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HomeMy WebLinkAbout04-0106FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 COURT OF COMMON PLEAS CiVIL DiVISION KIRK SHANK VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 Plaintiff TERM CUMBERLAND COUNTY Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the 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. 117 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 85024 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAlL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORECE A LIEN ON REAL ESTATE. File #: 85024 Plaintiff is WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 The name(s) and last known address(es) of the Defendant(s) are: KIRK SHANK VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/01/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1764, Page 3904, The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2003 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 85024 The following amounts are due on the mortgage: Principal Balance Interest 08/01/2003 through 01/08/2004 (Per Diem $23.35) Attorney's Fees Cumulative Late Charges 07/01/2002 to 01/08/2004 Cost of Suit and Title Search Subtotal $121,750.58 3,759.35 1,250.00 163.68 $ 550.00 $ 127,473.61 Escrow Credit 0.00 Deficit 788.78 Subtotal $ 788.78 TOTAL $128,262.39 The attomey's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of I974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ I28,262.39, together with interest from 01/08/2004 at the rate of $23.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, By: FEDERMAN_&ND PHELAN, LLI~ ~' / /s/Francis S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 85024 ~e, I:~)qd. Cclrlisl e. · VERIFICATION FRANCIS S. HALL1NAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: . ~ SHERIFF'S RETURN - CASE NO: 2004-00106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK NA VS SHANK KIRK ET AL REGULAR VALERIE WEARY Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE SHANK KIRK DEFENDANT , at 1719:00 HOURS, on the at 173 EAST PENN STREET APT CARLISLE, PA 17013 KIRK SHANK a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2nd day of February , 2004 1 by handing to - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 3.45 ~~~ ,//~__~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.45 02/03/2004 FEDERMAN & PHELAN Sworn and Subscribed to before By: /// .//~ me this ~ ~ day of ~/~J~DetJ~ty~'/~Sheri~/~ //Prothonotar~ - SHERIFF'S CASE NO: 2004-00106 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CLrMBERLAND WASHINGTON MUTUAL BANK NA VS SHANK KIRK ET AL RETURN - REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHANK VALERIE the DEFENDANT , at 1147:00 HOURS, on the 26th day of January , 2004 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to VALERIE SHANK 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of So Answers: Thomas Kline 02/03/2004 FEDERMAN & PHELAN FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215} 563-7000 WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY, BUILDING 100 JACKSONVILLE, FL 32256 Plaimiff, KIRK SHANK VALER1E SHANK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-106 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiffand against KIRK SHANK and VALERIE SHANK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintif£s damages as follows: As set forth in Complaint Interest from 1/9/04 to 6/3/04 TOTAL $128,262.39 $3,432.45 $131,694.84 I hereby certify that (1) the addresses of the Plaintiffand Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ,/-) PRO PROTHY ~ ~ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) 563-7000 WASHINGTON MUTUAL BANK, F.A Plaintiff Vs. ATTOKNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY KIRK SHANK VALERIE SHANK : NO. 04-106-CIVIL Defendants TO: KIRK SHANK 173 EAST PENN STREET APT 1 CARISLE ;, PA 17013 DATE OF NOTICE: MAY 14, 2004 THIS FIRM IS A DEBT COLLECTOR AI-rISMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 SHO!JLD 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LAVffRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) ~fiq-7000 WASHINGTON MUTUAL BANK, F.A Plgmtiff Vs. KIRK SHANK VALERIE SHANK Defendants ATTOILNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DMSION : CUMBERLAND COUNTY : NO. 04-106-CIVIL TO: VALERIE SHANK 2102 CIRCLE ROAD CARISLE, PA 17013 DATE OF NOTICE: MAY 14, 2004 THIS FIRM IS A DEBT COLLECTOR ATFEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FKANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2004-00106 p COMMONWEALTH OF PENNEY~ ~iA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK NA VS SHANK KIRK ET AL VALERIE WEARY , Cumberland County, Pennsylvania, says, the within COMPLAINT SHANK KIRK DEPENDANT , at 1719:00 at 173 EAST PENN STREET CARLISLE, PA 17013 KIRK SHANK a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, - MORT FORE was served upon HOURS, on the APT 1 the 2nd day of February , 2004 by handing to COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: DOserviceC k e t i n g 1 3.458'00 ,. ~ ,~_~__~/~ Affidavit .00 ~ "~'~ Surcharge 10.00 R. Thomas Kline .00 31.45 Sworn ~nd SubscribeJ no before me this day of A.D. 02/03/2004 FEDERNLAN & PHELAN Sher i~f~ Prothono£ary SHER'IFF'S RETURN REGULAR CASE NO: 2004-00106 P COMMONWEALTH OF PEN~'~Y!wAN~A: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK NA VS SHANK KIRK ET AL KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon SHANK VALERIE the DEPENDANT at 1147:00 HOURS, on the 26th day of January , at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to VALERIE SHANK a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, together with 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day o£ A.D. R. Thomas Kline Prothonotary FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 WASHINGTON MUTUAL BANK, F.A. 8120 NATIONS WAY, BUILDING 100 KIRK SHANK VALERIE SHANK Plaintiff, Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 04-106 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers~ and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant KIRK SHANK is over 18 years of age and resides at, 173 EAST PENN STREET, APT. 1, CARLISLE, PA 17013. (c) that defendant VALERIE SHANK is over 18 years of age, and resides at, 2102 CIRCLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center /tJN-03-2004 06:06:32 Military Status Report to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Kenneth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense E~ollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk(~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 6/3/2004 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHII~ADELPHIA, PA 19103-1814 (215) 563-7000 WASH I NGTON MUTUAL BANK, F.A. Plaintiff, KIRK SHANK VALERIE SHANK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-106 CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTI0_N_- _(?~?RTGAGE FORECLOSURE) P.R.C.P. 31BI1-31~.~ WASHINGTON MUTUAL BANK, F.A. : Plaintiff, ' v. : No. 04-106 CIVIL KIRK SHANK VALERIE SHANK : : Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/4/04 to SEPTEMBER 8, 2004 (per diem -$21.65) TOTAL $131,694.84 $2,100.05 and Costs $133,794.89 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale, ~ THAT CERTA3[N LOT OF id%ND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN NORTH MIDDLETON TOWNSHIP, C~MBERLAND COUNTY, P~%'NSYLVANIA, BOUNDED AND DESCRIBED /%8 FOLLOW8: BEING LOT NO. ?0 ON THE PITON OF C~E VIEW HEIf~{TS, SECTION A~ P~ED~D IN ~ OFFICE OF THE RECOEDER OF DEEDS FOR COUNTY, IN PLAN BOOK 23, PA~E 180; CONTA.INI~G 100 FEET A~ONG CIRCLE ROAD; OONTA//~/RG 150 FEET ALONG THE NORTH ALONG LOT NO. 69 ON SAID PL;~/; CONTAINING 100 FEET ALONG THE WEST ALONG ~ NOW OR FORMERLY OF HOOF, E, LEBO, HOOKE, ~ CONTAINING 150 FEET ALONG ?HE BOU'~/ A~ONG CUMBERLAND DRIVE AS SHO~N ON S/~ID pLAN. IISBI%ND ~ WIFE BY DEED FROM VERON'/QD~ M. L~BLAN~ P. ECOI~DED 3/31/2000 IN DE~) BOOK 218 PA~E 483 ~ ID~ 29-16~1094-324 DER NO. 1529915 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04406 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From KIRK SHANK AND VALERIE SHANK (1) You are cF~rected 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 m 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 t~om 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 be/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,694.84 L.L. $.50 Interest FROM 6/4/04 TO 9/8/04 (PERDIEM - $21.65) - $2,100.05 AND COSTS Atty's Corem % Due Prothy $1.00 Arty Paid $129.45 Other Costs Plaintiff Paid Date: JUNE 4, 2004 (Seal) CURTIS R. LONG Prothono~ REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOItN F. KENNEDY BOULEVARD, SUITE 1400 PItILADELPItlA, PA 19103 - 1814 Attorney for: PLAINTIFF Telephone: 21S-563-7000 Supreme Court ID No. 12248 Deputy WASHINGTON MUTUAL BANK, F.A. Plaintiff, Vo KIRK SHANK VALERIE SHANK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-106 CML AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK, F.A., Plaintiffin the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed thc following information concerning the real property located at, 2102 CIRCLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KIRK SHANK 173 EAST PENN STREET, APT. 1 CARLISLE, PA 17013 VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: NalTle Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 1 VALLEY STREET, SUITE 103 P.O. BOX 1232 CARLISLE, PA 17013 5. Name mad address of every other person who has any record lien on the property: Nalne Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: NaiTle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2102 CIRCLE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I nnderstand that faise statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. : Plaintiff, : KIRK SHANK · VALERIE SHANK : Defendant(s). : TO: KIRK SHANK 173 EAST PENN STREET, APT. 1 CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-106 CIVIL June 3, 2004 VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY1NFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOTREAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE AN A TTEMP T TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. ** Your house (real estate) at, 2102 CIRCLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enfome the court judgment of $131,694.84 obtained by WASHINGTON MUTUAL BANIC~ F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this SherifFs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 2~ T~-L~T C~Ti~.IN I~OT OF ~ WITH THE IMPRO%q~M~T~ T~EREON ERECTED SI~ATE ~ ~R~ MIDDL~N ~SHIP, ~B~ ~, BErG ~ ~. 70 ON ~E P~ OF C~K VI~ ~I~TS, SECTION "B", ~ ~ IN ~E OFFICE OF THE ~ER OF DE~S ~R ~, IN P~ ~K 23, P~E 180; ~I~ 100 FE~ CIR~.R ~; ~NO 150 ~ET ~NG ~ ~R~ ~NO ~T NO. 69 ON S~D DL~; ~NING 100 FE~ ~N~ ~E W~T ~NG ~ NOW OR ~Y OF H~, ~, H~, ~ ~N~G 150 F~T ~E ~Ul~ ~N~ ~E~ DRI~ ~ SHO~ ON S~D P~. BEING ~ 8/%ME pROpERTY CO~ TO KIRK SHAN-K AND V/%LERIE S~, HUSH/~qD AND WIFE BY DERD FROM VERONTQUE M. LEELANC RECORDED 03/31/2000 IN DERD BOOK 218 PA/]E 483 TAX ID~ 29-16-1094-324 ORDER NO. 1529915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, F.A. VS. KIRK SHANK VALERIE SHANK ) CIVIL .ACTION ) ) CIVIL DIVISION NO. 0~-106 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for W..~SSHINGTON MUTUAl, BANK~ F.A. hereby verify that on .June 4~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE:~ FRANK FEDEILMAN, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziej~ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of Sept A.D., 2.00.4, under and by virtue ora writ Execution issued on the 4th day of June, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 106, at the suit of Washin~on Mutual Bank F A against Kirk Shank & Valerie is duly recorded in Sheriff's Deed Book No. 265, Page 2618. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this t/ali-- day of ~)J~o.~~ , A.D2004 ~'~'~ ~ r~m ~t ~ ~ ~:~' eumt~r~r~ eo~ , ~,~ Recorder of Deeds Washington Mutual Bank, F.A. VS Kirk Shank and Valerie Shank In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004~106 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2004 at 6:14 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kirk Shank, by making known unto Kirk Shank, personally, at 510 Reed Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the salTle. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2004 at 6:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Valerie Shank, by making known unto Valerie Shank, personally, at 1879 Douglas Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2004 at 3:20 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kirk Shank and Valerie Shank located 2102 Circle Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kirk Shank, by regular mail to his last known address of 510 Reed Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Valerie Shank, by regular mail to her last known address of 1879 Douglas Drive, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2004 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 08, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 market Street, Suite 800, Philadelphia, PA 19103 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $694.19. Sheriff's Costs: Docketing $30.00 Poundage 13.61 Posting Bills 15.00 Advertising 15.00 Ackaaowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 10.60 Levy 15.00 Surcharge 30.00 Law Journal 186.35 Patriot News 242.14 Share of Bills 30.49 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 694.19 This //? day of OCli, ' ro~tho/o~/t~~/4*g~)n''- R. Thom~ Kline, Sheriff Real Estat~eputy WASHINGTON MUTUAL BANK, F.A. Plaintiff, KIRK SHANK VALERIE SHANK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-106 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WASHINGTON MUTUAL BANK. F.A., Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 2102 CIRCLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KIRK SHANK 173 EAST PENN STREET, APT. 1 CARLISLE, PA 17013 VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. I VALLEY STREET, SUITE 103 P.O. BOX 1232 CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Nanle Last Known Address (if address cam~ot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (ifad&ess cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2102 CIRCLE ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ell8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 3, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff WASHINGTON MUTUAL BANK, F.A. : Plaintiff, : KIRK SHANK : VALERIE SHANK : Defendant(s). : TO: KIRK SHANK 173 EAST PENN STREET, APT. 1 CARLISLE, PA 17013 CUMBERLAND COUNTY No. 04-106 CIVIL June 3, 2004 VALERIE SHANK 2102 CIRCLE ROAD CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFOR CEMENT OF A LIEN AGAINST PR OPER IT. * * Your house (real estate) at, 2102 CIRCLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 8, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131,694.84 obtained by WASHINGTON MUTUAL BANK, F.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriffwithin 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma,/not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~ THAT CERTi~IN LOT OF LAND WITH THE IMPROVEM~TS THEREON E~C-r~ SI~ATE ~ ~R~ MIDDLE~N ~SHIP, ~B~ ~, P~S~V~, ~ ~ DESCRIB~ ~ ~WS: BEING ~ ~. 70 ON ~E P~ OF C~K VI~ ~I~TS, SECTION ~ ~ IN ~E OFFICE OF ~E ~ER OF DE~S ~R ~~ ~, IN P~ ~K 23, P~E 180; ~ING 100 FE~ CIR~ ~; ~N~ 150 FEET ~NG ~ ~R~ ~NG ~T NO. 69 ON 8~D PL~; ~ING 100 FE~ ~NG ~E WEST ~NG ~ NOW OR ~Y OF H~, ~, ~, ~ ~N~G 150 F~T ~ ~ ~NG ~~ DRI~ ~ SHO~ ON ~D P~. BEING TEE SAME PEOPERTY COCk.eYED TO KIRK SHANK ~ VALERIE SHANK, }[USBAND ~ WIFE BY DEED FROM %q~RONIQ~IE M. L~BLAN~ P.]~CORDED 03/31/2000 IN DE~) BOOK 218 PA~E 483 TAX ID# 29-16-1094-324 ORDER NO. 1529915 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-106 Civil COUNTY OF CUMBERLAND) CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, F.A., Plaintiff (s) From KIRK SHANK AND VALERIE SHANK (1) You are directed to levy upon thc properV/of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach thc property of thc 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 $131,694.84 L.L. $.50 Interest FROM 6/4/04 TO 9/8/04 (PERDIEM - $21.65) - $2,100.05 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $129.45 Other Costs Plaintiff Paid Date: JUNE 4, 2004 (Seal) CURTIS R. LONG Prothono~t:)Y Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 - 1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 Real Estate Sale #50 On June 16, 2004 the sherifflevied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 2102 Circle Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated hereiR. Date: June 16, 2004 By: '.J~c~,,).~~ -'mx~ Real Estate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth ofPeunsylvania, CountyofDauphin} 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 Peunsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unammously 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 SALE#50 Sworn to and subscribed befores 23rd day ~f AugusJ~2~04 A.D. a~yofHorrisburg. Do~'phM.~'~ity ~ -~r ~/~.~z.-~-.~.--,*,~ My Commission Expires June 6. 20(~(D~ARY PUBLIC Member, PennsyJvaniaAssociat~t~l~siou expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 242.14 Publisher's Receipt for Advertising Cost isher of The Palriot-News and The Sunday Patriot-News, newspapers of general . ~ ~m~ ~ fi IC~ ~edge receipt of the aforesaid notice and publication costs and certifies that the same have TAX ID #29q6-10~4-3:14. 0RDI~ NO. 1529915. By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general cimulation, 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. REAL F~TATE ~ NO. 50 Writ No. 2004-106 Civil Washington Mutual Bank, F.A, Kirk Shank and Valerle Shank Atty.: Frank Federman SCHEDULE ALL THAT CERTAIN lot of land with the Improvements thereon erected situate In North Mlddleton Township, Cumberland County. Pennsylwania. bounded and described as follows: BEING L~t No, 70 on the plma of Creek View Heights, Sec0on 'B", as recorded in the Office of the Re- corder of Deeds for Cumberland County, In Plan Book 23, Page 180; containing 100 feet along Circle Road; containing 150 feet along the North along Lot No. 69 on said Plan; containing 100 feet along the West along land now or formerly of Hooke, Lebo, Hooke, and contalm (~!~sa Marie Coyne~/Editor SWORN TO AND SUBSCRIBED before me this 30 day of JULY 2004 LOIS E. SNYDER, Notary Pul)lic Carlisle Boro, Cumberland County My Commission Expires Mamh 5, 2005