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MOCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Banc One Consumer Discount
Company
8604 Allisonville Road
Indianapolis, IN 46250
V.
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055 Number -?Q
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to
defend against the claims set forth in the
following pages, you must take action within
twenty (20) days after this complaint and
notice are served, by entering a written
appearance personally or by attorney and
filing in writing with the court your
defenses or objections to the claims set
forth against you. You are warned that if
you fail to do so the came 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.
AVISO
Le han demandado a usted an Is Corte. Si
usted quiers defenderse de estas demandas
ex-puestas an las paginas siguientes, usted
tiene veinte (20) dias de plazo al partir de
la fechs de Is demands y la notificacion.
Hace Salta asentar*dna Comparencia escrita
o an persons o con un abogado y antregar a
Is Corte an forma escrita sus defenses o sus
objeciones a las demandas an contra de su
persona. Sea avisado qua si usted no se
defiends, la Corte tomars medidas y pueda
continuer Is demands an contra suya sin
previo avimo o notificacion. Ademas, Is
Corte puede decidir a favor del demandante
y requiere qua usted cumpla con todas las
provisioner de eats demands. Uated pueda
porder dlnero o sus propiedades u otros
derechos importantes pare usted.
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 HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICO, VAYA EN PERSONA 0 LLAME
POR TELEFONO A LA OFICBJA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABA70
PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Banc One Consumer Discount
Company
8604 Allisonville Road
Indianapolis, IN 46250
V.
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055 Number Q9• 6.7.Z4 T-
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Banc One Consumer Discount Company, a
corporation duly organized under the laws of and doing business at
the above captioned address.
2. The Defendant is David H. Shadle, who is the mortgagor
and real owner of the mortgaged property hereinafter described, and
his last-known address is 320 Cascade Road, Mechanicsburg, PA
17055.
3. On February 23, 1998, mortgagor made, executed and
delivered a mortgage upon the premises hereinafter described to
Plaintiff which mortgage is recorded in the Office of the Recorder
of Cumberland County in Mortgage Book 1433, Page 733.
5. The mortgage is in default because monthly payments of
principal and interest upon said mortgage due 2/1/99 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 $128,694.28
Interest 2/99 through 6/3/99 $ 4,918.97
(Plus $35.30 per diem thereafter)
Attorney's Fee $ 6,434.71
NSF Charges and Appraisal $ 125.00
Late Charges (2/99 through 10/99) $ 615.34
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search S 200.00
GRAND TOTAL
$141,338.30
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 based on work actually performed.
8. Notice of Intention to Foreclose as required by Act 6 of
1974 (41 P.S. 5403) and notice required by the Emergency Mortgage
Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the combined Notice of Delinquency has been
sent to Defendant by certified mail on the date set forth in the
true and correct copies of such notices attached hereto as Exhibit
11 B It
seq., commonly known as the Combined Notice of Delinquency has been
sent to Defendant by certified mail on the date set forth in the
true and correct copies of such notices attached hereto as Exhibit
nB n
WHEREFORE, Plaintiff demands Judgment against the Defendant in
the sum of $141,338.30, together with interest at the rate of
$35.30 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgage property.
TE RENCE J. MAtABEt ESQUIRE
Attorney for laintiff
The undersigned, Susan Hetland, hereby certifies that she is
the Foreclosure Specialist of the Plaintiff in the within action,
and that she is
authorized to make this verification and that the foregoing facts
are true and correct to the best of her knowledge, information and
belief and further states that false statements herein are made
subject to the penalties of 18 PA.C.S. 54904 relating to unsworn
falsification to authorities.
SUSAN HETLAND
1
>t
4x
?Z31 V
WHEN RECORDED MAIL TO:
BOFS Central Servicing Dept. E
8604 Allisonville Road
Indianapolis; IN 46250-
"!n- t!.?'10 COUNT` -PA
'98 FEH 27.. Ail 11 58
it ? ? •,. ? .
I• is .., '
(Space Above This Line For Recording Data;
MORTGAGE
THIS MORTGAGE ('Security Instrument') Is given on 02/23/1998 . The mortgagor Is
which is organized and
and whose address is
vrincloal sum of One _F
to
(U,S,S 128 842.11 This debt is evidenced by Tiorrower•s note aatea me same oate.as mss accurity
Instrument ('Note'), w c i prov csfor monthly payments, with the full debt, if not paid earlier, due and payable
on 03/0112028 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with
Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of t
Borrower's covenants and agreements under this Security Instrument and the Note. For this purrppose, Borrower does
hereby mortgage, grant and convey to Lender the following described property located In CITMBERLAPID
County, Pennsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF UPPER ALLEN IN THE
COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE.FULLY
DESCRIBED IN A DEED DATED 10/05/92 AND RECORDED 10/08/92, AMONG THE LAND
RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME X 35 AND
PAGE 825.
ADDRESS: 320 CASCADE RD.; MECHANICSBURG, PA TAX MAP OR PARCEL ID NO:
42-28-2421-071
which has the address of 320 CASCADE ROAD MECHANICSB run AA 17055
('Property Address');
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances,
and fixtures now or hereafter a part of the prgperry. All replacements and additions shall also be covered by this Security i
Instrument. All of the foregoing is referred to In this Security Instrument as the 'Property.'
BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
PENNSYLVANIA - FIRST MORTGAGE
FNMA/FHLMC MODIFIED FORM 3039, 9190 r Q B ?'jt" S?i?! (page l of 6)
BOFS FORM q PA3039 • 10197 - DAW erZ 1H !H
.. . • e?aK:1433e?cs ?33
02/23/1998 Page 2 of 6
Loan No 00003216810
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Tats and Insurance. Subject to applicable law or to a written waiver by Leader, Borrower shall pay
to Lender on.the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property Insurance premiums; (d) yearly
flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower
to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.
These item are called 'Escrow Items.' Leader may, at any time, collect and hold Funds in an amount not to exceed the
maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the
federal Real *Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq.
("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and
hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable
law.
The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality, or entity
(including Lender, If Lender Is such an institution) or In any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law
permlu Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an
Independent real estate tax reporting se.Wice used by Lender in connection with this loan, unless applicable law provides
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Borrower and Lender may agree In writing, however, that interest shall
be paid on. the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds, showing credits
and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged bs additional
security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency In no more than twelve monthly payments, at Lender's sole discretion.
Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Leader. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and Impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold' payments or ground rents, if any;
Borrower shall pay these obligations In the manner provided In paragraph 2, or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a maaner acceptable to Lender, (b) contests in
good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
Lender subordinating the lien to this Security Instrument. If Leader determines that any part of the Property is subject to a
lien which may attain priority over this Security Instrument, Leader may give Borrower a notice Identifying the lien.
Borrower shall satisfy the lien or take one or more of the actions set forth ave within 10 days of the giving of notice.
S. Hazard or Property Insurance. Borrower shall keep the improve ents now existing or hereafter erected on the
Property Insured against loss by fire, hazards Included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance This insurance shall be maintained in the amounts and
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,
Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender III
receipts of pa(d premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
aooK1433?Aa .734
02/23/1998 Page 3 of 6
Loan No 00003216810
Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be applied to restoration or repair'of
the Property damaged, if the restoration or repair Is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sutras secured by this Security Instrument, whether or not then due. The 30-day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property Is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property.
Borrower shall be in default If any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's
good faith judgement could result in forfeiture of the Property or otherwise materially impair the lien created by this
Security Instrument or Lender's security Interest. Borrower may cure such a default and reinstate, as provided in
paragraph 18, by causing the action of roceeding to be dismissed with a ruling that, In Lender's good faith determination,
precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this
Security Instrument or Lender's security interest. Borrower shall also be in default If Borrower, during the loan
application process, gave materially false or Inaccurate information or statements to Lender (or failed to provide the
Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on
a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, they
leasehold and the fee title shall not merge unless fender agrees to the merger in writing.
7. Protection of Lender's Rights In the Property. If Borrower falls to perform the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs., Although
Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall 'pay the
premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously In effect, from an alternate mortgage
Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay
to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when
the insurance coverage lapsed or ceased to be in effect Lender will accept, use and retain these payments as a loss reserve.
in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, If mortgage .
insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender
again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in
effect, or to provide a loss reserve, until tlprequijement for mortgage Insurance ends in accordance with any written
agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking Is equal to or greater than the amount of the
sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
oouli1433 AGE .735
02/23/1998
Loan No 00003216810
Page 4 of 6
following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair market
value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial
taking of the Property In which the fair market value of the Property immediately before the taking is less than the amount
of the sums secured jmmediately before the taking, unless Borrower and Lender otherwise agree in writing or unless
applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower; or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is
given, Lender is, authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Lender
shall not be required to commence proceedings against any successor In interest or refuse to extend time for payment or
otherwise modify amortization'of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this
Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several.. Any Borrower who co-signs this Security
Instrument but does not execute the Now (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note,without that
Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected In
connection with the loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the'reduction will be treated as
a partial prepayment without any prepayment charge under the Note. '
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing It by certified mail unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender sliall be'given by
certified mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for In this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
• 1S. Governing Law; Severability. This Security Instrument shall be governed by federal law and thin law of the
jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16, Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment In full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed withjn which Borrower must pay all sums secured
by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action
Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement
BouKi433PAGE. r736
02/23/1998
Loan No 00003216810
Page 4 of 6
following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market
value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial
taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount
of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless
applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower tails to respond to Lender within 30 days after the date the notice is
given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or
to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to In paragraphs I and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest
of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors In interest. Any forbearance by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be Joint and several.. Any Borrower who co-signs this Security
instrument but does not execute the Now. (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's Interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note,without that
Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected In
connection with the loan exceed the permitted limits, then (a) any such loan charge shalt be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the'reduction will be treated as
a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing It by certified mail unless applicable law requires use of another method. The notice shall be, directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be'given by
certified mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided
in this paragraph.
1S. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer or the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest
in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured
by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke
any remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action
Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement
8Our;1433fAGE 036
02,'23/1998 Page 5 of 6
Loan No 00003216810
by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the 'Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.
The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.
The notice will also contain any other information required by applicable law,
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,
or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maintenance of the Property .
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or
regulatory authority, that any removal or other remediation of an yy Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, Hazardous Substances' are those substances defined as toxic or hazardous substances by ;
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As
used in this paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows:
21. Accelerntlon; Remedies. Lender shall give notice to Borrower prior to acceleration followlrig Borrower's
breech of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
unless applicable law provides otherwise), Lender shall notify Borrower of, among other things: (a) the default; (b)
the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default ass
specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial
proceeding and sale of the Property. Lender shall further Inform Bprroreq.Pf the right to reinstate after
acceleration and the right to assert in the foreclosure proceeding the non-existence of *a default or any other defense
of Borrower to acceleration and foreclosure. If the default is nbt' cured asspecifled, Lender at Its option may
require Immediate payment in full of all sums secured by this Security Instruintent without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in
pursuing the remedies provided In this paragraph 21, including, but not limited to, attorneys' fees and cots of title
evidence to the extent permitted by applicable law.
22. Release. Upon payment of all sums secured by this Security instrument, this Security instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security
instrument without charge to Borrower. Borrower shall ppay any recordation costs.
23. Waivers. Borrower, to the extent permitted by applicable law, waives' and releases any errors or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for
stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to
commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
2S. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire
title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgement. Borrower agrees that the interest rate payable after a judgement is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Funds for Taxes and Insurance. Paragraph 2 of this Mortgage is hereby waived by the Lender, provided that
Borrower pays all Installments of real estate taxes and property hazard insurance premiums on or before the due date.
Borrower will provide Lender with adequate documentation that all real estate taxes and hazard insurance premiums have ;
been paid, within 10 days of receiving a request from Lender for such documentation. Lender reserves the right to rescind
this waiver and require Borrower to pay monthly escrows for real estate taxes or hazard insurance premiums if: (a)
Borrower is delinquent in the payment of real estate taxes and hazard insurance premiums; (b) Borrower falls to provide
proof that the real estate taxes or hazard insurance premiums have been paid or, (c) Borrower is delinquent in making the
required monthly principal and interest payments. If Lender rescinds this waiver, Borrower will pay the amount required
for real estate tax and hazard insurance escrows as part of the regular monthly payment. if Borrower fails or refuses to pay
the required escrow payment, then Borrower will be in default. This waiver is not binding on any successor or assignee of
Lender.
28. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instruments
i.:% 6 ,
aaoKia33 fact: ,737
02/23!+998
Loan No 00003216810
Page , of 6
(Check applicable box(es))
? Condominium Rider ? 1-4 Family Rider
? Planned Unit Development Rider ? Biweekly Payment Rider
? Rate Improvement Rider ? Second Home Rider
accepts and agrees to the terms and covenants contained in this Security Instrument and
er and recorded with It.
N14 .*
-land) uG
v ' ?ice for the rercrdi.%! n' Ds: -is
r ?) tieriand County,'
d ' ^I cl ?i(i"' .I
p? day o, A - .3
Borrovy
Prime Name:
Address:.320 RG, PA 17055
Printed Name:
Address:
Printed Name:
Address-
Printed Name:
Addres:
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTIf OF PENII__NS.YA--NIA SS
JJ•
COUNTY OF IJ.XY?? )I.K `i?rilA )
On this day before me, the undersigned NAtoIY Public pe?rsopll appeared
DAVID H SHADI.F , lJU 1 IAlIfYlLlr- I?ff rY1Q/) to me known to
be the individual(t) described in and w 'ho executed the Mortgage, and acknowledged before me that he/iks /"f signed the
Mortgage as histivr/A t* free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this ?Zday of g'P h , t2 2,,
By Residing at NOTARIAL SEAL
Notary Public in and for the State of ?Mj!'t$r>Zmission expires EtawewfM n T?P° Cumlwb ? Co.. PA
?F txp"
?tUL,n?','ry
end433 PAGE .738
? Adjustable R®te Rider
? Graduated Payment Rider
TERRENCE L MCCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SURE 2080 SUITE 600
FIST UNION BUILDING 216 HADDON AVENUE
123 SOUTH BROAD STREET WESTMONT, N108108
PHILADELPHIA, PENNSYLVANIA 19109 (609)158.7080
(215) 790.1010 FAX (609)156.7020
FAX (215) 790.1274
SURE 150)
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212)6974011
FAX (212) 9534916
June 15, 1999
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
LENDER: Banc One Consumer Discount Company
ACCOUNT NUMBER: 3216810
REAL ESTATE: 320 Cascade Road, Mechanicsburg, PA 17055
Dear David H. Shadle:
The MORTGAGE held by Banc One Consumer Discount Company (hereinafter we, us or
ours) on your property located at 320 Cascade Road, Mechanicsburg, PA 17055 IS IN SERIOUS
DEFAULT because you have not made the monthly payments of approximately $1,118.70 for the
months of February 1999 through June 1999, and/or because of this failure to remit.
Late charges, and other charges have also accrued to this date in the amount of $740.34. The
total amount now required to cure this default, or in other words get caught up in your payments, as
of the date of this letter is $5,214.79.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying
to us the above amount of $5,214.79 plus any additional monthly payments and late charge which
may fall due during this period. Such payment must be made either by cash, cashier's check,
certified check or money order and made to
EXHIBIT "B"
Banc One Consumer Discount Company
8604 Allisonville Road
Indianapolis, IN 46250
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right
to accelerate the mortgage payments. This means that whatever is owing on the original amount
borrowed will be considered due immediately, and you may lose the chance to pay off the original
mortgage in monthly installments. If full payment of the amount of default is not made within
THIRTY (30) DAYS, I have been instructed to start a lawsuit to foreclose your mortgaged property.
If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. Once this matter is referred to me for suit, but you cure the default before I begin
legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually
incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay
the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to
whatever you owe, which may also include reasonable costs. If you cure the default within the thirty
day period, you will not be required to pay attorney's fees.
We may also sue you personally for the unpaid principal balance and all other sums due
under the mortgage. If you have not cured the default within the thirty day period.and foreclosure
proceedings have begun, you still have the right to cure the default and prevent the sale at any time
up to one hour before the Sheriffs Foreclosure Sale. You may do so by paying the total amount of
the unpaid monthly payments plus any late or other charges then due, as well as the reasonable
attorney's fees and costs connected with the foreclosure sale (and perform any other requirements
under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be held
would be approximately five months.
A notice of the date of the Sheriff Sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment will be by calling the following number: 1-800-837-4914, Ext.
7994. This payment must be in cash, cashier's check, certified check or money order and made
payable to us at the address stated above.
You should realize that a Sheriffs Sale will end your ownership of the mortgaged property
and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit
could be started to evict you.
You have additional rights to help protect your interest in the property. You have the right
to sell the property to obtain money to pay off the mortgage debt, or to borrow money from another
lending institution to pay off this debt. (You may have the right to sell or transfer the property
subject to the mortgage to a buyer or transferee who will assume the mortgage debt, provided that
all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale,
and that the other requirements under the mortgage are satisfied). Contact us to determine under
what circumstances this right might exist. You have the right to have this default cured by any third
party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position as if no default had
occurred. However, you are not entitled to this right to cure your default more than three times in
any calendar year.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office in writing within thirty (30) days from receiving this notice, this office will:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office maybe
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
Very truly yours,
7D-W, c L I V'Grh e
TERRENCEL McCABE
TJM/sm
SENT VIA CERTIFIED MAIL
NUMBER Z 345 686 807
RETURN RECEIPT REQUESTED
TERRENCa1.McCABE
LAW OFFICES
McCABE, WEISBERG & CONWAY, P.C.
SUITE 2060
FIRST UNION BUILDING
121 SOUT11 BROAD STREET
PHILADELPHIA, PENNSYLVANIA 19109
(215) 790.1010
FAX (215) 790.1274
SUITE 600
216 HADDON AVENUE
WESTMONT, NJ 06106
(609)651.7060
FAX (609) 656.7020
SURE 1501
52 VANDERBILT AVENUE
NEW YORK, NY 10017
(212) 697-0011
FAX (212) 957-0966
June 15,1999
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
THE COMMONWEALTH OF PENNSYLVANIA'S
HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU.
READ THE FOLLOWING NOTICE TO FIND OUT
HOW THE PROGRAM WORKS.
If you need more information, call the Pennsylvania
Housing Finance Agency at 1-800-342-2397.
La notificacion on adjunto es de sums importancia, pues afecta su derecho a continuar
viviendo on su casa. Si no comprende el contcnido de esta notificacion obtenga una traduccion
immediatamente ]lamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al
numero mencionado arriba. Puedes ser elegible para un prestamo por el programa liamado
"Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida
del derecho a redimir su hipoteca.
IMPORTANT: NOTICE OF
HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE WHICH CAN
SAVE YOUR HOME FROM FORECLOSURE
TO: David H. Shadle
FROM: Terrence J. McCabe, Esquire
RE: Premises: 320 Cascade Road, Mechanicsburg, PA 17055
Account Number: 3216810
You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you
comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the
"Act"). You may be eligible for emergency temporary assistance if your default has been caused by
circumstances beyond your control, you have a reasonable prospect of resuming your mortgage
payments, and if you meet other eligibility requirements established by the Pennsylvania Housing
Finance Agency. Please read all of this Notice. It contains an explanation of your rights,
Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30)
days from the date of this Notice. During that time you must arrange and attend a "face-to-face"
meeting with a representative of this lender, or with a designated consumer credit counseling agency.
The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your
delinquency. This meeting must occur in the next (30) days,
If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency
identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30)
days after the date of this meeting.
The name, address and telephone number of the Banc One Consumer Discount Company
representative is as follows:
Susan Hetland
Banc One Consumer Discount Company
8604 Allisonville Road
Indianapolis, IN 46250
1-800-837-4914, Ext. 7994
The names and addresses of designated consumer credit counseling agencies are shown on the
attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this
lender immediately of your intentions.
Your mortgage is in default because you have failed to pay promptly installments of principal and
interest. as required, for a period of at least sixty (60) days. The total amount of the delinquency is
$5,214.79. That sum includes the following: principal and interest.
Your mortgage is also in default for the following reasons: N/A.
If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you
have the right to apply for financial assistance from the Homeowners' Emergency Mortgage
Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners'
Emergency Assistance Application with one of the designated consumer credit counseling agencies
listed on the attachment. An application for assistance may only be obtained from a consumer credit
counseling agency. The consumer credit counseling agency will assist you in filling out your
application and will submit your completed application to the Pennsylvania Housing Finance
Agency. Your application mutt be filed or postmarked within hia (30) days of your face-to-face
mectina,
It is extremely important that you file your application promptly. Ifyou do not do so, or ffyou
do not follow the other time periods set forth in this letter, foreclosure may proceed against your
home immediately.
Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the agency under the eligibility criteria established by the Act.
It is extremely important that your application i accurate and complete in eve respect The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your
application. During that additional time, no foreclosure proceeding will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by that Agency
of its decision on your application.
The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, Post Office
Box 8029, Harrisburg, Pennsylvania 17105; telephone number (717) 780-3800 or 1-800-342-2397
(toll free number). Persons with impaired hearing can call (717) 780-1869.
In addition you may receive another notice from this lender under Act 6 of 1974. That notice is
called a "Notice of Intention to Foreclose." You must read both notices, since they both explain
rights that you now have under Pennsylvania law. However, if you choose to exercise your rights
described in this notice you cannot be foreclosed upon while you are receiving that assistance.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you
dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid.
If you notify this office In writing within thirty (30) days from receiving this notice, this office will.:
obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment
or verification. You are also advised that any information which you supply to this office may be
used by us in the collection of the debt. If you request this office in writing within thirty (30) days
after receiving this, this office will provide you with the name and address of the original creditor.
1 PURPOS OF THIS CO11"` [UNICATION IS TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WML. R F USED FOR THIS PURPOSE.
Very truly yours,
TERRENCE J. McCABE
TWsm
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNERS1 EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
Consumer Credit Counseling Service of Western
Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, Pa 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, Pa 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, Pa 17101
(717) 234-5925
FAX # (717) 232-4985
YWCA of Carlisle
301 0 Street
Carlisle, Pa 17013
(717) 243-3818
FAX # (717) 243-3948
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06229 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANC ONE CONSUMER DISCOUNT CO
VS.
SHADLE DAVID H
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon SHADLE DAVID H the
defendant, at 18:36 HOURS, on the 13th day of October ,
1999 at 320 CASCADE ROAD
MECHANICSBURG PA 17055 CUMBERLAND
County, Pennsylvania, by handing to DAVID H. SHADLE I
a true and attested copy of the COMPLAINT - MORT FORE ,
together with NOTICE ,
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers-
Docketing 18.00
Affikdavit 7.00
Surcharge 8.00 snra9-A1IYrr
1C AB7 9WEISBERG & CONWAY
by &2? ?
Sworn and subscribed to before me
this a9=` day of
19 9ry A. D.
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 170#. r* !
i'_. ,
LAWRENCE E. WELKER November 3, 1999 i?
Prothonotary
To: David H. Shadle Y'C `ire
320 Cascade Road
Mechanicsburg, PA 17055
Banc One Consumer Discount
Company
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have failed to
enter a written appearance personally or by
attorney and file in writing with the Court
your defenses or objections to the claims set
forth against you. Unless you act within ten
(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:
NOTIFICACION
Uated as encuentra an estado de rebeldla par
no hater presentado una compa-ecencia escrita,
ya sea personalmente o par abogado y par no
haber radicado par eacrito can eate Tribunal
aus defensas u objeciones a Ica reclamos
formulados en contra auyo. Al no tomar Is
action debida dentro de diez 110) dias de la
fecha de esta notification, el Tribunal podra,
sin necesidad de comparecer usted an torte u
air preuba alguna, dictar aentencia an au
contra y usted podria perder bienes u otros
derechos importantes. Debe llevar esta
notification a un abogado lnmediatamente. Si
usted no tlene abogado, o si no tiene dinero
suficiente para tal servicio, vaya en persona
o llame par telefono a Is oficlna, nombrada
pare averiguar si puede conaegulr asistencia
legal.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C.
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
at this telephone number: (215) 790-1010
TJM/tr
' OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE
Pursuant to Rule 236, you are hereby notified that a
JUDGMENT has been entered in the above proceeding as indicated
below. /} 4,W /
Curtis R. Long
Prothonotary
_ x Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and
against Defendant in the above-captioned matter for failure to
answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $141,338.30
Interest from 6/4/99-11/19/99 S 5.930.40
TOTAL $147,268.70
e?2'o- L'-
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
AND NOW, this 3010 day of `?tJtA-- , 1999,
Judgment is entered in favor of Plaintiff, Banc One Consumer
Discount Company, and against Defendant, David H. Shadle, and
damages are assessed in the amount of $147,268.70, plus interest
and costs.
BY,THE PROTHON ARY:
• MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF PHILADELPHIA
The undersigned, being duly sworn according to law, deposes
and says that the Defendant is 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; and that the Defendant, David H.
Shadle, is over eighteen (18) years of age, and resides at 320
Cascade Road, Mechanicsburg, PA 17055.
SWORN TO AND SUBSCRIBED
BEFORE ME THIS
IM DAY
OF 'X4?wt/ , 1999.
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
Q - 4-4
NOTARY PUB VC
I/ V
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
Pirst Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company
V.
David H. Shadle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6229 Civil
Terrence J. McCabe, Esquire, attorney for Plaintiff, being
duly sworn according to law, deposes and says that he deposited
in the United States Mail a letter notifying the Defendant that
judgment would be entered against him within ten (10) days from
the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is
attached hereto and marked as Exhibit "A."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS /III DAY
OF 14f' ? 1999.
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
Li494 Q .9
NOTARY PU IC I/ Loe
The undersigned, TERRENCE J. MCCABE, ESQUIRE, hereby
certifies that he is the attorney for the Plaintiff in the within
action and that he is authorized to make this verification and
that the foregoing facts are true and correct to the best of his
knowledge, information and belief and further states that false
statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
?-- U L& ?-"
TERRENCE J. McCABE, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
LAWRENCE E. WELKER
Prothonotary
November 3, 1999
To: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Banc One Consumer Discount CUMBERLAND COUNTY
Company COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
You are in default because you have failed to
enter a written appearance personally or by
attorney and file in writing with the Court
your defenses or objections to the claims set
forth against you. Unless you act within ten
(30) 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:
NOTIFICACION
Usted as encuentra an estado de rebeldia por
no haber preaentado una comparecencia escrita,
ya sea personalmente o por abogado y por no
haber radicado por escrito con este Tribunal
sus defenses u objeclinns a los reclamos
formulados an contra suyo. Al no tomer Is
action debida dentro de dies (10) dias de In
fecha de eats notification, al Tribunal podra,
sin necesidad de comparecer usted an Corte u
oir preuba alguna, dictar sentencia on su
contra y usted podria perder bienes u otros
derechos importantes. Dabs llevar seta
notification a un abogado inmediatamente. Si
usted no tiene abogado, o si no tiene dinero
suficiente pare tal aervicio, vaya on persona
o llamo por telofono a Is oficina, nombrada
pare averiguar si puede consequir asiatencia
legal.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
If you have any questions concerning this notice, please call:
Terrence J. McCabe, Esquire
McCABE, WEISBERG AND CONWAY, P.C. 616
First Union Building
123 South Broad Street, Suite
Philadelphia, Pennsylvania
at this telephone number: ( 1010
TJM/tr
c
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Banc One Consumer Discount Company
-vs-
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 1999-6229 Civil
David Shadle
R. Thomas Kline, Sheriff, who being duly swom according to law, says this writ
is returned STAYED.
Sheriffs Costs:
Docketing 30.00
Poundage 13.03
Advertising 15.00
Posting Bills 15.00
Law Library .50
County 1.00
Mileage 13.64
Certified Mail 1.44
Levy 15.00
Postpone Sale 40.00
Surcharge 20.00
Share of Bills 24.80
Law Journal 265.40
Patriot News 234.53
S 689.34 Pd by Atty
09/07/00
M ? C/ •tiP
Sworn and subscribed to before me 1?e
R. Thomas Kline, Sheriff
This 13r= day of
2000, A.D. - BY
4&-t' joarr
P of onotary Real Estate Deputy
OD ??r?ol
McCABB, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in
the above action, set forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning
the real property located at 320 Cascade Road, Mechanicsburg, PA
17055, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
e
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Plaintiff herein.
Commercial Credit Corp.
Address
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. 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 Address
Occupant(s) 320 Cascade Road
Mechanicsburg, PA 17055
Domestic Relations Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the best of my personal knowledge or information
and belief.. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
uneworn falsification to authorities.
'3 C) a
DATE TERRENCE cCABE, ESQUIRE
Attorney r Plaintiff
_.4
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 26, PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 58.
PARCEL! 42-28-2421-071
j 10
EXHIBIT 'A
MaCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. MaCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Your house (real estate) at 320 Cascade Road, Mechanicsburg,
PA 17055 (more fully described as attached) is scheduled to be
sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $147,268.70
obtained by Banc One Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY HE ABLE TO PREVENT THIS SHERIFF'S SALE'
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Banc One
Consumer Discount Company the back payments, late
charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call Terrence
J. McCabe, Esquire at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU 14AY STTLT. BS ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RTOHTS
EVEN SF THE SHRRIFFIA gAT.R DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale
never happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a
deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid
for your real estate. A schedule of distribution of the
money bid for your real estate will be filed by the Sheriff
within thirty days of the sheriff's 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 schedule of
distribution is wrong) are filed with the Sheriff within ten
(10) days after the filing of the schedule of distribution.
7. You may also have other rights and defenses, or ways of
getting your real estate back, if you act immediately after
the sale.
YOII SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE.
00 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOII CAN OET LEGAL HELP.
LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
+W
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 26, PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 119 AT PAGE 58.
PARCEL# 42.28.2421.071
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-6229 CIVIL Term
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF _CUtnberL]fLd COUNTY:
To satisfy the debt, interest and costs due Banc One Consumer Discount Company
_ PLAINTIFF(S)
from David it. Shadle, 320 Cascade Road, Mechanicsburg, PA 17055
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 direcietl W-AAchOiotpropprly 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/are enjoined from paying any
debt to or for the account of the defendant(s) agtf lrgrp delivering any property of the defendant(s) or otherwise disposing
thereof; . TI: . %', ..
(3) IfproperlyolthedB s not levied uponansubject to allachment Isfound In the possession of anyoneother
than a named garnishee, you are directedto no r y Iiiihilherthat he/she has been added as a gamishee and Is enjoined as above
stated.
Amount Duo $147,268.70
Interest from 11/20/99
Ally's Comm
Any Paid $105.44
Plaintiff Pad
Date: March 3, 2000
L.L.
Due Prolhy. $1.00
Other Costs
Curtis R.
Prothonotary, Civil Division
Deputy
REOUESTING PARTY:
Name Terrence_,L
Address: 121 53- Broad St _ .--.Suite_2080._-
PhiIadPlphi a, PA 191n2.__.____
Attorney for:Btaint- iff
Telephone: 21 3-7 0-1 m n
Supreme Court ID No. 1 496- -_-_ _-
TRUE COPY FROM RECORD
In Testimony whereof, I here unto sat my hano
and the seal of said Cou t at Carlisle, Pa.
Thl /icL- ay
othonobry
?
REAL ESTATE SALE No.
unAl the sheriff levlod upon tho cMandams
Interest in the real property situated in
Cumberland County, Pa., known and numbered -3-26
and more fully described on Exhibit IM with
?Yt1s
this writ and by this reference incorporated hOMM -
?e
??, !l i rz n :??
IN THE CO[W OF OCMM PLEAS OF CCF?ERI.APID OCUNPY PENNSYLVANIA
CIVIL DIVISION
BANC ONE CONSUMER DISCOUNT COMPANY : File No. _ 99_6229 Civil
: Amount Due $147,268.70
V. : Interest 11/20/99 at $24.21 per diem
: Atty's Corm
DAVID H. SHADLE : Costs $1,015.00
TO THE
OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installirent sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
P.RAECIPE FOR E7QX.TtITCN
Issue writ of execution in the above otter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) 320 Cascade Road, Mechanicsburg, PA 17055
(See attached description).
PRAECIPE FOR ATPACHMENP EXECWION
Issue writ of attachment to the Sheriff of C.nmber end County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list) N/A
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: 'C)(1 Signature: _`1 C1 12 r' , Print Name: Terrence J.r cM Cabe, Esq.
Address: 123 S. Broad St., Suite 2080
Phila., PA 19109
Attorney for: Plaintiff
Telephones (215) 790-1010
Supreme Court ID No.: 16496
Notesr If real property, supply six copies of description including improvements and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecips with writ.
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 2% PLAN Co MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 58.
PARCEL# 42.28.2421-071
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MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in
the above action, set forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning
the real property located at 320 Cascade Road, Mechanicsburg, PA
17055, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Plaintiff herein.
Commercial Credit Corp.
Citifinancial, f/k/a
Commercial Credit
Corporation, Inc.
Address
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
and
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Attn: David Parks
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. 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
Tenant(s)
Address
320 Cascade Road
Mechanicsburg, PA 17055
Domestic Relations
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the beat of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE TERRENCE J. PcCABE, ESQUIRE
Attorney for Plaintiff
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 186 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 26a PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 68.
PARCEL# 42.28.2421.071
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Your house (real estate) at 320 Cascade Road, Mechanicsburg,
PA 17055 (more fully described as attached) is scheduled to be
sold at Sheriff's Sale on March 7, 2001, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $147,268.70
obtained by Banc One Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Banc One
Consumer Discount Company the back payments, late
charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call Terrence
J. McCabe, Esquire at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale
never happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a
deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid
for your real estate. A schedule of distribution of the
money bid for your real estate will be filed by the Sheriff
within thirty days of the sheriff's 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 schedule of
distribution is wrong) are filed with the Sheriff within ten
(10) days after the filing of the schedule of distribution.
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
00 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND COUNTY
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132. FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 28s PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 58.
PARCEL# 42.28.2421.071
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UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
In re: David H. Shadle
Debtor
ORDER
Chapter 13,7
Bankruptcy No.1-00-02435
AND NOW, this day of Gtw1.a&. ,
2000, it is hereby ORDERED that the automatic stay of Bankruptcy
code 6362(a) be, and the same hereby is, MODIFIED to permit Banc
One Consumer Discount Company to foreclose its mortgage, and,
without limitation, to exercise any other rights it has under the
mortgage or with respect to the property located at: 320 Cascade
Road, Mechanicsburg, PA 17055.
Rule 4001(a)(3) is not applicable and Movant may
immediately enforce and implement this order granting relief from
the automatic stay.
151 flobcal Woodside
ROBERT J. WOODSIDE
United States Bankruptcy Judge
cc.: Attached Service List
FILED
'SEP 0 1 2000
MCCASE, WEISBERG AND CONWAY, P.C.
BYt TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company
V.
David H. Shadle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6229 Civil
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the
within matter, hereby certify that on the 181" DAY OF January, 2001 , a true
and correct copy of the Notice of Sheriff's Sale of Real Property was served on
all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129
which is attached hereto as Exhibit "A"
Copies of the letter and certificate of mailing are also attached
hereto, made a part hereof and marked as Exhibit "B."
J9_N1r?YtZ??.? ?
TERRENCE J. Mc AB , ESQUI E
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 18th DAY
OF January, 2001.
McCABE, WEISBERG AND CONWAY, P.C.
BY: `TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above
action, set forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 320
Cascade Road, Mechanicsburg, PA 17055, a copy of the description of said
property is attached hereto and marked Exhibit °A.°
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every mortgage of
record:
Name
Address
Plaintiff herein.
Commercial Credit Corp
Citi
CommmercialercialCr Cr
a/ HOBI
Corporation, Inc.
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
G79 yNew
New Ridge Road
S ite 222, Hanover, MD 21076
Attn: David Parks
•5. Name and address of every other person who has any record interest in
or record lien on the property and whose interest may be affected by the sale:
Name Address
None.
6. 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
Tenant(s)
Domestic Relations
Address
320 Cascade Road
Mechanicsburg, PA 17055
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true and correct
to the best of my personal knowledge or information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
` L
January 18, 2001 ON ? /I J p f'v
DATE TERRENCE J. MCCAU, ESQUIRE
Attorney for Plaintiff
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MCCAZE, WEISBERG AND CONWAY, P.C.
BYt TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
113 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Banc One Consumer Discount Company
V.
David H. Shadle
DATE: January 18, 2001
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6229 Civil
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): David H. Shadle
PROPERTY: 320 Cascade Road, Mechanicsburg, PA 17055
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff's Sale on
March 7, 2001, at 10:00 a.m. in the Commissioner's Hearing Room located on the
2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013. Our records indicate that you may hold an interest in the
property which will be extinguished by the sale. You may wish to attend the
sale to protect your interests.
A schedule of distribution will be filed by the
the Sheriff not later than 30 days after sale.
accordance with the schedule unless exceptions
after the filing of the schedule.
Sheriff on a date specified by
Distribution will be made in
are filed thereto within 10 days
EXHIBIT r1Qp,
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND u'
Robert P Ziegler
I,---------------°°----------------------------------------------------------_ Recorder of
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________
---- Banc Inc C D C'
---°-----------•-------------------------------------------------------- is the grantee
the same having been sold to said grantee on the 7th -------- ----------------------- day of
----March 2001
A. D., i ------ under and by virtue of a writ --------------
---- Execution
-------------------------------- issued on the ------1 Wh-------------------------
day of ---Dec------------------- A. D., 2000 ... , out of the Court of Comman Pleas of said County as of
Civil 1999
---- --_----------------°-----------------------------------------------___ Tcrm, .-----
6229
Number ---°-----°--, at the suit of Ba nc
-- ------- On----e - - C -- D --- -C------------------------ - °°----------
Davld I I Shadle---------------------- Is
duty recorded in Sheriffs Deed Book No--------- 2-41, Page ------------- 168
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this 02Q nn ------- day
of -------------„ & P,? -a2QIDI-
Deeds
Recorder of Dods. Cumberland County. Cadisls, PA
My Comnussan Expires the first Mondq 01 Jsn 2002
Banc One Consumer Discount Company In the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
David 11. Shadle No. 99-6229 Civil
Jason Vioml, Deputy Sheriff who being duly sworn according to law, says on January 5, 2001 at 9:43
o'clock A.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description, in the above
entitled action upon the within named defendant to wit: David If. Shadle by making known unto David
Shadle Jr, son at 320 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents
and at the same time handing to him personally the said true and attested copies of the same.
Jason Vioml, Deputy Sheriff who being duly sworn according to law, says on January 5, 2001 at 9:43
o'clock A.M. EST, he posted a copy of Real Estate Writ Notice Poster and Description on the property
of David 1-1. Shadle located at 320 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania
according to law.
R. Thomas Kline, Sherrff, who being duly swom according to law, say he served the above Real
Estate Writ Notice Poster an Description in the following manner: Th Sheriff mailed a notice of the
pendency of the action to the within named defendant to wit: David 1-1. Shadle by regular mail to his last
known address 320 Cascade Road, Mechanicsburg, Pennsylvania, This letter was mailed under the date
of January 8, 2001 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal
notice had been given according to law, exposed the within described premises at public venue or outcry
at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock
A.M., E.S.T. and sold the same for the sum of $1.00 to Attorney James Flower for Banc One Consumer
Discount Company . It being the highest bid and the best price received for the same Banc One
Consumer Discount Company, of 8604 Allisonville Rd. Indianapolis, IN, being the buyer in this
execution paid sheriff R. Thomas Kline, the sum of 665.71 it being costs.
Sheriffs Costs
Docketing 30.00
Poundage 13.05
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
County 1.00
Mileage 7.44
Certified Mail 1.82
Levy 15.00
Surcharge 20.00
Law Journal 251.45
Patriot News 178.92
Share of Bills 25.53
Distribution of Proceeds 25.00
Sheriffs Deed Zfa,54
665.71 paid by Attorney
03-13-01
Swom and subscribed to before me
S/
This day of ? R. Thomas Kline, Sheriff
2001 A.D. _C501 B
Pr tl notary Deputy riff
J?.? 1vg43?
MCCABE, WEISBERa AND CONWAY, P.C.
BY: TERRENCE J. MCCABE, ESQUIRE
Idantification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFTDAVTT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in
the above action, set forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning
the real property located at 320 Cascade Road, Mechanicsburg, PA
17055, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
.f
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Plaintiff herein.
Commercial Credit Corp.
Citifinancial, f/k/a
Commercial Credit
Corporation, Inc.
Address
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
and
7467 New Ridge Road
Suite 222
Hanover, MD 21076
Attn: David Parks
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. 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
Tenant(s)
Address
320 Cascade Road
Mechanicsburg, PA 17055
Domestic Relations
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the beat of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE TERRENCE J. 14cCABE, SQUIRE
Attorney for Plaintiff
o
ALL THAT CERTAIN HOUSE AND-LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING DOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 28s PLAN Co MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 68.
PARCEL# 42-28.2421.071
5.. HI13-1 'AA
T '
McCABE, WEiSBERG AND CONWAY, P.C.
BYt TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(21S) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Your house (real estate) at 320 Cascade Road, Mechanicsburg,
PA 17055 (more fully described as attached) is scheduled to be
sold at Sheriff's Sale on March 7, 2001, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $147,268.70
obtained by Banc One Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's sale you must take immediate action:
1. The sale will be canceled if you pay to Banc One
Consumer Discount Company the back payments, late
charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call Terrence
J. McCabe, Esquire at (215) 790-1010.
i
2. You may be able to stop the sale by filing a petition
asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the
Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other
legal proceedings.
You may need an attorney to assert your rights. The sooner you
contact one, the more chance you will have of stopping the sale.
(See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIOHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
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.
S. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a
deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid
for your real estate. A schedule of distribution of the
money bid for your real estate will be filed by the Sheriff
within thirty days of the sheriff's 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 schedule of
distribution is wrong) are filed with the Sheriff within ten
(10) days after the filing of the schedule of distribution.
`• 1
7. You may also have other rights and defenses, or ways of
getting your real estate 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.
LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
ALL THAT CERTAIN HOUSE AND. LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING 'AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 20 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 281 PLAN Co MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 68,
PARCEL# 42.28.2421-071
PROOF OF PUBLICATION OF NOTICE.
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
t'
t
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County
and State aforesaid, being duly swom, 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,
2001
Af(iant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that lie 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 arc true.
REAL ESTATE eALC NO. 10
Wrtt No. 1000-0220 Civil
Dane One Consumer
Discount Company
vs.
David It. Shadle
Atty.: Terrence McCabe
ALL 111AT CERTAIN house and
lot of ground situate in the Town-
ship of Upper Allen. County of
Cumberland and State of Pennsyl-
vania. bounded and described as
follows, to wit:
BEGINNING at a point In the
western line of Cascade Road. Said
point being located 185 feet nnea-
sured in a northerly direction along
the westerly line of Cascade Road
from the point of intersection of the
westerly line of Cascade Road and
the northerly line of Locust Street:
thence Ina westerly direction along
the northern line of Lot No. 25 on
the hereinafter mentioned plan of
lots, 132 feet to a point: thence
along the western line of TAU No.
20 on said Plan, north 07 degrees
23 minutes west. 80 feet 10 41 Will:
thence in an easterly direction along
the southern line of Lot No. 27 on
said plan, 132 feel to Cascade
Road: thence along the -western line
Of Cascade Road, south 07 degrees
23 uunutes east, 80 feel to the
place of BEGINNING.
ItAVING THEREON ERECTED a
single faulty brick dwelling house
known and numlered as 320 Cas-
cade Road. Mechanicsburg. Penn-
sylvania.
BEING Lot No. 20, Plan C. Mt.
Allen Heights. which said plan Is
recorded in the Cumberland County
Recorder's Office in Plan Book No.
11, at Pare 58.
PARCEL It 42.28.2421.071,
1
Roger M. Morgcnthal, Editor
SWORN TO AND SUBSCRIBED before me this
__Z_day of FEBRUARY. 2001
-- NOTARIAL SLAL
LOTS E. 51`4yUfR, Norory Pub k
Cn.ltda 60r0, Cwnborlond County, PA
Mr Co,,,won Eaplru Morch S, Zell
t ?1
t?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-6229 CIVIL TERM
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF Cumberland COUNTY:
To satisfy the debt, interest and costs due Banc One Consumer Discount Ca rpany
Irom David H. Shadle, 320 Cascade Road, Mechanicsburg, PA 17055
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell APP T egat 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/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If properlyof the delandant(s) not levied upon an subject to attachment Is found In the possession of anyoneother
thana named garnishee, you are directed to notify hinvherthat he/she has been added as agarnishee and is enjoined as above
stated.
Amount Due $147,268.70 _
Interest 11/20/99 at $24.21 per diem
Any's Comm %
Atty Paid $808.28
L.L.
Duo Prothy $1.00
Other Costs $1,015.00
Plaintiff Paid
Date: December 11. 2000 _ Curtis R- Tnnq
Prolhonotari, Civil Division
bye! P, / ? /?A/1??I . =
Deputy
REQUESTING PARTY:
Name Terrence J. McCabe, Esq.
Address: 123 S. Broad St., Suite
Philadelphis, PA 19109
Attorney for: Plaintiff
Telephone: 215-790
Supreme Court ID No. 16496
REAL ESTATE SALE No-O
tho shuriti levied upon the delenu?l
interest In the real prcporty situated In # - ? °
Cumberland County, Pa numbered
an Exhibit "A" filed W ,I'
00 C;m
this writ and by this reterenub juiated herein. C,
By.
VINVAIASNN3d
00, N7 LZ 11 1 330
ANU? 1JIMS 3h1 d0 3a1jdp
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
Michael Morrow being duly sworn according to law, deposes and says:
That he Is the Asst. 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-MQ
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Markel Street, In the
City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 41h,
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 dally and/or Sunday/ Moire editions which appeared on the 30th day(s) of January and the 6th and
131h day(s) of February 2001. That neither he nor said Company Is Interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and Is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In
the office for the Recording of Deeds in and for sold County tf DauphJ(li, In Mis6ollanoous Book 'M",
Volume 14, Page 317. y In .c47-A ?, '1
PUBLICATION .................V"....:..b:l..1 J...... Y............... ..............................
COPY Sworn to n is 27th da 7ofFe st y 2001 A.D.
SALE M18 =S081,
Terry L. ?` r/I
HslrlsbuMy corrmssxn EOrss June 6'? N TARY
PUBLIC
?lltAlOOtrtf?ti lY?L. ' + eme Assodelxxl W Notenes
r ffp1?M1?. ; . Member,PennsYx my commission expires June 6, 2002
e •411MM f0ixlfco.
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
MM Statement of Advertising Costs
fine of To THE PATRIOT-NEWS CO., Dr.
o1tS & For publishing the notice or publication attached
vabaof hereto on the above slated dates $ 177.42
?In Probating same Notary Fools) $ 1.50
nte(Lal Total $ 178.92
x Ro I".,1 nnt; n;. iblisher's Receipt for Advertising Cost
d'WWpLam? a1M10Cj'm g,,,4 blishor of The Patriot-Nows and Tho Sunday Patriot. Nows, nowspapors of general
og eWL? UN at CCi+rAJ& 11 olpt of the aforesaid notice and publication costs and certifies that the same have
,?
uSWIAN »t«tww "
It eo` ?, ,
By ....................................................................
4"I .w , .•• •- • ••-•-'-
NY 5& 1
MaCABE/ WEISBERG AND CONWAY, P.C.
BYt TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT OF SERVICE
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within
matter, hereby certify that on the 29th DAY OF January, 2001, a true and
correct copy of the Notice of Sheriff's Sale of Real Property was served on all
pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is
attached hereto as Exhibit "A"
Copies of the letter and certificate of mailing are also attached hereto,
made a part hereof and marked as Exhibit "B."
TERRENCE J. Mcr E, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 290 DAY
OF January, 2001.
MCCABE, WEIhBERO AND CONWAY, P.C.
BYs TERRENCE J. MCCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above
action, set forth as of the date the Praecipe for the Writ of Execution was
filed the following information concerning the real property located at 320
Cascade Road, Mechanicsburg, PA 17055, a copy of the description of said
property is attached hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor whose judgment
is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein.
Commercial Credit Corp. 6520 Carlisle Pike
Suite 155,Mechanicsburg, PA 17055
and
Citifinancial, f/k/a ..z•
F• "7167;JlffRiVoad
Commercial Credit ;. SU0e`Y2, ! ver, MD 21076
Corporation, Inc. Attn: David Parks
HOUSEHOLD REALTY CORPORATION 577 LAMONT ROAD, ELMHURST, IL 60126
5.. Name and address of every other person who has any record interest in
or record lien on the property and whose interest may be affected by the sale:
Name Address
None.
6. 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
Tenant(s)
Domestic Relations
Address
320 Cascade Road
Mechanicsburg, PA 17055
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true and correct
to the best of my personal knowledge or information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
January 29, 2001
DATE
TERRENCE J. McC BE, ESQUIRE
Attorney for Plaintiff
XI?HFOT bi/,f!
MCCABE,'wEISBERO AND CONWAY, P.C.
BYj TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Banc One Consumer Discount Company
V.
David H. Shadle
DATE: January 18, 2001
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6229 Civil
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): David H. Shadle
PROPERTY: 320 Cascade Road, Mechanicsburg, PA 17055
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff's Sale on
March 7, 2001, at 10:00 a.m. in the Commissioner's Hearing Room located on the
2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013. Our records indicate that you may hold an interest in the
property which will be extinguished by the sale. You may wish to attend the
sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by
the Sheriff not later than 30 days after sale. Distribution will be made in
accordance with the schedule unless exceptions are filed thereto within 10 days
after the filing of the schedule.
EXH I8" 17' "B„
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cCABE, WEISBERG AND CONWAY, P.C.
BYt TERRENCE J. NcCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company
V.
David H. Shadle
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NUMBER 99-6229 Civil
I, Terrence J. McCabe, Esquire, attorney for the Plaintiff
in the within matter, hereby certify that on the 1st day of
March, 2000, a true and correct copy of the Notice of Sheriff's
Sale of Real Property was served on all pertinent lienhclder(s)
as set forth in the Affidavit Pursuant to 3129 which is attached
hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also
attached hereto, made a part hereof and marked as Exhibit "B."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS ?$+ DAY
OF,Na1U, nn 2000.
Cl
NO ARY PkIBLIC
NOTARIAL REAL
TRACY A. RIFF, Notary Public
O ty of Philadefl;Wc Phlia County
M Commission Expires Oct. 23, 2000
TERRENCE J CCABE, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in
the above action, set forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning
the real property located at 320 Cascade Road, Mechanicsburg, PA
17055, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, P.A 17055
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name
Plaintiff herein.
Address
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address
Plaintiff herein.
Commercial Credit Corp.
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name
Address
None.
6. 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
Occupant(s)
Address
320 Cascade Road
Mechanicsburg, PA 17055
Domestic Relations
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the beet of my personal knowledge or information
and belief.. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
3-?-oa
DATE TER ENCE cCABE, ESQUIRE
Attorney r Plaintiff
R
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 26, PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 68.
PARCEL# 42-28-2421-071
j III
EXHIBIT 'A
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
DATE: March 1, 2000
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): David H. Shadle
PROPERTY: 320 Cascade Road, Mechanicsburg, PA 17055
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the
Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013. Our records indicate that you may hold a
mortgage or judgments and liens on, and/or other interests in the
property which will be extinguished by the sale. You may wish to
attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date
specified by the Sheriff not later than 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of
the schedule.
EXHIBIT 44B1?
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IN THE COURT OF 003t N PLEAS OF C111PERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
BANC ONE CONSUMER DISCOUNT COMPANY : File No. 99-6229 Civil
: Amount Due $147,268.70
V. : Interest from 11/20/99
DAVID H. SHADLE : Atty's Comm
: Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail
installment sale, contract, or account based on a confession of judgment, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAEJCIPE FOR EXEC'UT'ION
Issue writ of execution in the above natter to the Sheriff of Cumberland
County, for debt, interest and costs upon the following described property of the
defendant(s) 320 Cascade Road, Mechanicsburg, PA 17055
See attached description.
N/A
PRADCIPE FOR ATTACHMENT EXJCUTION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attaclr nt against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against
real estate of the defendant(s) described in the attached exhibit.
DATE: 3/1/00
Signature:f?!1C%!°ra
Print Name: Terrence J. McCabe, Esquire
Address: 123 S. Broad St., Suite 2080
Phila., PA 19109
Attorney for: Plaintiff
Telephone:
(215) 790-1010
Supreme Court ID No.: 16496
or
Notesc If real property, supply six copies of description including inprovemants and an
original and copy of affidavit of ownership (PaR.C.P. No. 3129).
If lengthy personalty list, supply four copies of list.
4b index writ, file separate praecipe with writ.
0
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 26 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 269 PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 68.
PARCEL# 42-28.2421-071
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: David H. Shadle
320 Cascade Road
Mechanicsburg, PA 17055
Your house (real estate) at 320 Cascade Road, Mechanicsburg,
PA 17055 (more fully described as attached) is scheduled to be
sold at Sheriff's Sale on June 7, 2000, at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
Pennsylvania 17013, to enforce the court judgment of $147,268.70
obtained by Banc One Consumer Discount Company against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be canceled if you pay to Banc One
Consumer Discount Company the back payments, late
charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call Terrence
J. McCabe, Esquire at (215) 790-1010.
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 the following notice on how to obtain an attorney.)
YOU MAY STILL RR ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TARE PLACE
1. If the Sheriff's Sale is not stopped, your property will be
sold to the highest bidder. You may find out the price bid
by calling Terrence J. McCabe, Esquire at (215) 790-1010.
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 on the sale. To find out if this has
happened, you may call Terrence J. McCabe, Esquire at (215)
790-1010.
4. If the amount due from the buyer is not paid to the Sheriff,
you will remain the owner of the property as if the sale
never happened.
5. You have a right to remain in the property until the full
amount due is paid to the Sheriff and the Sheriff gives a
deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid
for your real estate. A schedule of distribution of the
money bid for your real estate will be filed by the Sheriff
within thirty days of the sheriff's 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 schedule of
distribution is wrong) are filed with the Sheriff within ten
(10) days after the filing of the schedule of distribution.
7. You may also have other rights and defenses, or ways of
getting your real estate back, if you act immediately after
the sale.
YOU SHOULD TARE THIS PAPER TO YOUR AWYER AT ONCE
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OFF
GO TO OR TELEPHONE THE OFFICE TSTED BELOW TO FIN'S
OUT WHERE YOU CAN GET L•EGAL• HELP
LAWYER REFERRAL SERVICE OR CUMBERLAND COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
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ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WESTERN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MEASURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CASCADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTERLY LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 25 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 60 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 28, PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 111 AT PAGE 68.
PARCEL# 42.28.2421.071
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Attorney for Plaintiff
Banc One Consumer Discount Company CUMBERLAND COUNTY
COURT OF COMMON PLEAS
V.
David H. Shadle NUMBER 99-6229 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in
the above action, set forth as of the date the Praecipe for the
Writ of Execution was filed the following information concerning
the real property located at 320 Cascade Road, Mechanicsburg, PA
17055, a copy of the description of said property is attached
hereto and marked Exhibit "A."
1. Name and address of Owner(s) or Reputed Owner(s):
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
2. Name and address of Defendant(s) in the judgment:
Name Address
David H. Shadle 320 Cascade Road
Mechanicsburg, PA 17055
3. Name and last known address of every judgment creditor
whose judgment is a record lien on the real property to be sold:
Name Address
Plaintiff herein.
4. Name and address of the last recorded holder of every
mortgage of record:
Name
Address
Plaintiff herein.
Commercial Credit Corp
6520 Carlisle Pike
Suite 155
Mechanicsburg, PA 17055
and
8335 Century Park Ct.
Suite 200
San Diego, CA 92123
Attn: Ray Elmes
5. Name and address of every other person who has any
record interest in or record lien on the property and whose
interest may be affected by the sale:
Name Address
None.
6. 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
Occupant(s)
Address
320 Cascade Road
Mechanicsburg, PA 17055
Domestic Relations
Cumberland County
P.O. Box 320
Carisle, PA 17015
I verify that the statements made in this Affidavit are true
and correct to the beat of my personal knowledge or information
and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE TER ENCE cCABE, ESQUIRE
Attorney f r Plaintiff
4a
ALL THAT CERTAIN HOUSE AND LOT OF GROUND SITUATE IN THE TOWNSHIP
OF UPPER ALLEN, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA,
BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT IN THE WES1 URN LINE OF CASCADE ROAD. SAID
POINT BEING LOCATED 185 FEET MFJ'.SURED IN A NORTHERLY DIRECTION
ALONG THE WESTERLY LINE OF CA'',CADE ROAD FROM THE POINT OF
INTERSECTION OF THE WESTFQ1 Y LINE OF CASCADE ROAD AND THE
NORTHERLY LINE OF LOCUST STREET; THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN LINE OF LOT NO. 25 ON THE HEREINAFTER
MENTIONED PLAN OF LOTS, 132 FEET TO A POINT; THENCE ALONG THE
WESTERN LINE OF LOT NO. 26 ON SAID PLAN, NORTH 07 DEGREES 23
MINUTES WEST, 80 FEET TO A POINT; THENCE IN AN EASTERLY DIRECTION
ALONG THE SOUTHERN LINE OF LOT NO. 27 ON SAID PLAN, 132 FEET TO
CASCADE ROAD; THENCE ALONG THE WESTERN LINE OF CASCADE ROAD,
SOUTH 07 DEGREES 23 MINUTES EAST, 80 FEET TO THE PLACE OF
BEGINNING.
HAVING THEREON ERECTED A SINGLE FAMILY BRICK DWELLING HOUSE
KNOWN AND NUMBERED AS 320 CASCADE ROAD, MECHANICSBURG,
PENNSYLVANIA.
BEING LOT NO. 26, PLAN C, MT. ALLEN HEIGHTS, WHICH SAID PLAN IS
RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN
BOOK NO. 11, AT PAGE 58.
PARCEL# 42.28-2421-071
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