shah Mathias a/k/a Shahnawaz M. Mathias, Va Eastern Development and Design and Debra A. Mathias in the amount of $882,009.13. This sale was originally scheduled for June 6, 2001, postponed to August 1, 2001 and postponed again by Court Order to October 10, 2001. NOTICE OF RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the principal and interest, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. ,~~.< ~-~ 'I. , " ""L...\..........I~.~ '. . . 11" 'f :1.:,[" ~ 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 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 be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (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 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on Novernber 12, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. ~,....."" ~ q-.z..;. 0) ,I~ , ,I"" ,-" ,"- ~.~ ~~~ Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: ~~~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company "iil;( ; , , ,'l 'llllt - , ,~ C2!i.-> , No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 rninutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heirn, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and Jarnes M. Faley, South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. , , ",..' ,,'. ,d.'. '__I , ;"- ,- '. ", ""'"' ~ ,..,---~ ~';-.Y". ~':;-:!1'; . BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Curnberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. vV\1,~ cnDf,r~ IBH@BI BINGAMAN, HESS, COBLENTZ & BE ,~ PHrWF..<;SIONAI, COHf'ORATION LL ATTORNEYS AT LAW TREEVI~ CORPORATE CC:NTER SUITE: 100' <' MERIDIAN 8Ol!U::VARD WYOMISSING, PA 19610 . U.S,P MAYS PROVI{ {V\&t ~/0~ IB~BI BINGAMAN. HESS. COBLENTZ & BELL-" ^ pnOI'foSSIONAI.. COfWOHATION ATTORNEYS AT LAW TREEVlEWCORPORATECENTER 5UITl:: 100 . 2 MERIDIAN BOULEVARD WVOMISSING, PA 19610 Rece , One piece 01 ordinery mail addresssdto: SILVER SPRING TOWNSHIP 6475 CARLISLE PIKE MECHANICSBURG, PA 17055-2391 PS Form 3817, tyIa,r, _ 1 ~,8.~ U.S. POST MAYBEU! PROVIDEF Received One piece of ordinary meil eddrs$sedto: HAUBERT HOMES, INC. 15 CENTRAL BOULEVARD CAMP HILL, PA 17011 PS Form 3817, Mar. ~989 U.S. POST MAY BEUl PRQVIDEF M.6~ ~/Ob'" e !BH@BI Received w. I'~.~~I~ I >T AHixffilehll,ainatamps or meter postage and post mark. InquiTII of Postmaster for current fOl;l, , c' .~ "'(1;,,\ Affix fee here in stamps or meler postaga and post mark. Inquire of Postmastar for current fee. (:;"'" hil !!! '", o 't"'~ .,- "" '" "~ ~ O'DN\ Affix fee here in slemps or meler"postage and post mark. Inquire of Postmaster for current lee. 1801 BROOKWOOD STREET HARRISBURG, PA 17104 PS Form 3817, Mar, 1989 U.S.? MAya PROVlr ~~ ~)~~~~ I Racei , 'T Affix fea here in stamps or meter postage and post mark. Inquire of Postmester for current fee. One piece of ordinary meil addressed 10: DOMESTIC RELATIONS SECTION CUMBERLAND r.OlJwrv 13 N. HANOVER STREET CARLISLE, PA 17013 I f'S Form 3817, ,Ml!lr. 1989 , L:~; ~ " . I?', ,>,->,-L.\,.\- '/.> Jl~~~--' , MAYBE I PROVIOE 1'''1 IB~BI Receive , BINGAMAN !-lESS COBLENTZ & B(t d ~" IIrrmrl$SIONIII (OI,POHATION ~- -"'S'Q\~ ATTORNEYS AT LAW 0' /" 0 ) TRf.:I::VlEW CORPORATE CENTER ~ !! SUITE tOO . ;< MERIDIAN BOULEVARD Ui I 6(. :0 WYOMISSING PA 19610 19, n . I ~ \~ , /0 One piece of ordinary mall addressed to '_ t) '__ ~" CUMBERLAND COUNTY TAX CLAIM Bd~k 0 CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA PS Form 38.17, M!!r.J989 17013 ~I~, " ~= Jjlllfr~ "1,<;1 '''~,~. ...~~,~..~ -..- post mark. inquire of Postmaslerfor_current fee. u.s. POS' MAY BEU PROVIDE I jV\6~ ~7DY~B I BINGAMAN. HESS, COBLENTZ & BELL ~ II PHOFF_<;SIONAL C.OI<PORIITION ! I ATTORNEYS AT LAW [ (, TREEVlEW CORPORATE CENTf.:R ' " SUITE 100. 2 MERID1ANBOUU!VARO WYOMISSING. PA 19610 Affix fee here in stamps or meter postage and pQst merk. Inquire of postmesterforcurrent --,~..... / Sd.~1) "\ TM7'\. \ <VIJ" \':01 ,~l\ /~.!{ij '/ ,,^b'( ~r:~ I /(~~ BINGAMAN, HESS, COBLENTZ & BE~' (/, ^ ~m''''''ON^'_ em"O"^nON :: '0 ATTORNEYS AT LAW 0 I TREEVIEW CORPORATE CENTER 1',,~;"". SUITE 100, 2 MERlDIAN BOULEVARD ' : WYOMISSING. PA 19610 One pleca of ordinary mail add,essad to: u.s. PC MAYBE PROVlO Recell GINGER FIELDS PLANNED COMMUNITY HOMEOWNERS ASSOCIATION P.O. BOX 163 ~?~~ ~np~ un~N pnnn RED LION, PA 17356 Receival One piece Qf ordlnery mail addrasried to: VERIZON (FORMERLY BELL ATLANTIC) 1717 a~r.H R~~RR~ PHILADELPHIA, PA 19103 PS Form 3817, Mar. ,19.89 PS Form 3817, Mar. 1989_ u.s. PC MAYBE PROVIOI ~lOb"b IB~BI BINGAMAN. HESS, COBLENTZ & BELL~'~C).. II PBOf'ESSIONAL COHPORAT!ON I<%;" i.' ATTORNEVS AT LAW !:I); TREEVIEWCORPQRATECENTER i ~ ,'" SUITE 100.2 MERIDIAN 80ULEVARD \ () WYOMlssrNG, PA 19610 f%i Receiv One piece of ordinary mail eddressedtc: Affix fee here in stl!mps or meler postage end -....p.ost mark. Inquire of ~,~lIstertorcurrant 'ftl~\ /,,'\?\ '.</~ \ \ , ) I Affix fee here in stamp$ or mater postaga lInd post mark. Inquire of Poslmasterforcurrenl --~ ,e;-.. '" "," "<'" \"'p.....\ ,:,:\?, ''''! 1 SILVER SPRING TOWNSHIP AUTHORIT CIO ANDREW J. GIORGIONE, ESQUIR ORRRMAVRR 'RR'RM:a.NN M:a.XWRT,T, R. l-lTP EL, LLP 204 STATE STREET IJARRIGBURG, PA 17161 f \ P~ Form 38.17, Mar. .1989 , I" -,,^ u. . PO MAYBE PAOVIOI CII./'<{/d- e IBH@BI Affix fee nere in slamps or meter postage and post mark. Inquire of Postmilster for current feil. Recaiv , BINGAMAN, HESS, COBLENTZ & BELL ^ 1'110I'I'.SSIONAI. COlll'()I,ArlON ATTURNEVSAT I.AW TRIOEVU;;W CORf'ORATE CENTER SUITE 100.2 MERIDIAN 80ULEVARD WYOMIS$ING, PA 19610 .i>" n" \ \ ,\A." :~I) ~)f/ , One pieclI %rdlnary mail addressed to; ~ ,"~ SHAH MATHIAS A/K/A SHAHNAWAZ M. MATHIAS T/A EASTERN DEVELOPMENT ANn DR!=;Tr:N 322 C~PE HORN ROAD, P.O. BOX 163 RED LION, FA 17J56 PS Form 3817, Mar. 1989 U.S,PO MAY BE PROVID! (1'\&'( 'nD6'6'~ IBH@B! Affix fee here in stamps or meter postalls and post mark. ,Inquire of Postmaster for current fee. Recelv' BINGAMAN, HESS, COBLENTZ & BEL~' APROi"I,--"'<:;IONALcOllP11Ili\i'lON .qpr~ . TREE~;~~~~~~T~~NTER 0 'l:ti" SUITio 100 . 2 ME;RIDIAN 80ULl;:VARf) ~ ! ;~~ i WYOMI5SING, PA 19610 ~, J A One piece of ordinary mail addressed to: \, --;;'.', U I /'-/2 ' '( -----0~ DEBRA A. MATHIAS >" V/. 322 CAPE HORN ROAD, P.O. BOX 1 3 17356 RED LII!JNiil,PA PS Form 3817, Mar. 1989 U.S, PO MAYSE PROVIOI 1I\6~ 'i""Ob,(~ IBH@BI Afflx fea here In stamps orrneterpostageand post msrk. Inquire of Postniasterforcurrent fae. Aeceiv BINGAMAN, HESS, COBLENTZ & BELL" -..... ^ pr~OFESSION^1 COHPOf,ATION ~ ~'dS'~ ATTORNEYS AT LAW "1' '1 TREEVIEW CORI:>ORATE CENTER ',;/17 SUITE 100.2 MEI<IDIAN BOULEVARD (, WYOMISSING. PA 19610 ":h \ '. ;,," E Oneniecflofo'dinsrymilfl?fddressedro: . ,",I h~/ P~NNSYLVANIA DEPARTMENT OF R~~ ~. BUREAU OF COMPLIANCE DEn. 2889lG HARRISBURG, PA 17128-0946 PS Form 3817. ,Mar. 1!il89 u. . PO MAYBE PROV!DI Affix fee hereIn stamps or meter postege and post mark. Inquire of PostmaSlerforcurrent fee. ~ \ fI!\b'( 't'Ob,(~' IBH@B! Receiv BINGAMAN, HESS, COBLENTZ & BEr;;' ,I\~'-"~ ^pr~OFI'..ssION^Lt:OJWOR^r10N c,,<);o./' ~ -.,1")\\ ATTORNEYS AT LAW ( I 17 TREEVIEW CORPORATE CENTER C"I I U:O) SUITE'OO. 2 MERIDIAN BOULEVARD C \ i, 1m WYOMISSING PA 19610 r. \ :pI(; ana piece of ord'nary mllll addressed to \. , ;." ',,:' Iv ..:..X' ..0 " ./0'- COMCAST ".::!..>11_ d (FORMERLY SUaURBAN CABLE TV COMPA Y) 4hq R~~~ Nn~T~ QTPpPT CARLISLE, PA .~ .~ 0:3 PS Form 3817, Mar. 1989 '",,", =tm~ ~lIii.l '-~~"!!iI b-:.I~"~-'ofiMn~\iO~~~1!"""~!~',,,iJj,;.r;ti'fu.\!~imm.;tI~MlI1:rM~~!!Il"liiiMl~~~.' "'. ,I'h. '", "0'.'" .,_",_","~o,,,~~, c'~~".~'. ',' '.' ~"- 'I I ',:." " 0 (--'-:- 0 ,-; -1'1 '. .. :':":". C' " Q} ,'-) .~1 , ) (., .. , ':;) .. .. .. ) ~,. ~-~ )0' -0'- ,.J ,\ ~: ~ :< -< $; ~~... <'". '. ,-^, .', ."1"'_. ",' "--" ",r.'"'_'" 1i:i\!<.; l , , . Manufacturers & Traders Trust Co., Plaintiff * IN THE * ~~~ COURT OF COMMON PLEAS v. * FOR Shah Mathias, Shahnawaz M. Mathias, and Eastern Development & Design, Defendent * CUMBERLAND COUNTY * CASE NO.: 2000-07686 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RELEASEj[ ililtfEJ( OF LIEN Dear Clerk: We, Manufacturers & Traders Trust Co., hereby waives the judgment lien that we have on the property known as 46.681 acres, Gingerfieldsand Brook Meadows Cluster Development, Silver Spring Township, Cumberland County, as further described in EXHIBIT "A" attached hereto and made a part hereof. MANUFACTURERS & TRADERS TRUST CO. BY'~'2- ~~~ '/'<-. \"-- 1(,. ro\l. c-4~' 0 ~" " " ~-" o. ~~- -". _ .~,. . "~,,,-, , , -, <,"r"'"'."" ,q ,,'-~ ,,",' '-1,- ""-;'''1-'-' "',<","'\. '"',',,'''i,-j, .",,,~."-'-' ,"i-'"~_" -~ '- ".~, -,,,..,;.. ,"',' "" 1lil,' . EXHIBIT "A" ALL THAT CERTAIN piece or parcel ofland situate in Silver Spring Township. Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21. 1991, consisting of one page, a copy of which is recorded October 16,1991 in Cumberland County Plan Book 63, Page 75 and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.41 feet to a point; thence continuing along said dividing line between Lot Nos. I and 2 crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line oflands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Faust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Nail, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Diner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley. South 55 degrees 06 minutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a . point; thence continuing by same and through an iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center line of Mulberry Drive (T-586) the point and place of BEGINNING. ,/ . .. ~ : , . '~ . .,'", -,' ,-j-~;-'L . ,-;,' -. ," ,'; [,~ :J -,:, ^ - ;' ,~<d' - .~;~'~" - i~tr , -n"_ ,,~. '^ ,,"~ " ,_ _ , . LESS AND EXCEPTING THEREFROM Lots Nos. 4, 5,10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132. Cumberland County Records. Consisting of 47.706 acres BEING THE SAME PREMISES which Shahnawaz Mathias tla Eastern Development and Design and Debra A. Maihias, by deed dated June 2,1998 and recorded June 5,1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias I/a Eastern Development and Design and Debra A. Mathias, his wife ~, &" , .in~-~i:,~:"c,'<--" ""-;,,, ' '""'" :>k:......~.-; ~,'~--~ ~"""""l:li~r -- _: " ~~ ~~ ~ ...., ~ -c .. '" -<:; -C. '," ~ ... ~ ~ tt~ fi f, ~ ~ ~~' t ~ t (') ~ ~;s f:~~ .2~ i'"-=- (j) "" ~> ~ ~E; ~ . I . , . :) l'3 = = -""' '- :L~'" Z o .1 "[l..,., n1p -orn :oD 0(1...._ -l~1 :t::n O...iJ zO Orll -l ::t-"'" :0 -< en ;n. :Ji; '!? C- O"; ~ '."--'- ~ -. ~ ~ ,L ~_. ,~L~ L ",- ,t " Manufacturers and Traders Trust Company VS Shah Mathias alk/a Shahnawaz M. Mathias, t/a Eastern Development and Design and Debra A. Mathias In The Court of Common Pleas of Cwnberland County, Pennsylvania Writ No. 2000-7686 Civil Term ~vr~;~-;_w","" R. Thomas Kline, Sheriff, who being dilly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Mark Yoder. Sheriffs Costs: Docketing Surcharge Posting Handbills Law Library Prothonotary Share of Bills Mileage Levy Advertising Certified Mail Poundage Postpone Sale Law Journal Patriot News 30.00 30.00 15.00 .50 1.00 25.09 5.58 15.00 15.00 1.39 27.12 40.00 646.70 487.05 $1382.93 paid by attorney 10-11-01 Sworn and subscribed to before me ?2:.~A~~~ R. Thomas Kline, Sheriff This I':;~ day of rYe..';:!... , 200l,A.ri)1' a 7M,,;'.,,~ Prothonotary By-9~~ Real Estate Deputy ~ I ~ 1) , ('fl....- 3'f.J.9J- ~. /11 c,sy WitiIiIIII .,. .. I~,,'I ~~ I , , . ,"'. I tllt;WiI!!i!i!II~'~td\': " ,I , BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire ' Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. : CIVIL ACTION - LAW SHAH MATHIAS a/kJa SHAHNAWAZ M. MATHIAS, t1a Eastern Development and Design and DEBRAA. MATHIAS, Defendants CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 Manufacturers and Traders Trust Company, Plaintiff in the above action, sets forth as of March 13, 2001 the following information concerning the parcel of real estate located as follows: (a) a tract of land located in the Township of Silver Spring, County of 1 Cumberland and Commonwealth of Pennsylvania, identified on the legal description I' attached. 1. I ' Name and address of owner or reputed owner: I Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development andlDesign and Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 ~,~-_. 'u ' " --I' -,--" -, 1 ",' l-'~ ,. " , I 2. Name and address of defendants in the judgment: Shah Mathias a/k/a Shahnawaz M. Mathias t1a Eastern Development and Design and Debra A. Mathias 322 Cape Horn Road, P.O. Bpx 163 Red Lion, PA 17356 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA 601 Dresher Road Horsham, PA 19044 4. record: Name and address of the last recorded holder of every mortgage of Manufacturers and Traders Trust Company, successor by merger to Keystone Bank, NA 601 Dresher Road Horsham, PA 19044 5. property: Name and address of every other person who has any record lien on the 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: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff knowledge who has any interest in the property which may be affected by the sale: I has Domestic Relations Section Cumberland County 13 N. Hanover Street Carlisle, PA 17013 ~-~ . . L I I I" W'~, '" Haubert Homes, Inc. c/o James A. Ulsh, Esquire Mette, Evans, & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0905 Silver Spring Township 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 Silver Spring Township Authority 6475 Carlisle Pike Mechanicsburg, PA 17055-2391 I I I verify that the statements made in this affidavit are true; and correct to the best of my personal knowledge or information a~d belief. I ~nderstand that false statements herein are made subject to the penaltie~ of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BINGAMAN, HESS, COBLENTZ & BELL, P,C. By: u,-' ~ Mark G. Yoder, Esquire Attorneys for Manufacturers and Traders Trust Company Date: j;Yl fYlA I 7 ,2001 _illo...,..-""" " "-- ;.,,~ I c._-__., '<"" g:. ~ .. . 1 y I No. 00-7666 Civil Term Judgment: · $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21,1991, consisting of one page, a copy of which is recorded October 16, 1991 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference, as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1 and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 119 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement and a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or forme~ly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvall Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzman, William Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 mirtutes 55 seconds East 881.91 feet to a point; thence by lands now or formerly of sai~ Fale.y, .South 50 degrees 23 min~tes 05 seconds West 236.00 feet to a point; thence continUing by same and through an Iron pin 30 feet distance from the end of this course, South 41 degrees 01 minutes 55 seconds East 110.97 feet to a point on the center1line of Mulberry Drive (T-586) the point and place of BEGINNING. 1 Oil_-~~ ,I I"; , ~" ,', '!Mt , / BEING THE SAME PREMISES which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 178, Page 806, granted and conveyed unto Shah Mathias a/k/a Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife Consisting of 47.706 acres LESS AND EXCEPTING THEREF~OM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans' for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias a/kJa Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathii3s, his wife. '-'-~ '., , , I I t -- ,,,' ,~: . ,- i!1mj_~lk ~ ~ I BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: Mark G. Yoder, Esquire Identification No. 32493 Attorneys for Plaintiff Treeview Corporate Center, Suite 100 2 Meridian Boulevard Wyomissing, PA 19610 610) 374-8377 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, NO. 00-7686 Civil Term Plaintiff vs. CIVIL ACTION - LAW SHAH MATHIAS a/kla SHAHNAWAZ M. MATHIAS, Va Eastern Development and Design and DEBRA A. MATHIAS, Defendants : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Debra A. Mathias 322 Cape Horn Road, P.O. Box 163 Red Lion, PA 17356 Your tract of real estate located in the Township of Silver Spring, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on Wednesday, June 6, 2001 at 10:00 a.m. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the court judgment obtained by Manufacturers and Traders Trust Company against you in the amount of $882,009.13. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1. The sale will be canceled if you pay to Manufacturers and Traders Trust Company the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Mark G. Yoder, Esquire at (610) 374-8377. 2. You rnay 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. ~"'"'" ,I, " i~ '-I' ''- 1,'_ :...<', 'rl-ittf.;; ~ 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 three 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 bid price by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You rnay be able to petition tre Court to set aside the sale if the bid price was grossly inadequate cornpared to the value of your property. 3. The sale will be completed I only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, yoU! may call the Sheriff of Cumberland County at (717) 240-6390. I I 4. If the amount due from the buyer is not paid to the. Sheriff, you will rernain the owner of the property as if the sale nevbr happened. I 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 the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff on July 6, 2001. 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 Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. r.~~ ' ,. "_I' " ~-~ ~~iji" ~ , Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. By: LA~ tzL- f\fark G. Yoder, Esquire . Attorneys for Manufacturers and Traders Trust Company '~ rJ ,:' i' 1-- e j No. 00-7686 Civil Term Judgment: $882,009.13 MARK G. YODER, ESQUIRE BINGAMAN, HESS, COBLENTZ & BELL, P.C. ALL THAT CERTAIN piece or parcel of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc., Inc., Engineers & Surveyors dated March 21, 1991, consisting of one page, a copy of which is recorded October 16, 1 Q91 in Cumberland County Plan Book 63, Page 75, and incorporated herein by reference. as follows, to wit: BEGINNING at a point on the center line of Mulberry Drive (T-586, a 60 feet wide public right-of-way) at line of lands now or formerly of James M. Faley: thence along said centerline, South 49 degrees 50 minutes 00 seconds West 420.98 feet to a point on the dividing line between Lot Nos. 1. and 3 of said Subdivision Plan; thence along said dividing line, North 40 degrees 10 minutes 00 seconds West 314.62 feet to a point; thence continuing along same and along the dividing line between Lot Nos. 1 and 2 of said Subdivision Plan, South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said divid1ing line between Lot Nos. 1 and 2, crossing a 30 feet wide sanitary sewer easement ahd a 50 feet wide stream easement, South 10 degrees 39 minutes 30 seconds East 551.12 feet to a point on the centerline of said Mulberry Drive; thence continuing along I said centerline, South 49 degrees 50 minutes 00 seconds West 1063.48 feet to a nail at line of lands now or formerly of John C. Yorlets, Jr.; thence by lands now or formerly of said Yorlets the following three courses and distances: (1) North 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalon nail; (2) North 15 degrees 31 minutes 40 seconds East, crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer easement, 936.04 feet to an iron pin; and (3) North 25 degrees 43 minutes 50 seconds West 525.28 feet to an iron pin; thence by lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 minutes 29 seconds East 937.13 feet to an iron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an iron pin; thence sequentially by separate lands respectively now or formerly of Della Foust, Ronald Heim, Alvin Page, John Kramer and James Weaver, South 85 degrees 52 minutes 33 seconds East 274.53 feet to an iron pin; thence continuing by lands now or formerly of said Weaver and sequentially by separate lands respectively now or formerly of George Noll, Lester Livingstone, Sylvan Cornman, Ernest Brewbaker, William Ulner, Bradley Ross, Herb Prutzrnan, William, Dennis, David R. Cremeans & Lisa M., and James M. Faley, South 55 degrees 06 IT)inutes 55 seconds East 881.91 feet to a point; thence by lands now or forrnerly of said Faley, South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by san;Je and through an iron pin 30 feet distance from the end of this coyrse, South 41 degrees 01 minutes 55 s~conds East 110.97 feet to a point on the center line of Mulberry D~ive (T-586) the pomt and place of BEGINNING. I I " ,",j Ie, ,1.'_" , . "'"';"'-i ~ ! . BEING THE SAME PREMIS~S which Shahnawaz Mathias Va Eastern Development and Design and Debra A. Mathias, by deed dated June 2, 1998 and recorded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 17?, Page 806, granted and conveyed unto Shah Mathias alkla Shahnawaz M. Mathias Va Eastern Development and Design and Debra c' A. Mathias, his wife I I Consisting of 47.706 acres I LESS AND EXCEPTING THEREfROM Lots Nos. 4, 5, 10, 11, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook Meadow Cluster Development, recorded on April 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias alkla Shahnawaz M. Mathias Va Eastern Development and Design and Debra A. Mathias, his wife. ~'~'" ~ , L ,J'_l~, I' c.. ~" ~ o. . WRIT OF, EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. gQ 7~~~ CIVIL 19 CIVIL ACTION - LAW TOtf"\iR,,SHERIFF OF CUMBERLAND ....,.."... '<';';'~'fo satisfy the debt, interest and costs due ',,"'- ."'; COUNTY: MANUFACI'URERS AND TRADERS TRUST COMPANY PLAINTIFF(S) from ' SHAII MATHIAS alkla SHAHNAWAZ M. MATHIAS. t/a Eastem DevelOOlll!llIlt and Desiqn and DEBRA A. MATHIAS322 Cape Horn Road, P.D.Box 163, Red Lion, PA 17356 DEFENDANT(S) (1) You are directed to levy upon fhe property of the defendant(s) and to sell SEE A'ITACHED LEGAL DKC;CRIPTION (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of ,,' , . :':"J,"" :;~;~" GARNISHEE(S) as follows: . and to notny the garnishee(s) that:: ('iiI ,an attachment has been issued; (b) the. garnistJee(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 ofthedefendant(s) not levied upon an subjecllo allachment is found in the possession of anyone other than a named garnishee. you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Interest $5;>,275.84 Ally's Comm Atfy Paid $126 00 Plaintiff Paid (fran 10/21/00 to 6/6/01) Due Prothy $.50 $LOO Amount Due $882.009.1 3 L.L. % Other Costs Date: March 14, 2001 curtis R. Long Prothonotary. Civil Division ~1J~P P 7pJ?/X"J0 r- Deputy -.by: REQUESTING PARTY: Name Mark G. Yoder, Esquire Address: Treeview Corporate Center, Ste. 100 2 Meridian Blvd., Wyomissing, PA 19610 Allorneyfor: Plilintiff Telephone: (610) 374-8377 Supreme Court ID No. 32493 ,d'~{/~;r:;:c:";,(.:;:r-;J :.L'-y~u J'~"-",,, ~M"~m'Wt~- "-'_J:1jjWi~'-,,1:~~4i:I:-~~,,-~r.J,E,@b"-:"ftr''''''''''.bo I. ,~ "'"""'Uil,,=~~--, -"~--~, ,."" t -lllnD ["'II -----" 0_-; ';-..' " ,~, J _', " , REAL ES1Al[ SALE'No;'3~ . ~ ~ Ge Giiil 00 fY/(}..N<.-h ('5, .200 I toe snentT levied upon the detenoCl" . interest in the real property ~itll;lted in ~..J~ T ~ Cumberland County, Pa" kl1l"" . numbered as: and more III ;:,cribed on exhibit "A" flied with this writ and by this reference incorporated herein. Oats: 11~ /5,;).001 By: -ic..:!J ~ D€p~ ~ ~",,,,?llI ~\~'<j!,;:.:.," ',\ -, i' ,- -',' .,~ ~ bl. \\\ 5\\ ' \%,\i:, ,~"tI~ "1.'1 "'\"~":lO "ut\) ~;' \, :!.Ii! 3''"'' J,l ....." :11\"- ,,:l\'&"'''''~ <m,-t\'i.;p;-;j?U'K;m-ii.J~,,,__~~L~~, L ~_,:LJ~,\,_ ~:~jLLJT~" 7,_','..,.. 0"" _ _~., ,c., ~"'" c,,_,_, "- ,", c, _,,'C 'C" ,k,". .. ~ RI!lAL I!lSTA'l'E ~ NO. ~"~- Writ No. 2000-7686 CivU Manufacturers and Traders Trust Company vs. Shah Mathlas alkl a Shahnawaz M. Mathlas, tj a Eastern Development and Design and Debra A. Math1as Atty.: Mark G. Yoder ALL TIlAT CERTAIN piece or par- cel of land situate in Silver SPring Township, Cumberland County Pennsylvania, bounded and de~ sCIihed in accordance With a cer- tain Minor Final Subdivision Plan for Harvey Deitz Estate as prepared by Hartman & Assoc.. Inc., Engineers & Surveyors dated March 21, 199!, consisting of one page, a COpy of which Is recorded October 16. 1991 in Cumberland County Plan Book 63. Page 75, and incorporated herein by reference. as follows to Wit: . BEGINNING at a point on the center!lne of Mulberry Dtive (1'-586, a 60 feet wide public tight-of-way) at line of lands now or fonnerly of James M. Faley: thence along said centerline, South 49 degrees- 50 "t-, minutes 00 seconds West 420.98 J!'!!lJo, a p~int on, ~e dividing line between 'Lofl"iS~ 1., ,ffilll' 3' df SB1<l. Subdivision Plan; thence along said dividing line. North 40 degrees 10 minutes 00 seconds West 314.62 feet to a paint; thence ContinUing along Same and along the dividing I1ne between Lot Nos. I and 2 of said Subdivision Plan. South 77 degrees 19 minutes 30 seconds West 357.47 feet to a point; thence continuing along said dividing !lne between Lot Nos. 1 and 2. crOSSing a 30 feet wide Sanitary sewer ease- ment and a 50 feet wide stream ease- ment. South 10 degrees 39 m1nutes 30 seconds East 551.12 feet to a point on the centerline of said Mul- berry Drive; thence continumg along said centerl1ne, South 49 degrees 50 m1nutes 00 seconds West 1063- .48 feet to a nail at line of lands now or formerly of JOM C. Yorlets. Jr.; thence by lands now q~,formerly of said Yorlets the foIio~ three. courses and distances::(l) N'orth 24 degrees 13 minutes 40 seconds West, 574.89 feet to a Parker Kalan nail; (2) North 15 degrees 31 mtn- utes 40 seconds East. crossing a 50 feet wide stream easement and a 30 feet wide sanitary sewer ease- ment, 936.04 feet to an iron ptn; l, , " j ~ :; L - ' -L,_11Ji and (3) North 25 degrees 43 min- utes 50 seconds West 525.28 feet to an tron pin; thence b~ lands and lots now or formerly of Shady Acres, Sec. C, North 79 degrees 24 min- utes 29 seconds East 937.13 feet to an tron pin; thence by Lot 31 of said Shady Acres, Sec. C, North 22 degrees 29 minutes 14 seconds West 27.22 feet to an. iron pin; thence sequentially b~ separate lands respectively now (j)r formerly of Della Foust, Ronald f/e!m, Alvin Page, John Kramer ahd James Weaver. South 85 degrees 52 min- utes 33 seconds East 274.53 feet to an iron pin; thence con4nuing by lands now or formerly' of said Weaver and sequentially Iby sepa- rate lands respectively no~ or for- merly of George Noll, Lester Livings- I tone, Sylvan Cornman~ Ernest Brewbaker, William Vlnerl Bradley Ross, Herb Prutzman, WilUam Den- ms. David R. Cremeans &I Lisa M" and James M. Faley. Sou~ 55 de- grees 06 minutes 55 secords East 881.91 feet to a point; thence by lands now or formerly of said Faley. South 50 degrees 23 minutes 05 seconds West 236.00 feet to a point; thence continuing by same and through an tron pin 30 feet dis- tance from the end of this course. South 41 degrees Oi minutes 55 seconds East 1l0.97 feet to a point on the center line of Mulbeny Drive (1'-586) the point and place of BE- GINNING. BEING THE SAME PREMISES which Shahnawaz Mathias tl a East- ern Development and DeSign and Debra A. Mathias, by deed dated June 2. 1998 and record.ed June 5. 1998 in the Office of thel Recorder of Deeds in and for CUIjl1berland County. Pennsylvania. in Deed Book 178, Page 806. granted and con- veyed unto Shah Mathias. a/k/a Shahnawaz M. Mathlas. tl a East- em Development and Design and Debra A. Mathias. his wife. Consisting of 47.706 acres. LESS AND EXCEPTING TIlERE- FROM Lots Nos. 4, 5. 10. ll, 12 and 73 as indicated on the Final Subdivision Plans for the Ginger Fields and Brook MeadQ'*, Cluster Development. recorded on April 13. 2000 at Plan Book 80, Page 132, Cumberland County Records. TO BE SOLD as the property of Shah Mathias. a/k/ a Shahnawaz M. Mathias. tjaEastem a""eJgpment and Des1gn and Debra A. Mathias. his wife. ., ,__,,_J ",' :.-d-"ill: , . 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 : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: APRIL 27, MAY 4,11, 2001 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R:re, Editor ~ SWORN TO AND SUBSCRlBED before me this 11 day of MAY. 2001 r ! i . . -' :" '1f/!AL.~ATESALENo.33 c... .~~,Wr~ No, 2000;76$ ~;.c".J~lj(rlreim. . ~'i..::-; .'~',-'o' ManUfactu~rs anti Traders ;::--':c' .' Trust~pany ~ ~,' ~-.~- ,..:sh~h M~lis Wa ' ~. c SI1~fuJ~az M. Mafhias, tla .,: " Ea.$'teri'C'Developmentand ~~ ~""'_~ - :',~ D~ign ,Debra A.Mattlias '=' .... . .."Al1J:MarkG.,Vod." . . "...~.. .: J!~CRII'T1QN ,-- .- A~{~t~~' ;iec~,'~r -parc~~~~ ~nuiU~ in5ilver _?I!nns Township, Cumberland ~,:Q;l:un.~ t\'t_P.enns)'lyanta/):iounge~ and ~~~ribe4 in - _ Mance With a certam Mmot Fmal "'==- ubGfvfsLon Plan for Hanoey Deitz Estate as ~ptepared by Hartman & Assoc., rnc., Engineers & ~n'eyor_s-dated M.aIC,h ~1, 1991, consisting of one 5"Wfge;--a' copy of whIch is recorded OctOber 16, ~9J-.-in_Cumberl.:iri~ fO\inlj; Plan Book 63, PJ~ _ ,_ ndJric~rf9~":h~i~rn by 'reference" as ;:; Ollo'rlt'S,tawlt:' .--;., ~ , J~NING at' h~(jint or(the-center line of Ulb.e-w~Drh'~ .~8b.-a ~'feet Wfde public 1i.~of.way) at line of landS nof\' or-fOrmerly of alpes M. Fa!~; lheric~+ ~long' said centerrine, ~tb MLdegrees SO mmuteS-on seconds west ~.1\l9.S1eet lo a point on. tHe dividing line bet\veen f~{ 'Nos. 1 and 3 of saidSubdivision Plan; thence ~-2:Ilg_.s~id di\.iding line North 4(1 degrees 10 - Pl,l.Q:il1es 00 se.:onds wesl 314.62 feet to a point; ~el1(e':confinuing --along same and along the ~b.id~ng )ine between Lot Nos. 1 and ~ ,of said I' ~onf.lan/South 7!_ degn.';s 19.mmuti's30 '~_. ",t ,~)est 357.!7 f~e+t ..to ~ pom~ thence . '.. ~rum&-al0n. g.,S~19~ 41~1dmg}me. ~tw~~. Lot _ _ ~, ; an~, ;,~p.~m~!?J Te.et .....'9(' samtdo/ , \ _ ~easement and a ;,0 feet WIde 'stream ~'en-t;O Smith ur degreeS 39 minutes 30 - <'SeConds East 55i.T2 feet to a _point on the ~fwfrlinL of, _~oli.}i Mulbe~ Drive; thence ~u.I!~ng-:-'_~:ron_g ,sar~ -~~~1e'rli~e'J_ 'South 49 j:;degree$ 50 ,m.mutes 00 monos West 1063.48 feet ~-~ nan at line Of.lii.1dS nO\\-' or'formerly of John ~~~"'Jf.;tJi~.nce b)': la)lds now or formerly of ~(Lt@e,ts _tbe 1911Qwlri[, three courses and ~tances_: (1) }forth 240egrees 13 minutes 40 _, corl1i_wi'5t,._~7.89 reet 10 a Parker Kalan naiJi ;;.....(2UJ~Q~~s3l~D1.!~1!!~~"!l.~~~_, cru:.,;mg.f5OT~~cream easement ant1 ,f30~> , feet wide sanitarv sewer easemen~ 936.04 feet to ., an iron pinand (~) North 2S degrees 43 minutes , 50 seconds ,,'es! 525.28 feet to an iron pin; thenc~ by lands and lots ,now Of formerly of Shady ':. Acres~_Se.c._c.._N.Qrtjl 79 degrees_24 minutes 29 - 'S&Qnds East 937.13 feet to an iron pIn; tt'-ence bv Lot 31 of said Shady Acres, Sec. "C, North 22 de~ees 29 minutes 14 seconds West 2iJ:2 feet to an lrO!'l pin; thence sequentially by separate lands respectively now or formerly of Della Fous~ Ronald Heim, Arvin Page, John Kramer and . ~~s ~~~ver, South .85 aegrei'~ 52 m.inutes 33 seco~s_ East 214.53 feet to an Lron' pm; thence continumg by lands now or lormedv of said Weav~r and sequentiaUy by separ~te lands respediwh' now or formed,. of George NaIL Lester U\''ingslone. Svlvan. Comman, Ernest Brewbaker, l--VHliam Ufner, Bradley Ross, Herb Prutzman, William Dennis, Da\id R. Cremeans & ~',Lisa_M.,James M. Faley, South 55 'degrees 06 " minutes 55 seconds East 881.91 feet to .a pilint; -,thence by lands now or formerly of said Falev, =:Soutli 50 degrees 23 minutes tJ5 seconds West 236,00 feet to a point; thence continuing~' same and through an iron pin 311 feet distance from the end of this course, South 41 degrees- 01 minutes 55 seconds East 110,97 feet to a point of the center line of Mulberry Drive (T-586) the point and prace of BEGINNING. ' BEI1\G THE SAME PREMISES which Shahllawaz Mathias Oa Eastern Development and Design 'and Debra A. Mathias, Ir\' deea dated June z.. 1998 and ri'cQrded June 5, 1998 in the Office of the Recorder of Deeds in and for Cumberland Count}~ Pennsylvania, in Deed Book 178, Page 806, granted and conveye.d unto Sha.h Mathias at x/a Shahawal M. Mathias t/a Eastern Development and Design and Debra A. Mathias, his \life. Consisting of 47,7% acrcs. LESS AND EXCEPTING THEREfROM Lo~ Nos, 4, 5, 10, 11, 12 and 73 as indicated on the Final 5llbdi\ision Plans for the Ginger Fields and Brook. Meadow Cltl~er De~'€lol'men~ recorded on Apnl 13, 2000 at Plan Book 80, Page 132, Cumberland County Records. )tYBE SOLD as the propem' of Shah Mathias a! = -kLiI ,-shahnawa+ M, Mathias tla Eastern Development and besign and Debra A. Mathias~ his wife. .!=--'-~'-'--","",~~--'- ~.. "~; ,. " ,,- ,.,~ '--c' _" :'~ " '\ ,~ 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 James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th day(s} of April and the 1 st and 8th day(s} of May 2001. 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 o. f directors of the said c~.anY and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in ~. cellaneous Book "M", ':~:~;;~:~; ;;;;;,~;;;;;;;;;.;;;q';;,~,;;;.;;;~;,;;;; S ALE #33 Notarial saa' Teny L. Russell, Notary Pu Harrisburg, Dauphin County MyCommisalOll Expire. June 6. 2002 N TARY PUBLIC Member, Pennsylvania Association 01 NO~eommission expires June 6, 2002 . 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 $ 485.55 1.50 487.05 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By....................................................................