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HomeMy WebLinkAbout07-5860T M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, Plaintiff, CIVIL DIVISION NO.: 67- 58(00 OiviI `exam vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 1 FOUNTAIN PLAZA 7TH FLOOR- P.O. BOX 840 BUFFALO, NY 14203-1495 AND THE DEFENDANT: 307 East Marble Street Mechanicsburg. PA 17055 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 307 East Marble Street, Mechanicsburg PA 17055 Municipality: Mechanicsbure TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: M&T Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. 4202567 scott cz. ?ie#?:tiicfY ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 91316 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 91316/bkm Zucker, Goldberg & Ackerman, LLC XCP-91316 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman Defendants. NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, Plaintiff, CIVIL DIVISION NO.: vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO.: -9-7. C4i;J ZZ - vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes M&T Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, M&T Bank, which has its principal place of business at 1 FOUNTAIN PLAZA, 7TH FLOOR- P.O. BOX 840, BUFFALO, NY 14203-1495. 2. The Defendants, Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, are individuals whose last known address is 307 East Marble Street, Mechanicsburg, PA 17055. 3. On or about October 7, 1998, Frederick M. Eshleman, Jr. and Becky S. Eshleman executed a Note in favor of Keystone Financial Mortgage in the original principal amount of $128,000.00. 4. On or about October 7, 1998, as security for payment of the aforesaid Note, Frederick M. Eshleman, Jr. and Becky S. Eshleman made, executed and delivered to Keystone Financial Mortgage a Mortgage in the original principal amount of $128,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on October 13, 1998, in Mortgage Book Volume 1489, Page 36. A true and correct copy of said Mortgage containing a description of the Zucker, Goldberg & Ackerman, LLC XCP-91316 premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. Keystone Financial Mortgage was acquired by M&T Mortgage Corporation on 10/07/2000. 6. M&T Bank is successor by merger to M&T Mortgage Corporation. 7. Defendants are record and real owners of the aforesaid mortgaged premises. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 9. On or about July 9, 2007, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. 10. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 114,237.80 Interest through 09/05/2007 $ 3,724.91 Attorneys' Fees Title Search & Costs Late Charges Escrow Miscellaneous Total $ 1,250.00 $ 2,500.00 $ 181.20 $ 605.38 $ 87.00 $ 122,586.29 plus interest on the principal sum ($114,237.80) from September 5, 2007, at the rate of $23.86 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $122,586.29, with interest thereon at the rate of $23.86 per diem from September 5, 2007, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-91316 ZU( BY: Scot PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-91316 09-06-'07 08:39 FROM-Premier Abstract 7175456163 • ?CEAL«I:D 0 COUNTY. n,t .98 OCT 13 p!7 1 V6 [araraAIM M Una rsr asra.dtas natal MORTGAGE THIS MORTGAGE (Vacndty tram.wear) Is churn as OCTOBER 7th 1998 .TLCmonpBarls FREDERICK RARE. BS RNO JR and BECKY S COLMAN, Husband and Wife ('Barrawisr). This Security famument is given to KEYSTONE FINANCIAL lgATOACE# , Which la organized and existing asdeathe harts of UNITED STATICS OF AMERICA , and whose address to 2270 zRIR GO= F.O. BOX 7628 , LANCABTIA, PA 17604.7628 ('Lendse). Borrower owoos Leader the prinnd sees of ONE HUNOM LVBIT -RL !R TIMSMID AND NO1100 Dollars (US. f 123.000.00 ) "Mi, debt is ev[dsnced by Borrower's note dated tin tame dab as risk Secur* Immimmo ?wbich provides for monthly payment a, with i be full debt, If not paid earlier, dwe and palwbbs a OVENIIER et , 2026 .Ibis Security instrument secures to leader: (a) the repayment of the debt svbdeared by the Note, with interest, and all rmewahp stamsiow and modilleadoss of the Note; (b) Ilse payment of all other sums, with lotorest, advanced under puttpraph 7 to protect the security of this Security Internment; said (a) the performance of Borrower's covenants sad areemcnls under this locwity fmtrusaeat and tin NotdtFoar ibis purpose, Bvrrowor does booby mortgage. grant !ad convey to Loader [be following described properly located in CUMBVJ ND County, Psnnsyivania: 'SEE ATTACHED L&;AL DESCRIPTION' which bu the address of 307 8 NARBLX ST , MECHANICSBURG [s.a.tl [CRY) pemsylvaae 17055-4264 ClPropertyAddress% F* 0061 TOGETHER VyMI al the Improvemeau now (x berealter wooled on the property, sad all augments, appmaeaums, and tuturas saw or kessallir a part of the property. AB repiscomeats and additions shall also be oorared by this Seaarity, hssiameaL All of the forepling L referred to is Ws Security Imtrumeat as the "Property.* BORROWER COVENANTS that Borrower is lawfully solved of the atatc hereby conveyed and has the right to mortgage, grass and convey the property sad that the Property b unencumbered, attrapt for encumbrances of retard. Boerowes warrants tied will debad gins rstty this We to the Property agal" all claims and demands, subject to any cstumbraaea a[ record 7"M SBCURIrY R'kST LWENT combines astform covenants for national ma, and son-uniform covenants whb Dmkod voWk no by*kdldlow to ttoasdtuta a ualfwm ucwity isstm am covering real properly. UNIFORM COYMAN'IS, Borrower marl Leader oosanam and agree as 191bws: f, Atyassst tirPHoolpel and Istuap Frapsymas and Late CkatSp. Borrower shoe promptly pay when duo the priadpal of and lmwat as the debt evidaoeed by the Pieta and any prepayment sod lee charges due under the Note. L funds fir'Ibaes ad Immemaa. "ad to applWA lair or to a wria" waiver by Leader, Borrower shall pay to Lewis, os eke day "Oft Mama we dsa wader the Nate, mull the Note Is paid in full, a seam C tniw) for. (a) Italy tams and moastma se; wbidr may anale priority am this Security Iostramcat u a ]lea as tits Property; (b) yearly leasehold prymWs or ground rents on the Propen If atgr, (a) )Duly buArd or property iosurasre premiums; (d) yearly Saud !morass F -bi°mr if my; (a) yearly >oortgsgs lasurasoe premiums, if any; and (t) any rums psyabla by Borrower to Laeder, in aamdwm wltk the provisions of paragraph 8, In Bar of the payment of mortgage Inauraoea premkims. Thane Yams an alled'Eaeeow ItsaW Leader may, at guy time, called and kaki Ptmds Tn as amount not to eicusd the masimmm amount a leader rw a Morally related mm pip loan nay rortutro for Borrower's ascrow account aa.tm the fbderai itW Nall" SetUarent 1'roewdwu Ad of 7974 as ameaded from time to time, 12 U,S.C.42601 d ('RF.RFA7, salsas aaotker law That ttgtp8a to tbt Prmds bats t itsser aramrat. if**. Lender may, at say time, coiled art hsfd Pads Is as amount no to exceed tits better amount Lender may eulmate the amount of Funds due on the bads of owner data and reasonable estimates of espendlbures of future Escrow Items or otherwise in aeeordaaw with applicable law. Loan I D: 00066717 PEMMYLVANIA.merrra.al.xsacursar/rnsateumuNtroaatsNnwwuoarr vex. 3139 a/m &orIsf3P j ua urns r/a ate *KSTSTMZ NATIONAL BANK IS A ItATIONAL BANKING ASSOCIATION TRADINO AND DOING BUSINESS AN KEYSTONE FINANCIAL NORTCU..S. 111001489w .36 T-319 P011/091 F-943 09-06-'07 08;40 FROM-Premier Abstract 7175456163 tae Ft,oda"be raw imao icedw tea erhom dePtlslCS an lDahred (iwh ft Lander, If Perdu is taneb an initiortfop by • fedard agehhey, fadtrmmeDtelky or entity ply Go Harmer llama !cedar m ) Or In . any t rot Ragland Ham I can Hank. leader 5111011 apply the Funds to escrow atamat, or variblaS the a , . ant t ip Borrow. bowing and 40pJym11 the Fonds, tnnuallr msalyrmg flee a k-16 ehmlea Loader Pays Borrower W W44 on the Puads and applieabla Iaw ?tieaier to make snseh sr arerv a used by Leader r imay roqu(rp Ba"'a"r to pay a onrrtfine ahuga for as afhmetLa Uelam u sQasmw 4 made or by s mastication with this IOAA unless mpplic" law provides a pa/ Boeeotwr any fstasnd or ear PP b 4w rogtdru interest to be Feld, leader sbal cot be required to AA be pow as the Fedor l awdar 'k Ptmdt Horrooet and leader mW We ,a wrJtfug, howaver, tout totarnst '91fts Red debits to d. asd 1111- to 8mrown , Witham, as annual aamuntier of the she nddO OW weo ty for a$ smma amaared l fo arity 1 tv"laster cbrnsootdebit to tIha Foods was made Thr Nods are pin dg 0d as U the prods raid See. Serowe- (or the accus Lander maeod the ametrats Feneittrel to be held by appBpbla 4w. Leader shill maouat W is a" "O'catto tar • ith the requirements or apppeabie law- Un nmana of the Panda held due pay the JUC- Items when due, Lender m so notify Bmtower in beds LA MW Ilcuot ep ddLfMry in has mom ti04 PGY to ne tnaLw Tinder Ica amount necessary to sake up the rla6ao0ry. ]Jorroxer ehdt make 01pmwWP4mmos, m I.SOdcrs sofa dimsedoe. UP- Is Old Of all twine seamed by 1114 seeur ty Imlrumaat, !.ender taaL r . 4els b by?L-*- JX und?er? WVh 21, lender .ball aegefra or sell the Poms raked to Badower r; 'PV'7 W' Ponds row by Lander at ire time or 914Y [.ender, prior to fro a1P ere seta Slowed by"Sco ily in* ...L ac9141tioa or rata a a credit PmssQapti l mome ererp* n! be app! Uffiker "'o" t Iw 1ReC9des Qdwcwlw% aU ]reynrenta taealved by Lender umdu adds w lalareK may lxepaJmettt crmgm due tthdm the Note; second, to amoen4 payable +, demi f wh, to Prlnefpd due; and last, ro may fate abmge, due cagier the Nola amorp"Ums. Bturo' ahW pay aU tetra, asegamease, 911011106, Goes and im PNenWgr y may aB,m ptforily over this Saasuity Ltadrnmmay and kw-kW a X001 mtlrth Borrow a or. V.,m mus, if neayy hal( pp .bail pay them on time trea0 a6Qgatluy w is We maoaae provideed d rt puy*aPr ; m it Paid in that /eels, ' dwedf W fro paean owed paym l Borrower ehaU meaner, Borrower mamorgetato be Vold trader " aratl ? qaP Borraner a" Most, pynosnta d?traetf , Borrower &W PromPUY turaleh Bdnowar qpa I hi wriliog to of Me any lion .hie!, leis priority a iO° over two Security wu ment Owes, Borrower: (a) 11pod W& ors Ina by. or debsol; aacnrod py Cho 11011 in a manner acceptable to Londe , (b) eomlats in opera to Pmt ? i mGOstamaat or the lion in, legal p?ereedlmgs wldeh In the i.eador' Opinion, Leader tto pa an 011 04 or dis the Ban to 164 ILM at (c) +e..U from hie bolder of era lien sn s?aemmt tstiafaaory to to a JIM VAdch?a?' ?attain ever TnsOraamnt uLeoder determines that nay part eel oho Prapsrty 4 SU Ct 8arrower.w :Zthe IlM or jalce meore art ortrs Le ? MAY Sim Borrower a notice idemifying the lion. x lw?d.r i r i•n41mawaareh Borrower tl;p0p sw rash ,barn within lO days of tha gn ing of notice.. ?OPar4 hratnd t1/miset loin by Hrei tsraeis i.ehtded ethlds Jrowmants Dow trdatieg or hwmfter erected on, the 4dudiag aopdrat Sood? fa Stich Leader ores Imar the his •crnood aorvago• and any other n mad Ibr tbs padbda that I aaftr This buu "am abaU be rndatdcnd is Iha amoumounts ts Mlymt to LOOdOO6 appravd wbkr shalt aa?be wemon V wk hWd. r f B the iewraoaa aba8 be chaaa by Borrower above, leader MV at Lo chaps oplioe, ohtafa ow"Me to protect Lea?,,rowv rails to mamma covasge dmacribod AssaRaPr7. s let tba Ptopoety m Scewdaooo with am ree-Ais Lamdx sr? ? ? b ? Sho is aasplabie to Leader and 66th iJad/ a itaadnrd mortgage clause. zmw& Lcoder wer Lender al r - %- Of ]lddPPmarmw and zwW action- JD the !avant of ra9uL0s, B smu to a pr promptiy giya to imeranm carrier sad Leader, L-dor easy make prop} of lose lied made pro ptly by mrrr vs prompt notice to ilea Prdararad Daum" uc tbe A" ie d&16 lac r+?O premods 40 be applied to restoration at M0014011 ea 4i is r"04010111011, ar WPM is "onotakally readbls sad Leader. a0eurity is not hug"O proceeds ctrl a aypHed is W ataa not oeauvak* Ladbfa or Landers aeeuri ly wotdd be humoad, the insurance -am ro Ltatrsww. If Borrower absadma ? yce ? no moat, Kist 3 s ar not tree doe, with any Leader the paid n am Mad10 mtr rffiWe ?yatab% era Lender cew m14ct the 10.1400 proceed- Laud" may use the 7b U? 1 r tend $orrotnrthe am" iW to s Wag w?aoegc?vred 117 Ws Security IOatrument, -better ar not Cron due. or powpae the due do" at do mm Ny Pttos"Caa, doe inppUoatiom of pand 2 s to phia.'g aha8 not tat the ! the P43mta0- If 11adar Prars spin 21 lie v BoorrPowhi 1erh right to ro . sthrr aasma amo poifunt at ,o,,,L ? item 4q" aa by J.ndumr, Boany 4e and p m ? ft*g y law to the `Nddon ,hal? Pala to !.miner In, the Cutest of Cite slims anee?ed by tltm sea ityfGNWV 1e y Fria to the tdtdWOM Wgrad"AL • wllw. MaletMmrw sad FnkaHa rd the FmPmtn B-fnm r'a Lena Appltcmd ti, after too erm310 of ?' mabIJA acrd oo the property ma Borrowers primdpd M" ,co within after dw far at Last one v " 000110414 to Oompy the Properly u Borrowers p?rincip?al anal rot-ha K asa0bty wlthh hcar Posey, uamss Under othtredre agrsa le wri ft Sikh comma, Harrower .hall not d/itrg, Ad"d car i punk t?? ?wre. 046t Which. are beyond Borrowers tostrol. dmassVe P"UPO 711, Borrower araU be in dedsat if ?' slaw the Property to de[mrirrrsla, or commit wage on the IardOrs geed fdtb i0yAwhilum sttfma er proceeding, wkdh r eW ar crlMiasl, 4 begun that in by ? ? jma?ggtgmmmg Jmd ?t muM ,e* iD fmtdtttre or ere propotly or atherwlm aw-LaUy Impair the lien accred by PW Or proceeding to be Cho U It by coming an icy 56 orlty • lorromwr mV Mao Match a default and ralwta 8. as prodded to a ? Perms fmfeaitma of the Borr brt tmest m 11, ho? a am" ta+aww o ion fU. tin ? 3apri4' Iastrameat ar L eadda pncmmmt of the U. ,ag w(ty htaaeat. ar ara8 oleo be in defattR if Harrower, during irwida Landed Tab may satorw tokw "a or teaanfala w lafaanmaliea or uatemeata to Lender ((or Ulcd to Honked W ropmesuladom ) m m toaeeotioo with dhs loan mvldaaced the Notes, hreludlag, but not Tasrrrrmae is m a ma,abld. eo4° `w, ne1l0`moves O -p_q of the prop m a principal residanma. it W. Soe.Aty Prolwq, We temsehotd acrd the he this slgli ap(y wstr W the provldoss the ]rem. U Borrower aoqufrce fee title to erK unless Lender mgree$ to the Mager in wridag. aha?al Vkanh Peru AM PIN ?errio/?pirp T-319 P012/091 F-943 ooao1O yiti , 37 LOAN ID; 00066717 09-06-`07 08:40 FROM-Premier Abstract 7175456163 T-319 P013/091 F-943 7. ft teyttm orI sa lw-, PJ&W to the Property. if 8orroMer fail In perform the cuvoaants and agreements ao hbmd in this Stsxuity Ittstrunaolt or tbae is a kpt proceeding that may aisof for bl feiturWWed or to Leaderea'fs rotcoights in laws the or Ptoperty (rich a_ a ?rocaediot; in baakrupw. probate. fa coedocras" oa of for Lapde{ s engaladoas), ties Lao.E coq de Final pay for V"ww is neewaty to protect the valve or the Property a rights is dm Trap" Landrla tenors may tonhtde paying say sums secured a Ir ?p make ant ins. $aenrky Enstrumea4 arrea'ing in court, pelt rearaaable ettorn eW fans and entering on the Property ro ps Aithwtgh Lander easy tale mak, under able, pvugrepb 7. Lender does cot have to do sa. Any smart as Alsbersed by Lander under thla VmWa ph 7 shall became additional debt of Borrower somod by with Ipsym upon hese amounts tits Security IntarUMAL Utilities norrtlssr and Lender agree to other Rescue of from Lender er notieti interest from the thtta at diabttrsemma at the Now rate and Ahoy be psya a Beare requineft PAVOWL If Leader requ4ed vourtgags ittvracoe as a cordkion of making the loan secured by this g.IMerlpgs ebed the premiums required to maintain the mortgage insurance in effect. If, for say means, d do nrtarams ells bo uass pay Lender lapses or mans to be in affect, Borrower shall pay the pvoth rogphi t W to obble,ee cuW aw od by otvalem to the mwWp irsureaee previously In effect. at a Cosa bdooli t to din co age rtbelandlaetiw e9 in 4-Ted, from an alternate to the curt to Borrow of the moeyage laaararsm peevlonsb m approved by Lender. If aubsaeddly oqufnlaot arortgaga iwnranoe coverage is not available. Bono" Phil pay to Lander auk meath a sun equal to onoftzilllb of of be is telfedLe nda tawill e insti oc and retain, t sing catierson, brand at aimed hisaw paidns is as arlo e m thehtwrsaaFi an Lora teassre payments stay ma longer be re red, at the paysaeW as s bas na In liar of mortgage lbo amount and for the period that Lender require) provided by Ginn of Lender, ff a boicasom arallable, &ad is obtdned. Borrower shall pay the premiums requRtd to an insurer appeared by Leader slats aMe a loss rsservr, until the uirement for mortgage insurance ands in accordance irwriaa Ilk o attest, or a pr Lesulor or le law. 9. Inapsatltr. Lands a sn psi with asgrwrir he agent ts coq make eals Ba ta+sa+sirsable sad estritrew a upon n and b inspections of this Property lender err its idirect o cuss for the inspection. shat also Barrotrer stotlw at t? doe of air ? ?to an d er?°n Wda`w' Xs reasonable connection 0. tCwderaadem.'ltis [or damugas, dheet or corarequential, in gn with ash coodomaedpa at other taa??oo?g of Bay part of the property, or for coeve ence In lieu or condemnation, are hereby mair" sad Rhad be paid to l oedec ds shag be applied to the sums secured by this Security of a in rho aural er o nWet eal thus hying g, lthe any woos Trap co Ihs ? IAOoBorrower. In the event of a partial taking of the Property wilath ek market of d die o to immediately before the taking 4 equal to or pre ter than the amount of thtoe waemhirls a thscoured e fair by dots Sect r ltrumi d Immediately before the taking, unless Bnrrowor and Lender othonwise dear by met by this Bonn* iasir Insti somas is vdlrq. ilia Warss e sett rad by this orett slap be reduced fit die amount of the premeds multiplied the foboatlng fracllae: (a) the totai amount of the sums seemed immedli gut, before the tal mrcturlded by (h) the air by o the vFilae of the Property heoediefely before the taking. Any 1M40e0 shall be paid to *want of a partial Uking of its nap" immediately before the taking is in Which the fair marks value of the Property i Lander and lees then the i oo" of its aunt sno wed immediately before the tahlo(k u less Bd t tower he sand secured by ask gecgree I. waiting or calm apptlcebie 1w othrvdse provides, the proceeds shall applied loammaer Whom" or ant the cum we Ilan due. ers If Rho property is sbandauad by Borrower, or il? alter wall" by Lender to Borrower that the co dem the offte the make as owes d or settle a claim for damages, Borrower falls to respond to Lender within 30 days allcr notice ispww, Leader is vAboriaed to called and apply the proceeds, at its option, either to restoration or repair of the Proar to the sums secured by"Sxvrigr Instrunn", whether or not them due. to heal ,l„y not emend Unless under tied Borrower otherwise agree in writing, say appNOWOn of proeaede pr pel or PoidP°ea go doe date of the monthly payrmaala nfsned to in paragraphs I and 2 or cbaoge the amount of suet pro ILL NonvvW Not iaed ft$guvmm By Leader Not a Waiver. Eds"os of the time for payment or roodrmdioa of anerlleadms of the sums Raw ad by" instrument granted by Lender to any successor in bRe(eat of Borrower shat eat eperde to release the 10*1 y of lbe original Borrower err Borrower's successors in against soy successor In interest or refuse to extend than for pry aLoader shall sat reodif rosmaconavence sd:atwa of by this Security Itiammont by reason of any the sum sucturcid than for ralor otherwise redly forgxaraace by Lender in exercisinlt tkmand sale by d" oriAled Barowar err Borro9res'a succesors is iaterrsR. pd nor ckht orscowdy sWl oot ba a wairar afar prwduds der su rr9r ofamyrighi or reme covenants 311. Sreessw o BadAwku ftum4Jestssaidgww nl glFihl"Coal/sara The and agrto esmtheaarsorovif this obis Secueiq ledrum mt ahal biod ask beselt the attoos mm and malice of Lender sad Borrower, sabJea p paragraph 17. gt s shall be joint and several. Any Borrower who co-signs this Se bpi but kdo'arat a not ad aalrm sad otvs (a) emigr laatttrttrt b asrente the Nde: (a) 1s ro-aigskoL We Security Instrument eat.bt) in noap w?naally wad coeiey that swmwWs hilerert In the Propasty wader the teems of this Security pbiiptad to pay the daps seared by this SeatritY Isslroweali and (c) agrees that Lender and any other However may or metro say ac oommodadtms with regrd to the terms of this Security instrument or ogees to ore/aad, split): forbasr the Notewidhootthat Borrowers wanaa a" Stencrity Ustrumwt 4 aubjact tc a law which eats maximum Ioan 37.Lsara Chaepa. If tine low secured by cbwp% end dint taw is 6aalgr iotoriffe d so that the Internet or other loan chergoa collected or to be colicded in castroetioa with the lam aamsd the permitted limits. tier; (a) any such loan charge shalt be reduced by On amount rnaassesy to rodaw the charge to the emitted Emit; and (b) any sums alroady sotbctod from Borrower which eJ to Borrower. Lender may choose to coal o this refwad by reducing tho eroaedad wW un d dsr a limns tNoteriS or be bym •a alum PBYOfOat to Borrower. If a rerund reduces principal, the reduction wW be be el treated il as tse e partial payment charge, wader this Note. critl prepgIMF (a In dais Swrity IoNr=W shall be gWon by dolivering it or by led, It by Ce. Amy oalbe W asst appiliabla ? r?4q can of eater method. The notfre shall be directed to the msi}lag It by s der sad rrloaddoms s r dedgiaata by notice to Leader. Any notice to Leader shall be gives by PtopoedAd3er a a4otha staled firma or my other address Lender designates by cotioc to Borrower. Any fast ovi sadiel d f to or this Undoes In 66 eddSSecurity +s lattriame>H sleek be doomed to have boom giver` to Borrower or Lender when given Jews nodea s Fr pr as provided is this paragraph. Yon 1019 s/00 (PW J 45 #-1-) sraawv-00 IRAN ID: 0006671'1 gaaiK248y act f 38 1 11 09-06-'07 08:40 FROM-Premier Abstract 7175456163 tI' Gwascabff IMq 8svemW* Thla Sah-4 laatrnmeat -hall ba govsrmed by federal law and the law of the j t r b s "000=0114 toperq b t o t w t e d 10 the oeeet that soy Wv*bom ar r]ausa of hire Security Inatrum ant or the with kw, cocci wnB(R shale not affect other pmvwm of" Security ieatrumoot or the Noto which ire be Sim aMot wLhmd &C mem"iCing Pravbba. Ta"sad the Provtdoms of this Security Instrument and the Noce an declared to be severable. 17. Titwenfaa of ILu ?ra? sh? ba?a one cdcopyof the Note and of"Securily f usn umeal. le it to amid Or trandarred (or If a beavallcial in Borrower 4 sold or or raneferred aired Bom&Aw is s act a natural pdeow) wkbmd lemdar's prier wrktea cmwo4 Leader may. at (te cpti^ require immediate payment in full of aR sums secured by fhb Swmily Iadraercot. Howeasy fhb options shalt pat be ersrelsed by Lender if csrscbe Is proWbitbd by federal bar Y a(the dean of this 3vcw* IwstrumteL If Under emereieas chit option. Under shall elm Borrower marks of accelentiow. The notice shall provide a period of sot fsa diem 30 days Arm the dace tbo no" L dc&Amd or malkd within which Borrower most pay W sums second by M 11ceslly bwhumea4. If Bmrw%wr fails to pay tbase aunts prior to the enpirstion of Ihb period, Lender may ln IL Illemseerle P406 vmhe afi'roneed;ee pwddu d by this Security iastrammt without further notica or demand an Borrower. of ? to B.heetatt: V Bdrrower'rmaata outak omditions, Borrower Ago have the right to have makwangent moa lay Inetrusnow dbcoodg med at -ay time prior to the moor of : (a) 5 days (or such other period as applicable law say sparll)r far reladamaoram)) before sale of the Property pursuant to any power of gale eonukxid In this Sarurity Instrument: or (b) entry of a Judgweat enfordmg this Security Instrunwme. Those conditions are that Bamewmr. (a) pays Lender a0 soma whidt rhea would be dim under this Security Instrument and the Note as If am uapleration had o ccurc*4 (b) cures any ddwsh or asy olhor wmoaata or agreements; (a) pays all capceaes incurred Its a dwdgl this Seae$y Iaatrutaco4 indm0ng. but not 6mlted to, reasonable atlorueys' foes; and (d) takes such action as Under say reassuggl y require to aum that rho iiem of this Scgmity Impramcz4 Lender's rights In the Property and 1lartowa Is abBptlom to pry the sums secured by thin Security loin, at shalt continue oachanged. Upon rciaWtemed byBorroMar, lhle security In"wag and tits Obligations soured hanby shall remain fully effocilve as if me AccalaaaHoa eud occurred. Hoymveq fhb r%W to relosiate 04 not apply in the cue of accelerations undo, pwrlQaph 17. 8oM of Nosy C lsamp efl.mam Servivar. The Note or a partW Inland is the Note (together with this Security Iastramra? may be told one or worm dm= w(tbmd prior notice to Borrower. A sale may resit to a change in the eery (eoaowa as the %^a Sesvkarl that eoSeds noaddy phrymmU due under the Note and this Socuelty lualrumeat, Than afro nW be one at iron changes of tba Low Sorvicar uareh acd to a ask of the Note. If there is a change of tho era a Sanders, Bograwwr will be ghvmn wdaw notice of the cban;e In accordance with paagraph 14 Am and airp&abie law. The adke will state lbw name ad adhboa of tho now loan Setvteer and tho address to which psymenu sbmdd be a wks.'Iya aatice wlr auto sawtain new adhar bafmwation required by applicable law. gb. Haardowe 8whsfennga Borrows eight not eaasa ar prsmit the proseneq use, d9cpoeal, storage, or ra:leasa of any Hav rdasw Swbaawoae ma or to the PhWq. Borrawai shell not do, nor allow anyone rho to do, anything affecting tha Prwperq that bin violation of any Bmviromaeatmf Law. The precedWS two smeeaoes shalt not apply to the prouoccy now, or storele an do Property of small gaaadtise of Hazardous Substances that am raerally, recognized to be grpamprimae ro mmaaal soaldewfb) luau sad - oWtaaamsa of the Property. Borrow " any onvermosgrod wpromptbv give Under web= motley of any invudpwa, claim. demand, Lawsuit or other action by gvwnkmy Private iearirowaentah U. of bb* awe her f party ImWeet V6 Property and any Hazardous Substances or ad U.4. 141 "vjWmy aWhs4y. Mad any removal ng saner senedial ant OfB uaowory Hazardous tearer.aaardous or b Substance tha Property or .Beaemnhwrraa4 affecting the P Prooperly Is Areseal n tits ProsmPalyfahn al mmommary remedial sextons ie aecordanca with Bnvirmemantd Lw. Osalgmph 20, lUatdous Sahdaacce am etas sobstsums de0med as rosin or hazardous staxis0e0a by lsairammcel law and the lmLoa, sub worm gasoSae, garonew, ad wr llmmable at tonic petroleum prodocM sods paatidda and berbicideh v*f4e advents, materials containing -demos a formaddchyde, and aadfoamn aanerisla. An weed ins this paraepaptu A avirammoatal Lawn mum federal kwa and laws of The Imrirttou where the Property to baated taut mate to health, safety at mwircenleotal protection. pIOBbTlPQP *M COVENANTS Borroaer and Leader further cowwwrat and agroo as fellows: 71. ApeieRtfop Banedina. Under aba8'elfre ranting to Baseman prior a aeakratloa following Borrowseo lawei Or way mouser Or wegweeent Ice fhb Seem* bubume (bat amt prior Is ara ss"Ow under paragraph 17 wren ayolfeahk law ins ed erwise). Leader shell aadfy Borzwww ail. aroma other tlhl"N (a) die dl?aulll (h) few NOW rwpbwd Y ewe Am dallank (c) wttaa Use d*Wt what be mnd; wed (d) that hours to cum the default as apedBed• terry IrawX d eeeelentl® of feu wins second by this Sarodty 1whumantr feredamre by Jadldal pwoautr- ed scale orris Prepeay. Ladw ¦hW further bferm Borrower at the sight to readiste after acceleration red the tight to avert Im fete frtawdwuxe gnesedba the measdateaxe of a dabaet or any saber de6eao of Bonoww to engderatiaw and fwucinsum If Our dalkelt is ant aged as epeelBad, Under at lea opdae may regain tmmediaa payment In 00 of salt sow entered by tWa SmmdV lashusswat wtdtoot briber demand and say foredo" this tlecuaMf Instrument -IVjudtdwl Pretending. Leader shaft be =I WW to coiled all n Vows Iseurred to punning the serdlar pnwidw In fib pares-Ph 71, 4cNdeo but not bWkd to, auorngye' 4w and costa of this evideem to the PWMWW I w @Wkmbie I- ra?°f 1S (baWaa Ups VaXvmg t of no soma secured by this $6cur ly faarumeoy this Security lusuumoat and the meats swayed AM termiaaa W brooms void. After such occurrence, lender sba0 dlrcharge and set* this Security 4ttruwwt wkbm shear to Borrows. Borrower shall pay any recordstom usu. 2T. Waivers. Bmaouw. , to the a0vat permitted by applicable laws wsivas and release any error or defects to prummod lea to awfmng this Sca elty Iau4wment, and busby waives the bauedt of any present or future laws providing ovid' for atW of wtnowelas, ew=Wos of tiros, owmpton firm suachnaat, levy red salt, and howcate id exemption. 21. Btdstatalaen^tlealed. Borrower's ties to retastete provided In paragraph Is 4w edema to one hour prior to rho aotmaraoewoaa ofbhfdleg at a ahesiS'a ado ng other safe ptusuaet ro ebb Seemity laatrtrmeat. 2Llfwvbaasadeagydwlpes, If any of the debt aewrad by ihb Seearky Insumacal is last to Borrower to "aim tide to the Property, fhb Soatdty Lwtrumant shah be it purchase matey mortgage. T-319 P014/091 F-943 1uarwrywaaa 90011489 real rare assn r/N (pW4@fjpWj IRAN ID: 00066717 1 , 09-06-`07 08:41 FROM-Premier Abstract 7175456163 26. intersst Rate Alter JodgmenL Borrower agrees [bat the interest rate payable after a judgment is entered on the Note or in no ration of mortgage r0ree108111te shall be the sate payabls from time to time der ode Irecorded DIc. tngethor 77. Rldera to this. Security Instrument. V arts or more riders are executed by with this Security Instrument, the covenants and aipwria its or each such rider shall be incorporated Into and shall amend and supptement the covenants and agreements of this Seeurity rnserument as if the rider(s) were a part of thin Sccwily Instrument. ]heck applicehle box(ew)) D Adjustable Rate Rider C] Condominium Rider 0 14 Family Rider 0 Graduated Payment Rider 0 Planned Unit Development Rider ? biweekly Payment Rider L) Balloon Rider 0 Rata improvement Rider ?S=nd Home Rider C3 O[her(s) ]specify] BY SIGNING BELOW, Borrower accepts and agrees to the arms and corcnsnts con(ainad in ibis Security Instrument and In any rider(s) executed by Borrower and re=dcd vdth it. V Witnossest 7 .- ?' - - (seat) FREDERICK MARK ESBLEMAN JR •BoFF0Wer S .(Seal) BECKY SliLPMAti Borrower (S-9 -Borrower (Seal) -Borrower ISVw ads gclhls Ltrw Tar Arkro W11m4011 COMMON,WL&LTI; OF FVM riVANIA, CUM ERLAND County set on this. the 7tl- day of October. 1998 before me,B PATRICIA. J. TNOM90N theundemigpedoRktr,personaY appeared pRCDERICK MARK ESHLEMAN. JR. and 13=y S. L>SRLGt1AM known to me (or setieraclodly proven) to be the person(s) whose name(s) is/are subscribed to the within lastrumont and acknowledged that he/sho/they exeea[ed the same for the purposes herein canlaiocd. IN W ITN BSS WHEREOF. I hereunto set my hand and oRcial seal. My Commission expires ,,.pNO Nbrgr '1 Hs ::c7:?4yti :` r :_YrMY ? :Y_ 'i _ti yr d?,,;y?y A 'A NI -1 PMdM11 -- ??aa'" e'?si r?rre P ??/c nh of 0rflnr ?srlesti9e's'M'rss lt9uit1489 rid + 40 ro..a 3ssr s/ra rras•s /?v?t•,? LUAM ID: 00066717 T-319 P015/091 F-943 09-06-'07 08:41 FROM-Premier Abstract 7175456163 T-319 P016/091 F-943 CERTIFICOLT$ OF RESIDENCE 1, OIAM DU1CK , DO HEREBY CERTIFY THAT THE CORRECT ADDRESS 0FTHHWI'I HNP1AWW LENDER IS SEYSTDn FlltANCIAl. WRTCACB 2270 SRIII COURT P.O. EOK 7678, LMICASTBR, PA 17604-7628_ Wamr my haW fhb 7th day o[ OCTOE6R , 1998 i of I.aadx n 0401489iict . 41 . ?.on.yy uynwi LOA31 ID: 00066717 I 09-06-`07 08:41 FROM-Premier Abstract 7175456163 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground sithtate in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and Sizes of Pa ylveoia. more Fartica"Jy hum" and desesibed as follows, iq wit: 1313GINNDIC st a pointae the northern aide of East Marble Suet axtanded, said point being one hundred away-five (175) fiat myur" along tie ttordism aids ofEtet Mubk SUat eumded In an esstatydirechon from the rrortheaat comer of East Marble Stns extended ad the Lower Sbepwdsw*m Rood: thence along property now or late of J.L. Illauser, Jr. and Kathleen G. Blaaser, his wife. in a esadaady direntios eras hen *W DRY-nine (139) he to a five (S) foot cuanent reserved for public utilities; theta along wid fire (y) foot easatrenu in as weedy rirecdon fifty (S% fees to proWy now or late of Paul T. Shearer and V iot=a Mae Shearer, his wife; thhuas Mang paid property now or late, of Past T. Strayer end Violets Mae Sharer, his wife, in ¦ southerly direction one hundred fiRywns(15" feet to the aardws ado of But Marble Street eitendW: thence along the northern aide of Fast Marble Street, extended in a wahsady dirotxion fifty (SO) feet to the place of BEGINNWG. BEING the aeon pretadsea which Mildred M. Bred, widow, by ker deed daled )one 11, 1994 and recorded Jane 20, 1994 in tke Office of the Oundierlad County Recorder of Deeds in Deed Book 107, Page 79 and re-recorded by corrective deed on July 13, 1994 in Dead Book 101. Page 417 granted and conveyed unto Frederick Mark Eshleman. Jr. and Becky S. Eshleman, husband and wife. _'i3 T-319 P017/091 F-943 EXHIBIT A tloox14891Pr<eE i42 ti VERIFICATION Scott A. Dietterick, Esquire hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 (c) and that the statements made in the foregoing pleading in the Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is the undersigned's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to SCdtt A.`Diettbr PA I.D..#55650 Dated: 10-63-61 7V 0 00 Ir h d O T] ^?- -? v c SHERIFF'S RETURN - REGULAR r CASE NO: 2007-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERICK M JR ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESHLEMAN FREDERICK M JR A/K/A FREDERICK MARK ESHLEMAN JR the DEFENDANT at 1840:00 HOURS, on the 25th day of October 2007 at 307 EAST MARBLE STREET MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 00 IiIo?IU? ?,,, ? 37.60 Sworn and Subscibed to before me this day of So Answers: r R. Thomas Kline 11/01/2007 ZUCKER GOLDBERG ACKERMAN By . zz Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR r• CASE NO: 2007-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERICK M JR ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RQUT.RMYKT T RWrVV C the DEFENDANT , at 1715:00 HOURS, on the 31st day of October , 2007 at 1077 NANROC DRIVE MECHANICSBURG, PA 17055 by handing to BECKY S ESHLEMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge II,G?r/G ? ?- 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this of day So Answers: r R. Thomas Kline 11/01/2007 ACKERMAN ZUCKER GOLDBERG 19 By: Dep ty Sheriff A. D. SHERIFF'S RETURN - NOT FOUND r (CASE NO: 2007-05860 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERICK M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Her in his bailiwick. , IN^AXTIT T T71TT Uf!11nT 'Unnn ut was He therefore returns the the within named DEFENDANT . ESHLEMAN BECKY S 307 EAST MARBLE STREET NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: R. ThomN-sKline Sheriff of Cumberland County ZUCKER GOLDBERG ACKERMAN 11/01/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND oo' CASE NO: 2007-05860 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERICK M JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick 11^IkAl-1T T TTTT T/f/'1nm UnnL, the within named DEFENDANT FREDERICK MARY ESHLEMAN JR 1077 NANROC DRIVE MARY ESHLEMAN JR but was He therefore returns the NOT FOUND as to ESHLEMAN FREDERICK M JR AKA MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 11) bq) D'( So answers: 6.00 21.12 r -? 5.00 R. Thomas Kli 10.00 Sheriff of Cumberland County .00 42.12 ZUCKER GOLDBERG ACKERMAN 11/01/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank, Plaintiff vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman; CIVIL DIVISION No.: 2007-05860 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 307 East Marble Street Mechanicsburg, PA 17055 51'z?u -L&--, Attorney for Plaintiff FILED ON BEHALF OF: M&T Bank Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 /Eric Santos, Esquire Pa I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-91316 Zucker, Goldberg & Ackerman, LLC XCP-91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman; Defendant(s). PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Frederick Mark Eshleman Jr. and Becky S. Eshleman, husband and wife, in the amount of $125,616.51 which is itemized as follows for failure to file an Answer: Principal $114,237.80 Interest through 01/10/2008 $6,755.13 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 181.20 Escrow $ 605.38 Miscellaneous $ 87.00 Total $125,616.51 plus interest on the principal sum ($114,237.80) from January 10, 2008, at the rate of $23.86 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the Mortgaged premises. By: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. 4202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-91316 Zucker, Goldberg & Ackerman, LLC XCP-91316 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Sworn to and subscribed before me This /O'4 day of January, 2008 Notary Public My Commission Expires: MART LIMMER N'TARY'.,1? itl?u/JERSEI/ COIWI SSICJI+ 11EA¢4lCs 1a'1gV201I Zucker, Goldberg & Ackerman, LLC XCP-91316 ; ATOR .. Q x . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank VS. Plaintiff, Frederick M. Eshleman, Jr. aik/a Frederick Mark Eshleman, Jr. Defendant. CIVIL DIVISION NO.: 2007-05860 IMPORTANT NOTICE TO: Frederick M. Eshleman, Jr. alk/a Frederick Mark Eshleman, Jr 307 East Maple Street Mechanicsburg, PA 17055 DATE OF NOTICE: 11/23/2007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y 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 YOUR 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. NOTIC_F TO DEFEND JtLANVYFRREFERP-4,L SERNICF Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank Plaintiff, CIVIL DIVISION NO.: 2007-05860 vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. Defendant. AVISO INIPORT ANTE TO: Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr 307 East Maple Street Mechanicsburg, PA 17055 FECHA DEL AVISO:11/23/2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INIu1EDIATANIENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO WICADA PARA QUE LE INFORNIEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND Lt LAINWERREFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY:_ _Scatt a. Diette4ick Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank CIVIL DIVISION Plaintiff, vs. NO.: 2007-05860 Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. Defendant. IMPORTANT NOTICE TO: Becky S. Eshleman 307 East Maple Street Mechanicsburg, PA 17055 DATE OF NOTICE: 11/23/2007 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR 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. NOTICE TO DEFEND &- LANIVYFR REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank CIVIL DIVISION Plaintiff, NO.: 2007-05860 VS. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. Defendant. AVISO ] 4IPORTAly'TE TO: Becky S. Eshleman 307 East Maple Street Mechanicsburg, PA 17055 FECHA DEL AVISO:11/23/2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO Il\]MEDIATAMENI'E A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO DdDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LA'IVYERREFERRAL STRN,ICF Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &.ACKERMAN BY, Scatt a- iette i& Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P. O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 91316 jar, 10, 20?R 2:54PM Camherland 'V o. ShPriffJRN - REGULAR CASE NO: 2007-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEM1aN FREDERICK M JR ET AL 1/4 MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESHLEMAN FREDERICK M JR A/K/A FREDERICK MARK ESHLEMAN JR the DEFENDANT , at 1540:00 HOURS, on the 25th day of October , 2007 at 307 EAST MARBLE STREET MECHANICSBURG, PA 17055 by handing to FREDERICK ESHLEMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline 37.60 12/01/2007 ZUCKER GOLDBERG ACKERMAN Sworn and Subscibed to By: %./ before me this day Deputy Sheriff of A.D. 81310 1 )an, 1?1 2(1!18 2;FdPM Cumber I ar? 'hPri?IRN - REGULAR CASE NO: 2007-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS ESHLEMAN FREDERICK M JR ET AL No. 3,996 i/4 STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESHLEMAN BECKY S the DEFENDANT, at 1715:00 HOURS, on the 31st 4ay of October , 2007 at 1077 NANROC DRIVE MECHANICSBURG, PA 17055 by handing to BECKY S ESHLEMAN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00r;-? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 11/01/2007 ZUCKER GOLDBERG ACKERMAN Sworn and Subscibed to By: before me this day Dep ty Sheriff of A. D. 0 -iP- ? o ? s a r N -TJ pool E3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman; _ Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on i L31 40P ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $125,616.51 plus interest on the principal sum ($114,237.80) from January 10, 2008, at the rate of $23.86 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. G Zucker, Goldberg & Ackerman, LLC XCP-91316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T Bank CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr.; Becky S. Eshleman; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Becky S. Eshleman ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on I& Log ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $125,616.51 plus interest on the principal sum ($114,237.80) from January 10, 2008, at the rate of $23.86 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. K-I?x "" "3' 'Perrt??"? k7 Zucker, Goldberg & Ackerman, LLC XCP-91316 r « IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION M&T BANK. File No. 2007-05860 Amount Due $125.616.51 vs Plaintiff. Interest from 01/] 012 009 to date of sale $7-945.38 FREDERICK M. ESHLEMAN- JR. AWA Costs FREDERICK MARK ESHLEMAN,.: BECKY S. ESHLEMAN Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of 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. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list): and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Zucker. Goldberg & Ackerman. LLC XCP-91316 (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: February 15, 2008 Signature: -. I Print Name: Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Address: Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone: 908-233-8500 Supreme Court ID No 55650 89705 202567 201493 Zucker. Goldberg & Ackerman, LLC XCP-91316 ?V c? 00 L -p N CTI 0 0 (b 0 fA-) V 1 1 D SJ -F OQ b` -? (f7 Y o 0 00 9 005 3 C? fr'r _t rh.a CZ) C ('°rl C.;; N N) :-1 t`'7 C Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBERLAND COUNTY. STATE OF PENNSYLVANIA. AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 433. ID# 17-24-0787-088. BEING KNOWN AND DESIGNATED AS: THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG. COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA. MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUDNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER_ HIS WIFE_ IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE_ THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE_ IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED; THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088 Zucker. Goldberg & Ackerman, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, : NO.:2007-05860 vs. FREDERICK M. ESHLEMAN, J R- A/K/A FREDERICK MARK ESHLEMAN, JR.,- BECKY S. ESHLEMAN Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 M&T Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 307 East Marble Street, Mechanicsburg, PA 17055. 1. Name and Address of Owner(s) or Reputed Owner(s): FREDERICK MARK ESHLEMAN JR. AND BECKY S. ESHLEMAN 307 East Marble Street Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR. 307 East Marble Street Mechanicsburg, PA 17055 BECKY S. ESHLEMAN 1077 Nanroc Drive Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T BANK Plaintiff Zucker. Goldberg & Ackerman. LLC XC P-91316 4. Name and Address of the last record holder of every mortgage of record: M&T BANK Plaintiff RESIDENTIAL FUNDING CORP. 11417 Sunset Hills Road, Suite 228 Reston, VA 20190 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 307 East Marble Street Mechanicsburg, PA 17055 UNKNOWN SPOUSE 307 East Marble Street Mechanicsburg, PA 17055 Zucker, Goldberg & Ackennan, LLC XCP-91316 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept- 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities- ZUCKER GOLDBERG &- ACKERMAN LL. Dated: February 15, 2008 BY: ' Scott A. Dietterick, Esquire, PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D- #89705 Richard P. Haber, Esquire, PA 1.D. 4202567 Eric Santos, Esquire-, PA I.D 4201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No. _ XCP-91316 (908) 233-8500; (908) 233-1' )90 FAX 7ucker_ Goldberg & Ackerman. LLC XCP-91316 na C_7 _? t_ ND 77 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR..- BECKY S. ESHLEMAN,- Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Frederick M_ Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. 307 East Marble Street Mechanicsburg, PA 17055 TAKE NOTICE. That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr. and Becky S. Eshleman Zucker, Goldberg & Ackerman, LLC XCP-91316 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY- It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE:- I . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff s Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor Zucker. Goldberg & Ackerman, LLC XCP-91316 r or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLIOI G &A- AN, LLC Dated: February 15, 2008 BY: Scott A. iet rick, s wire; P I.D. #55650 Kimberly A. Bonner, squire; VA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. 4202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman. LLC XCP-91316 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 431 ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS. THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUNNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L_ BLAUSER, JR. AND KATHLEEN G. BLAUSER_ HIS WIFE. IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER, HIS WIFE: THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE, IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED. THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, Plaintiff, vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.,- BECKY S. ESHLEMAN, Defendants. CIVIL DIVISION NO.: 2007-05860 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Becky S. Eshleman 1077 Nanroc Drive Mechanicsburg, PA 17055 TAKE NOTICE: Becky S. Eshleman/Current Occupant 307 East Marble Street Mechanicsburg, PA 17055 That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is., 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 Zucker; Goldberg & Ackerman. LLC XCP-91316 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr. and Becky S. Eshleman, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing-exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE l . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker. Goldberg & Ackerman; LLC XCP-91316 1 After the Sheriff s Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation offhe petition to the Court. ZUCKER GOLDOEW &,,1 ,KHAN. LLC Dated: February 15, 2008 BY: Scott A. D6aVrick, re; PA M. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire, PA.I.D. #202567 Eric Santos, Esquire; PA I D. 4201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP -91316 (908) 233-8500; .(908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker. Goldberg & Ackerman, LLC XCP-91316 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 431 ID# I7-24-0787-088, BEING KNOWN AND DESIGNATED AS; THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG_ COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA. MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUNNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER, HIS WIFE_ IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER, HIS WIFE: THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE, IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED; THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No_: 17-24-0787 Parcel No. 088 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5860 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From FREDERICK M. ESHLEMAN, JR., a/k/a FREDERICK MARK ESHLEMAN, JR., & BECKY S. ESHLEMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,616.51 L.L. $.50 Interest from 1/10/08 to date of sale -- $7,945.38 Atty's Comm % Arty Paid $235.72 Plaintiff Paid Date: 2/22/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs JIA Prothonotary By: Deputy Name SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHLEMAN : Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 M&T Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 307 East Marble Street, Mechanicsburg, PA 17055. 1. Name and Address of Owner(s) or Reputed Owner(s): FREDERICK MARK ESHLEMAN JR. AND BECKY S. ESHLEMAN 307 East Marble Street Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR. 307 East Marble Street Mechanicsburg, PA 17055 BECKY S. ESHLEMAN 1077 Nanroc Drive Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T BANK Plaintiff 1 PENNSY SUPPLY, INC. 1001 Paxton St. P.O. Box 3331 Harrisburg, PA 17104 PENNSY SUPPLY, INC. c/o W. Scott Henning, Esq. 1300 Linglestown Road Harrisburg, PA 17110 BOROUGH OF MECHANICSBURG c/o David J. Spotts, Esq. 36 West Allen St. Mechanicsburg, PA 17055 BOROUGH OF MECHANICSBURG W. Strawberry at North Market St. Mechanicsburg, PA 17055 4. Name and Address of the last record holder of every mortgage of record: M&T BANK Plaintiff RESIDENTIAL FUNDING CORP. 11417 Sunset Hills Road, Suite 228 Reston, VA 20190 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 Alt 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 307 East Marble Street Mechanicsburg, PA 17055 UNKNOWN SPOUSE 307 East Marble Street Mechanicsburg, PA 17055 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: -`Z = ScotrA. Dietteiick,-Es-hire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Dated: May 9, 2008 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX rv CCJ -) A ? a ? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. Sheriff Sale FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; TYPE OF PLEADING BECKY S. ESHLEMAN; Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT Defendants. OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: M&T Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office zucker2oldberii.com File No.: XCP- 91316/ml IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, : CIVIL DIVISION Plaintiff, : NO.: 2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHLEMAN Defendants Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Marie Lindner, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, M&T Bank, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: Defendants, Frederick Mark Eshleman Jr. and Becky S. Eshleman, husband and wife, are the record owners of the real property. 2. On or about 4/14/08, Frederick Mark Eshleman Jr. was served with Plaintiffs Notice of Sheriff s Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at 307 East Marble Street, Mechanicsburg, PA 17055. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 4/14/08, Becky S. Eshleman, was served with Plaintiffs Notice of Sheriff s Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Zucker, Goldberg & Ackerman, LLC XCP-91316 Cumberland County, at 1077 Nanroc Drive, Mechanicsburg, PA 17055. A true and correct copy of said Notice and Return of Service are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about 5/12/08, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff s Affidavit Pursuant to rule 3129. 1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff s Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Attorneys for Plaintiff Dated: May 19, 2008 MARIE LINDNER Paralegal Sworn to and subscribed before m! ee this 19th day of May, 2008 Notar ublic MY COMMISSION EXPIRES: KELLY A. QUINN A NOTARY PUBLIC OF NEW JERSEY My Commission Expire 1012312012 Zucker, Goldberg & Ackerman, LLC XCP-91316 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-91316 M & T Bank In the Court of Common Pleas of vs Cumberland County, Pennsylvania Frederick M. Eshleman, Jr., a/k/a Frederick Writ No. 2007-5860 Civil Term Mark Eshleman, Jr. and Becky S. Eshleman Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Frederick Eshleman personally at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2008 at 2045 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Becky Eshleman personally at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman located at 350 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the . above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and by regular mail to his last known address of 307 East Marble Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Becky S. Eshleman by regular mail to her last known address of 1077 Nanroc Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs . Office. So Answers: R. Thomas Kline, eriff BY ReaAEstat ergeant ql3/? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, vs. FREDERICK M. ESHLEMAN, JR_ A/K/A FREDERICK MARK ESHLEMAN, JR.,- BECKY S. ESHLEMAN; Defendants. NO.: 2007-05860 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. - . , 307 East Marble Street Mechanicsburg, PA 17055 7161] 3901 9845 4369 3961 ??? TAKE NOTICE: ?Mg That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10.00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr. and Becky S. Eshleman Zucker, Goldberg & Ackerman, LLC XCP-91316 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitles or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about --the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF PROPERTY. It has been issued because there is a Judgment against you- It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. OU SHOULD TAKE THIS PAPER TO Y FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: O I - You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3- A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor Zucker. Goldberg & Ackerman, LLC XCP-91316 or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL0qTj&G &/A?AN,_ LLC Dated: February 15, 2008 BY: Scott A. iet rick, squire; P J.D. 455650 Kimberly A. Bonner, squire; AID. #89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker. Goldberg & Ackerman. LLC XCP-91316 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBE PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 433. ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS; RLAND COQ'- STATE OF > ING THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA. MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS. TO WIT: THE BOROUGH OF BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT ONE HUDNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE BEING STREET EXTENDED AND ARBLE THE LOWER SHEPERDSTOWN ROAD; THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER. HIS WIFE. IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES: SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEE]- TO PROPERTY NOW OR OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE: THENCE ALONG SAID PROPERTY THENCE NOW ALONG LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER- HIS WIFE. IN A SOUTHERLY DIRECTION O LATE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED- T OR ALONG THE NORTHERN SIDE OF EAST MARBLE STREET, EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. THENCE HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Mechanicsburg, PA, 17055. Street, BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 10 433, granted and conveyed unto Frederick Mark Eshleman Jr_ and Becky S. Eshl 8> Page Y eman Tax Map No.: 17-24_0787 Parcel No. 088 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-91316 M & T Bank In the Court of Common Pleas of vs Cumberland County, Pennsylvania Frederick M. Eshleman, Jr., a/k/a Frederick Writ No. 2007-5860 Civil Term Mark Eshleman, Jr. and Becky S. Eshleman Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Frederick Eshleman personally at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2008 at 2045 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Becky Eshleman personally at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman located at 350 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and by regular mail to his last known address of 307 East Marble Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Becky S. Eshleman by regular mail to her last known address of 1077 Nanroc Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs . Office. So Answers: R. Thomas Kline, eeriff BY 4Estat Rea eant q1316 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO-: 2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHI.FMAN Defendants. i NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Becky S. Eshleman/Current Occupant 1077 Nanroc Drive 307 East Marble Street Mechanicsburg, PA 17055 Mechanicsburg, PA -17055 TAKE NOTICE: 7160 3901 9845 4369 3947 SENDERS.RECORD That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/1 1/2008 at I0:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 Zucker; Goldberg & Ackerman. LLC XCP-91316 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr. and Becky S, Eshleman, husband and wife A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing-exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule ofDistribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. 'HIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. T CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1- You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you_ Zucker, Goldberg & Ackerman. LLC XCP-91316 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly. inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of1he petition to the Court. ZUCKER GOLDAEW & ,??AN_ LLC Dated: February 15, 2008 BY: Scott A. rijk, ? 4ekAA I. #55650 Kimberly A. Bonner, Esquire; PA I D. #89705 Richard P. Haber, Esquire; PA.I.D. 4202567 Eric Santos, Esquire; PA LD_ 4201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500, (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman; LLC XCP-91316 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG_ CUMBERLAND COUNTY PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 433, ID# 17-24-0787_088, BEING KNOWN AND DESIGNATED AS; STATE OF THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BORO MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT ONE HUNNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE BEING STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER. HIS WIFE. IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LA OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE: THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER HIS WIFE, IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED: THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY 50 FEET TO THE PLACE OF BEGINNING E HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Erie], by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Pa e 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman g Tax Map No.: 17-24-0787 Parcel No. 088 EXHIBIT C Zucker, Goldberg & Ackerman, LLC XCP-91316 UNITED STATES POSTAL SERVICEp This Certificate of Mailing provides evidence that mail has been prescmcd to USPS® for mailing. This I and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 .?p(FS POgT Z vrTIVEVV BOWES 02 1M ?''.?d 0004253133 MAY09 2008 MAI LED FROM ZIP CODE 07092 XCP-91316/ml T' UNKNOWN SPOUSE Postmark Here 307 East Marble Street Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SfRVICEc This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. Th and international mail. From: Scott A. Dietterick, Esquire c16 Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing Certificate Of MAY 12 2006 Pcs?t cb, V, z `{/fit ' 7 " 'yy PITNEV BU{NES 02 1M $ 01.050 00042531 33 MAY 09 2008 MAILED FROM ZIPCODE 07092 XCP-91316/ml To: BOROUGH OF MECHANICSBURG Postmark Here c/o David J. Spotts, Esq. 36 West Allen St. Mechanicsburg, PA 17055 MAY 12 M PS Form 3817, April 2007 PSN 7530-02-000-9065 ,. V UNITEDsTwES AO TAL .SEROCEe This Certificate of Mailing provides evidence that mail has been and international mail preserved to USPS® for mailing. This f . From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mallinu -S P% z f C --mw?' PIENEy , 02 1M $01 .050 0004253133 MAY09 2008 MAILED FROM ZIPCODE 07092 XCP-91316/ml TO: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE Postmark Here P.O. Box 2675-??IEIp? Harrisburg, PA 17105 .???? PS Fonn 3817, April 2007 PSN 7530-02-000-9065 JUUNITED STI u POSTAL SERVICEc, This Certificate of Mailing provide evidence that mail has been and international mail. presented to USPS® for mailing. This fog From: Scott A. Dietterick, Esquire C/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailin,e S?Pes P%' A Alf z PITNEY Hovws 02 1M $ 01.050 0004253133 MAY09 2008 MAILED FROM ZIPCODE 07092 XCP-91316/ml T CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Postmark Here Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 MAY 12 2WO UNITED STATES POSTAL SERVICE, This Certificate of Mailing provides evidence that mail has been presented to USPST for mailing. TI and intemational mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing S5Ases POST q Aft Z e PITNEY BOWES 02 1M $ 01.050 00042531 33 MAY 09 2008 MAILED FROM ZIP CODE 0 7092 XCP-91316/ml To: RESIDENTIAL FUNDING CORP. Postmark Here 11417 Sunset Hills Road, Suite 228 !lrL. Reston, VA 20190 ?+??'? ? 22008 a PS Form 3817, April 2007 PSN 7530-02- k 000-9065 V UNITED STATES POSTAL SERVICE, This Certificate of Mailing provides evidence that mail has beer, presented to USPSra and imemational mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, 1 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing yaps POS ' ?p F 7 wTNEV eowEs 02 1M $ 01.05° 00042531 33 MAY 09 2008 MAILED FROM ZIP CODE 07092 XCP-91316/ml To: CUMBERLAND COUNTY TAX CLAIM BUREAU Postmark Here Cumberland County Courthouse One Courthouse Square ClAY ? Carlisle, PA 17013 008 PS F onn 3817, April 2007 PSN 7530-02-000-9065 ?3 UNITEDSTATES Certificate Of POSTAL SERVIEE4 Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may d and intemanonal mail. Q??Ptes PQ& From: 9 Scott A. Dietterick, Esquire . Is _ c/o Zucker, Goldberg & Ackerman, LLC Z , PITNEY BOVOES 200 Sheffield Street, Suite 301 02 1M $ 01.450 0004253133 MAY09 2008 Mountainside, NJ 07092 MAILED FROM ZIP CODE 07092 xUl'-91316/ml To: PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Postmark Here Dept. 280601 Harrisburg, PA 17128-0601 PS Form 3817, April 2007 PSN 7530-02-000-9065 MAY 12 JUUIVITEDSTATES Certificate Of ISERVICE, This Cenificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be usd and international mail. From: Scott A. Dietterick, Esquire 17d 0 ow--99& c/o Zucker, Goldberg & Ackerman, LLC 02 IM @ 200 Sheffield Street, Suite 301 i 0004253133 ?PMA?'S s Mountainside, NJ 07092 MAILED FROM ZIP CODE 0 7092 XCP-91316/ml To: UNKNOWN TENANT OR TENANTS Postmark Here 307 East Marble Street Mechanicsburg, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 MAY 12 2008 UNITEDSTATE r Certificate Of I'+aSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may 1 and international mail. From: Scott A. Dietterick, Esquire C/o Zucker, Goldberg & Ackerman, LLC ------------------------------------ 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 od A > z' T PITNEY laowEs 02 iM Q'',050 0004253133 MAY 09 2008 MAILED FROM ZIP CODE 07092 XCP-91316/ml To: PENNSY SUPPLY, INC. Postmark Here 1001 Paxton St. P.O. Box 3331 Harrisburg, PA 17104 Certificate Of MaiUme t1AY 12.20 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE,,, This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 ?0 es POST.e? 4 yc<` PITNEY BOWES 02 1M $ 01.050 r 0004253133 MAY09 2008 MAILED FROM ZIP CODE 07092 XCP-91316/ml To: PENNSY SUPPLY, INC. Postmark Here c/o W. Scott Henning, Esq. 1300 Linglestown Road 161 ? Harrisburg, PA 17110 MAY 12.E PS Form 3817, April 2007 PSN 7530-02-000-9065 JOUNITED STATES POSTAL S€,RVICE This Certificate of Mailing provides evidence that mail has been presented to USPS* for mailir and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing MTNEY BOWES 02 1M $ 01.050 0004253133 MAY09 2008 MAILED FROM ZIPCODE 0 7092 XCP-91316/m1 To: BOROUGH OF MECHANICSBURG Postmark Here W. Strawberry at North Market St. Mechanicsburg, PA 17055 mAY 12 2 PS Form 3817, April 2007 PSN 7530-02-000-9065 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, vs. Plaintiff, FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHLEMAN; Defendants. : CIVIL DIVISION NO.: 2007-05860 NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST TO: PURSUANT TO Pa R C P 3129(b) CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 UNKNOWN SPOUSE 307 East Marble Street Mechanicsburg, PA 17055 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 PENNSY SUPPLY, INC. 1001 Paxton St. P.O. Box 3331 Harrisburg, PA 17104 BOROUGH OF MECHANICSBURG c/o David J. Spotts, Esq. 36 West Allen St. Mechanicsburg, PA 17055 UNKNOWN TENANT OR TENANTS 307 East Marble Street Mechanicsburg, PA 17055 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 RESIDENTIAL FUNDING CORP. 11417 Sunset Hills Road, Suite 228 Reston, VA 20190 PENNSY SUPPLY, INC. c/o W. Scott Henning, Esq. 1300 Linglestown Road Harrisburg, PA 17110 BOROUGH OF MECHANICSBURG W. Strawberry at North Market St. Mechanicsburg, PA 17055 Zucker, Goldberg & Ackerman, LLC XCP-91316 91316D1004CO5072008P1 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 06/11/2008 at 10:00am, the following described real estate which Frederick Mark Eshleman Jr. and Becky S. Eshleman, husband and wife are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 307 East Marble Street, Mechanicsburg, PA 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") Zucker, Goldberg & Ackerman, LLC XCP-91316 91316D1004C05072008P2 The said Writ of Execution has been issued on a judgment in the action of M&T Bank Plaintiff vs. Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. Defendant at EX. NO. 2007-05860 in the amount of $125,616.51 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAN LLC Dated: BY': May 7, 2008 Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-91316 91316D1004C05072008P2 Exhibit "A" LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG, CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108, PAGE 433, ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS; THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUDNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD; THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER, HIS WIFE, IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER, HIS WIFE; THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER, HIS WIFE, IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED; THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET, EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Erie], by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088 Zucker, Goldberg & Ackennan, LLC XCP-91316 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T BANK is the grantee the same having been sold to said grantee on the I ITH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 22 day of FEB, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 5860, at the suit of M & T BANK against fREDERICK M ESHLEMAN JR AKA FREDERICK MARK JR & BECKY S is duly recorded as Instrument Number 200820753. IN TESTIMONY WHEREOF, I have hereunto set my hand and of said office this day of c;umbecl County. COW W , PA *08 the Fleet Monday ctioL a p M & T Bank In the Court of Common Pleas of vs Cumberland County, Pennsylvania Frederick M. Eshleman, Jr., a/k/a Frederick Writ No. 2007-5860 Civil Term Mark Eshleman, Jr. and Becky S. Eshleman Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Frederick Eshleman personally at 307 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2008 at 2045 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman, by making known unto Becky Eshleman personally at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 14, 2008 at 1145 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman located at 350 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and by regular mail to his last known address of 307 East Marble Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Becky S. Eshleman by regular mail to her last known address of 1077 Nanroc Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick, on behalf of M&T Bank. It being the highest bid and best price received for the same, M&T Bank of 1 Fountain Plaza, 7th Floor, P.O. Box 840, Buffalo, NY 14203-1495, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,183.00. Sheriff's Costs: Docketing 30.00 Poundage 23.20 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Law Journal 401.00 Patriot News 481.43 Share of bills 14.73 Distribution of proceeds 25.00 Sheriff s deed 39.50 3 -00 So Answers: R. Thomas Kline, Sheriff B Real Estate S rgeant ?l as/b8' CV111' 00 C'b? 50 Gk. ( Y y 13 -?- Jo?- 92 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, Plaintiff, VS. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHLEMAN Defendants. CIVIL DIVISION NO.: 2007-05860 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 M&T Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 307 East Marble Street, Mechanicsburg, PA 17055. 1. Name and Address of Owner(s) or Reputed Owner(s): FREDERICK MARK ESHLEMAN JR. AND BECKY S. ESHLEMAN 307 East Marble Street Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR. 307 East Marble Street Mechanicsburg, PA 17055 BECKY S. ESHLEMAN 1077 Nanroc Drive Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T BANK Plaintiff r' PENNSY SUPPLY, INC. 1001 Paxton St. P.O. Box 3331 Harrisburg, PA 17104 PENNSY SUPPLY, INC. c/o W. Scott Henning, Esq. 1300 Linglestown Road Harrisburg, PA 17110 BOROUGH OF MECHANICSBURG c/o David J. Spotts, Esq. 36 West Allen St. Mechanicsburg, PA 17055 BOROUGH OF MECHANICSBURG W. Strawberry at North Market St. Mechanicsburg, PA 17055 4. Name and Address of the last record holder of every mortgage of record: M&T BANK Plaintiff RESIDENTIAL FUNDING CORP. 11417 Sunset Hills Road, Suite 228 Reston, VA 20190 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 307 East Marble Street Mechanicsburg, PA 17055 UNKNOWN SPOUSE 307 East Marble Street Mechanicsburg, PA 17055 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Amended Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. (?7 By: -Z- Scott A. Diettefick, E -squire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Dated: May 9, 2008 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, : NO-:2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.; BECKY S. ESHLEMAN Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 M&T Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 307 East Marble Street, Mechanicsburg, PA 17055- I . Name and Address of Owner(s) or Reputed Owner(s) : FREDERICK MARK ESHLEMAN JR. AND BECKY S. ESHLEMAN 307 East Marble Street Mechanicsburg, PA 17055 2, Name and Address of Defendant(s) in the Judgment FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR. 307 East Marble Street Mechanicsburg, PA 17055 BECKY S. ESHLEMAN 1077 Nanroc Drive Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T BANK Plaintiff Zucker (1-J&a..+ B n,a,....--__ , . • 'i 4. Name and Address of the last record holder of every mortgage of record: M&T BANK Plaintiff RESIDENTIAL FUNDING CORP. 11417 Sunset Hills Road, Suite 228 Reston, VA 20190 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 307 East Marble Street Mechanicsburg, PA 17055 UNKNOWN SPOUSE 307 East Marble Street Mechanicsburg, PA 17055 Zucker, Goldberg & Ackerman, LLC XCP-91316 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. §4904 relating to unsworn falsification to authorities. ZUCK ER 0 OLDB ERG &.ACKERIVIAN LL BY: Dated: February 15, 2008 -= Scott A. Dietterick, Esquire, PA I.D. 455650 Kimberly A. Bonner, Esquire; PA I.D. 989705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. 4201493 200 Sheffield Street, Suite 301 Mountainside, N3 07092 File No.: XCP-91316 (908) 233-8500; (908) 233-1390 FAX Zucker. Goldbero & AA,- r v. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, Plaintiff, vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR ; BECKY S. ESHLEMAN-, CIVIL DIVISION NO.: 2007-05860 Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Frederick M. Eshleman, Jr. a/k/a Frederick Mark Eshleman, Jr. 307 East Marble Street Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10-00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr. and Becky S. Eshleman "Zucker. Goldberg & Ackerman, LLC XCP-91316 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY- It has been issued because there is a Judgment against you, It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 1 After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor Zucker. Goldberg & Ackerman, LLC XCP-91316 or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOL#IG tk94AN. LLC Dated: February 15, 2008 BY. Scott A. 15ie rick, s wire; P I.D. #55650 Kimberly A. Bonner, squire; A.I I- #89705 Richard P. Haber, Esquire; PA.1.D. 4202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-85001-(908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker_ Goldberg & Ackerman. LLC XCP-91316 Exhibit "A LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBERLAND COUNTY. STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 431 ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS: THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUDNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, JR. AND KATHLEEN G. BLAUSER. HIS WIFE_ IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE_ THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER- HIS WIFE_ IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED; THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088 Zucker, Goldberg & Ackerman, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T BANK, CIVIL DIVISION Plaintiff, NO.: 2007-05860 vs. FREDERICK M. ESHLEMAN, JR. A/K/A FREDERICK MARK ESHLEMAN, JR.,- BECKY S. ESHLEMAN,- Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Becky S. Eshleman Becky S. Eshleman/Current Occupant 1077 Nanroc Drive 307 East Marble Street Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 06/11/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 307 East Marble Street, Mechanicsburg, PA, 17055 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2007-05860 Zucker, Goldberg & Ackerman- LLC XCP-91316 'A - THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Frederick Mark Eshleman Jr_ and Becky S, Eshleman, husband and wife A SCHEDULE OF DISTRIBUTION. being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing -exceptions to it, within ten (10) days of the date it is filed- Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: l . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XCP-91316 ;r 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of1he petition to the Court. ZUCKER GOLD#EW &,,KHAN. LLC Dated: February 15, 2008 BY. Scott A. rick re, PA M. #55650 Kimberly A. Bonner, Esquire, PA.I.D. #89705 Richard P. Haber, Esquire; PA_I.D. 4202567 Eric Santos, Esquire; PA I D 4201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-91316 (908) 233-85001-(908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-91316 Exhibit "A' LEGAL DESCRIPTION ALL THAT PARCEL OF LAND IN BOROUGH OF MECHANICSBURG. CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 108. PAGE 433, ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS: THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG. COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA. MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUNNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER. JR. AND KATHLEEN G. BLAUSER_ HIS WIFE_ IN A NORTHERLY DIECTION ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC UTILITIES; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY DIRECTION FIFTY (50) FEET TO PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER.. HIS WIFE: THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER. HIS WIFE. IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY-NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED: THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET. EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Erie], by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr_ and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088 Zucker, Goldberg & Ackerman, LLC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-5860 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff (s) From FREDERICK M. ESHLEMAN, JR., a/k/a FREDERICK MARK ESHLEMAN, JR., & BECKY S. ESHLEMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $125,616.51 L.L. $.50 Interest from 1/10/08 to date of sale -- $7,945.38 Atty's Comm % Due Prothy $2.00 Atty Paid $235.72 Other Costs Plaintiff Paid Date: 2/22/08 -1 rL Prot onotary (Seal) By: REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC 200 SHEFFIELD STREET, SUITE 301 MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Deputy Telephone: 908-233-8500 Supreme Court ID No. 55650 Real Estate Sale # 61 On March 7, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 307 East Marble Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 7, 2008 ByQ6 tij Real Estat Sergeant L 4 :01 V L Z 83j 0001 ad1?? 331213HS 341 JO ?J1J-40" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. S before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 201 0 RML AWATS •A1& NO. 61 Writ No. 2007-5860 Civil M & T Bank VS. Frederick M. Eshleman, Jr., a/k/a Frederick Mark Eshleman, Jr. and Becky S. Eshleman Atty.: Scott Dietterick Exhibit "A" LEGAL DESCRIPTION ALL that parcel of land in Bor- ough of Mechanicsburg, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 108, Page 433, ID# 17-24-0787-088, being known and designated as; that certain house and lot of ground situated in the Second Ward of the Borough of Mechanicsburg, County of Cumberland and State of Penn- sylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of East Marble Street extended, said point being one hud- nred seventy-five (175) feet measured along the northern side of East Marble Street extended in an easterly direction from the northeast corner of East Marble Street extended and the Lower Sheperdstown Road; thence along property now or late of J. L. Blauser, Jr. and Kathleen G. Blauser, his wife. in a northerly direction one hundred fifty-nine (159) feet to a five (5) foot easement reserved for public utilities; thence along said five (5) foot easement in an easterly direc- tion Uty (50) feet to property now or late ai Paul T. Shearer and Vidlena Mae Shearer his wife; thence along said proputy now or late of Paul T. Shearer and Violena Mae Shearer his wife, in a southerly direction one hundred fifty-nine (159) feet to the northern side of East Marble Street extended; thence along the northern side of East Marble Street extended in a westerly direction fifty (50) feet to the place of Beginning. HAVING thereon erected a dwell- ing house being known and num- bered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed unto Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787, Parcel No. 088. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the ?latriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to a scribed before me this 27 day of May, 2008 A.D. 44WAZ. Z4112?tL - Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2oto Member, Pennsylvania Association of Notaries .. Real Estate Safe N61 Brit No. 2007-5860 Civil Tenn M &T Bank VS Frederick M. Eshleman, Jr., We Frederick Mark Eshleman, Jr. and Becky S. Eshleman Attorney: Scott Dietterick DESCRIPTION t' '-.2GAL DESCRB'TION All THAT PARCEL OF LAND IN WROUGH OF MECHANICSBURG, JMBERLAND COUNTY, STATE OF ANNSYLVANIA, AS MORE FULLY SCRIBED IN DEED BOOK 108, PAGE 3 i, ID# 17-24-0787-088, BEING KNOWN AND DESIGNATED AS; THAT CERTAIN HOUSE AND LOT OF GROUND SITUATED IN THE SECOND WARD OF THE BOROUGH OF MECHANICSBURG, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, MORE P ARTICULARL Y BOUNDED AND DESCRIBED AS FOLLOWS, TO wrr: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED, SAID POINT BEING ONE HUDNRED SEVENTY-FIVE (175) FEET MEASURED ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN AN EASTERLY DIRECTION -FROM THE NORTHEAST CORNER OF EAST MARBLE STREET EXTENDED AND THE LOWER SHEPERDSTOWN ROAD: THENCE ALONG PROPERTY NOW OR LATE OF J. L. BLAUSER, IR AND KATHLEEN G. BLAUSER, HIS WIFE. IN A NORTHERLY DEMON ONE HUNDRED FIFTY-NINE (159) FEET TO A FIVE (5) FOOT EASEMENT RESERVED FOR PUBLIC VIIL1TIFS; THENCE ALONG SAID FIVE (5) FOOT EASEMENT IN AN EASTERLY ii`Y (50) F6Ef "TO NOW! ?. SHEARER AND VIOLENA MM SHEARER HIS WIFE: THENCE ALONG SAID PROPERTY NOW OR LATE OF PAUL T. SHEARER AND VIOLENA MAE SHEARER HIS WIFE, IN A SOUTHERLY DIRECTION ONE HUNDRED FIFTY -NINE (159) FEET TO THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED; THENCE ALONG THE NORTHERN SIDE OF EAST MARBLE STREET EXTENDED IN A WESTERLY DIRECTION FIFTY (50) FEET TO THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house ,,eing known and numbered as 307 East Marble Street, Mechanicsburg, PA, 17055. BEING the same premises which Mildred M. Eriel, by Deed dated June 13, 1994 and recorded July 13, 1994 in and for Cumberland County, Pennsylvania, in Deed Book Volume 108, Page 433, granted and conveyed into Frederick Mark Eshleman Jr. and Becky S. Eshleman Tax Map No.: 17-24-0787 Parcel No. 088