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HomeMy WebLinkAbout08-0822 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. D8 - 8aa Olvit term v. William L. Davis and Laura Lee Chapman-Davis, Defendants. TYPE OF PLEADING: Complaint in Mortgage Foreclosure FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. V. William L. Davis and Laura Lee Chapman-Davis, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No, v 7- Pa Z Ct4rc.l -71,- v. William L. Davis and Laura Lee Chapman- Davis, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Green Tree Consumer Discount Company, by and through its attorneys, Edward F. Voelker, Jr., Esq. and Voelker & Associates, P.C., and avers the following in support of its Complaint in Mortgage Foreclosure: 1. William L. Davis and Laura Lee Chapman-Davis, hereinafter referred to as "Borrowers," are individuals whose last known address is 671 Shippensburg Road, Newville, PA, 17241-9476. 2. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff," is a Pennsylvania corporation and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about June 4,1998, Borrowers entered into a "Secondary Mortgage Loan note," hereinafter referred to as the "Financing Contract," whereby Borrowers financed a 1999 Laurel House Colony manufactured home (serial no. ACSX 11464AB) with certain furnishings, equipment, -1- appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." A true and correct copy of the Financing Contract is marked as Exhibit "A" and is attached hereto and made a part hereof. 4. On or about June 4, 1998, Borrowers made, executed and delivered a Open-End Mortgage (the "Mortgage") whereby Borrowers granted a security interest in the Manufactured Home to Plaintiff, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1460, page 124. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof. 5. Borrowers have defaulted under the Financing Contract and Mortgage by failing to make payments when due. 6. As of January 3, 2008, the amount owed by Borrowers to Plaintiff, not including costs, attorneys' fee, is $78,036.35. The interest on said amount is accruing at the daily rate of $14.15. 7. On November 2, 2007, Plaintiff provided Borrower with a Notice of Default, a true and correct copy of the same is marked as Exhibit "D" and is attached hereto and made a part hereof. 8. By the terms of the Mortgage, upon failure of Borrowers to make payments when due, the entire principal balance and all interest due thereon are collectible forthwith. WHEREFORE, Plaintiff demands judgment against the Borrowers in the sum of $78,036.35 together with interest from January 3, 2008 at the rate of $14.15 per diem to the date of Judgment, -2- and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. Respectfully submitted, VOELKER & Cl TES, P.C. dward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 -3- ( 105'BRADFORD RD, BLDG III,SUITE 100 WEXFORD, PA 15090 LENDER'S NAME AND ADDRESS "You" means the Lender, its successors and assigns. TERMS FOLLOWING A - APPLY ONLY IF WILLIAM L. DAVIS LAURA LEE CHAPMAN-DAVIS. 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241 BORROWER'S NAME AND ADDRESS "I" includes each Borrower above, jointly and severally. »TZ: (? / 9 Loan NORid T34 Date 6 Maturity Date Loan Amount $ 87459.93 Renewal Of N A CHECKED Secondary Mortgage Loan This agreement is subject to the provisions of the Secondary Mortgage Loan Act. For value received, I promise to pay to you at your address listed above the PRINCIPAL sum of EIGHTY SEVEN THOUSAND FOUR HUNDRED FIFTY NINE AND 931100 DOLLARS Dollars $ 87459.93 XX Single Advance: I will receive all of this principal sum on . No additional advances are contemplated under this note. -'Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. Ondate of first advaac9 will receive the amount of ?S00O(land valu$hd future principal advances are contemplated. You and I agree that I may borrow up to the Maximum only one time (and subject to all other conditions). Conditions: The conditions for future advances are _-18t advauca(adv); real property appraisal & legal permits; 2nd adv; land improvement invoices, lien waivers, customer advance authorization ("CAA"); 2nd or 3rd adv: home & setup & CAA; final adv: certificate of occupancy or inspection report & CAA. INTEREST: I agree to pay interest on the outstanding principal balance from data of first advance. rate of 6.75 % per year until the principal balance is fully paid. at the H?AVariable Rate: Notice to borrower: This document contains provisions for a variable interest rate. This rate may then change as stated below. Change Dates: Each date on which the interest rate may change is called a Change Date. The interest rate may change and on every thereafter. The Index: Beginning with the first Change Date, the interest rate will be based on the following Index: The most recent Index value available as of the date _ 45 days _ before each Change Date is called the "Current Index." Calculation of Change: Before each Change Date, the Lender will calculate the interest rate, which will be the Current Index. The result of this calculation will be rounded . The new interest rate will become effective on each Change Date. Subject to any limitations below, this will be the new interest rate until the next Change Date. Limitations: The interest rate will never be greater than % or less than %. _ The interest rate will never change on any single Change Date by more than % Effect of Variable Rate: A change in the interest rate will have the effect of changing the amount of the scheduled payments: ACCRUAL METHOD: Interest will be calculated on a simple interest basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of,this note owing after maturity, and until paid in full, as stated below: - on the same fixed or variable rate basis in effect before maturity (as indicated above). _ at a rate equal to S iLATE CHARGE: I agree to pay a late charge on the portion of any payment made more than 15 days after it is due equal to 5.00 OR 2.OOZ OF THE PAYMENT, WHICHEVER IS LESS. _jADDITIONAL CHARGES: In addition to interest; ,1 agree to pay the following charges which - are _ are not included in the principal amount above: PAYMENTS: I agree to pay this note as follows: INTEREST: I agree to pay accrued interest during the construction period on a monthly basis on cumulative amounts advanced, and principal & interest monthly thereafter until i the contract is fully paid. PRINCIPAL: I agree to pay the principal in 360 monthly installments, beginning no later than 45 days days after the completion of the construction funding period. INSTALLMENTS: I agree to pay this note in 360 payments.*The first payment will be in the amount of $1 567.26 (principal & interest) and will be due approx. 30 days from final disbursement. A payment of i; 567.26 will be due monthly thereafter. The final payment of the entire unpaid balance of principal and interest will be due 360 months from last construction disbursement. The payment schedule is in addition to and shall begin subsequent to the construction period interest only payments. 41 i PREPAYMENT REFUND: I may prepay all or part of this note without penalty. If I prepay in full, you will ) refund part of the finance charge. REAL ESTATE NOTE 0 1884, 1881. 1993 Bvr*en Swann, Inc.. St. Cloud. MN Form CTH-RENLAZPA 1/22108 OT•15.39-011 (11197) !boos / of 4) C4H,16V'r "A " GH- 31, 2007 1:39PM US BANK DOCUMENT CENTER NO. 9340 P. 37 , y 7 SECURITY: Thi$pteiis,sp?ed?b (describe separate document by type (e.g., mortgage) and date): ADDITIONAL TERMS: Aiik,'ujwisswiw PnTIOHS oir Tim AmuiT 7nwcw mwni sxim 48 Amio To Tim PRINCIPAL uL.AFcs OF 'al'b CONTRACT. THIS W= RN'RIMUCE MY RNMY P&WI IT AMOUAT ON TIM CONTRACT, SUT WILT, RIMUS THE TOTAL AUMn Op 1=0 I MAST PAY THE CORTRACT, GENERALLY - The headings at the beginning of each section are {9r convenience only and are not to be used In anterrpp?re??s?l DEFl NiTION n,%g?the Ifft of the secttion. S - 1," "me° or my" means each Borrower who suns this note and-each other person or, legal entity (including guarantors, endorsers, and sureties) who agrees to pay this note (together referred to, air "us"). "You" or " our Was the Lander and its successors and assigns. LAW - This•'note and any agreement securlnQ this note will be governed by the laws of 'the state of Pennsylvania. The fact that any part of this note cilnnot be enforced will not affect the rest of this note. Any change to this note or any agreement ecuring this note must be in writing and signed ny you ang me. 1 agree to cooperate :'with you regarding ddy requests after closlilb to oorre ' • errors made:. concerning . this contract or the tranon and to provide any and all additional document on, deemed necessary by yoS? to complete thid transactioh, 1, agree that 'you may enforce this agreement by judicial process and are entitled to attorney's fees, costs anal disbursoments incident to such enforcement, PAYMENTS - Each gayrrient l make • on this loan will be applied first to any charges I owe other than principal and interest, then to interest•that is due, and finally ty principal that Is due. No late charge will be assessed, on any payment when the only delinquency is due to late fees assessed on earlier payments. and the,. pa meat is otherwise a full payment, The actual amount of my final my paym will dreco ndd. If the payymeentr due under this) loan does' not equal or exceed the amount of interest due, you may, a# your option, Increase the amount of the payment due and all future payments to an amount that will pa off this loan In equal payments over the remaining term of this loan. PREPAYMENT - I may prepay this loan in whole or in part at airy time. If I prepay in part, I must still make each rater pate snit i d the full ginal amount as it becomes due until this INTEREST - Interest accrues on the principal remaining dnppad from tie to times until paid in full., If "Variable ate is checked on pate i, I will pay interest at the rates in effect from time to time, The interest rate(s) and other charges on this loan will' never' exceed the highest rate or charge allowed by law for this loan, If the index specified on jig e 1 ceases T exist,. I agree that you may substitute a similar index for the original. INDEX - If X u and I have agreed that the interest rate on this note will be variable and fill bg related to an index, then the index you select will function only as a tool for setting the rate on this note. You do not guaranty, by selecting any index, that the Interest rate on this note will have a particular relationship to the interest rate you charge on any other loans or any type or class of loans with yyour ov?}?yer customers, ACCRUAL NfETHOD - The amount of interest that I will pay on this loan will be calculated using the interest rate and accrual method stated on page 1. For interest calculation, the accrual method will determine the number of days in a year. if no accrual method is stated, then you may use any reasonable accrual method for calculating interest. SINGLE ADVANCE LOANS - If this is a single advance loan you and 1 expect that you will only make one advance of principal. However, you- may add other amounts to the nnc-its I if yyou make any payments described in the 9AYMNTS BY LENDER section below. A 1984, 1881. 1888 Bw un Svetw o, IM., SL C19W, MR Form Gy"ENLA 1/22/88 MULTIPLE ADVANCE LOANS - If this is a multiple advance loan, you and I expect that you will make more than one advance of principal, subject td the conditions of any separate agcement, y,4,. PAYMENTS BY LENDER -1 you ore'a?uthi66i to pay, on my behalf, charges I am obligated to pay (such as property insurance premiums) ' then you may treat those payments made by you as .ad'vances and add them to the unpaid principal under this notp,. or you may demand Immediate payment of the ch?es:? POST- MATURITY INTEREST'- Interest will accrue on the rihcI remaini aid after fin the atQ a elcified on pageg9 uFor purposes ofithis se ty ction, final maturity occurs: (a) On the date of the laist scheduled payment of principal; or (b) On the date you accelerate the due date of this loan `demand Imm i ent), REAL ESTATE O1R D CE SECURITY - If this loan is secured by real • estatd or a residence that is personal property the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any separate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate security instrument, by this agreement, ASSUMPTION - This now and any' document securing it cannot be asd'umed by someone buying the secured property from me. -This 'be•true, unlass;:you agree in writing to the contrary. ill such an agreement, if I try to transfer any interest in the property securing this note, I will be In default on this loan. You may proceed against me under any due on sale clause in the security agreement, which is incorporated bpi references• DEFAULT - ?SubjjGot to arr?? limitations in the "REAL ESTATE OR R5StDENCE .9326URITY", paragraph above, I will be in default on ttlia loan and any agreement securing this loan If any one or more of the following occurs: (a) I fail to make a payment in full when due; (b) I die am declared TTndompetent, or become insolvent; (c) I fail to keep any promise 1 have made In connection with this loan; (d) I fail to pay, or keep any other promise on, any other loan or agreement I have with you; (e) 1 make any written statement or provide any financial information that is untrue or inaccurate at the time it is provided; (f) Any creditor of mine attempts to collect any debt I owe through court proceedings, set-off or self-help repossession; (g) The property securing this Loan is damaged, destroyed or stolen, (h) I fail to provide any, additional security..,,that you may require; (i) Any legal entity (such as a partnershlp or corporation) that has agreed to ay this note merges, dissolves, reorganizes, ends its business or existence or a partner or majority stockholder dies or is declared Incompetent; or Gi Anything else happens that causes you to believe that you will have difficulty collecting the amount I owe you. IT any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. GT 15.39.011 1111971 Jaa0'e 2 041 .DE-C.31-2007 1.40PM US BANK DOCUMENT CENTER REMEDi S - Subject to any limitations in the "REAL ESTATE OR RESIDENCE SECURITY" paragraph on page 2, and after giving any appropriate notice, if I am in default on this loan or any agreement securing this loan, you may: (a) Make unpaid principal, earned interest and all other agreed charges I owe you under this loan immediately due; (b) Use the right of set-off as explained below; (c) Demand, more security or new, parties obligated to pay this loan (or both) in return for not using any other remedy; (d) Make a claim for any and all insurance benefits or refunds that may be available on my default; (@) Use any remedy you have under state or federal law; and (f) Use any remedy given to you in any agreement securing this loan. By choosing any one or more of these remedies you do not give up your right to use another remedy later, By deciding not to use any remedy should I be in default, you do not give up your right to consider the event a default if it happens again, COSTS OF COLLECTION AND ATTORNEYS' FEW - i agree to pay you all reasonable costs you incur to collect this debt or realize on any security. This includes, unless prohibited by law, reasonable attorneys' felts. This provision also shall apply if I file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. SET-OFF - I agree that you may set off any amount due and payable. sunder, this note against any right I have to receive money from you. "Right to receive money from you" means; (a) Any deposit account balance I have with you; (b) Any money owed to me on an item presented to you or in your possession for collection or exchange; and (c) Any repurchase agreement or other nondeposit obligation. "Any amount due and payable under this note" means the total amount of which you are entitled to demand under the terms of this note at the time you exercise your right of set off. This total includes any balance the due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts 1 could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also ' does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set off this debt agalnsvenygf my accounts,, 1. agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. OTHER SECURITY - Any present or future agreement securing any other debt I owe you also will secure the payment of this loan. Property securing another debt will not secure this loan if such property is my principal dwelling and you fail to provide any required notice of right of rescission. Also, property securing another debt will not secure this loan to the extent such property is in household goods. ' OBUGATIONS INDEPENDENT - ' l understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and (,will still, be obligated to pay this loan. You may, without notice, fail to perfect your security Interest in, impair, or release any security and I will still be obligated to pay this loan, as 1944, 1 881. 1 999 gmka swt*". Ines. ft. CImM. MN Farm 4TH-RENi AVA 1 /22196 NO-9340 P 38 JV? INR 1 ARBITRATION - All disputes, claims, or controversies arising from or relating to this contract or the relationships 1s contract, or the validity of this which result from th arbitration clause or the entire contract, shall be resolved by binding arbitration ?y one arbitrator 'selected by you at ae with consent of us. This rr ursnt to a ransction n ahall be goerned the Feral tration Act at 9 U,S.C. Section 1. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration jnstead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes through a; court, but that they prefer to resolve their PROVIDED HEREIN). The parties agree and understand that all disputes arising under case law, statutory law, and all other laws Including, but not limited to, all contract, tort, and property disputes! will be subject to binding arbitret?pn in accord with this contract. The parties agree and understand that the arbitrator shall have all powers provided by the law and the contract. These powers shall Include all legal and equitable remedies, including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, you retain an option to use judicial or non judicial relief to enforce a mortgage, deed of trust, or other security agreement relating to the real property secured in a transaction underlying this arbitration agreement, or to enforce the monetary obligation secured by the real property, or to foreclose on the 'real property. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the mortgage or deed of trust, shall not constitute a waiver of the right of any party to compel arbitration regardin any other dispute or remedy subject to arbitration in this contract, including the filing of a counterclaim In a suit brought by you pursuant to this - I waive (to the extent permitted by law) presentment, protest, notice of dishonor and PRIVACY'- I agree that from time to time you may receive credit information about me from others, including other lenders and credit reporting agencies. I agree that you may furnish on a regular basis credit and experience information regarding my loan to others seeking such information. To the extent permitted by law, I agree that you will not be liable for any claim arising from the use of Information provided to you by others or for providing such information to others. FINANCIAL STATEMENTS - I will give you any financial statements or information that you feel 1s necessary., All financial statements and information I give you will be correct and complete, PURCHASE MONEY LOAN - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. NOTICE OF PROPOSED INSURANCE - I take notice that group credit life Insurance and/or group credit accident and health insurance coverage will be applicable to this contract If so marked on page 1 of this contract and each type of coverage will be written by the insurance company named, This insurance, subject to acceptance by the insurer, covers only the person signing the request for such insurance (or each person signing the request for joint credit life Insurance). The amount of charge is indicated for each type of credit insurance to be purchased. The term of insurance will commence as of the date the Indebtedness is incurred and will expire on the originally scheduled maturity date of the indebtQdness. Subject to acce-nce by the insurer and within 30 days, there will be del'-v red to me a certificate of insurance more fully dmnb?ng the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. GT 1 s,3&*11 1111971 !peps 3 O W NOTICE TO COSWR You ithe cosigner! are being a ed to guaranty this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You also may have to pay late fees or collection costs. which increase this amount. . The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become part of your credit record. This notice is not the contract that makes you liable for the debt. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PURPOSE: Th9.pose of this loan-is construction on land and bean : - A 9 1984. 1991. 1993 B&*ws Swbnr. Inc.. St. Claud. MN Form OTHd1EN1.AZPA 1122199 OT-15.38-011 (111871 tmw@ 4 0/ 4) SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE 0NCLUDING THOSE ON PAGES 1, 2, 3 AND 4). 1 have r el ?, S T RATr;)RD SETTLF_MENTS 80131 Rt??'?i{,;' ROAD ri, ??I• ... .. -, %. , TE243 i 1??. To . CRINS-ERR1 'TVP., 16066 ", n S ?Tak ??1Q,p Coq -- 0513 -- PMU?- 003 ,p '98 X41 ?r? 21 ?o Comnwnwealth of Pennsylvania Space Above This Line For Recording Cata cr-i s-39.090 (9/94) i OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ...:n?HE. 4!,,1998 ..................... and the parties, their addresses and tax. identification numbers, if required, are as follows: MORTGAGOR: WILLIAM L. DAVIS • co . LAURA LEE CHAPMAN-DAVIS _ .- 671 SHIPPENSBURG ROAD L- NEWVILLE, PA 17241 .... If checked, refer to the attached Addendum incorporated herein, for additional I%ortgNcfk$,!- their signatures and acknowledgments. .. LENDER: GREEN TREE CONSUMER DISCOUNT CO. -' r- 105 BRADFORD RD, BLDG III,SUITE 200 i WEXFORD, PA 15090 i f 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: All of the property located at 671 SHIPPENSBURG ROAD , in the City/Town/Village of NEWVILLE , County of CUMBERLAND , State of PA , in which the Borrower has an ownership, leasehold or other legal interest. This property-is more particularly described on the schedule titled "Additional Proporty Description" which is attached hereto as Exhibit A. together with a security interest in that certain 1998 , 66 X 28 LAUREL HOUSE mobile home, serial number STAGE FURD The Borrower does hereby authorize the Lender or its assigns to obtain a more detailed property description after the Borrower has signed the mortgage, and to attach Exhibit A after the Borrower has signed the mortgage. , The property Is located in .............. cF118 M......................................... at ............................................. (County) 671 SHIPPENSBURG ROAD NEWVILLE , Pennsylvania ...... 17241. ... .................. ....... ...... es)...................... , .......................?? ) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and - future improvements, structures, fixtures, and replacements that may now, or at any time In the future, be part of the real estate described above (ail referred to as "Property"). nox1460PacE 12-A . PENNSYLVANIA - MORTGAGE (NOT FOR FNMA, FHLMC. FNA OR VA USE) O 1994 Bankers Systems, Inc., St. Cloud, MN (1.800-397.2341) Form CTH-MTCLAZPA 10/1.1/94 CT-1 S-39.090 (9/94) (peed 1 of 6) 1EQ XMt6 IT- 'k 6 11 -DEC. 31, 2007 1; 42PM US BANK DOCUMENT CENTER N0. 9340 P. 43 3. MAXIMUM OB,UGATION UMIT. The total principalamount' secured by this Security instrument at any pre time sgil of exceed Y .............a7hs This limitation of amount does no include interest an of , tees and 4harges, vali y made pursuant to this Security Instrument. A so, this limitation does not kp'ply to advances made under,the- terms of this ,Security Instrument to protect Lender's security and to perform any of the covenants contained in this SKUrlty Instrument. 4. SECURED Ddr AND FU'T'URE ADt/ANCES. The term "Secured Debt" is difined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), uaranty(s) or other evidence of debt 0scribed below and all their extensions, renewals, modons or substitutions, (When referrrncila? the debts below it is suggested that you include Ptems such as borrowlrrs' names, nM amounts,`'rrrtPrestuates, maturity dates, etc.) A Universal Note or ft=factured Some 8etail Installment contract and security Agreament axacuted by buyers/Sorrowsrs. Tha above obUi ation is duo and payabla on 360 montbs from last conatrwtion disbursement if wt paid earlier. B. All fuuture advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executW by Mortgagor in favor gf Lender executed after. this Security Instrument yvh tie pr not this Secun Instruent is specifically referenced. If more than one person signs this c Itv4nstruoept, e. Mortgagor agrees that this security instrument will secure all future advances and future obligat ans that are given to or incurred by any one or more Mortgagor, or one or more Mortgagor and others. All future advances and other future obligations are securedtyby this Security Instrument even though all or part may not yet be advanced, All future advances and other future obligations are secured as If made on the date of this Security Instrument. Nothing in this Security instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender' for insuring preserving or otherwise, protecting the Property and its value and any other- sums advanced • and expenses incurred by Lender under the terms of this Security Instrument. ?• This Security lnstrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor. is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, exm, pt for encumbrances of record. 7. PRIOR SECURITY INTEREM With regard to any other mortgage, deed of trust, security agreement or other lien document that created a'pnor security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. S. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE Mortgagor will pay all taxes, assessments, liens, encumbrances lease payments, ground rents, utilities, and other charges relating to the Property when due. Len3er may require Mo agor to provide to Lender copies of all notices that such amounts- are due and the receipts evidencing Irtgagor s payment. Mortgagor will defend title to the Property against any claims that would impair the ITen of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALS OR ENCUMBRAh1CE 'LendeF may, at its option,- declare the entire balance of the Secured Debt to be Irriln4diately due and yable upon the creation of, or contract for the, creation of, any lien, encumbrance; transfer or sale o the propert y. This right is subject?,to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall ruh with the Property and shall remain in effect until the Secures pebt is, paifi jfi fiull,anr this Security Instrument is released. 0 1994 Bankers Symms, Iran. St Cloud, MN V 40'0-397-2341) Form CM4ATCLAZPA 10/11/84 GT-1539 D90 {g?µ? G?? of b7 11009 1460 Pats DEC-31-2007 1; 42PM US BANK DOCUMENT CENTER NO. 9340 P. 44 -10L• PROPERTY CONDMOKsALTER1%TlONS . NO IM5PECnQNc,.Mort%M r will keep the Property in ood condition and make all repairs that are reasonably rietqs'sary'. Mort q or shale'' not commit or allow any waste, impairment, or detaloraltion of the Property • Mortgagor VA eap the Propert y- free of noxious weeds and grasses. kortgagor agrees that the nature of the occupancy and yse will not substantially change without Lender's prriior written consent. Mortagor will not permit any change in an license, restrictive covenant, or easement without Lender's pi?ttr written consent.',- Mortgagor, All notl? Lender of all danundr, proceedings; claims' and actions against Mortgagor, • and of any. loss or damage to the property, •' ? . Lender or Lend'er's, agents may at Lender`s opu ors,'enter t17e Property at'any"reasohable time for the purpose of Inspecting the, PQ rEyF., Lendier shOl give,Mdrtgtig&1* noticer'at the brae of or before an inspection pedfyirl a reasonable purpose for the inspection. An Inspection, of the Property shall be entirely for,def's i? 'neflt, find Mortgagor wil l in noway rely on Leader's Inspection. 11. AUTHORITY'TO PERFORM. If Mortgagor fails to perform any uty or any of the covenants contained in this Security Instrument, Lender may, without notice, perm . or. cause them, to be performed. Mortgagor appoints Lender as attorney, in fact to sign Mortgagor's name or PO i any amount necessary for performance. Lender's, right to perfrm for Mortgagor shall not create an obligation to perform, and Lenders failure to perform will not preclude Lender from exercising anyof Lender's other rights under the later or,•this Security.. Instrucnent.','If any construction ' on the Property is ANcontinued or not carried on in a reasonable manner, lender may take all steps necessary to protect Lenders. security interest in the Property, including :completion of the construction. 1 Z. ASSIGNMENT OF LEASES AND RENTS, Mortgagor irrevocably; grants, bargains,,,conveys and mortgages to- Lender as additional security all the right, title and interest Ift end to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, Including any extensions, renewhIs, modifications or substitutions 'of such agreements (all referred to as "Leases") and rents, issues and profits (all • referred to as, "Rents"). Mortgagor will promptly provide Lender with trues, and correct copies of, all existing and future, Leases, Mortgagor may collect, receive, enjoy, and use the Rents so long as Mortgagor is not in default! under the'terms of this Security instrument. • Mortgagor agrees that this assignment is immediately 'Active between tile; parties to this security IrittruMorit: Mortgagop. a ees that. this. assignment Is e?ive as to third parties when Lender takes affirmative action Qrescred 1?,r'' lav , that this aissignmept Will.-remain. irr • effect during any redemption period until the Secured' Deb0s'satlsfled, ho4ag& agrees thartender may take actual possession of the property without .the necessity •of mMmendng legal action and that actual possession is deemed to occur when Lender, or, its .agent,, notifies Mortgagor of default and demands that any tenant flay all future Rents directly to ,Lender. On r#c v' 1d9 notice of defa?ilt, Mortgagor will endorse and deliver to Lender any, payment of Rents in Mort gago ; s possession and will receive any Ret7ts in trust for. Lender and will not commingle the ken with any other funds. Any amounts collected will be applied ;is provided in this Security instrument- Mortgagor warrants that no default exists under the. Leases or an applicable landlord/tenant ? law, Mortgagor :also agrees to maintain and require any tenant to edrnply with the terms of the Leases and-applicable law. or • agrees to comply with 13. LEASEHOLDS; CojdD(JMINIUMS; PLANNED UNIT OMLOPMENTS Mortfit the provisions of any, lease if this Security Instrument is on a leasehold. Ie..Property includes a unit in a condominium or' a planned urfrt• development, Mortgagor will perform alt of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development., 14. DEFAULT. Mortgagors' will be in default if ? any party obHq Yed on the sauced Debt fails to make payment when due. Mortgagor, will be in default, if a breadK' occurs under the, terms of this Security Instrument or any other document executed fqr the, put`pose of'creating; seuaring or guarantying the Secured Debt. A good faith belief by Lender that Lender at any tune' is Insecure with respect to any person or entity obligated `on the Secured Debt or that the prospect, of any payment or the value of the Property is impaired shall'also constitute an event of default. .1. ., is. PAMF.DtE0 Sr ©9',DEEAULT I r some`- instances,' federal' and state law will rewire Lender to provide Mortgagor with 'notl& of.the right to- cure' or, oter notices and may'' estaffistt?'time schedules for foreclosure actions. Subject to thse limitation, if any,. Lender may accelerate the Secured Debt and foreclose this Security instrument in* a manrtet•provided by law if Mortgagor is in default.. At the option of Lender alt or any part of the agreed fees and charges, a6vubd lhterdst and principal shall become immediatal due and payable, after giving notice if requir4dby law, upon the occurrence of a default or ariyttive thereafter. In addition; Lender shall be entidold•to all- the remedies provided by .law, tha terms of thdSecured Debt, this Security Instrument,- and any related documents. All remedies are distinct, cumulative and 'riot exclusive, 'and the Lender is entitled to all remedies. provided at law or equity, whether or riot ikpressly set fofth. The acceptance by Lender' of any sum in payment or partial 64. xR• , .. BOOK1460 .126 0 1 994 knkers SyMma, k-. 56 Cloud, MN (1-900-397.2341) Form GTH-MTGIAZPA 10/11/94 G7-15.39-090 19/94) (Pais 3 of f) HH. 31. 2007 1:43PM US BANK DOCUMENT CENTER NO. 9340 P. 46 Unless , otheXwise, agreed? in wrktip ail insurance ptoeeed? shall • be.applied to the restoration or repair of the Property or to kFe Secured' Debt, Whhhei• br not the i cQ-,%W-Lerid, e, vq tur;'any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess, will be ppfa(d to the Mortgagor. If th Property is acquired 9by Lender,_ Mortgagors.. right to any Insurance pglides and proceeds r4tultinlZ from' damage to the Property before the acquisition shall pass to lender to, the extent of the Secured Debt Immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file an additional documents or certifications that Lender may consider necessary to perfect,, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND . IND1YiDdAL LIABILITY; CO•SIGNFJL%- SUCCFSSOIRS 'AND ASSIGNS BOUND: All duties under this Severity Instrument arc Joint and Individual. If Mortgagor signs this Security instrument but does not sign-an evidence, of debt, Mortgagor does so only to mortgage. Mortgagor's interest in the Property to secure ppaayment of the Secured Debt and Mortgagor does not agree to be personally liable orr the Secured Debt..; If this Security instrument sedures a guaranty between Lender and Mortgagor, Mortgagor ai rees to' waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security instrument may extend,,MQdify or make any change- in the terms of this Security Instrument or any evidence of debt ,without Mo, or's consent. Such a change will not release Mortgagor from the terms of this Security.,, Instrument?e duties and benefits of this Security Instrument shall bind and benefit the successors Arid assigns of Mortgagor and Lender. 23. APPLICABLE LAW, SEVERABIUTY; INTERPRETATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the 3urasdiction where the. Property is located. This Security Instrument is complete and fully Integrated, This Security Irish iment. may not be amended. or modified by oral agreement. Any section In this Security. Instrument, attachments,. or,,any agreement related to the Secured Debt ;hat donflicts with applicable, law wilt nqt. be effective unless that law expressly or Impliedly permiti• the variations by written 4preement If any section oe this Security Instrument cannot be enforced according to Its terms, that section Wit' be severed and will not affdct the eftrceabiJity, of the remainder of this Security Instrument. Whenever • used; the singular shall Include the plural and the, plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or, define the terms of this Security Instrument, Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by. mailing it by first class mail to the appropriate party's address on page 1 of this Security instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. . 25. WAIVERS„ Except to the extent prohibited by law, Mortga*ggr waives -any right. to appraisement relating to the Property, , 26. OTHER PERMS. If checked, the, following are applicable to this. Securlty. Instrumeii't: ....., line of Credit. The Secured Debt includes a revolving -. line of credit. provision. Although the Secured Debt' may be reduced to a zero balance, this Security Instrumdnt • wirf remain in effect until released.. R. Construction Land. *This Security instrument secures an obligation incurred for the construction of am;irnprovement on the property„ ...... Fxture Filing.' Mortgagor grants to Lender a security interest in all goods that mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as`a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ...... Purchase Money. This Security-Instrument secures advances by Lender used in whole or in part to acquire the Property. Acc! r gly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase U ,9I'Yg j with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of PennsyW01 . UOUI?I 0m, .2g 0 1994 knkers Sgarems, Im. St Mud, MN (1-600 397-2341) Fvrm GTH*TGLAZPA 10/11/94 Gr-TS 39090 M/94) (page saf d) F-1 L J LJ ...... NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE ...... Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable items] ...... Condominium Rider ...... Planned Unit Development Rider ...... Other ....................................: ...... Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security instrument nd In any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on he dat tated on page 1. (Slgnature> WILLIAM L. DAMS (Date) .tSlgna t) LA Tag C -DAMS (Date) (Signature) ............... ....... ........... .....(Datr) .. ........ .. . ...... ...... .? ..... ... ... (Witness) ............................................. ........................... (Signature) (Date) : mass) .1... .. .. . ............... ACKNOWLEDGMENT: COMMONWEALTH OF .... ENNSYLVANIA , COUNTY OF.. aw i tOhn this, the .....42.11....... day of ......*.'.. E..1998 ................. , before me ..........................55 (Individual) ... «s,?L1Fil`7r IgnDA eedd o p , VIS &r?LAORA LE , appeared :aAV,.. , known to me (or satisfactorily proven) to be the „ t person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. r. ?f In witness whereof, I hereunto set my hand and official seal. ` My commission expires: /? ;_1... :??. ,•. , <` ;? Notarial Seal .... ...... AW .......................... '?;;?' " • Greg A. Mixelt, Notary Public Greene Twp.. Franklin County . . My Commission Expires March 4.2000 71?1e of Offi ........................... car y: Member, Pennsvlvania Ass •lation of Notaries It is here y?X tTye that the address of the Lender wi th' med is: I18 WEXFORD, PA 15090 y: .. . .................................... BOOK U60 not 42ft 0 1994 Bankers Systems, Inc., St. ClOUd. MN 0 .800.3 97-2341) Form M-MTCLAZPA 10/11/94 CT•15.39.090 (9/94) (0064 Bo/ 6) 'sLEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE AND LYING AND BEING IN THE TOWNSHIP OF NORTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY STANLEY JARMOLENKO, R.S. DATED NOVEMBER 13, 1984„ AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 47, PAGE 14, AS FOLLOWS, TO- WIT: BEGINNING AT A POINT ON THE DEDICATED RIGHT OF WAY LINE OF PA ROUTE 53`3 AT CORNER OF LOT NO. 6 OF THE ABOVE MENTIONED PLAN OF LOTS; THENCE ALONG LOT NO, 6, SOUTH 57 DEGREES 35 MINUTES EAST 300.00 FEET TO A POINT; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF KIMBA, INC. SOUTH 32 DEGREES 25 MINUTES WEST 150.00 FEET TO A POINT AT LINE OF LOT NO.8 OF SAID PLAN; THENCE ALONG LOT NO. 8, NORTH 57 DEGREES 35 MINUTES WEST 300.00 FEET TO A POINT ON DEDICATED RIGHT OF WAY LINE OF PA ROUTE 533• THENCE ALONG PA ROUTE 533, NORTH 32 DEGREES 25 MINUTES EAST 150.00. BEING LOT NO. 7 ON SAID PLAN. BEING KNOWN AND NUMBERED AS 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241. State of Pennsylvania's County of Cumberland} 86 ?+? ::"?' ' ? "•• ^;?;^^` Recorded in the office for the recording of Deeds ;d! - ': ect d for, land County, Pa 'l ,' l • oo ol, a e v:;tne my hand an eal offi of Q? Carlisle. PA this a 19-L .:•;?? ?f • .. BOOK 14 60 rasar 130 AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) MI, MN, MO (LH First Lie ns), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR PA (HO) X , , Rl, SD, TN, TX (HO), UT, VT, VA, WA, WY NOTICE OF DEFAULT AND ,r! Gn1?$ ?>? ?i 71tEE RIGHT TO CURE DEFAULT Date of Notice: 11/02/2007 Certified Mail Receipt No. 71067112169002913024 William L. Davis Green Tree Consumer Discount Company Laura Lee Chapman Davis Three Executive Park Drive Suite 14 671 Shippensburg Rd Bedford, NH 03110 Newville, PA 17241-9476 800-043-0202 Account No: 734244296 Creditor: Green Tree Consumer Discount Company Brief identification of credit transacti on: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. 2 payments past due(plus $10.00 in fees and charges) totaling $1,192.50 Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,192.50, which consists of $1,182.50 for past due payments and $10.00 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $78,343.77 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This is i 47711" ? o a 5 a: w 0 w O LU a: U a W -j C7 CC2O zaa P- O L) W Cr O X dIllmy md&"$ below; Addre ?Yw ? No Green Tree Consumer Discount Company Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-1583 7/07 v D 0 C: _ Zn rD' Z z D n t7 r m m>? Tm? ?o m a M4 M z v DF7Af 1 PS Form 3811, July 2001 Domestic Retum Receipt a debt and any information 3. Service Type CIMTIFIED MAIL I l 4. Restricted OeAvery? (Exbs Fie) ? yes t. Article Addressed to: DAHcT `1V X VERIFICATION I, Jennifer Lockerman, Collections Manager, and duly authorized representative of Green Tree Consumer Discount Company do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing are true and correct to the best of my information and belief. ?knnifePtockerman v Collection Manager Green Tree Consumer Discount Company s J? f/1 s { r G? ? D _ -n ? i Ch GL? ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00822 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAVIS WILLIAM L 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 DAVIS WILLIAM L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , DAVIS WILLIAM L 671 SHIPPENSBURG ROAD NOT FOUND , as to NEWVILLE, PA 17241-9476 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing 18.00 Service 12.48 Not Found 5.00 Surcharge 10.00 .00 a?//3/0 P ? 4 5 .4 8 So answers: R. Thomas Kline Sheriff of Cumberland County VOELKER & ASSOCIATES 02/08/2008 Sworn and Subscribed to before me this day of A. D. CASE NO: 2008-00822 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAVIS WILLIAM L ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHAPMAN-DAVIS LAURA LEE the DEFENDANT , at 1825:00 HOURS, on the 7th day of February , 2008 at 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241-9476 by handing to JAYME CHAPMAN, DAUGHTER 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 6.00 .00 .00 10.00 .00 ? 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/08/2008 VOELKER & ASSOCIATES By: uty She; `i A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. CIVIL DIVISION No. 08-822 Civil Term TYPE OF PLEADING: Plaintiff s Praecipe for Default Judgment Pursuant to PA. R.C.P. 1037(b) FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. Principal $78,036.35 Interest $ 1,103.70 Attorneys fees $ 750.00 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C.P.1037(b) TO THE PROTHONOTARY: Kindly enter judgment in the sum specified below, in favor of Plaintiff, and against Defendant Laura Lee Chapman-Davis, for failure to file an Answer or otherwise respond in the above-captioned action at the above number and term within twenty (20) days from the date of service of the Complaint. Please assess Plaintiff's damages against Defendant Laura Lee Chapman-Davis as follows: Costs to be added CIVIL DIVISION No. 08-822 Civil Term days x $ 44.15per diem)78 TOTAL $79,890.05 I certify that a written notice of intention to file this Praecipe was mailed to Defendant after the default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further certify that Defendant is not in active military service. A copy of the Notice is attached hereto as Exhibit "A". The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, WELKER & ASSOCIATES, P.C. Z --7 Edward F. Voelke , Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. 08-822 Civil Term v. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. TO: Laura Lee Chapman-Davis ADDRESS: 671 Shippensburg Road, Newville, PA, 17241-9476 DATE: March 4, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VOE S ES, P Edward oelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 LXK181f- 4 LF 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached was served upon the following by first class United States mail, postage pre-paid, this Z- day of 2008. Laura Lee Chapman-Davis 671 Shippensburg Road Newville, PA 17241-9476 VOELKER & ASSOCIATES, P.C. Edward F. Voelker, r. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 ? rya r; - Him 00 xb ??. co .C" -r t N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMO Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. CIVIL DIVISION No. 08-822 Civil Term TYPE OF PLEADING: Judgment Notice of Order, Decree or FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Donnish PA I.D. 459890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 r _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. TO: ( ) Plaintiff (X) Defendants ( ) Garnishee ( ) Additional Defendant NOTICE OF ORDER DECREE OR JUDGMENT You are hereby against you on ( ) Decree Nisi in Equity. that the following Order, Decree, or Judgement has been entered ( ) Final Decree in Equity. (X) Judgment of ( ) Confession (X) Default ( ) Non-Pros (X) Judgment is in the amount: $79,890.05 Plus Costs CIVIL DIVISION No. 08-822 Civil Term 08-825 ( ) Verdict ( ) Non-suit ( ) Arbitration Award () District Justice Transcript of Judgement in (Assumpsit/Trespass) in the amount of $ , PLUS COSTS. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Pennsylvania Department of Transportation. PROTHONOTARY By -- If you have any questions concerning the above, please contact: Name of Attorney for Plaintiff: Edward F. Voelker, Jr. Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. TYPE OF PLEADING: Praecipe for Writ of Execution Wit w"-L-Qavu-&Ft& Laura Lee Chapman- Davis and Jamie Davis, FILED ON BEHALF OF PLAINTIFF: Defendants. Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Domish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 I\ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term k v. eo Ah'il -DRA.4s, Laura Lee Chapman ?nSb?rg gg1t , X11 51?' f?P A, Davis i , 1101 P Defendants. ?ewville PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue a Writ of Execution in the above captioned matter. Principal $78,036.35 Interest $ 1,103.70 Attorneys fees $ 750.00 Cots to be added (78 days x $ 14.15per diem) TOTAI, $79,890.05 Respectfully submitted, VOELKER & ASSOCIATES, P.C. Edwar r, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 r; - ?ee vvlvz ? r CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached was served upon the following by first class United States mail, postage pre-paid, this _1 -5_ day of 2008. Laura Lee Chapman-Davis 671 Shippensburg Road Newville, PA 17241-9476 IVOELKE C ES, P.C. Edward F. , Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 o W ? 44a r r C? n 0 O 00 b b 0 0 0 0 09 Q t? -p 3 0 O 00 O s D TI Q f? rn a 17 C, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-822 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From LAURA LEE-CHAPMAN-DAVIS, 671 Shippensburg Rd, Newville, PA 17241-9476 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the Defendant. (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 $78,036.35 Interest (78 DAYS x $14.15 per diem) - $1,103.70 Atty's Comm $750.00 % Atty Paid $180.48 Plaintiff Paid Date: 4/21/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs to be added /Of --- 6-? L4T- Curtis . Long, Pro ry By: Deputy REQUESTING PARTY: Name EDWARD F. VOELKER, JR, ESQUIRE Address: VOELKER & ASSOCIATES, P.C. HAMPTON STONEWORKS PROFESSIONAL BUILDING 3960 ROUTE 8, SUITE 200 ALLISON PARK, PA 15101-3603 Attorney for: PLAINTIFF Telephone: 412-486-8800 Supreme Court ID No. 55414 r ..r R I THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Diet Company, Plaintiff, V. William L. Davis and Laura Lee ,r'hapman-Davis, Defendants. CIVIL DIVISION No. 08-822 Civil Term TYPE OF PLEADING: Praecipe for Writ of Execution FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Conipart? COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. William L. Davis and Laura Lee Chapman-Davis, Defendants. PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue a Writ of Execution in the above captioned matter as to Laura Lee Chapman- Davis. Judgement Amount $ 79,890.05 Cost to be Added $ Total $ Respectfully submitted, VOELKER & ASSOC ES, P.C. Edward -Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional. Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 A CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached was served upon the following by first class United States mail, postage pre-paid, this day of l' 2008. Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 Matthew J. Eshelman, Equire P.O. Rax 1080 Camp Hill, PA 17001 -1080 VOELKER & ASSOCIATES, P.C. Ed '6. Voe ker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-360:3 (412) 486-8800 bA d c o 6" t3 0 C t 0?0 O O p o0 D O 4A. 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. William L. Davis and Laura Lee Chapman-Davis; Defeadants. AFFIDAVIT OF ACT 91 of 1983 I, Ann F. Quimby, being first duly sworn according to law, deposes and says that I am counsel for Plaintiff Green Tree Consumer Discount Company in the above captioned matter; that as such I am familiar with the facts involved in the captioned matter and authorized to make this affidavit for and on behalf of Plaintiff; that all applicable requirements of Act 91 have been complied with; and that the statements contained herein are true and correct to the best of my knowledge, information and belief. VOELKER & ASSOCIATES, P.C. 1 F. Quiet y Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 -=' i -r r r t t r.. C-D L? w • a COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) ON THIS, the ?day of 2008 before me a Notary Public in and for the Commonwealth and County aforesaid, t undersigned officer, personally appeared Ann F. Quimby, known. to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained IN WITNESS WHEREOF, I hereunto set.my hand and official seal. NOTARY PUBLIC cOAlMAomm.N OF PENNSYLVARI 1+ 8"1 EdwsrO F.1MsMcer Jr., Nobry Public Hampton 7Wp., AlbpheM C2o5urtY CiGrnmbei0n EXpirea ?• Member, Penn"" AeeocOms, of Notarise 6 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V William L. Davis and Laura Lee Chapman-Davis, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS I, Ann F. Quimby, being first duly sworn according to law, deposes and says that to the best of my knowledge, information and belief, that the last known address of the Defendants are: Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 VOELKER & ASSOCIATES, P.C. ?Z? ?1' Ann F. Quimby Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 t: ?7 Y `t ? ;?ll rte.. r Fri f' ? ti 1 ( _ ?7 1 64 COMMONWEALTH OF PENNSYLVANIA ) 1 SS: COUNTY OF ALLEGHENY ) ON THIS, the _ day of - 008, before me, a Notary Public in and for the Commonwealth and County aforesaid, t undersigned officer, personally appeared Ann F. Quimby, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NO IC COMMOMEA4 i'H OF PENNSYLVAN'A 'igtarial Saw Edward F •,--1ker Jr., NotaryPubBc HOMOW L`pl{Vf 6v'XI .25.2009 ennsylvania Notaries N "? `- r;? ?"' ?.'? ., t ?, . _ .. ?. ?. ?, .., ? ? h h y C,." i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. William L. Davis and Laura Lee Chapman-Davis, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, Plaintiff, sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 671 Shippensburg Road, Newville, PA, 17241, which property is more fully described in Exhibit "A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 2. Name and address of defendant(s) in the judgment: Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Green Tree Consumer Discount Co. (Plaintiff herein) 3 Executive Park Drive Bedford, NH 03110-6919 4. Name and address of last recorded holder of every mortgage of record: Green Tree Consumer Discount Co. (Plaintiff herein) 3 Executive Park Drive Bedford, NH 03110-6919 5. Name and address of every other person who has any record lien on the property: First Resolution Investment Corp. (Docket # 200802107) 4190 Lougheed Hwy, Suite 401 Vancouver, BC V5C 6A8, Canada North Newton Township Tax Collector 903 Big Spring Road Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Discover Bank c/o Eric M. Berman, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 17241 Joseph Carminati Box 1005 Carlisle, PA 17013 Citibank (South Dakota) NA 701 East 60`}' Street Sioux Falls, SD 57104 Reliance Finance Company 3810 Walnut Street Harrisburg, PA 17109 Discover Bank P.O. Box 6011 Dover, DE 19903 MBNA America Bank NA 655 Paper Mill Road Mail Stop 1411 Wilmington, DE 19884 Soverign Bank 100 North 3rd Street Easton, PA 18042 Ford Credit 575 East Swedesford Road Suite 100 Wayne, PA 19807 Atlantic Credit & Finance Inc. 3353 Orange Ave. Roanoke, VA 24012 Capital One Bank -6851 Jericho Turnpike #190 Syosset, NY 11791 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: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Unknown Tenant 671 Shippensburg Rd. Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating o unsworn falsification to authorities. WELKER & OCIATES, Edward F. oelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 ?-? ?? s--: ? ::? ?: ;.`. := cry ?-; -? -?. .??- :_? ? s ` t.a ? , ,: .'.: t'; T '? f e r '+ d ,, 4Y -< ? IN TI4E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman-Davis, Defendants. CIVIL DIVISION No. 08-822 Civil Term NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Defendants and Interested Parties: TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County to the Sheriff of Cumberland County, there will be exposed to Public Sale at Cumberland Countv Courthouse, One Courthouse Square. Carlisle PA 17013 on December 10, 2008 at 10:00 am o'clock, the following described property, with all improvements, of which William L. Davis, Deceased and Laura Lee Chapman-Davis are the owners or reputed owners: ALL that certain tract or parcel of land, situate and lying and being in the Township of Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Bounded and described in accordance with a plan prepared by Stanley Jarmolenko, R.S., dated November 13, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 47, Page 14, as follows, to-wit: BEGINNING at a point on the dedicated right of way line of PA Route 533 at corner of Lot No. 6 of the above mentioned Plan of Lots; thence along Lot No. 6, South 57° 33' East 300.00 feet to a point; thence along other lands now or formerly of Kimba, Inc., South 32° 25' West. 150.00 feet to a point at line of Lot No. 8 of said Plan; thence along Lot No. 8, North 57° 35' West, 300.00 feet to a point on dedicated right of way line of PA Route 533; thence along PA Route 533, North 32° 25' East, 150.00 feet. BEING Lot No. 7 on said Plan. Being known and numbered as 671 Shippensburg Road, Newville, PA 17241. ALSO BEING known and designated as Tax Parcel I.D. No. 30-09-0513-003D. r Claims against property must be filed at the Office of the Sheriff before the 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 sale date. Exceptions to Distribution 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 the Schedule of Distribution. is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, a petition with the Court alleging a valid defense and a reasonable excuse for failing to file a defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE ANY DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. VOELKE&4e-2k5SOCIATES, P.C. Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-822 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From LAURA LEE CHAPMAN-DAVIS (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 $79890.05 L.L.$ 0.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $180.48 Other Costs Plaintiff Paid Date: 9/03/08 S Pro otary (Seal) By: Deputy REQUESTING PARTY: Name: EDWARD F VOELKER JR, ESQUIRE Address: VOELKER & ASSOCIATES, PC HAMPTON STONEWORKS PROFESSIONAL BUILDING 3960 ROUTE 8, SUITE 200 ALLISON PARK, PA 15101-3603 Attorney for: PLAINTIFF Telephone: 412486-8800 Supreme Court ID No. 55414 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Arlington Loan Servicing LLC is the grantee the same having been sold to said grantee on the 7th day of January A.D., 2009, under and by virtue of a writ Execution issued on the 3rd day of September, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 822, at the suit of Green Tree Consumer Disc Co against William L Davis & Laura Lee Chapman-Davis is duly recorded as Instrument Number 200902817. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -,? _Iwt day of A.D. of Deeds sds, CwnbarWW County, Cadit. PA My CwIssion Expires ttw First Monday of Jan. 2010 Green Tree Consumer Discount Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania William L. Davis and Laura Lee Chapman- Writ No. 2008-822 Civil Term Davis R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Laura Lee Chapman-Davis, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Laura Lee Chapman-Davis. The property is vacant, however, the post office advises they still deliver the defendant's mail to the given address. York County Return: And now, November 17, 2008 at 1105 hrs served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, upon the within named defendant, to wit; Laura Lee Chapman-Davis by handing to her personally at 695 Gitts Run Road, Hanover, PA 17331 one true and attested copy of the same. So answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 1956 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 William L. Davis and Laura Lee Chapman-Davis, located at 671 Shippensburg Road, Newville, Cumberland County, Pennsylvania according to law. 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 January 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $70,000.00 to Arlington Loan Servicing, LLC. It being the highest bid and best price received for the same, Arlington Loan Servicing, LLC, of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $74,129.78. Sheriffs Costs: Docketing $30.00 Poundage 1,400.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 56.00 Levy 15.00 Surcharge 20.00 Out of County 9.00 York County 48.74 Postpone Sale 20.00 Law Journal 355.00 Patriot News 302.66 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $2,436.32 ? 110 q /a Y ,, So Answers: R. Thomas Kline, Sheriff BYE ? ? Real Estate S rgeant c4A-I- Gk G -?9iG iL .2-9 0"Y0 )UNnM L Z :Q! Wig ? - ON 6901 Defendants. CIVIL DIVISION No. 08-822 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. William L. Davis and Laura Lee Chapman-Davis, Green Tree Consumer Discount Company, Plaintiff, sets forth as of the date of the praecipe for the writ of execution was filed the following information concerning the real property located at 671 Shippensburg Road, Newville, PA, 17241, which property is more fully described in Exhibit "A" attached hereto. 1. Name and address of owner(s) or reputed owner(s): Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 2. Name and address of defendant(s) in the judgment: Laura Lee Chapman-Davis, survivor of William L. Davis, Deceased 138 Westgate Drive Mount Holly Springs, PA 17065 Laura Lee Chapman-Davis 138 Westgate Drive Mount Holly Springs, PA 17065 3. Name and address of every judgme"ht creditor whose judgment is a record lien on the real property to be sold: Green Tree Consumer Discount Co. (Plaintiff herein) 3 Executive Park Drive Bedford, NH 03110-6919 4. Name and address of last recorded holder of every mortgage of record: Green Tree Consumer Discount Co. (Plaintiff herein) 3 Executive Park Drive Bedford, NH 03110-6919 5. Name and address of every other person who has any record lien on the property: First Resolution Investment Corp. (Docket # 200802107) 4190 Lougheed Hwy, Suite 401 Vancouver, BC V5C 6A8, Canada North Newton Township Tax Collector 903 Big Spring Road Shippensburg, PA 17257 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Discover Bank c/o Eric M. Berman, P.C. 198 Allendale Road, Suite 306 King of Prussia, PA 17241 Joseph Carminati Box 1005 Carlisle, PA 17013 Citibank (South Dakota) NA 701 East 601h Street Sioux Falls, SD 57104 Reliance Finance Company 3810 Walnut Street Harrisburg, PA '17109 Discover Bank P.O. Box 6011 • Dover, DE 19903 MBNA America Bank NA 655 Paper Mill Road. Mail Stop 1411 Wilmington, DE 19884 Soverign Bank 100 North 3Td Street Easton, PA 18042 Ford Credit 575 East Swedesford Road Suite 100 Wayne, PA 19807 Atlantic Credit & Finance Inc. 3353 Orange Ave. Roanoke, VA 24012 Capital One Bank 6851 Jeriche Turnpike #190 Syosset, NY 11791 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: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Unknown Tenant 671 Shippensburg Rd. Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating o unsworn falsification to authorities. VOELKER & OCIATES, Edward F. oelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF CCSMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. William L. Davis and Laura Lee Chapman-Davis, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Defendants and Interested Parties: TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County to the Sheriff of Cumberland County, there will be exposed to Public Sale at Cumberland County Courthouse, One Courthouse Square Carlisle PA 17013 on December 10, 2008 at 10:00 am o'clock, the following described property, with all improvements, of which William L. Davis, Deceased and Laura Lee Chapman-Davis are the owners or reputed owners: ALL that certain tract or parcel of land, situate and lying and being in the Township of Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Bounded and described in accordance with a plan prepared by Stanley 3armolenko, R.S., dated November 13, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 47, Page 14, as follows, to-wit: BEGINNING at a point on the dedicated right of way line of PA Route 533 at corner of Lot No. 6 of the above mentioned Plan of Lots; thence along Lot No. 6, South 57° 33' East 300.00 feet to a point; thence along other lands now or formerly of Kimba, Inc., South 32° 25' West. 150.00 feet to a point at line of Lot No. 8 of said Plan; thence along Lot No. 8, North 57° 35' West, 300.00 feet to a point on dedicated right of way line of PA Route 533; thence along PA Route 533, North 32° 25 East, 150.00 feet. BEING Lot No. 7 on said Plan. Being known and numbered as 671 Shippensburg Road, Newville, PA 17241. ALSO BEING known and designated as Tax Parcel I.D. No. 30-09-0513-003D. Claims against property must be filed at the Office of the Sheriff before the 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 sale date. Exceptions to Distribution 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 the Schedule of Distribution. is filed in the Office of the Sheriff. Attached hereto is a copy of the Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held 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 NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, a petition with the Court alleging a valid defense and a reasonable excuse for failing to file a defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution or service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR IF THERE ARE ANY DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN THE TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF: VOELKE SOCIATES,: P.C. Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 Exhibit "A" Legal Description of Subject Property ALL that certain tract or parcel of land, situate and lying and being in the Township of NO ``' k Newton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: Bounded and described in accordance with a plan_prepared by Stanley Jarmolenko, R.S., dated November 13, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 47, Page 14, as follows, to-wit: BEGINNING at a point on the dedicated right of way line of PA Route 533 at corner of Lot No. 6 of the above mentioned Plan of Lots; thence along Lot No. 6, South 57° 33' East 300.00 feet to a point; thence along other lands now or formerly of Kimba, Inc., South 32° 25' West, 150.00 feet to a point at line of Lot No. 8 of said Plan; thence along Lot No. 8, North 57° 35' West, 300.00 feet to a point on dedicated right of way line of PA Route 533; thence along PA Route 533, North 32° 25' East, 150.00 feet. BEING Lot No. 7 on said Plan. Being known and numbered as 671 Shippensburg Road, Newville, PA 17241. ALSO BEING known and designated as Tax Parcel I.D. No. 30-09-0513-003D. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OE PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-822 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From LAURA LEE CHAPMAN-DAVIS (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 $79890.05 L.L.$ 0.50 Interest Atty's Comm % Due Prothy $2.00 Atty Paid $180.48 Other Costs Plaintiff Paid Date: 9/03/08 Pro notary '/ L (Seal) By: - 64-th, 4k Deputy REQUESTING PARTY: Name: EDWARD F VOELKER JR, ESQUIRE Address: VOELKER & ASSOCIATES, PC HAMPTON STONEWORKS PROFESSIONAL BUILDING 3960 ROUTE 8, SUITE 200 ALLISON PARK, PA 15101-3603 Attorney for: PLAINTIFF Telephone: 412486-8800 Supreme Court ID No. 55414 Real Estate Sale #59 On September 5, 2008 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 671 Shippensburg Rd., Newville C more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2008 By: Real Estafe Sergeant SCHEDULE OF DISTRIBUTION • SALE NO. 59 Date Filed: January 23, 2009 Writ No. 2008-822 Civil Term Green Tree Consumer Discount Company VS William L. Davis and Laura Lee Chapman-Davis 671 Shippensburg Road Newville, PA 17241 Sale Date: January 7, 2009 Buyer: Arlington Loan Servicing, LLC Bid Price: $70,000.00 Real Debt: $79,890.05 Interest: Attorney Writ Costs: 180.48 Total: $80,070.53 DISTRIBUTION: Receipts: Cash on account (09/04/2008): $ 2,000.00 Cash on account (01/07/2009): 7,000.00 Cash on account (01/22/2009): 67,129.78 Total Receipts: $76,129.78 Disbursements: Sheriffs Costs $2,436.32 Legal Search 300.00 Transfer Tax, Local 1,214.89 Transfer Tax, State 1,214.89 Cumberland County Tax Claim Bureau 6,648.00 Darlene Pittman, Tax Collector 711.43 Attorney Edward Voelker 2,000.00 Green Tree Consumer Discount Company 61,604.25 Total Disbursements: ($76,129.78) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 59 held January 7, 2009 EFFECTIVE DATE: January 7, 2009 PREMISES: 671 Shippensburg Road, Newville, North Newton Township, Cumberland County, Pennsylvania, Tax Parcel No. 30-09-0513-003D (the "Premises") RECITAL: Being the same premises which Donald R. Snyder and Penny Snyder, husband and wife, and Priscilla K. Snyder, widow, by their Deed dated May 1, 1997 and recorded May 27, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 158, Page 244, granted and conveyed unto William L. Davis and Laura Lee Chapman Davis, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. . h 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Mortgage in the amount of $87,459.00 from William L. Davis and Laura Lee Chapman- Davis to Green Tree Consumer Discount Company dated June 4, 1998 and recorded June 11, 1998 in Mortgage Book 1460, Page 124. -2- 21. Judgment against William Davis in favor of Citibank (South Dakota) N.A. in the amount of $6,897.92 entered February 11, 2005 to No. 2004-6511. 22.* *' Judgment against William L. Davis in favor of Discover Bank in the amount of $11,230.37 entered April 18, 2005 to No. 2004-5305. 23. Judgment against William L. Davis in favor of MBNA America Bank, N.A. in the amount of $7,681.75 entered August 24, 2005 to No. 2004-5621. 24. Judgment against William L. Davis, Laura L. Davis, et al. in favor of Sovereign Bank in the amount of $446,795.80 entered November 22, 2005 and in the amount of $48,120.70 entered November 22, 2005 to No. 2005-6021. 25. Judgment against William L. Davis and Laura L. Davis in favor of Ford Motor Credit Company in the amount of $13,27429 entered September 13. 2006 to No. 2006-4459. 26. Judgment against William L. Davis in favor of Atlantic Credit & Finance, Inc. in the amount of $10,515.45 entered March 28, 2007 to No. 2007-0053. 27. Judgment against Laura Lee Chapman-Davis in favor of Green Tree Consumer Discount Company in the amount of $79,890.05 entered April 8, 2008 to No. 2008-0822 with respect to the Mortgage identified as item 20, above. 28. Judgment against Laura Lee Chapman-Davis in favor of Green Tree Consumer Discount Company in the amount of $79,640.05 entered April 7, 2008 together with judgment for possession against Laura Lee Chapman-Davis entered April 7, 2008 to No. 2008-0825. 29. Subject to the Petition and Rule filed and entered against William L. Davis and Laura Lee Chapman on October 31, 2008 and November 5, 2008 by Cumberland County Tax Claim Bureau entered to No. 2008-6480 with respect to a proposed judicial sale of the Premises. 30. Subject to $6,606.75 due to the Tax Claim Bureau together with any interest and penalties that have accrued thereon. 31. Subject to any possible claim or defect in title due to the absence of any judgment in mortgage foreclosure against William L. Davis. 32. Subject to the restrictions in Deed Book 158, Page 244. 33. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of North Newton Estates recorded in Plan Book 47, Page 14. . L 34. Subject to the rights granted The United Telephone Company of Pennsylvania in Misc. Book 297-, Page 555. 35. Subject to the rights of others in and to any portion of the Premises lying within or adjoining PA Route 533 and/or Shippensburg Road. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: V . I kll? Keith O. Brenneman -4- REAL ESTATE SALE NO. 59 Writ No. 2008-822 Civil Green Tree Consumer Discount Company VS. William L. Davis and Laura Lee Chapman-Davis Atty.: Edward Voelker LONG DESCRIPTION ALL that'certain tract or parcel of land, situate and lying and being in the Township of North Newton in the County of Cumberland and Com- monwealth of Pennsylvania, more particularly bounded and described as follows: Bounded and described in ac- cordance with a plan prepared by Stanley Jarmolenko, R.S., dated No- vember 13, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland Cotanty in Plan Bouk 47, Page 14, as follows, to-wit: BEGINNING at a point on the dedicated right of way line of PA Route 533 at corner of Lot No. b of the above mentioned Plan of Lots; thence along Lot No. b, South 57' 33' East 300.00 feet to a point; thence along other lands now or formeriv of Kimba, Inc., South 32' 25' West, 150.00 feet to a point at line of Lot No. 8 of said Plan; thence along Lot No. 8, North 57' 35' West, 300.00 feet to a point on dedicated right of way line of PA Route 533; thence along PA Route 533, North 32' 25' East, 150.00 feet. BEING Lot No. 7 on said Plan. Being known and numbered as 671 Shippensburg Road, Newville PA 17241. ALSO BEING known and desig- nated as Tax Parcel I.D. No. 30-09- 0513-003D. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 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. Coyne, SWONN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 MILL NOTATS 9AU& NO. " Writ No. 2008-822 Civil Green Tree Consumer Discount Company VS. William L. Davis and Laura Lee Chapman-Davis Atty.: Edward Voelker LONG DESCRIPTION ALL that certain tract or parcel of land, situate and lying and being in the Township of North Newton in the County of Cumberland and Com- monwealth of Pennsylvania, mare particularly bounded and described as follows: Bounded and described in ac- cordance with a plan prepared by Stanley Jarmolenko, R.S., dated No- vember 13, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 47, Page 14, as follows, to-wit: BEGINNING at a point on the dedicated right of way line of PA Route 533 at corner of Lot No. 6 of the above mentioned Plan of Lots; thence along Lot No. 6, South 57° 33' East 300.00 feet to a point; thence along other lands now or formerly of Kimba, Inc., South 32° 25' West, 150.00 feet to a point at line of Lot No. 8 of said Plan; thence along Lot No. 8, North 57° 35' West, 300.00 feet to a point on dedicated right of way line of PA Route 533; thence along PA Route 533, North 32° 25' East, 150.00 feet. BEING Lot No. 7 on said Plan. Being known and numbered as 671 Shippensburg Road, Newville PA 17241. ALSO BEING known and desig- nated as Tax Parcel I.D. No. 30-09- 0513-003D. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101: Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*otwXews Now you know 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: Y 10/29/08 11/05/08 11/12/08 R Sworn to andmethis 25 day of..'November, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA I Notarial Seal Sherrie L. Kisner, Nota i City Of Harris N Public lg , Dauphin County Member p m Association ? oof 20 t M Notaries RON Embft 800 No. 59 wilt Me, 2MM$4M2 CWV Tom Grew 7io Comer Obamd C vs VMlo .L. Davis and Laura Lm , I UWA)"Wi At MM" Ethrard Vbeiksr - ALL that certain. tract or parcel of lanai; situate and lying and being in the Tmusbip of North Newton in the County of Cumberland and Commmwoft of Pennsylvania, more petdcubuty bounded and described as follows: Bounded and described in accordance with a plan pared by Stanley Jarmolenko, R.S., dated November 13, 1964, and recorded in die Office of the Recofder of Deeds in and for Cumberland County is An Book 47, Page 14, as follows, W-wit: BEG$itliM at a point on the deli,94fght of way line of PA Route 533 at cornier of Lot No. 6 of the above mentioned Plan of Lou; thence along Lot No. 6, South 57° 33' East 300.00 feet to a point;:.fbence along, other lards now of formerly of-Kimba, Inc.. South 32° 25' West, 150.00 feet to a:point at lime of IA No. ,8 of said Plan; along Lot No. 8, North 57 35' West, 00.00 feet to a point on dedicated right of way line of PA Route 533; thence ,along PA Route 533, North 32° 25' East, 150.00 feet. BEM Lot No. 7 on said Plan. Being known and. numbered as 671 S . Road, Newville, PA 17241. ALSO BOM known and designate as Tax Parcel ID. No. 304"13-003D.