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Home My WebLink About10-4724 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff vs. ~':`_' _ it T i •r. . r;, ~v a rM a = 33 ..,,. f~ Gt,« ... -_ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4724-CIVIL TERM DONALD L. SHIRLEY CUMBERLAND COUNTY NANCY J. BEAR Defendant(s) . PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 243678 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorne,~-fir Plaintiff ^ La rence 7'. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-29-10 PHS #: 243678 VERIFICATION Simone A Marino, hereby states that helshe is Senior Vice President of, SOVEREIGN BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~' '---- - Name: Simone A Marino DATE: July 1 b, 2010 Title: Senior Vice President Servicer: SOVEREIGN BANK File #: 243678 Name: SHIRLEY Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 3udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff vs. DONALD L. SHIRLEY NANCY J. BEAR Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-4724-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DONALD L. SHIRLEY 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 PHS #: 243678 NANCY J. BEAR 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 Phelan Hallman & Schmieg, LLP Attorne for Plaintiff By: _ ^ L rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 Date: 7-29-10 ^ Andrew C. Bramblett, Esq., Id. No. 208375 PHS #: 243678 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ ~ LI~ - - Jody S Smith d.~`~~~r sC 4ut~~irrf~~~ ,,r ~~ ~T t_;. ~,~, Chief Deputy ~ ~ ~ F~ ~ . I Richard W Stewart ', - ~ #U(T 't 1~M l {5~I Solicitor ~~ ~FIcE :~F -~F s-~~~~~r C.t i~ _ _:! ~i ~~f t/ r ' ~'~ F`.,_ ... ~..~ i So VSreign Bank Case Nuknber Donald L. Shirley (et al.) 2010-4724 SHER~FF'S RETURN OF SERVICE 07/26/2010 08:26 PM -Robert Bitner, Deput Sheriff, who being duly sworn according to law, states that on ,~uly 26, 2010 at 2026 hours, he served a rue copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: onald L. Shirley, by making known unto himself personally, at 1350 McClures Gap Road, Carlisle, C mberland County, Pennsylvania 17015 its contents and at the dame time handing to him personally the sai true and correct copy of the same. ROB BITNER, DEPUTY 07/26/2010 08:26 PM -Robert Bitner, Deput Sheriff, who being duly sworn according to law, states that on July 26, 2010 at 2026 hours, he served a rue copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: ancy J. Bear, by making known unto Donald Shirley, adult in charge at 1350 McClures Gap Road, Carlis e, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him perso ally the said true and correct copy of the same. d ROB RT BITNER, DEPUTY SHERIFF COST: $49.40 July 27, 2010 SO ANSWERS, RON R ANDERSON, SHEF2IFF (cj CountySuite Sheriff, Teleosoft, Inc. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. DONALD L. SHIRLEY NANCY J. BEAR Attorney for Plaintiff CIO 497f)3 R-if- "'AnI J4,4Y,e, PAle'. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4724-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DONALD L. SHIRLEY, and NANCY J. BEAR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 243678 As set forth in Complaint $129,137.49 Interest - 06/30/2010 to 08/31/2010 TOTAL $1,237.79 $130,375.28 I hereby certify that (1) the Defendant's last known address is 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753, and (2) that notice has been given in accordance with Rule 237.1, copy attached. AA *wrence Phelan, sq., Id. No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 ? 10aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7 9 ' / D CQ/ PHS # 243678 PROTHONOTA Y 243678 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK VS. DONALD L. SHIRLEY NANCY J. BEAR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4724-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DONALD L. SHIRLEY is over 18 years of age and resides at 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753. 243678 (c) that defendant NANCY J. BEAR is over 18 years of age and resides at 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: qa wre nce r Phelan, Eiq' ., Id. No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 niel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 243678 (Rule of Civil Procedure No. 236) - Revised SOVEREIGN BANK : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS DONALD L. SHIRLEY CIVIL DIVISION NANCY J. BEAR : No. 10-4724-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 9-9'16 By: If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr iSS * Hallman, Esq., Id. No. 62695 ? iel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." 243678 SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-4724-CIVIL TERM DONALD L. SHIRLEY CUMBERLAND COUNTY NANCY J. BEAR Defendant(s) TO: NANCY J. BEAR 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 DATE OF NOTICE: August 17, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 APPERANCE 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. PHS 4 243678 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She I R. Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 243678 SOVEREIGN BANK COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 10-4724-CIVIL TERM DONALD L. SHIRLEY CUMBERLAND COUNTY NANCY J. BEAR Defendant(s) TO: DONALD L. SHIRLEY 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 DATE OF NOTICE: August 17, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING 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 APPERANCE 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. PHS 9 243678 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 n (717) 249-3166 ! By: /awrnce T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 J the R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 243678 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P. R.C.P. 3180-3183 SOVEREIGN BANK Plaintiff v DONALD L. SHIRLEY NANCY J. BEAR Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/01/2010 to Date of Sale ($21.43 per diem) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4724-CIVIL TERM CUMBERLAND COUNTY $130,375.28 $3,921.69 TOTAL p ? ? F - d U-= W Q` - ?.jA?n _j W _ f- CM L`' e°ti C C.3 Note: Please attach description of property. PHS # 243678 -'a(1 .oa - cL 44- jig. ub- ear- a P4 .0c.) It $134,296.97 v G ? , t\ N-t) Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 e? ?oava?? '0 .2sr7S7 K" -v A A M O M 0 Tr W ¢ V1 ¢ ? W ? 3 AU, ,a Ua zoo Zc) °? A U ZM u O? a oa ?F O U OU O? UW W ?U as z •? W~a W O ? W ZU AZ O U W ? 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LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, more specifically bounded and described as follows: BEGINNING at an iron pin at a corner of the farm now or previously owned by Dale and Ruth Kling, of which this was a part, South 55 degrees 41 minutes, 36 seconds West 53 feet from a point in the center of Legislative Route No. 21033, known as the McClure Gap Road; thence South 76 degrees 41 minutes 36 seconds West 300 feet to an iron pin; thence South 9 degrees 41 minutes 19 seconds East 330.46 feet to an iron pin; thence North 82 degrees 45 minutes East 300 feet; thence North 9 degrees 44 minutes 25 seconds West 362.16 feet to an iron pin, the place of BEGINNING. CONTAINING 2.382 acres, more or less. BEING the same premises which David L. Bear, by his Deed dated June 16, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County immediately prior to the recording of this Mortgage, granted and conveyed unto Nancy J. Bear and Donald L. Shirley, husband and wife, Mortgagors herein. The above is in accordance with the survey of Larry Neidlinger, registered surveyor, April 18, 1977. See Plan Book 30, Page 51 in aforesaid office. Same is incorporated by reference herein. Together with all the interest in the right of way granted to Dale and Ruth Kling by Donna M. Howell, et vir, in a'Declaration of Right of Way dated May 17, 1977, recorded in aforesaid office in Misc. Book 228, Page 678. Together with all the interest in the right of way granted to Nancy J. Bear, Ruth Kling, Doris Zams, Linda Rose and Susan Nist, by David L. Bear in an easement dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 377. Together with all the interest in the right of first refusal granted to Nancy J. Bear by David L. Bear in an Agreement to Right of First Refusal dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 373. Subject, however, to the following restrictions: 1.No cesspools or privies or outhouses may be installed or maintained on this Lot. Septic tanks shall be used for sewer and waste disposal. 2. No dumping shall be permitted on this lot. Incinerators and equipment for storage or disposal of trash or waste shall be kept in a clean and sanitary condition. TITLE TO SAID PREMISES VESTED IN: Nancy J. Bear and Donald L. Shirley, w/h, by Deed from David L. Bear and Dorene L. Bear, h/w, dated 06/16/05, recorded 06/16/05 in Book 269, Page 2054 PREMISES BEING: 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753 PARCEL NO. 29-06-0023-024A Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 FILED-OFFICE One Penn Center Plaza OF THE PROTHONOTARY Philadelphia, PA 19103 215-563-7000 SOVEREIGN BANK Plaintiff V. DONALD L. SHIRLEY NANCY J. BEAR Defendant(s) Attorneys for Plaintiff 2010 DEC -1 PM 12: 00 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-4724-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: T/ U?1?Y/ 0 ?/ Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 SOVEREIGN BANK ` Plaintiff V. DONALD L. SHIRLEY NANCY J. BEAR Defendant(s) FI:LE€ 7OFFICE OF THE PROTHONOTARY 2010 DEC -1 PM 12: 00 CUMBERLAND COUNTY „ PENNSYLVANIA CUMBERLAND COUNTY PHS # 243678 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753. Name and address of Owner(s) or reputed Owner(s): Name DONALD L. SHIRLEY NANCY J. BEAR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4724-CIVIL TERM 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 TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA FIRST AMERICAN TITLE INSURANCE ATTN: FT1120 Address (if address cannot be reasonably ascertained, please indicate) 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OH 44115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. November 30, 2010 By: cltr "&" Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 SOVEREIGN BANK DONALD L. SHIRLEY NANCY J. BEAR FILEDr-OFFICE OF THE PROTHONOTARY 2010 DEC - I PM 12: DO CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION NO.: 10-4724-CIVIL TERM CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DONALD L. SHIRLEY NANCY J. BEAR 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $130,375.28 obtained by SOVEREIGN BANK (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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s 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. N 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4724-CIVIL TERM SOVEREIGN BANK vs. DONALD L. SHIRLEY NANCY J. BEAR owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1350 MCCLURES GAP ROAD, CARLISLE. PA 17015-7753 Parcel No. 29-06-0023-024A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,375.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 7 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, more specifically bounded and described as follows: BEGINNING at an iron pin at a corner of the farm now or previously owned by Dale and Ruth Kling, of which this was a part, South 55 degrees 41 minutes, 36 seconds West 53 feet from a point in the center of Legislative Route No. 21033, known as the McClure Gap Road; thence South 76 degrees 41 minutes 36 seconds West 300 feet to an iron pin; thence South 9 degrees 41 minutes 19 seconds East 330.46 feet to an iron pin; thence North 82 degrees 45 minutes East 300 feet; thence North 9 degrees 44 minutes 25 seconds West 362.16 feet to an iron pin, the place of BEGINNING. CONTAINING 2.382 acres, more or less. BEING the same premises which David L. Bear, by his Deed dated June 16, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County immediately prior to the recording of this Mortgage, granted and conveyed unto Nancy J. Bear and Donald L. Shirley, husband and wife, Mortgagors herein. The above is in accordance with the survey of Lang Neidlinger, registered surveyor, April 18, 1977. See Plan Book 30, Page 51 in aforesaid office. Same is incorporated by reference herein. Together with all the interest in the right of way granted to Dale and Ruth Kling by Donna M. Howell, et vir, in a Declaration of Right of Way dated May 17, 1977, recorded in aforesaid office in Misc. Book 228, Page 678. Together with all the interest in the right of way granted to Nancy J. Bear, Ruth Kling, Doris Zams, Linda Rose and Susan Nist, by David L. Bear in an easement dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 377. Together with all the interest in the right of first refusal granted to Nancy J. Bear by David L. Bear in an Agreement to Right of First Refusal dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 373. Subject, however, to the following restrictions: 1.No cesspools or privies or outhouses may be installed or maintained on this Lot. Septic tanks shall be used for sewer and waste disposal. 2. No dumping shall be permitted on this lot. Incinerators and equipment for storage or disposal of trash or waste shall be kept in a clean and sanitary condition. TITLE TO SAID PREMISES VESTED IN: Nancy J. Bear and Donald L. Shirley, w/h, by Deed from David L. Bear and Dorene L. Bear, h/w, dated 06/16/05, recorded 06/16/05 in Book 269, Page 2054 PREMISES BEING: 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753 PARCEL NO. 29-06-0023-024A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4724 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From DONALD L. SHIRLEY AND NANCY J. BEAR (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 $130,375.28 L.L. $.50 Interest FROM 9/1/2010 TO DATE OF SALE ($21.43 PER DIEM) -$3,921.69 Atty's Comm % Atty Paid $181.90 Plaintiff Paid Date: DECEMBER 1, 2010 (Seal) REQUEST114C. PARTY: Due Prothy $2.00 Other Costs D vid D. Buell, Prothonotary By: ?X"kf Deputy Name JAIME MCGUINNESS, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Andersc n Sheriff Jody S Smith Chief Deputy ? ?,?wttlr pt ?niubrr( 3 : ? yF I ? #17; Richard W Stewait Solicitor ,n Ci"t Yi`l t ) Er Sovereign Bank vs. Donald L. Shirley (et al.) Case Number 2010-4724 SHERIFF'S RETURN OF SERVICE 01/05/2011 02:56 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by positing a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1350 MCclures Gap Road, Carlisle, PA 17015, Cumberland County. 01/10/2011 05:55 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be DONALD SHIRLEY, who accepted as "Adult Person in Charge" for Nancy J. Bear at 1350 McClures Gap Road, North Middleton Township, Carlisle, PA 17015, Cumberland County. 01/10/2011 05:55 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Donald L. Shirley at 1350 McClures Gap Road, North Middleton Township, Carlisle, PA 17015, Cumberland County. 01/11/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney "Schmieg on 1/11/11. SHERIFF COST: $119.90 SO ANSWERS, March 16, 2011 RON R ANDERSON, SHERIFF 0? Oo Co 5D L? /j1W c G0unty5uiteShentf. ieiecsc;+i.Iro. SOVEREIGN BANK COURT OF COMMON PLEAS Plaintiff , CIVIL DIVISION V. NO.: 10-4724-CIVIL TERM DONALD L. SHIRLEY NANCY J. BEAR Defendant(s) CUMBERLAND COUNTY PHS # 243678 AFFIDAVIT PURSUANT TO RULE 3129.1 SOVEREIGN BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DONALD L. SHIRLEY NANCY J. BEAR 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name 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 Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: a r4ame TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA FIRST AMERICAN TITLE INSURANCE ATTN: FT1120 Address (if address cannot be rcasonably ascertained, please indicate) 1350 MCCLURES GAP ROAD CARLISLE, PA 17015-7753 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 1228 EUCLID AVENUE, SUITE 400 CLEVELAND, OH 44115 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. November 30, 2010 By: r(? h?? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4724-CIVIL TERM SOVEREIGN BANK vs. DONALD L. SHIRLEY NANCY J. BEAR owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753 Parcel No. 29-06-0023-024A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,375.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected situate in North Middleton Township, Cumberland County, Pennsylvania, more specifically bounded and described as follows: BEGINNING at an iron pin at a corner of the farm now or previously owned by Dale and Ruth Kling, of which this was a part, South 55 degrees 41 minutes, 36 seconds West 53 feet from a point in the center of Legislative Route No. 21033, known as the McClure Gap Road; thence South 76 degrees 41 minutes 36 seconds West 300 feet to an iron pin; thence South 9 degrees 41 minutes 19 seconds East 330.46 feet to an iron pin; thence North 82 degrees 45 minutes East 300 feet; thence North 9 degrees 44 minutes 25 seconds West 362.16 feet to an iron pin, the place of BEGINNING. CONTAINING 2.382 acres, more or less. BEING the same premises which David L. Bear, by his Deed dated June 16, 2005 and recorded in the Office of the Recorder of Deeds in and for Cumberland County immediately prior to the recording of this Mortgage, granted and conveyed unto Nancy J. Bear and Donald L. Shirley, husband and wife, Mortgagors herein. The above is in accordance with the survey of Larry Neidlinger, registered surveyor, April 18, 1977. See Plan Book 30, Page 51 in aforesaid office. Same is incorporated by reference herein. Together with all the interest in the right of way granted to Dale and Ruth Kling by Donna M. Howell, et vir, in a Declaration of Right of Way' dated May 17, 1977, recorded in aforesaid office in Misc. Book 228, Page 678. Together with all the interest in the right of way granted to Nancy J. Bear, Ruth Kling, Doris Zams, Linda Rose and Susan Nist, by David L. Bear in an easement dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 377. Together with all the interest in the right of first refusal granted to Nancy J. Bear by David L. Bear in an Agreement to Right of First Refusal dated December 15, 1994 recorded in aforesaid office in Misc. Book 488, Page 373. Subject, however, to the following restrictions: 1.No cesspools or privies or outhouses may be installed or maintained on this Lot. Septic tanks shall be used for sewer and waste disposal. 2. No dumping shall be permitted on this lot. Incinerators and equipment for storage or disposal of trash or waste shall be kept in a clean and sanitary condition. TITLE TO SAID PREMISES VESTED IN: Nancy J. Bear and Donald L. Shirley, w/h, by Deed from David L. Bear and Dorene L. Bear, h/w, dated 06/16/05, recorded 06/16/05 in Book 269, Page 2054 PREMISES BEING: 1350 MCCLURES GAP ROAD, CARLISLE, PA 17015-7753 PARCEL NO. 29-06-0023-024A WRIT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4724 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From DONALD L. SHIRLEY AND NANCY J. BEAR (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 fouridiri tfie 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 $130,375.28 L.L. $.50 Interest FROM 9/1/2010 TO DATE OF SALE ($21.43 PER DIEM) - $3,921.69 Arty's Comm % Arty Paid $181.90 Plaintiff Paid Date: DECEMBER 1, 2010 (Seal) REQUESTING PARTY: Name JAIME MCGUINNESS, ESQ. Due Prothy $2.00 Other Costs D vid D. Buell, Prothonotary By: Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 TRUE COPY FROWREOORD In Testimony whereof, I here unto set my lard and the seat of sal at Carlisle, Pe This day 20 _ Prothrnv 7 On December 2, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1350 McClures Gap Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: Real Estate Coordinator j ' ?a -