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HomeMy WebLinkAbout99-00740._._ ? :. I Ali f, fl ".:?.5!f'41 W 6 4 l Y^ r J 1 kl x x?f i i i v r F ? Z i t y w r I j r FEDERMAN AND PHELAN By: FRANK FEDERMAN identification No. 12248 TWO Penn Center Plaza - Suite goo Philadelphia, PA 19102 (215) 563-7000 BANK UNITED Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION i A 17055 NO 3800 BUFFALO SPEEDWAY SUITE 400 HOUSTON, TX 77098 VS. BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG P • 99-740 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES e copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA(T'ED.? n DATE: S no 154" Ig9R TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRIAN G. SHADE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $89,070.11 Interest - 1/1/99-6/10/99 2.695.14 TOTAL $91,765.25 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rul 237 PRO FROTHY c}r r) u., c. C\j I- i7 ? J, OL ci j r I l .A n S f ?Y I t ? f 1' o+A ) i? ? t tfti uIM1?_? L1 tll 1?1 ? Y *T ?? S 4 f y4 ? ?I ? ' d I?rth (1 H 1 f ' r , ? A M1 ' l Y??j4 A n in ) I a 'gnat ?" ' I ? ? 1 f r i?F $+ i ill ? tix S I ?, ? ' I f, raid I i., I ?m ? 1 FEDERMAN AND PHELAN Frank Federman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 BANK UNITED Plaintiff Vs. BRIAN G. SHADE Defendant(s) TO: BRIAN G. SHADE 125 CAMBRIDGE DRIVE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 99-740-CIVIL F/lf MECHANICSBURG, PA 17055 C®py DATE OF NOTICE: MARCH 9, 1999 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in'writing with the court your defenses or objections to the claims set forth against you. Unless' you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 y? ? ??O?JL^/L1nd?ti? lJ ? 5 1- n,' n (25 w - ?G Cl 1. ! ? ? : ? !_ l t 4 S 1 N !? '?y ( r Y fX .. ssLa luh?l.a Y ? 1 , ' } ?1 III+?T? yrc e ) Yt IY ? r f Yr `v if b v i t J. K ? Y?? x d a o . 0 W ? h I I I w O 44 W? D W {4 W ® a>4 ~ E z k? . E ' W O 14 a ow ,a °i V % D4 Ec . .a. P4 MW ° sew w a? cn oED 03 P4 E4 iC W ^ R F W P7 Pi W W zz v a W Pr r: DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7. BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of'Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel# 13-23-0559-022. TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. K ? J.? ' 1 of ?. 1? '??/ ???5?lC ?i^ M ?f: ? 1` Y i;;t+ ? ? 1 `. izM1 kN M 1 ?Tni IH/ 1 1' ) .;II i?l? S2 ? 1 t 1 F ? 1 ?? *ir< r i z?ri?tYy, i i (I. ?? ?' ? tit,lMi qi ,l t - " ??t"tr ti 1 ,1??1.?{}??1 ! i \4 i tt w?+?t s,?l,, f r , a c i? ,r'?i ??? 1 '.11'i rf? I??+?nr???? al ._u.drr..xid? aY ?. e ro i r'•a, r ? :Ctf?{C ,'n . r ,1 n, .?? ?' 1 ` i ? ?+ t, .?< ?;?1ri+?"?"'i?'???'s;°" . ? '5 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK UNITED ) NO. 99-740 CIVIL Plaintiff VS. BRIAN G. SHADE ) Defendants Notice is given that a Judgment in the above-captioned matter has been entered against you on ??l1nA_ 1!5Ah 1499 BY: _?1? ' 03p' l id DEPUT . If you have any questions concerning this matter, please contact: FIC FEDE N ES UIRE Attorney.for Party Filing Two Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215) 563-7000 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 7 lij C\1 r 7 LI ;? lL L!J a iY FEDERMAN and PHELAN By: FRANK FEDERMAN identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 BANK UNITED VS. BRIAN G. SHADE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-740 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he. is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BRIAN G. SHADE is over 18 years of age and resides at 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff to rr> LOD ri'SL Ui CL 'Or' rn =i ? v ?I BANK UNITED VS. BRIAN G. SHADE CUMBERLAND COUNTY COURT OF COMMON PLEAS . CIVIL DIVISION . NO. 99-740 CIVIL 1. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK UNITED , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) BAI" G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. SUSQUEHANNA OIL P.O. BOX 700 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained,, please so indicate) DILLSBURG. PA 17019 4 Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) , i` 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) WINDSOR PARR. INC. AND HIND ASSOCIATES 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if"address cannot be reasonably ascertained, please so indicate) TENANTfOCCUPANT, 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorig?1tC\?iles/. June 11, 1999 vV v DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff I: q! t ?yi t CIQ i i WO C?. 1 C' ? r t.n ., r jJ u? LL ? tnLIJ u ? i? c DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7. BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of-Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559-022. TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. Cl) 7 y O U, - LU cn A - ? , D. i-• u .m 7 c» U IL ? M FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 COURT OF COMMON PLEAS CIVIL DIVISION BANK UNITED 3800 BUFFALO SPEEDWAY SUITE 400 HOUSTON, TX 77098 TERM Plaintiff V. NO. 9 ?-74/6 v CUMBERLAND COUNTY% BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. You.have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice. are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you, fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO"OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 J0 1. Plaintiff is BANK UNITED 3800 BUFFALO SPEEDWAY SUITE 400 HOUSTON, TX 77098 2. The name(s) and last known address(es) of the Defendant(s) are BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 3/31/94 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to GMAC MORTGAGE CORPORATION OF PA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1205, Page 97. By Assignment of Mortgage recorded 4/5/94 the mortgage was assigned to THE PRUDENTIAL HOME MORTGAGE COMPANY, INC. which Assignment is recorded in Assignment of Mortgage Book No. 470, Page 165. By Assignment of Mortgage recorded 9/23/96 the mortgage was " assigned to NORWEST MORTGAGE, INC. which Assignment is recorded in Assignment of Mortgage Book No. 530, Page 798. By Assignment of Mortgage recorded 9/3/98 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 587, Page 620. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/98 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage: Principal Balance $81,701.66 Interest 2,561.22 8/1/98 through 1/1/99 (Per Diem $16.74) Attorney's Fees 4,085.00 Cumulative Late Charges 120.56 3/31/94 to 1/1/99 Cost of Suit and Title Search 550.00 Subtotal 89,018.44 Escrow Credit 0.00 Deficit 51.67 Subtotal 51.67 TOTAL $89,070.11 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirt g Y (30) days of receipt of this pleading, counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $89,070.11, together with interest from 1/1/99 at the rate of $16.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland Count P y, ennsylvania, as shown on the survey recorded November 17, 1960 Plan Bo k , o 12, Page 3, by D. P. Raffensperger, R. S. described as follows: Lot 7, Block "D" BEGINNING at a point where the division line between Lots 6 and 7 intersects with the northerly side of Cambridge Drive; thence North 44 de ree 38 m g s inutes 00 seconds West along the northerly side of Cambridge Drive to a di , stance of 75 feet .a point; thence 'North 45 degrees 22 minutes 00 along th d e seconds East ivision line between Lo feet to a is 7 and 8, a distance of 110 point; then ce South 44 degrees 38 minutes along the division line between Lots 7 s a and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 s along th d e econds West ivision line between Lots 6 and 7, a distance of 110 feet to a point th , e place of BEGINNING. HAVING THEREON ERECTED a- dwelling known and numbered as 125 Cambridge Drive. UNDER AND SUBJECT, nevertheless, to the covenants, conditions and restrictions contained i t n he Declaration of Windsor Park, Inc. and Kind Associates, recorded in th e Recorder's Office of Cumberland County. ALSO, the utilities e easem nts of a setback line of 5 feet in the rear of the property line, as r ' Office. ecorded in said Recorder's SUBJECT, NEVERTHELESS t , o a certain easement of Keystone Pipe Line Company, as recorded in Mi sc. Book 67, page 192. UNDER AND SUBJECT to restrictions as filed with said Plan. BEING the same premises which Wilson K. Gardner and Vickie L. Gardner by deed dat d e August 11, 1981 and recorded in the Office"of the Recorder of Deeds in and f C m e or u b rland County, Pennsylvania, in Deed Book N-29, Page 375, granted and conveyed unto Mildred L. Seifert, Grantor herein. E 4 r: r J A' Y ? 1'' 0-1 mg a ?a .- t_ LL E3 1 _- C. _- (U)f-LLLO I. CASE NO: 1999-00740 P COMMONWEALTH OF PENNSYLVANIA: II COUNTY OF CUMBERLAND BANK UNITED i VS. SHADE BRIAN G J CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to 'law, says, the within NOTICE AND COMPLAINT IN was served upon SHADE BRIAN G the defendant, at 20:01 HOURS, on the 16th day of February 1999 at 125 CAMBRIDGE DRIVE MECHANICSBURG PA 17055 CUMBERLAND County, Pennsylvania, by handing to BRIAN SHADE a true and attested copy of the NOTICE AND COMPLAINT IN ++ together with MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. -1 Sheriff's Costs: So answers: f Docketing 1800 Service 8 00 jo gg Affidavit , 2 Surcharge 8.00 omas ine, erif EDERMAN & PHEL 02/17/1999 by I epu y heKrill 1 L I Sworn and subscribed./ to before me this -17 5'' day of O 19 : 9ei A. D. n. ?? o0 0 ro ono ?r ?. 1 is i> 1 , FEDERMAN AND PHELAN BY: FRANK FEDERMAN ATTORNEY I.D. NO. 12248 SUITE 900 TWO PENN CENTER PLAZA ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19102 (215) 563-7000 Court of Common Pleas Civil Division BANK UNITED CUMBERLAND COUNTY Vs. BRIAN G. SHADE NO. 99-740 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P R C P 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant (s) BRAIN G. SHADE at 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055 which notice of Sheriff's sale was received by Defendant(s) BRIAN G. SHADE on " .7TTNR 9d 1000 SENDER: r . ChucKtxat at right it you reaulm Reelrfeted Delivery. I also wish to receive the . Print your noun and address on the revera, of thla lam so that wo can return Ihfs card following services (for an extra feel to you. a Attach We farm to the front of Ihs sr itpiocic, or on the bock if space down not permit. Restricted Delivery . The Return Receipt wltt show to whom tiro artWo was dellwmd real it* data doliw od. Consult postmaster for fee. 3 .An e, rusaad b ?„ . .. .. -.- 4a. Article Number ; 1 6. 111M r P 973 215 113 , _,sS f:?tlnRtllltili tJQtIVS -_"-- 4b. Service Type ZSCUMICTDUOG, PA 17055 ?O?dv . . f , 7. Date of ry / ? v 5! Received By: (Print Name) 8. Addresse ?y0 eSp s 6. Signature: (A ee or Agent) X ^ PS FORM 811, December 1994 I ! i . i + : Domestic;Return Recelpt I t I t , f!ys - I s ?I r 7 Ll J i . v t S i , ` ? ? S $yr(i n y? i t t?t drv'?1}?e #?®1N4He .?i?.a rj?tna2 nt?ta4µp w".t j2 av hf C b ? ?{i?}? l AxLiF{ ??t ?I x .r .4y? ?'r ? . r t? 1?tN?tlB,.ly1=?tLV? t«' St`. ? rr V t ? t, l-+u acY .fit old tF^yfLXi ?+?Zp ,. ? ? 'n r (n+n , .,a'nL n k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK UNITED Plaintiff Vs. CIVIL DIVISION No. 99-740 CIVIL BRIAN G. SHADE Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA CUMBERLAND COUNTY SS: I, FRANK FEDERMAN, ESQ, attorney for BANK UNITED, hereby verify that on JUNE 14. 1999, true and correct copies of the Notice of Sheriff/s Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of 'Sale j was sent to defendant(s) on JUNE 14, 1999 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto: FRANK FEDE N, ESQUIRE--? j?ttorney for Plaintiff Date: August 11, 1999 d yC ? d 11.. ?v ISQ?i'°"i pi _.:,; •- 9.7l NOf ?. Ise ~? a 2S oil $ 2 g - u ?? y? ?..y3 O ¢ S KF %A my 40 St=yo m W 9 a 3? o° Q 24 - y d Ila. O z d _> V? d€I N U C L .? G W R C 'J M [X d.Y nd 5'9 >¢ ; N dE ` "da cw Q d F = a ow y L Cd g=.,V S=N ta33 aL En y? S - '$ 8 $ E U ¢OO SU U _ a E g UU d ¢5 v R f .g F S h $ 7 d pui? 2 $ W LL . 2 o m u d' d Q - fi d.? ;a¢? d I d ? ? ?¢9=w a I I p y ? m ' H W o w ?w20u W O £? v7 d H o u F -1 U H m a O 0 2 d 0 O d a W d o w U d 0 V 7 H O v a j ° x m H a E a w O m O H H 6 w U W 7 W .t O >+ >4 Ce w Q1 H , , H TTQ ~F, ?y 5 a w~ •,4 +•? ^+ c: a Q 0 6 w 6 W U y O O U U In N y$ cr nH ` C O O A a 6 O r. ME o d E Z0 7? ^ UH ow W J r4 w 0. 4 q A d S w a a0. S F+W G w z 6 W O 04 pq H ~ O ., Z 0 tx W O y a a'm ro u 6 aro y ?U w > ww C UH ;? .v ? mC 4 zln U zo o P I wr'i ?9-9'?? N C aiw q H- : 3ti a UU OU F°.¢ . W G v ,?e a m c ? ¢ O •r W H W ?? rA . _E ® QZ a T o CyV s J dDy y Zn °a o w n v n co r co rn o a r? a In o :J r y ¦ s qa, ,, EL POSTAGE RETURN PESiflILTEOOEUVEPY RECEIPT LEPi61Ep FEE - RETUNlRECEIPT SERVCE TOTAL POSTAGE A140 FEES SENT TO N INSURANCE COVERAGE PROVIDED NOT FOR NTER : I NATIONAL MAIL OFF ANA SIOFI i3el" G. SriNUL 1..5 "%AUivice DRIVE :!ECWLNlCS5URG. PA 17055 rumwi JODU VO rUSltll our VIOB CPfS 0 6' 1OYY >N $ W W? 00 Q 0- Z gW< WET C0CO N U? 5W aF LLJ o U t.. o Cj U - ? u ry . CV Cl m C], , Bank United In the Court of Common Pleas of -vs- Cumberland County, Pennsylvania No. 99-740 Civil Brian G. Shade R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Certified Mail Levy Postpone sale Surcharge Law Journal Patriot News Share of Bills _ Sworn and Subscribed To Before Me This &'? Day'of 1999, A. D. l 30.00 12.64 15.00 15.00 .50 1.00 13.64 2.02 15.00 20.00 16.00 226.25 255.90 21.88 644.83 Pd by Atty 9-2-99 So answers•???r.4C R. Thomas Kline, Sheriff By Real Estate Deputy C12 ?? 7GY . z? , .-. pS'313 ? BANK UNITED CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Vs. BRIAN G. SHADE NO. 99-740 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No 1) BANK_ UNITED , Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 CAMBRIDGE DRIVE MECHANICSBURG PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and address of every judgment creditor whose judgment is a, record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please.so indicate) SUSQUEHANNA OIL P.O. BOX 700 DILLSBURG PA 17019 . 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) NONE ° 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) WINDSOR PARK, INC. AND KIND ASSOCIATES 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NAME LAST KNOWN ADDRESS (if address cannot be reasonably ascertained, please so indicate) TENANT OCCUPANT 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. June 11, 1999 v6u"` r" DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK UNITED VS. BRIAN G. SHADE r CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-740 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRIAN G. SHADE June 11, 1999 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Your house (real estate) at 125 CAMBRIDGE DRIVE MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 1. 1999 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of X91,765.25 obtained by BANK UNITED (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Ynn uav __ _- ---- •. it rn? stIERIFF?S BALE DOER TAKE PLACE.. rVU nE?VE OTHER r be sold toftheehighestfbrs Sale idder. lYouo mastfindaouto the property price will calling (215) 563-7000. may price bid by 2. You able sale if the bid mayrbece was to petition the Court to set aside the of your property. grossly inadequate compared to the value 3. •The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (215) 563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the.Sheriff on schedule will state who will be receiving that Money This will be paid out in accordance with this schedule unles exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU, SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATORNEY REFERRAL CUMBERLAND COUNTY BAR ASOCIATION 2 LIBERTY AVENUE Cumberland County Courthouse CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-740 CIVIL Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Bank United from Brian G. Shade DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and t `dto notify the garnishee(s) that: a an attachment has been issued; b garnishee(s) is/are enjoined from paying any O the idebf to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing '.thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other -than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L.L. $.50 Interest 6/10/99 to sale @ $15.08 $1,236.56 Due Prothv $1.00 Atty's Comm % Afty Paid $106.68 Plaintiff Paid Date: June 15. 1999 REQUESTING PARTY: Name Frank Federman, Esq. Address: 2 Penn Center Plaza, suite 900 Philadlephia, PA 19102 Attorney for: Plaintiff Telephone: _ 215-563-7000 Supreme Court ID No. 12248 1 r +) FU1- R' r C'? tn .,J dir. i 1 V T ,? o a a g a All tv) nY`T,f .d C v '^ o ° "? ?y z C w n ? O C ?y ? a ? C w _H x H77 k0 C H ? z ? z a 4 z?}„ L 41 1 _ . P c,fy T`?,,??r ? i? 1 ri arj1S r?C.?z • } v` } iii i I?<.3N1?o, k+ f. J.. r ?... ,. vnnr«<usr,vrvwy vusy M ? 1?'?.L'+l am r ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7. BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of'Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence 'South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559-022. .i TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. WRIT OF EXECUTION and/or ATTACNMF.N'r COMMONWEALTH OF PENNSYLVANIA) N099-740 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Bank United Plaintiff (s) From Brian G. Shade (l) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L.L. Interest from 6/16/99-9/8/04 (per diem - $15.08) $28,832.96 and costs Atty's Comm % Due Prothy $1.00 Any Paid $764.01 Other Costs i Plaintiff Paid Date: April 15, 2004 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: 2157563-7000 Supreme Court ID No. 12248 J r Lt)-- ? 7 i - u j 1 I iLl 1 1? J nt n? CD l BANK UNITED CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN G. SHADE CIVIL DIVISION Defendant(s). NO. 99-740-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSQUEHANNA OIL P.O. BOX 700 DILLSBURG, PA 17019 L 'v 4. Naive and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or infannation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. April 13, 2004 -?'1 s± 1f`I ?L}( L DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff now I 801- LAI (7) N I BANK UNITED CUMBERLAND COUNTY Plaintiff, V. No. 99-740-CIVIL BRIAN G. SHADE Defendant(s). April 13, 2004 TO: BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENPORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 125 CAMBRIDGE DRIVE MECHANICSBURG PA 17055 is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $91,765.25 obtained by BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with.Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2.. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,' if the j udgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. i .? t Lam. ??'? You may need an attorney to assert your rights. 'file sooner you contact one, the more chance you will have of stopping the sale. (Sec notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. - 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a decd to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D", BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of'Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559-022. TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. GY; O - w ??- - -_ (. 'I USBC PAM - LIVE - V2.3 - Docket Report Page 1 of 7 CREDS, 2002, CLAIMS, 341lield, PlnCnfrmd, MotDism U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:99-bk-03683-MDF Assigned to: Mary D France Chapter 13 Date riled: 08/26/1999 Voluntary Asset Brian G Shade 125 CAMBRIDGE DR MECHANICSBURG, PA 17055 SSN: xxx-xx-3134 Debtor Cynthia A Shade 125 CAMBRIDGE DR MECHANICSBURG, PA 17055 SSN:xxx-xx-9247 Joint Debtor Charles J. DeHart, III (Trustee) PO Box 410 Hummelstown, PA 17036 - 717 566-6097 Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717-221-4515, Asst. U.S. Trustee Filing Date # represented by Timothy M. Anstine Shagin & Anstine LLC 100 S. PINE STREET SUITE 260 PO BOX 1225 HARRISBURG, PA 17108 717 221-1111 represented by Timothy M. Anstine (See above for address) Docket Text 08/26/1999 1 VOLUNTARY PETITION under Chapter 13, Matrix, all Schedules & Statements, Plan and Summary, [CG], ORIGINAL NIBS DOCKET ENTRY #I (Entered: 08/26/1999) hltps://ccfpainb.uscourts.gov/cgi-bin/DktRI)t.pl?100032993627591-L_82 0-1 _ 4/13/2004 mmwranMaDnammn? ??.. USBC PAM - LIVE - V2.3 - Docket Report Page 2 of 7 09/13/1999 2 CERTIFICATE of Mailingol'Noticeol'341 Meeting. Objections to the plan are clue 15 clays after meeting held. , [CA], ORIGINAL NIBS DOCKET ENTRY #2 (Entered: 09/14/1999) 10/04/1999 3 ENTRY OF APPEARANCE of Leslie E. Puida, Esq., and Brenda L. Brogdon, Esq., of Federman and Phelan, on behalf of Batik United, [B W], ORIGINAL NIBS DOCKET ENTRY #3 (Entered: 10/04/1999) 10/15/1999 4 341 meeting held., [CA], ORIGINAL NIBS DOCKET ENTRY #4 (Entered: 10/15/1999) 11/02/1999 5 ORDER Confirming Plan, [JC], ORIGINAL NIBS DOCKET ENTRY 95 (Entered: 11/02/1999) 02/04/2000 6 OBJECTION to Claim #1 of BANK UNITED in the amount of $2533.73 by DEBTORS [Disposed], [SP], ORIGINAL NIBS DOCKET ENTRY #6 (Entered: 02/04/2000) 02/07/2000 7 ORDER fixing hearing date on 04/06/00 at 10:30 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #7 (Entered: 02/07/2000) 02/10/2000 8 CERTIFICATE of service Re: Item # 7, [JC], ORIGINAL NIBS DOCKET ENTRY #8 (Entered: 02/10/2000) 02/25/2000 9 ANSWER by BANK UNITED Re: Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #9 (Entered: 02/25/2000) 04/06/2000 10 PROCEEDING MEMO REGARDING MATTER READY FOR DECISION Phone conf. held - argument made; matter ready for decision. No steno present. Re: Item # 6, [CL], ORIGINAL NIBS DOCKET ENTRY #10 (Entered: 04/06/2000) 04/18/2000 11 ' CORRESPONDENCE SETTING PHONE CONFERENCE on 04/27/00 at 03:30 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Sheets, Harrisburg, PA 17101 Re; Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #11 (Entered: 04/18/2000) 04/28/2000 12 PROCEEDING MEMO: Phonc conf. held - Atty. Anstine to submit letter; another conf to be set by the Clerks Office. Re: Item # 6, [CL], ORIGINAL NIBS DOCKET ENTRY 912 (Entered: . 04/28/2000) USBC PAM - LIVE - V2.3 - Docket Report Page 3 of 7 05/16/2000 13 Amendment to Schedule[s]: F Re: Item It I [Entered: 05/16/00], [DS] FEE PAID Receipt 11558608,$20.00., [BMM], ORIGINAL NIBS DOCKET ENTRY 1113 (Entered: 05/18/2000) 05/16/2000 14 NOTICE TO DEBTOR[S] OF DEFECTIVE AMENDMENT requesting Fee and Certificate of Service, due by 06/05/00 Re: Item It 13 [Complied], [DS], ORIGINAL NIBS DOCKET ENTRY 914 (Entered: 05/16/2000) 05/18/2000 15 CERTIFICATE of Service Re: Item It 14, [BMM], ORIGINAL NIBS DOCKET ENTRY #15 (Entered: 05/18/2000) 06/07/2000 16 CORRESPONDENCE from Attorney Anstine requesting matter be rclisted for hearing as settlement has not taken place. Re: Item # 6, [JG], ORIGINAL NIBS DOCKET ENTRY #16 (Entered: 06/08/2000) 06/14/2000 17 CORRESPONDENCE SETTING HEARING on 08/09/00 at 01:15 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #17 (Entered: 06/14/2000) 08/09/2000 18 PROCEEDING MEMO: Phone conf. held - court set a hearing date on 10105100 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item If 6, [CL], ORIGINAL NIBS DOCKET ENTRY #18 (Entered: 08/09/2000) 08/10/2000 19 CORRESPONDENCE SETTING HEARING on 10105100 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 18, [SP], ORIGINAL NIBS DOCKET ENTRY #19 (Entered: 08/10/2000) 09/22/2000 20 Praecipe/Withdraw Re: Item # 6 [Entered: 09/22/00], [JC] APPROVED by the court. Re: Item # 6, [JC], ORIGINAL NIBS DOCKET ENTRY #20 (Entered: 09/26/2000) 10/23/2000 21 MOTION for relief from stay BANK UNITED, ITS ASSIGNS AND/OR SUCCESSORS IN INTEREST FEE PD. $75.00 #563071-BW [Entered: 10/23/001, [JC] CERTIFICATE OF NON-CONCURRENCE, [JC], ORIGINAL NIBS DOCKET ENTRY #21 (Entered: 10/23/2000) https://ccf.pamb.uscotirts.gov/cgi-bin/DktRpt.pl? ] 00032993627591-L_82_0-1 USBC PAM - LIVE - V2.3 - Docket Report Page 4 01`7 10/23/2000 22 ORDER that answers arc due on 11/13/00 Re: Item 1121, [,IC], ORIGINAL NIBS DOCKET ENTRY 1122 (Entered: 10/23/2000) 1 1/02/2000 23 CER'T'IFICATE ol'service Re: Item It 22, [JC], ORIGINAL NIBS DOCKET ENTRY #23 (Entered: 11/02/2000) ) 1 1/13/2000 24 ANSWER by DEBTOR'S Re: Item # 21, [DS], ORIGINAL NIBS DOCKET ENTRY #24 (Ent d ere : 11/14/2000) 11/27/2000 25 CORRESPONDENCE from counsel for BANK UNITED requesting a telephone conference to be scheduled. Re: Item # 21, [DR], ORIGINAL NIBS DOCKET ENTRY #25 (Entered: 11/27/2000) 12/01/2000 26 CORRESPONDENCE SETTING PHONE CONFERENCE on 01/03/01 at 03:45 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut St t r ree s, Har isburg, PA 17101 Re: Item # 21, PC], ORIGINAL NIBS DOCKET ENTRY #26 (Entered: 12/01/2000) 12/01/2000 27 Praecipe/Withdraw Re: Item # 21 [Entered: 12/01/00] [JC] , APPROVED by the court. Re: Item # 21, [JC], ORIGINAL NIBS DOCKET ENTRY #27 (Ente d 12/ re : 04/2000) 01/03/2001 28 PROCEEDING MEMO: phone conference not held - motion to be withdrawn Re: Item # 21, [CL], ORIGINAL NIBS DOCKET ENTRY #28 (Entered: 01/03/200 1) 04/16/2001 29 MOTION for relief from stay filed by WASHINGTON MUTUAL BANK, FA. [Pd., $75.00, Rec.#568649] [Disposed] [Entered: 04/16/011, [SP] CERTIFICATE OF NON-CONCURRENCE, [SP], ORIGINAL NIBS DOCKET ENTRY #29 (Ente d 0 re : 4/16/2001) 04/16/2001 30 ORDER that answers are due on 05/07/01 Re: Item # 29 [SP] , , ORIGINAL NIBS DOCKET ENTRY #30 (Entered: 04/16/2001) 04/23/2001 31 CERTIFICATE of service Re: Item # 30, [KZ], ORIGINAL NIBS DOCKET ENTRY #31 (Entered: 04/23/2001) t0/2001 32 ANSWER by DEBTORS Re: Item # 29, [SP], ORIGINAL NIBS DOCKET ENTRY #32 (Entered: 05/03/2001) 33 CORRESPONDENCE from Movant requesting matter be listed for a telephone conference. Re: Item # 29, [JG], ORIGINAL NIBS DOCKET ENTRY #33 (Entered: 05/10/2001) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?l 00032993627591-L-82-0-1 4/13/2004 11SBC PAM - LIVE - V23 - Docket Report Page 5 or 7 05/14/2001 34 CORRESPONDENCE SETTING PHONE CONFERENCE on 07/02/01 at 11:30 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item 1133, [SP], ORIGINAL NIBS DOCKET ENTRY #34 (Entered: 05/14/2001) 05/22/2001 35 TRANSFER [ASSIGNMENT] of claim #13 of BANK UNITED in the amount of $11,291.87 to WASHINGTON MUTUAL BANK, FA, [SP], ORIGINAL NIBS DOCKET ENTRY #35 (Entered: 05/24/2001) 06/01/2001 36 NOTICE to parties of transfer [assignment] of claim of BANK UNITED. Objections due June 21, 2001. Re: Item # 35, [SP], ORIGINAL NIBS DOCKET ENTRY #36 (Entered: 06/01/2001) 07/02/2001 37 PROCEEDING MEMO re hearing not held. Settled per telephone call from Attorney Romano. Stipulation to be filed. Re: Item # 29, [JG], ORIGINAL NIBS DOCKET ENTRY #37 (Entered: 07/02/2001) 07/10/2001 38 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on 08/09/01 at 02:00 P.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101, [SP], ORIGINAL NIBS DOCKET ENTRY #38 (Entered: 07/10/2001) 08/03/2001 39 STIPULATION by Parties. Re: Item # 38 [Entered: 08/03/01], [SP] APPROVED by the court., [SP], ORIGINAL NIBS DOCKET ENTRY #39 (Entered: 08/03/2001) 08/13/2001 40 STIPULATION by PARTIES Setting Terms and Conditions. Re: Item # 29, [CG], ORIGINAL NIBS DOCKET ENTRY #40 (Entered: 08/14/2001) 08/14/2001 41 ORDER approving stipulation Re: Item # 29, [CG], ORIGINAL NIBS DOCKET ENTRY #41 (Entered: 08/14/2001) 04/03/2003 42 CERTIFICATE OF DEFAULT Re: Item # 41, [DS], ORIGINAL NIBS DOCKET ENTRY #42 (Entered: 04/03/2003) 04/14/2003 43 ORDER granting relief from stay Re: Item # 29, [CRI, ORIGINAL NIBS DOCKET ENTRY #43 (Entered: 04/14/2003) USBC PAM - LIVE - V2.3 - Docket Report Page 6 of 7 04/17/2003 44 MOTION to reinstate Automatic Stay filed by Debtors Re: Item # 43, [SP], ORIGINAL NIBS DOCKET ENTRY 1144 (Entered: 04/18/2003) 04/21/2003 45 CORRESPONDENCE SETTING 14EAIZING WITH JUDGE MARY D FRANCE on 05/19/03 at 10:00 A.M. at Federal Building, Bankruptcy Courtroom [3rd Floor], Third & Walnut Streets, Harrisburg, PA 17101 Re: Item # 44, [CR], ORIGINAL NIBS DOCKET ENTRY 1145 (Entered: 04/21/2003) 05/19/2003 46 Proceeding Memo: Hearing held, and continued at the request of counsel. (RE: related document(s)[45], [44] ). Hearing scheduled for 6/30/2003 at 10:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Weigel, Erma) (Entered: 05/20/2003) 06/30/2003 47 Proceeding Memo: Hearing held (and continued) on Motion to reinstate automatic stay. Parties expect to enter into, and file, a. stipulation prior to the continued date. (RE: related document(s) [44], [46] ). Hearing continued to 7/28/2003 at 10:00 AM at 3rd & Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (Weigel, Enna) (Entered: 06/30/2003) 07/28/2003 48 Proceeding Memo: Hearing held on Motion of Debtor to reinstate automatic stay with respect to Washington Mutual. Settled - Stipulation within 30 days. Otherwise, proceeding to be dismissed without prejudice. (RE: related document(s)[44], [47] ). Stipulation due 8/27/2003. (EW) (Entered: 07/29/2003) 08/29/2003 49 Correspondence to Extend Time to file the Stipulation Filed by Federman and Phelan on behalf of Washington Mutual Bank, FA (RE: related document(s)[48] ). (CR) (Entered: 08/29/2003) . 09/12/2003 50 Motion to Dismiss Case for material default and hearing notice to parties . Filed by Charles J. Dehart III (RE: related document(s) [ 1 ] ). Hearing scheduled for 10/9/2003 at 02:00 PM at 3rd '& Walnut Streets, Bankruptcy Courtroom (3rd Floor), Federal Building, Harrisburg, PA. (CR) (Entered: 09/12/2003) -` 10/06/2003 51 Stipulation in satisfaction of the Trustee's Motion to Dismiss by debtor and Ch. 13 trustee Filed by Charles J. Dehart`IH.(requested' original signatures) (RE: related document(s)[50] ). (CA) (Entered; 10/06/2003) 10/06/2003 52 Order approving Stipulation (RE: related document(s)[51] ). (CA), , (Entered: 10/06/2003) F https:Hccfl)amb.tiscotiiis.gov/cgi-bin/DktRi)t.pl?100032993627591-L 82_0-1 US13C PAM - LIVE - V2.3 - Docket Rcliorl pl1 trig;', 77 Page 7 of 7 r, j4 >? 1 rr {x V66H {v. ?r 4 . V a i Y }. Yl ( ri b ? iis* yam.. a 4/13/2004" ? r ? S - i7 Ms L ? aj L, LL U- J_ 73 Ul' 1?yy?MJ•SH?4 ? TII? I ? h 1 k a?+.`' ? I ?1 y? - I C! i'fr t - ? ? r 1gg v } f rvf ? 'iYl.a., , AFFIDAVIT OF Sl':RVICI. PLAINTIFF BANK UNITED CUMBERLAND COUN'T'Y PJ'1' No. 99-740-CIVIL DEFENDANT(S) BRIAN G. SlIAUI; SERVE BRIAN G. SHADE, AT ACCT. #6162134198 34198 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 l,YPc of Action Notice of Sheriff's Sale Sale Date: SEPTEMBER 8, 2004 SERVED Served and made known to MA A U- 5 H Af, Defendant, on the b{k ,? _ clay of MAY 200`}, at (c ,o'clock /?.m.,at_L25 CAAWID(sE Ok In4FC14AW' 'K0')l' 7 Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is W L FE n(NTW) Adult in charge of Defendant(s)'s residence who refused to give name or relationship A Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: Age Height Weight ?Q _ Race w Sex Other I, C 4 Rt 5 J FAE RA5 a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sys Sale in the manW.Las the address indicated above. I d1L Ls a in the ca boned case on the date and at WotaAN Sworn to and subscjjj)ed before a this ? day of 200 Notary: L-Jt/1t2 ? Dy, PLEASE ATTEMPT SERVICE AT LEAIST 3 TIMES. If? _ Soy C8fW Ban. Qrn Cw "n ycmWkwan xpms Ttdy23 2one ar-A6naalianpNnaika :ATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of., 200, at Moved` Unknown _ No Answer 15t Attempt: / ! / Time: 3rd Attempt:/_Time: S WOin to and subscribed before me this _ day of 200_. Notary: By: Attorney for Plaintiff Frank Federman, F, squire - LD. No. 12248 o'clock -.Ill., Defendant NOT FOUND because: Vacant 2id Attempt: / / Time: ?I Er ly cr, - ?.?• ?: YYr 1t4. I{A`I hV11k dUlt11 1i GI! '° i.. W ? ? . > t t r?"Yv (aul { r. ? r, yx. t n u.? a ? .. 1 i i i t"'N "NO o., -{ d ca `ELI; c? 4 i . 4 t't Bank United In The Court of Common Pleas of VS Cumberland County, Pennsylvania Brian G. Shade Writ No. 1999-740 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 6:30 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Brian G. Shade, by making known unto Brian Shade, personally, at 125 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2004 at 6:30 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian G. Shade located at 125 Cambridge Drive, Mechancisburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant to wit: Brian G. Shade, regular mail to ' last known address of 125 Cambridge Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of July 16, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he returns the within writ as STAYED per instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 12.92 Advertising 15.00 Posting Bills 15.00 Law Library Prothonotary 1.00 Mileage 10.36 Levy 15.00 Surcharge 20.00 m Law Journal 246.80 Patriot News 242.14 Share of Bills 30.49 Postpone Sale 20.00 $658.71 IIANK UNITED Plaintiff, CUMBERLAND COUNTY V. COURT OF COMMON PLEAS BRIAN G. SHADE CIVIL DIVISION Defendant(s). NO. 99-740-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK UNITED, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 125 CAMBRIDGE DRIVE, MECHANICSBURG PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot h/k reasonably ascertained, please indict! e,r)s^1'"4-, , BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SUSQUEHANNA OIL P.O. BOX 700 DILLSBURG, PA 17019 ms - .. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every othcrperson who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania PO Box 2675 Department of Welfare Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unswom falsification to authorities. April 13, 2004 lV? Sf`I P? _(}LJ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff BANK UNITED CUMBERLAND COUNTY 1'lalutiff, V. No. 99-740-CIVIL BRIAN G. SHADE Defendant(s). April 13, 2004 TO: BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT {VAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY.** Your house (real estate) at, 125 CAMBRIDGE DRIVE, MECHANICSBURG PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER S, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,765.25 obtained by BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (2151563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE AQLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF ThIE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able, to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount clue in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheri ff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel 1f 13-23-0559-022. TITLE TO SAID 'REMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OP PENNSYLVANIA) ` NO 99-740 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Bank United Plaintiff (s) From Brian G. Shade (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L. L. Interest from 6/16/99-9/8104 (per diem •• $15.08) $28,832.96 and costs Ally's Comm % Due Prothy $1.00 Atty Paid $764.01 Other Costs Plaintiff Paid Date: April 15, 2004 (Seal) REQUESTING PARTY: Name Frank Federman, Esq. Address: One Penn Center, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephont:215-563-7000 Supreme Court ID No. 12248 CURTIS R. LONG Prothonotary By: "qz? Deputy 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 Joseph A. Dennison, being duly swom according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and subscribed before mMs 23rd day of AuXS1 2909A,D. SALE#16 Terry 1. ty of Ho Ay PUBLIC expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. publishing the notice or publication attached eto on the above stated dates 242.14 sher's Receipt for Advertising Cost Patriot-News and The Sunday Patriot-News, newspapers of general of the aforesaid notice and publication costs and certifies that the same have By ......................................: were- -_ _ .. ?. C C4. G G. Y a ", ?Z?9 YN GC .mil m9 O C u?$ ° N ?Y mDp x - U ? ? U C .n., ° u a N ?. V y N u ? C p} }i ?i?.O C? 0.N rJ q = ? u O Ll? ? ° 6 p °.9 pU T A ?`S•iLLG.` ugh tON mWG p N uM OZ?m db+a? ..os L°,?.vg.v?? °Y2 y, ?9?.g5.? y m oN ?, E [? t,?(?? Y`u0 m,7yMw?.-Z vrEuu .°0.°gZ u;$v 06 0 p um?9O ZC `Im >ti'c'i aUi9 `2?"z a vo uWE?zc o5 e?'°c `.c GS"x 'OZ }7, amN..m. @ q `d O Ci M sr`u?FGU sya3°u 9,59 a i nv9 oz pia a?,nu W mom R6 9yv m C?9 mOCCS9u Y oA F=?9Q tu CCL m u ., L` ra !JC ??ffc$'Evm ug° u? - u .C , O m L G m Y U u o m m Y a Z 9 q° 3 a ?oyr?am??'gE r N6 9c °c em Hg c.0euw°?Cy m° C4 r. ZFa S'K 4.2 vA`°a3c`?? 'fin Ps'Ea gb a. 9!Nmo h??3vi°o PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication' attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Vi2• ,Y 16, 23, 30, 2004 Afffant further deposes that he is authorized to verify this statement b Law Journal, a legal periodical of y the Cumberland general circulation, and that he is not interested i th b n e su ject matter of the aforesaid notice or advertisement, and that all allegations in the fore i go ng statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 16 Writ No. 1999-740 Civil Bank United Vs Li a Marie Coyne )Editor . Brian G. Shade , - Atty. F7ank'Federman SWORN TO AND SUBSCRIBED before me this DESCRIPTION ALL THAT 30 day of JULY 21 No. 4 -A, Windsor Park, Lower Allen Townshi , C p . umberland County, j Pennsylvania, as shown on the sur- vey recorded November 17, 1960. Plan Book 12 , page 3, by D.P. Raf- fensperger, R.S. described as fol- N SEA lows: LOIS E, 5NYDER, Notary Public LOT 7, BLOCK "D"; j BEGINNING at a oint wh Carlisle Boro, Cumbedand County p ere the division line between Lots 6 and 7 My Commission Expires March 5, 2005 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 de-. _ erees 22 minutes 00 seconds East m v?Lo? vn v.cmoinum'3 nm u,.; ?a S OMJM m (1. C m1p?? ?'? w O O O u _ H a m N C ONE ma e?ov n:m za°,.0 yvav, vvvac? O ° ?U'9yp.o smv?H ???=bp° u 0 o€z osaO`TA 3`3p?u°o `yv n j {? V d 10 _O Z U 'y .. ..1 O r N y N Z b a .w yi pNp ?pp m amto S?[K° ay°>?a °vv>°y°vo??SaAU ?F c; Mt; 4]¢F¢ OU ma C4 a 0z?trvp rmi"L1ee N wA s m'Z,Q F3 o,a oe~vo mZ Ca vo?vp4? aai may. oC C;.C ym NHOmyy?a..rp..y YpaJ?O WW o ov>mC r d,v?vu o G5 G C D ? .5 y A, m ? a O a u V) y by U b0 mN hq a'o Up co J `CO ° v?? m w a ? a z' m? U U Hp° z C U P. U) 0 N3'S?U Q u p17 N 0 a z CN \m nN?mv z va ¢ro.amd p? o z t0 M t a O L 7 0??.. ?U.xAF OZa_ i0Q . U) z n u o e° S U v] F m m 'O v u y N w ±Npcv F V} Q'ON m °ra' a'Soa a.N o aato j 1 t 1 t- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Green Tree Consumer Disc Co flea Conseco C D C flea Green Tree C D C is the grantee the same having been sold to said grantee on the 8th day of Dec A.D., 2004, under and by virtue of a writ Execution issued on the 12th day of August, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2000 Number 752, at the suit of Conseco C D C against Frederic C Jussen III & Eva Jo Jussen is duly recorded in Sheriffs Deed Book No. 267, Page 496. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D200t- C Recorder of Deeds' cumbeftnd PA PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK UNITED V. BRIAN G. SHADE Plaintiff, Defendant(s). No. 99-740-CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from to/00 4-o (per diem -$15.08) Add'1 Costs TOTAL V" y? red°e5l' -4 per ??rr'o8 $91,765.25 $49,598.12 and Costs $4,466.00 $145,829.37 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or 25598 'V n ? Y A ? O wa a? zz U? ao v ?A O? U? FA O 0 a c? w A-f A COD 0 U? O u H? to . ? oav U a w a 0 w Q` S 6- '69 Iz, C, `p ? r = r ie ar - n ?/ D ? D a U z O w A ? W ? A -? ? w 10 v" N U a N ? N E5 CZ) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: BRIAN GORDAN SHADE CYNTHIA ANN SHADE Bk. No. 1:04-bk-05363 MDF Debtors Chapter No. 13 COUNTRYWIDE HOME LOANS, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD Movant 11 U.S.C. §362 V. BRIAN GORDAN SHADE CYNTHIA ANN SHADE Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of COUNTRYWIDE HOME LOANS, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and COUNTRYWIDE HOME LOANS, INC., AS SERVICER FOR THE MORTGAGEE OF RECORD may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the C omit, Jgdf B2n4MP'-1-r- OW) Dated: August 22, 2007 This document is electronically signed and filed on the same date. DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of'Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7,.a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK UNITED Plaintiff, . V. BRIAN G. SHADE Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 99-740-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? p C7 ? -rti ?? _" ? --? --- ?_.; ' ?; - {? ; -_3L'Yt +?.~ ?? .??" C? BANK UNITED CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN G. SHADE CIVIL DIVISION Defendant(s). NO. 99-740-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK UNITED, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho ' s. January 8, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n f+J C p <Y ? -ri p 171 21 f~! tTi . -- -! " 71 t+ `S:S r 4. Plaintiff, Defendant(s). CUMBERLAND COUNTY No. 99-740-CIVIL January 8, 2008 RANK UNITED V. BRIAN G. SHADE ,T ). BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION W ,?::R ,WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN PTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE VD T TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * ' j t house (real estate) at, 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055, is to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Er;e. South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,765.25 y BANK UNITED (the mortgagee) against you. In the event the sale is continued, an ,,o i ..oA. , ,went will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS BE ABLE TO PREVENT THIS SHERIFF'S SALE 1'o prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of'Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-740 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK UNITED, Plaintiff (s) From BRIAN G. SHADE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L.L. Interest from 6/11/99 to 6/11/08 (per diem - $15.08) -- $49,598.12 Atty's Comm % Due Prothy $2.00 Arty Paid $1,446.72 Plaintiff Paid Date: 1/10/08 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Other Costs $4,466.00 Prothonotary By: Deputy Telephone: 215-896-7000 Supreme Court ID No. 62205 PLAINTIFF BANK UNITED AFFIDAVIT OF SERVICE CUMBERLAND COUNTY No. 99-740-CIVIL DEFENDANT(S) BRIAN G. SHADE SERVE BRIAN G. SHADE AT 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 ACCT. #25598 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to 15R11+t4 G- :5 46t* SERVED A Defendant, on the day of C 200 g, at j l'; 61ti , o'clock A.m., at Q NS 1: A*844D 6E N1 V E t imer_4ft Ics 5j RCS Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Cyr, ? Adult family member with whom Defendant(s) reside(s). Name and Relationship is 'fiW i FE Adult in charge of Defendant(s)'s residence who refused to give name or relationship. JManager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ? Height 41; 14" " Weight L? Race W Sex F Other 1, Po Nq't-b MD L L , a competent adult, being duly sworn according to law, depose and stye that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub cribed before me this day of OAARO- , 200'g. No By: PLEASE A TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC On the STATE &f&#Ew JERSEY MY COMMISSION EXPT 200_, at o'clock _.m., Defendant NOT FOUND because: I?' f0125/20?Y "- ' Moved Unknown No Answer Vacant 1St Attempt: ! ! Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200-. Notary: 2°d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ??'?' ? ^ `i { .. yw.l f i ?.j?.. BANK UNITED CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN G. SHADE CIVIL DIVISION Defendant(s). NO. 99-740-CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) RANK UNITED, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ;125 CAMBRIDGE DRIVE; MECHANICSBURG, PA 17055. 1. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township Steven P. Miner, Esquire for Lower Allen Township Susquehanna Oil 120 Limekiln Road New Cumberland, PA 17070 1935 Mumma Road Wormleysburg, PA 17043-1147 P.O. Box 700 Dillsburg, PA 17019 2. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Windsor Park, Inc. and 1300 Market Street Kind Associates Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 6, 20OR DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK UNITED CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION BRIAN G. SHADE Defendant(s) NO. 99-740-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 125 CAMBRIDGE DRIVE, M CHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: May 6, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahgence of a representative of the plaintiff at the Sheriff % Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 25598 w w a P4 a ' IL 0 .. SOW L 3000drz woaJ a3livw soot bZ Nbr o Los tWpoooo K ' m a U ? W ? •w py ? ? 0 8 ?i ? °a M ??yr wy 'W ?. E"? rl pp ri ^ y O ? CC C5 .? S N ? w ? a a :p m H A o0 O O as ? N. eT' o 'sf ow ° w ? z pp A W v? Ufa ?w Aa a° as E 0 z m N cn v vi ?c n oo a o ev C4 rn _, et .• ,n a w pa?? ag Gy £o L6 i 3aoadlZ wo8i amim A y 8ooz 90AM 0 Las Lz1ooo o 0030 $ VU z o a, ° o a 53UW)V63MLd r E i d b? Q P ,C °p V k^ b0 b fy t? V U iP' S>i G •Ej y .M V i y O Q? ? O tog > O q w° O y„ V1 N d0 O O ? °` {/yi?yj??y V ? ty E to 4 ? a G U U a a oo ? N p V a a rp a N b [? g 4 M b e o ? U -4 o V) 00 con ?..°„ d af"iaU>3MO?C=a?csoy H? 4 a 0 -- a d N Z Om N N x w Ts ai v, ?o r- oo M d ? ? N r' N zd0 a - C.=p ,. rT, c .- BANK UNITED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY v NO. 99-740 Civil Term BRIAN G. SHADE, Defendant MOTION TO POSTPONE SHERIFF'S PREPARATION OF DEED 1. Plaintiff filed the original complaint in this action in February 1999. 2. Plaintiff received a default judgment on June 15, 1999 (see A). 3. Judgment was for $91,765.25, including interest from January 1 to June 10, 1999 (see B). 4. Defendant and his wife filed a Petition for Ch. 13 Bankruptcy Protection later in 1999. 5. The Bankruptcy Petition stayed the execution of that judgment. 6. On March 7, 2005, after paying the arrears on the mortgage and staying current with payments, defendant and his wife received notice that the bankruptcy case was closed (see C). 7. In June 2007, current servicer of the loan, Countrywide Home Loans, sent defendant a notice of new mortgage loan payment showing the principal balance at that time as $67,738.41 (see D). 8. In January 2008, plaintiff filed a writ for a sale of defendant's property based on the 1999 judgment (see E). 9. In July 2008, after the June 11, 2008 sale was continued, defendant's property was sold. 10. The Sheriffs office will prepare a deed for the property in the name of the buyer at the Sheriff sale on August 5, 2008 11. The Sheriffs office will only refrain from preparation of the deed on order from the Court. 12. Counsel for the Plaintiff was contacted and neither concurs nor objects to this motion. WHEREFORE, for all the above reasons, evincing the multiple errors in the sale of Defendant's property, Brian G. Shade requests this Court to issue an Order postponing the Sheriffs preparation of a new deed for his property until such time as the sale can be upset or reformed. Respectfully 2rte' i ha Ko , Esquire Law Offices f Richard Koch 101 South Market Street Mechanicsburg, PA 17055 (Rule of Civil Procedure-No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PBNNSYLVANIA CIVIL ACTION - LAW DAM UNITBD ) NO. 99-740 CIVIL Plaintiff VS. BRIAN O. SHADE ) Defendants Notice is given that a Judgment in.the above-captioned matter has been entered against you on ?Lni t5 : )44?t If you have any questions concerning this matter, please contact: Attorney.for Party Filing Two.Penn Center Plaza, Suite 900 Philadelphia, PA 19102 (215).563-7000 THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND'•ANY- INFORMATION OBTAINED FROM YOU•WILL BE USED FOR THAT PURPOSE., g FBDM KRN AND PNSLAN. - - _ 8p i • PAAl1IC FEDSRMAN Identification No. 12248 Tiro Penn Cantor 'Plana - suite 900 Philadelphia, n19102 Attorney for Plaintiff . (2M 563-7000 SAW VWTXD : CUMSERLAIiD coUM 3800 BOPFALO.SPNEDUAY s COURT of COMMON PLBAe SOITB 400 HousTON, TX 77098 CIVIL DIVISION ::..: BRIAN d. SNADB 125. DON DRIVE. NBCMWXCBBURG" PA 17055 s NO. 99-740 CIVIL -' PRABCIPE FOR = ' ANSWER AND AB G=MT FOR PAILMS TO ES T OF D?1Ml14E8 TO THE PROTHONOTARY: Kindly enter judgment in favor of the..Plaintiff and against =TAN SLijani, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises,- and assess- Plaintiff's damages as follows: As set forth in Complaint $89,070.11 - Interest - 1/1/99-6/10/99 2.695.14 TOTAL $910 765.25 I hereby oertify that (1) the addresses of the Plaintiff and. Defendant(s) are as shown above, -and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK ERMAN, ESQUIRE Attorney for. Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: - S, in o 15?" 1q9R - C R PRO PROTBY FNLDEC UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No. 1:99-bk-03683-MDF Chapter 13 In re: Debtor(s) (name(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and addres>): Brian G Shade 125 CAMBRIDGE DR Cynthia A Shade 125 CAMBRIDGE DR MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Social Security No.: xxx-xx-3134 xxx-xx-9247 Employer's Tax I.D. No.: FINAL DECREE The estate of the above named debtor(s) has been fully administered. IT IS ORDERED THAT: Charles J. DeHart, III (Trustee) is discharged as trustee of the above named debtor(s) and the chapter 13 case of the above named debtor(s) is closed. Dated: 3/7/05 BY THE COURT United States Bankruptcy Judge 052577 r -- statement date a ors ;;' r Accoant Number 154536779 whalloo7 K/ Property address HOME LOANS 125 Cambridge Dr. &",/, P? / r HOME LOAN PAYMENT CHANGE NOTICE for your Adjustable Rate Mortgage INTRODUCTION Brian G Shade, Change is never easy, especially when itmay affectthe payment on your home loan. With your interest rate scheduled to adjust on 07/01/2007, (according to the terms of your loan), you may want to consider speaking with a Home Loan Expert about your home financing options. In the meantime, please review the entire statement as it may help answer questions you have about your adjustment. SUMMARY Monthly payment breakdown Current New Upcoming dates Interest rate 5.815% 6.875% New payment effective date 08/01/2007 Principal and interest (P&1) $514.38 $551.07 Next adjustment 07/01/2008 Escrow payment amount 204.65 204.65 Total monthly home loan payment $719.03 $755.72 NOTICES Extra principal payments. Extra principal payments received after the date of this letter cannot be anticipated by Countrywide and must be posted to your account prior to the adjustment date to be considered for principal and /or interest recalculation. If you make an extra principal payment after the date of this letter you must notify the Special Loans Department at 1-800-669-6607 no later than two weeks prior to 07/01/2007 if you wantyour principal and/or interest payment recalculated. A recalculation fee of $250.00 must be paid at the time of your extra principal payment. If you make an extra principal payment but do not pay the $250.00 payment recalculation fee and/or do not notify us by the above date your principal and/or interest payment will be credited to your loan balance, but your monthly payment will not change until your next adjustment. Normal monthly payments will not affect your forecasted principal balance or new principal and interest payment. TERMS OF Term Terms on your loan Definition YOUR Loan index See note/rider of A published rate, such as the Treasury index, used to cdlculate your ADJUSTABLE your loan agreement new interest rate at the time of adjustment. RATE LOAN Margin 2.000% A percentage set at loan origination which is added to the current index value to determine the new interest rate. Adjustment cap 1.000% The percentage which your interest rate can increase or decrease from the current interest rate at any one adjustment. Ceiling 10.000% The maximum rate allowed for the life of the loan. Frequency of scheduled interest adjustment Annual Next scheduled interest adjustment July 1, 2008 I I a0f4 HOW WE CALCULATE YOUR NEW PAYMENT AMOUNT STEP 1 Determine new interest rate To clearly understand howyour rate is adjusted, you must be familiar with certain terms involved with the process. Please see the list of terms and definitions on the previous page in the Terms of Your Adjustable Rate Loan section. Current New Loan index 4.990% 4.950% (Published as of 05/29/2007) Margin 2.000% 2.000% Total 6.990% 6.950% Rounding 7.000% 7.000% Actual rate 5.875% 6.875% STEP 2 Determine anticipated principal balance If you make only your scheduled payments from now through July 1, 2007, the following shows what your anticipated principal balance will be when your loan rate changes. Projected payments prior to Feb.2007 are not shown. Payment due date Monthly P&I payment Amount paid to interest Amount paid to principal Anticipated balance Current balance as of 06/01/2007 $67,738.41 .o Fe b.2007 $514.38 $327.12 $187.26 66,628.44 ,.? Mar.2007 514.38 326.20 188.18 66,440.26 Apr.2007 514.38 325.28 189.10 66,251.16 May.2007 514.38 324.35 190.03 66,061.13 Jun.2007 514.38 323.42 190.96 65,870.17 Jul.2007 514.38 322.49 191.89 $65,678.28 = STEP 3 Determine total new payment We calculate the new monthly P&I amount us ing the figures below: New interest rate 6.875% Anticipated balance (from Step 2) $65,678.28 Remaining term as of 08/01/2007 201 months New P&I payment effective 08/01/2007 $551.07 .n. r Then, we add any additional amounts for payment of your taxes and insurance (escrow account) and other services. New payment breakdown effective 08/2007 .'.., New P&I amount $551.07 Escrow payment amount 204.65 New monthly home loan payment $755.72 CONTACT INFORMATION If you have any questions regarding this information, please contact a Customer Service Representative at 1-800-669-6607. Monday-Friday, 6AM-5PM Pacific Time. Se habla espanol. 1-800-295-0025. nn-.,. me-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 99-740 Civil/ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK UNITED, Plaintiff (s) From BRIAN G. SHADE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L.L. Interest from 6/11/99 to 6111/08 (per diem - $15.08) -- $49,598.12 Atty's Comm % Due Prothy $2.00 Atty Paid $1,446.72 Other Costs $4,466.00 Plaintiff Paid Date: 1/10/08 Prdthonotary z? (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 AWL CQPV FROM RECORD In Teditw Whovd, l here unto set llv hanc end tt ' L at Cartisk, Pa. aoo? N CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion to Postpone Sheriff's Preparation of Deed, upon the plaintiff, by depositing same in the United States Mail, first class mail, postage prepaid, on the 4th day of August 2008, from Mechanicsburg, Pennsylvania, addressed as follows: Phelan Hallinan & Schmieg, LLP Attn.: Daniel G. Schmieg, Esq. One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 RESPECTFULLY SUBMITTED, 101 South Market Street Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 ??? _ ... r-a e:7 s`_? _ i.? ..r:? '.I'7 ?? T ";? .".'j S?._. ?' _,.y __ ;t?. .,_ ._•_ W.. ? 7 , ?, . f.?', s `? - y BANK UNITED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 99-740 CIVIL BRIAN G. SHADE, Defendant : IN RE: MOTION TO POSTPONE SHERIFF'S PREPARATION OF DEED ORDER AND NOW, this & day of August, 2008, it appearing that no notice of the within motion has been given to the purchaser at Sheriff s Sale, the Motion to Postpone Sheriff's Preparation of Deed is DENIED. BY THE COURT, ?4- '? , Kevin . Hess, J. Xaniel G. Schmieg, Esquire For the Plaintiff chard Koch, Esquire ` For the Defendant V :rlm Y' ? G7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Max J Myers is the grantee the same having been sold to said grantee on the 9th day of July A.D., 2008, under and by virtue of a writ Execution issued on the 10th day of Jan, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 1999 Number 740, at the suit of Bank United against Brian G Shade is duly recorded as Instrument Number 200826903. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. C2700 1\ of Deeds %. CwnWrW d County, Cam, PA Evk.r,.FWMw4gdJW2010 Bank United VS Brian G. Shade In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 1999-740 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 21, 2008 at 1833 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brian G. Shade, by making known unto Cynthia Shade, adult in charge for Brian G. Shade, at 125 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1045 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brian G. Shade located at 125 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Brian G. Shade by regular mail to his last known address of 125 Cambridge Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on July 9, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $105,000.00 to Jeffrey R. Myers on behalf of Max J. Myers. It being the highest bid and best price received for the same, Max J. Myers of 5015 Ravenwood Road, Mechanicsburg, PA 17055, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $110,252.64. Sheriff s Costs: Docketing $30.00 Poundage 2,100.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.96 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 295.67 cv, Share of Bills 14.73 Distribution of Proceeds 25.00 (',v Sheriffs Deed 39.50 'I' $3,030.36 CPL 5? So Answers: R. Thomas Kline, Sheriff B Real Estat ergeant BANK UNITED CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS BRIAN G. SHADE CIVIL DIVISION Defendant(s). NO. 99-740-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK UNITED, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets the date the Praecipe for the Writ of Execution was filed the following information r rx7?r the real property located at ,125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055 ip is and address of Owner(s) or reputed Owner(s): w .> Last Known Address (if address cannot be reasonably ascertained, please indicate) <k 'x. *sHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 Name and address of Defendant(s) in the judgment: . ;ora_rve x d last known address of every judgment creditor whose judgment is a record lien on the real ,k. A_, be sold: Marne Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 4. Name and address of last recorded holder of every mortgage of record: Name r Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 POD Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to autho ' s. January 8, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff BANK UNITED CUMBERLAND COUNTY Plaintiff, V. No. 99-740-CIVIL BRIAN G. SHADE Defendant(s). January 8, 2008 TO: BRIAN G. SHADE 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $91,765.25 obtained by BANK UNITED (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to asserf your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 T"he sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To Cron out it this has happened, you may call (717) 240-6390. 1 If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the 3 if the sale never happened. You have the right to remain in the property until the full amount due is paid to the Sheriff rriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict 6 You maybe entitled to a share of the money which was paid for your house. A schedule of ;,t: of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This ill state who will be receiving that money. The money will be paid out in accordance with ,r ? :hedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the k' ithin ten (10) days after the distribution is filed. `. You may also have other rights and defenses, or ways of getting your home back, if you act "r;0 1(' Jiately after the sale. 01 SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE I AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED Bt t,OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. t.'? ";RTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold 1!'i the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be no.- poned or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7. BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side oPCambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7,..a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. WRIT OF EXECUTION and/or ATTACHMENT r f COMMONWEALTH OF PENNSYLVANIA) NO 99-740 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK UNITED, Plaintiff (s) From BRIAN G. SHADE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $91,765.25 L.L. Interest from 6/11/99 to 6/11/08 (per diem - $15.08) -- $49,598.12 Atty's Comm % Due Prothy $2.00 Atty Paid $1,446.72 Other Costs $4,466.00 Plaintiff Paid Date: 1/10/08 11, 4A Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale # 19 On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 125 Cambridge Drive, Mechanicsburg, more fully described on Exhibit "A" ems.' filed with this writ and by this reference t incorporated herein. Date: February 19, 2008 By: Real Estat ergeant OZ :01 d I I HVf 0001 dd'Alw?tit Date Filed: July 23, 2008 SCHEDULE OF DISTRIBUTION SALE NO. 19 1 Writ No. 1999-740 Civil Term Bank United VS Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 Sale Date: July 9, 2008 Buyer: Max J. Myers Bid Price: $105,000.00 Real Debt: $91,765.25 Interest: 49,598.12 Attorney Wri t Costs: 1,446.72 Misc. Costs: 4,466.00 Total DISTRIBUTION: $ 147,276.09 Receipts: Cash on account (02/19/2008): Cash on account (07/09/2008): Cash on account (07/18/2008): $ 1,500.00 10,500.00 99.752.64 Total Receipts: $111,752.64 Disbursements: Sheriffs Costs $3,030.36 Legal Search 300.00 Transfer Tax, Local 1,426.32 Transfer Tax, State 1,426.32 Bonnie Miller, Tax Collector 1,084.69 Lower Allen Township Authority 576.93 Lower Allen Township 1,708.85 Attorney Daniel Schmieg 1,500.00 Bank United 100,699.17 Total Disbursements: ($111,752.64) Balance for distribution: 0.00 So Answers: 0000-!a!!!? - ;P ?-WWO< -e.? R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 19 held July 9, 2008 EFFECTIVE DATE: July 9, 2008 PREMISES: 125 Cambridge Drive, Lower Allen Township, Cumberland County, Pennsylvania, Lot No. 7, Plan Book 12, Page 3, Block "D", Plan No. 4-A of Windsor Park, Tax Parcel No. 13-23-0559-022 (the "Premises") RECITAL: Being the same premises which Mildred L. Seifert, single woman, by her Deed dated March 31, 1994 and recorded April 5, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 103, Page 603, granted and conveyed unto Brian G. Shade. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. ?7. Any secured transactions with respect to the Premises. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2008. 20. Subject to any rights in the premises of any spouse of Brian G. Shade. 21. Mortgage in the amount of $86,500.00 from Brian G. Shade to GMAC Mortgage Corporation of Pennsylvania dated March 31, 1994 and recorded April 5, 1994 in Mortgage Book 1205, Page 97, last assigned in Misc. Book 587, Page 620 to Bank United . -2- 12, Judgment against Brian G. Shade in favor of.Bank United in the amount of $91,765.25 entered June 15, 1999 to No. 1999-740. 23. Judgment against Brian G. Shade in favor of Lower Allen Township in the amount of $235.10 entered February 3, 2003 to No. 2003-500. 24. Municipal lien entered against Brian G. Shade in the amount of $267.67 in favor of Lower Allen Township Authority entered April 17, 2003 to No. 2003-1774. 25. Judgment against Brian G. Shade in the amount of $261.28 in favor of Lower Allen Township entered December 4, 2003 to No. 2003-6310. 26. Judgment against Brian G. Shade in the amount of $229.63 in favor of Lower Allen Township entered August 31, 2006 to No. 2006-5112. 27. All building setback lines, easements, notes, conditions, restrictions and all other matters appearing in Plan Book 12, Page 3, Plan No. 4-A of Windsor Park. 28. Subject to the rights granted Keystone Pipe Line Company in Misc. Book 67, Page 192. 29. Subject to the rights granted PPL and Bell in Misc. Book 147, Page 191 and Misc. Book 147, Page 200. 30. Subject to rights granted PPL in Misc. Book 65, Page 493 and in Misc. Book 77, Page 22. 31. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Cambridge Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 19 Writ No. 1999-740 Civil Bank United VS. Brian G. Shade Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot in Plan No.4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the sur- vey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffen- sperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559- 022. TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, • j May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. cG? isa Marie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 "M 1l WATS W„= no. 19 Writ No. 1999-740 Civil Bank United VS. Brian G. Shade Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot in Plan No.4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the sur- vey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffen- sperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559- 022. TITLE TO SAID PREMISES IS VESTED IN Brian G. Shade by Deed from Mildred L. Seifert, single woman dated 3/31/94, recorded 4/5/94, in Deed Book 103, page 603. • The Patriot-News Co. 812 Market St. eatn*otjwXews Harrisburg, PA 17101 Now you know Inquiries - 717-255-8292 + CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the ket reet, in the City Commonwealth Pennsylvania, with its princioffice and pal owner pand publisher of The Patrriiiot-Newsrand Tthe Sunday Patr of-News Harrisburg, County of Dauphin, State of Penny the City, C that newspapers of general circulation, printed and published Weise est b8shed March 4thet1854eand Septembe? 18th a1949tarespectively,; and The Patriot-News and The Sunday Patriot-News 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 date(s) indicated below. That neither he nor said Company is notice or advertising, and that all of the allegations of this statement as to the time, interested in the subject matter of said printed and place and character of publication are true, a That he has personal .aforesby the pursuant to a resolution unanimously passed and adopted severally by the virtue and aforesaid behalf of The Patriot-News Co. aforesaid y stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04123108 { 04130/08 l 05107108 Sworn t?nubscribed before me this 27 day of May, 2008 A.D. Notary P b c COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrle L. Sheppard, Notary Public City of Harrisburg, Dauphin County My Commissan Expires May 29, 2010 Member, Pennsylvania Association of Notaries