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HomeMy WebLinkAbout10-4812Phelan 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 242538 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 v. Plaintiff JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Defendant ~~ FILED-~'~ 'r ~E {~F T , Z~EO J~~ ZG ~~~~ 4~ Cu~N,~ it Y ~ t .a ~ ¢- C. S . ~.l ~.t r-+ ~~`~~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I~ - N~~a- C/~Ui CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE p~. ~`9a•a~ ~~y ~-,~~# 9~ 3~~3 File #: 242538 r 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 aze served by entering a written appeazance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 242538 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) aze: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/25/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1872, Page 1071. By Assignment of Mortgage recorded 04/27/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 736, Page 2104. The mortgage and assignment(s), if any, aze matters of public record and aze incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents aze of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2009 and each month thereafter aze 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 #: 242538 6. The following amounts aze due on the mortgage: Principal Balance Interest 07J01/2009 through 06/16/2010 (Per Diem $25.79) Attorney's Fees Cumulative Late Chazges 12/20/2007 to 06/16/2010 Property Inspections/Property Preservations AppraisalBrokers Price Opinion Costs of Suit and Title Seazch Escrow Deficit TOTAL 7. 8. $134,679.68 $9,016.49 $650.00 $95.10 $90.00 $95.00 $550.00 5 900.33 $151,076.60 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: 242538 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $151,076.60, together with interest from 06/16/2010 at the rate of $25.79 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 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 Attorneys for Plaintiff File #; 242538 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' South forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East File #: 242538 . seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gazdens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. THE ABOVE DESCRIBED premises aze conveyed under and subject to the reservations and restrictions contained in the restrictive articles recorded in the Cumberland County Recorder's Office in Misc. Book 59, page 24; Misc. Book 60, page 197; Misc. Book 65, page 381; Misc. Book 70, page 587. EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed, or color, which it is expressly intended shall not be reimposed hereby. BEING THE SAME PREMISES which Steve T. Lenkevich and Doris M. Lenkevich, his wife, granted and conveyed unto Philip M. Clazke, by deed dated February 28, 2002, in the Recorder of Deeds in and for Cumberland County, PA in Record Book 251, Page 604, and recorded on April 4, 2002. PROPERTY BEING: 1721 WARREN STREET PARCEL# 26-23-0541-007 & 26-23-0541-007A File #: 242538 * r. VERIFICATION The undersigned attorney hereby states that I am the attorney for the 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 I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ~ ~ ~~ Attorney for Plaintiff File #: 242538 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~#~~,tr aC ~ ttiabrr~~~~ ~~ j ,~; t ,:ate ~ . t CtiFFit;E CF '`+f: S~~RIFF I'~ - ~ ~ '~ Jody S Smith Chief Deputy Richard W Stewart Solicitor puG H PW~ t`•~2~ ~..~ rr: j .. US Bank National Association vs. Jeffrey Alan Shenck Case Number 2010-4812 SHERIFF'S RETURN OF SERVICE 07/30/2010 06:10 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 30, 2010 at 1810 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey Alan Shenck, by making known unto himself personally, at 1721 Warren Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 August 03, 2010 "t _ ROB ' RT BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. r i ;, ~- Z~ 4 ~~6r 4~ ~'~ ~1~: od ;.w,, f ie ' . 1 G~J r- ~ 1.S ' ''- 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff vs. JEFFREY A. SHENCK Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-4812-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 242538 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan &Schmieg, LLP Attorne for P inf f By: ^ Lawrence T. Ph ,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 ^ dith 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: 8-3-10 PHS #: 242538 VERIFICATION Herman John Kennerty ,hereby states that he/she is Vice President of Loan Documentation of, AMERICA'S SERVICING COMPANY, 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. Tha undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 7-12-10 File #: 242538 Name: erman John Kennerty Title: Vice President of Loan Documentation Servicer: AMERICA'S SERVICING COMPANY Name: SHENCK 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON COURT OF COMMON PLEAS CIVIL DIVISION HEAT 2004-7 Plaintiff NO.10-4812-CIVIL CUMBERLAND COUNTY vs. JEFFREY A. SHENCK Defendant(s) 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: PHS #: 242538 JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Phelan Hallinan & Schmieg, LLP Attorney fQr Plaintiff 1 By: ^ Lawrence T. Phel 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 Date: 8-3-10 PHS #: 242538 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 VS. JEFFREY A. SHENCK FILED-077-I'CE i0 SF ,P 13 I? 1 -: 33 CUMVAN1A NTY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4812-CIVIL MdD Pj-a4/ c4l, /do // 6/ /Lll- XW/ 06 tilad ti? " JA 242538 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 JEFFREY A. SHENCK, 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: As set forth in Complaint $151,076.60 Interest - 06/17/2010 to 09/07/2010 $2.140.57 TOTAL $153,217.17 I hereby certify that (1) the Defendant's last kndwn a ess Is 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145, and (2) that notic has b en given in accordance with Rule 237.1, copy attached. E717awrence 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 1 R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 5Pauren m 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: 9r_ PHS # 242538 PROTHONOTARY 242538 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 VS. JEFFREY A. SHENCK Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4812-CIVIL 242538 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 JEFFREY A. SHENCK is over 18 years of age and resides at 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. This statement is made relating to unsworn falsification to aul Date: 918110 to ffie n?nalties of 18 Pa. C.S. Section 4904 [IFLawrence T. Phelan, Esq., Id: To2227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judit Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 VLa e R. Davey, Esq., Id. No. 87077 en 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 Attorney for Plaintiff 242538 (Rule of Civil Procedure No. 236) - Revised US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 COURT OF COMMON PLEAS VS. CIVIL DIVISION JEFFREY A. SHENCK 1721 WARREN STREET No. 10-4812-CIVIL NEW CUMBERLAND, PA 17070-1145 Notice is given that a Judgment in the above captioned matter has been entered against you on ?-13 -/0 By: F?l W If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele A. Bradford, Esq., Id. No. 69849 ? Judi Romano, Esq., Id. No. 58745 ? Sh 1 R. Shah-Jani, Esq., Id. No. 81760 E] Wnine 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 PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 242538 US 13ANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON CIVIL DIVISON HEAT 2004-7 Plaintiff NO. 10-4812-CIVIL CUMBERLAND COUNTY JEF R},Y A. SHENCK Defendant(s) TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 DATE OF NOTICE: August 24, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMP'T' 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 1S 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 HF,ARING 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 # 242538 4 Ofllee of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phela , E I., 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 ?eetal R. Shah-Jam, F,sq., 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.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 1. 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 # 242538 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT COURT OF COMMON PLEAS SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff CIVIL DIVISION V. JEFFREY A. SHENCK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/08/2010 to Date of Sale ($25.19 per diem) NO.: 10-4812-CIVIL CUMBERLAND COUNTY $153,217.17 $4,433.44 TOTAL Note: Please attach description of property. PHS # 242538 ldmoo ?CL x/3.30 ?osF .av ?d a.0 . - If 1A1.00 - rt 't l . SU $157,650.61 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 DKJaime 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 c"7 0 M03 CD rn- 2 si7s?? CDo C z ? Gd Z a O r1 O? CC) m 5? 77 cn <'r ea 0 N d O 50f O H A 0 w w H w p'' U o a^ o ? W° o V VOK x U w '? a =0 0 ? r 0 ? r d U? N 3? N H w r ? d O o U W . 4t ?A QU A 4-u N4 rr00 IS F r M N p? 6 6 O, 46 6 6 o 6 6 6 ?n W rd O ? G' O law o{?.?a+ A? _AAW y-*6 oU?6? ?floooao Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHENCK Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-4812-CIVIL : 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:`. Attorn y 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 r- ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 cz N >- ? Jenine R. Davey, Esq., Id. No. 87077 L-) E-- ? Lauren R. Tabas, Esq., Id. No. 93337 v p _ ? Q ? Vivek Srivastava, Esq., Id. No. 202331 LA_ O XC U 2 ? Jay B. Jones, Esq., Id. No. 86657 C) '°? p j ? Peter J. Mulcahy, Esq., Id. No. 61791 Q -J ? Andrew L. Spivack, Esq., Id. No. 84439 tsi? __J cn ? Jaime McGuinness, Esq., Id. No. 90134 W? ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Q ? Joshua I. Goldman, Esq., Id. No. 205047 r- o Z a E] Courtenay R. Dunn, Esq., Id. No. 206779 C:) N v ? Andrew C. Bramblett, Esq., Id. No. 208375 ? r US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHENCK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL CUMBERLAND COUNTY PHS # 242538 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 NEW CUMBERLAND BOROUGH 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND BOROUGH 127 S MARKET STREET C/O ANDREW C. SHEELY, ESQUIRE PO BOX 95 MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: c CD Name Address (if address cannot be -p o --i reasonably ascertained, please indicate) a) z M M c-) rnR=- - M ? am M C-) None. <> d am r -+i y '' ? a X -n - 5. Name and address of every other person who has any record lien on the property: ?? D C:) C ) Name Address (if address cannot be ? D reasonably ascertained, please indicate) t 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 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 ATTENTION: JOHN MURPHY 6TH FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to ut orities. October 27, 2010 By: Attorney or 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON HEAT 2004-7 : CIVIL DIVISION Plaintiff : : NO.: 10-4812-CIVIL VS. JEFFREY A. SHENCK : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 "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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 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 $153,217.17 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale inC -q compliance with Pa.R.C.P. Rule 3129.3. C= CM ? a ?:-; --i NOTICE OF OWNER'S RIGHTS M ? C"3 -CtFri YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE r`--;r- ?o To prevent this Sheriff's Sale, you must take immediate action: vc= C)m 1. The sale will be canceled if you pay to the mortgagee the back payments, late chargSs, doi is iid 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. 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 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five- tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section 'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. BEING PARCELS #26-23-0541-007 and #26-23-0541-007A TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, dated 12/31/2002, recorded 01/15/2003 in Book 255, Page 1746 PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 26-23-0541-007,26-23-0541-007A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4812 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From JEFFREY A SHENCK (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 $153,217.17 L.L. $.50 Interest FROM 9/8/2010 TO DATE OF SALE ($25.19 PER DIEM) -$4,433.44 Atty's Comm % Atty Paid $175.80 Plaintiff Paid Date: DECZMBER 1, 2010 (Seal) REQUESTING PARTY:. Name JAIME MC;GUINNESS, ESQ. Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Due Prothy $2.00 Other Costs avid D. Buell, Prothonotary -P . M""f Deputy Telephone: 215-563-7000 Supreme Court ID No. 90134 AFFIDAVIT OF SERVICE CUNWERLAND COUNTY o PLARnM NATIONAL ASSOCIATION, AS TRUSTEE FOR C=) US BANS 1'HS 242538 CREDIT SUISSE FIRST' BOS'T'ON BEAT 2004-7 = ? . -,a U- DEFENDANT I0 NO 1?0-4812-CLVIL- r.. C3? , 1 ' JEFFREY A. SLLENCS TYPEOFACTION p ? C "to Z Q'n SERVE JEFFREY A. SMCS AT: XX Notke Of ShWWS Sale ) ? 1721 WARREN STREET SALE DATE: 03/0711011 NEW CUMBERLAND, PA 17010-1145 ? c-n Sam Tu>tt Oe endant on they of NOS , 20 (o , at rY A SH?NCR , ? Serval and made known to sr-??e d e ?•? c'ra a?T , in the inanner gibed below: .24o'clock M., at I ,.•, ? Defendant personally served. N Ew CvM6 tm LA _ Adult family member with whom Defendant(s) reside(s)- Relationship is ?-= name or relationship. Adult in charge of lfendant s residence who refused to give - Defendant(s) reside(s). _ Manager/Clerk of place of lodging in which ra of business- f Defendant's office or usual p an or Pam m charge o an offices of said Defendant's company. /? - Other. - Weight ?i 0 Race W Sex lam' Other LL .6 5 Height Sl _ _ _ Desc nphon. - r.a /V0 t.L a comment adult, being duly sworn according to law, depose and state that I p-_?.ersonally ally Air.e;rY of S}m its 8 $ele in the IIlarlrlCA as set forth herein, issued in the captioned handed a uve anti coned copy of the case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CUR'i•Y beforeme this ?'- day ?/J NOTARY PUBLIC 20 G STA1f OF NEW JERSEY of NDd , -. gy MY COMMISSION EXPIRES MARCH 7, 2013 Notary: =. ULM 20_, at _ o'clock _. M., Defendant NOT FOUND because: d-' Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ acant No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: jmnwwT riii,a Q,>LNwmrr 8k,,baHWnwm6L4 rLN?dM DadO G 813?Iq, 64, N N? 6786 j5MT.¦UNRV%9 +O•NaWM itir7Ml a. ar+?a7.4 ay. ti• PN 8r7p Lfts a.'rWti ?w+6i Nr•? VMk&k2ftW ft1?- ILNa 7?3r J46J?+,4+ti•Naif887 P,*r J. Hdeft ar},rL Nw 07ri ? a bj, Y tM. MN rn- ftq bLNr"" )rir L G000%ir4, iL Na NMI cgW$Wq iL Dom, Zg%, 8L Nw 3887/f AN1MW G IkWdIMLL an„ 1L Pi& 711673 K?* MA, MID 1? MA40ft PA 19183.M4 aW 30-780 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 COURT OF COMMON PLEAS Plaintiff, : CIVIL DIVISION V. No.: 10-4812-CIVIL JEFFREY A. SHENCK rDefendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA )~'. PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached her " awrence T. Ph an, Esq., Id. No. 227 cis S. Hall' an, Esq., Id. No 2695 ? Daniel G. Schmieg, Esq., Id. .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 ? And C. Bramblett, Esq., Id. No. 208375 Q-Kison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 2Aj Date: ? ? IMPORT NT OTICE: 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 242538 W a a 0 N N O O i x 3 U H O a o a ov ? M Ell) a ;a [ °' aC ?-0O0 U s x ? C ?a o°. °Oa ii b N lA 'd z¢o T ? h C N 0. £ 066 L 3(100diZ W0N:J (13i1tlW > E o N ? 30 99ZLIZVON) u „ OGOZ L00 BVZO c 8 E 6 o sMv.00 A.3whi rw r? G moxmmw E A ryyh 1? may. ` 4 o ? ? y C E c e e ' U LL N T q « N C E T n eL a e?ge YY W ..y N ' ,d E a ?+ vNi o 3.0c.y 0o u o ^ C O T•-. k > C G ? `p /'rS 1 C .? . y N. ° EM v v u " w u M h a? •o Q 4 v E u p w o w 19 w a. rz w o Ln o N a a ?o .? A? Qz?W FOxA w o O ? va ?w o v ax U rn w d o yva ??N o? ? paZ- ?? An o 0.p w a .Op0„"j W d s °" - - z .' O Lv d N 0 w P i a N ?oa u C 0 ? x a z Q E-+ ? ? w Z D ?d e z F r Q ? y 0 > ,,, . V> >N > >? .P: °'. F o ?d iW F WpfGC+ d? ti 3 ? • O?„ OC1A, Fo x ? ? p? F a d p U? O o? 1- as ? ?_ rzs ZW: U pan 0 h caU e- d o as x orp. ,,..? edd N Q > e,?,,Q r i,of/?Cr o C7 WwU zzd GG OQprs:? 'Z ..7Uo'OOd W dW O Oa WF W 0.1 opG x :g W3W v? OC U ?o o? w p Q z ? wxa ._ T 6r 3 dN E osa aL' -'' L o ? m- ?? a1.,..Fpg o Qaz " S x QFOO N U xU O r. z UZxd Ox a E" d Q3 ; o ^ S oa.? =a? ? AQ L3 _ wWw W dUQaaao d? z? t d W W o", lb c) o a ° i 0 :x f j V 1 dN ?? OOZE U??d? W a1-wc?3' WNOW wz z WONpw zU .a :9 o u ?x z F..z Im u UOa cY.N .- . . N E V.. W ? G .-r N M kn ?O P W O, .r zN ' n. H FELEO-OFFICE OF SHE PRCTNOt OTT Y 2011 MAR 28 AM 10' 00 Gil pCNNSYLVAN A Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff CUMBERLAND County V. No.: 10-4812-CIVIL JEFFREY A. SHENCK Defendant RULE AND NOW, this da of jm?64 - Y 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. YTHECO J. 3 242538 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 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 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 All Om F Wel Is, rhean' W led 40/11 0" 242538 242538 ILE }'Di f ICE 1F ROT NOH0TAR `2911 APR -4 AM 9*- 4 I f U-MBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 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 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff CUMBERLAND County V. No.: 10-4812-CIVIL JEFFREY A. SHENCK Defendant CERTIFICATION OF SERVICE 242538 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of April 15, 2011 was sent to the following individual on the date indicated below. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Phelan Hallinan & Schmieg, LLP DATE: Q 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 ? Sheet 1 R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 ? uren 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 242538 M - ? -„ CO - : T? C-) v =C o4 ?. IN THE COURT OF COMMON PLEAS ? iv CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff CUMBERLAND County VS. No.: 10-4812-CIVIL JEFFREY A. SHENCK Defendant ORDER AND NOW, this e day of /K &r , 2011, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $134,679.68 Interest Through May 4, 2011 $17,340.76 Per Diem $25.79 Late Charges $142.65 Legal fees $1,675.00 Cost of Suit and Title $900.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $180.00 Appraisal/Brokers Price Opinion $645.00 Mortgage Insurance Premium/ $0.00 3 242538 r Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from May 4, 2011 through the date of sale at six percent per annum. $164,355.67 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. I'll -%P.*aJ R. Shah-, ni w-y A. Sher,ek MaLiod a6 $0.00 ($0.00) $8,792.58 RT: J. 242538 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFF1:7P 111 Of ?.FIltJ(i?,?, Jody S Smith THE PROTHONOTeARY Chief Deputy 2011 JUL -5 P Richard W Stewart ` 2' I Solicitor CUMBERLAND COUNTY PENNSYLVANIA US Bank Trust Nati nal Association vs. Case Number Jeffrey Alan Shenck 2010-4812 SHERIFF'S RETURN OF SERVICE 01/07/2011 12:34 P - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting true copy of the requested Real Estate Writ, Notice and Description, in the above titled action upon th , property located at 1721 Warren Street, New Cumberland, PA 17070, Cumberland County. 01/07/2011 12:37 PI A - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, No ice and Description, in the above titled action, by making known its contents and at the same time persona " ly handing a true copy to a person representing themselves to be Tom Jones, who accepted as Adult P rson in Charge" for Jeffrey Alan Shenck at 1721 Warren Street, New Cumberland Borough New Cumberl , and, PA 17070, Cumberland County. 03/02/2011 As direc ed by Phelan Hallinan & Schmieg, LLP, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/04/2011 As direc d by Phelan Hallinan & Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed" per lette , of instruction from Attorney. SHERIFF COST: $730.52 July 01, 2011 SO ANSWERS, RON ^ R ANDERSON, SHERIFF ,5a ?l fir. 44--* 5--.) ri57-- D613?y si Gcun+ySuite 5t?erff, leie.osott. I, US BANK NA`rI01'W'AL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHE CK Defendant(s) , COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL CUMBERLAND COUNTY PHS # 242538 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NA IONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 a real property located at 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonabl JEFFREY A. 2 3 4 5 Name and add Name SAME AS Al Name and last Name NEW CUMB of Defendant(s) in the judgment: Y ascertained, please so indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Address (if address cannot be reasonably ascertained, please so indicate) address of every judgment creditor whose judgment is a record lien on the real property to be sold: BOROUGH NEW CUMBE LAND BOROUGH C/O ANDRE C. SHEELY, ESQUIRE 1 120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 127 S MARKET STREET PO BOX 95 MECHANICSBURG, PA 17055 Name and addre?s of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and addre s of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. k Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and add be affected by Name of every other person of whom the plaintiff has knowledge who has any interest in the property which may sale: TENANT/OCCUPANT Domestic Relati ns of Cumberland C unty Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF NDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMEN OF PUBLIC WELFARE TPL CASUAL UNIT ESTATE REC VERY PROGRAM Address (if address cannot be reasonably ascertained, please indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 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 ATTENTION: JOHN MURPHY 6TH FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that t knowledge or infor of 18 Pa. C.S.A. § 4 October 27, 2010 e statements made in this affidavit are true and correct to the best of my personal ation and belief. I understand that false statements herein are made subject to the penalties 904 relating to unsworn falsification to/aut orities. By: Attorney or 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 SHORT DESCRIPTION I By virtue of a Writ of Execution NO. 10-4812-CIVIL US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 vs. JEFFREY A. SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) Parcel N NEW CUMBERLAND, PA 17070-1 (Acreage or street address) thereon: RESIDENTIAL DWELLING AMOUNT: $153,217.17 Phelan Hallin n & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, P 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSEI FIRST BOSTON HEAT 2004-7 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff : NO.: 10-4812-CIVIL VS. JEFFREY A. SHE NCK ' CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY . SHENCK 1721 WA EN STREET NEW CUM ERLAND, PA 17070-1145 "THIS FIRM IS A EBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED. FO THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT D 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 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 $153,217.17 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against y u. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa. .C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S S To prevent this Sheri ff 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 b able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was i III properly 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 n attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the s le. (See notice on page two on how to obtain an attorney.) U MAY TO SAVE YOUR kLE DOES TAKI YOU HAVE 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 21 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared j to the value of your property. 3. The sale will go hrough 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 du from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never harm ned_ 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 schedul 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 fter the filing of the proposed schedule. 7. You may also hay e other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TA 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 W ERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOS ' TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in t e Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as llows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five- tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees rty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' south forty-eight (48) degrees thirteen (13) inutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot N a. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cu erland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence long lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-o e (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a porti n of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in th Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. BEING PARCELS #26-23-0541-007 and #26-23-0541-007A TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, d ted 12/31/2002, recorded 01/15/2003 in Book 255, Page 1746 PREMISES B ING, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 6-23-0541-007, 26-23-0541-007A COMMC,%WEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4812 Civil CIVIL ACTION - LAW TO THE (SHERIFF OF CUMBERLAND COUNTY: To s tisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From IEFFREY A SHENCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ) as follows: and to no ify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from -- paying an y 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 pr perty 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 I)ue $153,217.17 1, 2010 Interest ROM 9/8/2010 TO DATE OF SALE ($25.19 PER DIEM) - $4,433.44 Atty's Comm % Due Prothy $2.00 Atty Paid $175.80 Other Costs Plaintiff aid Date: DE (Seal) REQUES Name JA Address: ] L.L. S.50 David D. Buell, Prothonotary Deputy 4G PARTY: E MCGUINNESS, ESQ. ELAN HALLINAN & SCHMIEG, LLP 7 JFK BOULEVARD, SUITE 1400 E PENN CENTER PLAZA PA 19103 Attorney fpr: PLAINTIFF Telephone: 215-563-7000 Supreme (court ID No. 90134 TRUE COPY FROM RECORD In Testimony whora&, ! hers unto set my hand and the seal of saki rt at Carlisle, Pa. This,.-:_ day of 20 Jf.L Pro On December 2, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 1721 Warren Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 2, 2010 By: n I "" Real Estate oordinator g .:Z d t - oz PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 TH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lis 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 wee ly 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: January 28, February 4, and February 11, 2011 Affi nt further deposes that he is authorized to verify this statement by the Cumberland Law Journa , a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?-? 2 ? ? L' a Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 11 day of February 2011 C Notary NOTARIAL EAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No 2010-4812 Civil US Bank National Association vs. Jeffrey Alan Shenck Atty.: Daniel Schmieg By virtue f a Writ of Execution NO. 10-4812-CIVIL, US BANK NA- TIONAL ASS CIATION, AS TRUSTEE FOR CREDI SUISSE FIRST BOS- TON HEAT 2004-7 vs. JEFFREY A. SHENCK, o er(s) of property situate in the BOR UGH OF NEW CUM- BERLAND, Cumberland County, Pennsylvania being 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. Parcel No. 26-23-0541-007, 26- 23-0541-007 . Improvements thereon: RESIDEN- TIAL DWELLI G. JUDGME AMOUNT: $153,217- .17. 53 'aie Patriot-Dews Co. 20 20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE •att iiot-\;ews Now, you (snow CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn accordi ig to law, deposes and says: That she is a Staff Accountant 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 2020 Technoloc y Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of Th E? Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in th ? City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 185,., 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 printr?d and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY 2010-4812 Chill To G3 Bank National Assa Vs Jeffrey Alan Shenc Atty: Danim Schmi By virtue of a Writ of Exec 10-4812-CIVIL US BANK NATIONAL ASSO AS TRUSTEE FOR CREDIT S FIRST BOSTON HEAT 2004-7 VS. JEFFREY A. SHENCK owner(s) of property situat BOROUGH. OF NEW CUMB Cumberland County, Pennsylvania, being (Municipality) 1721 WARREN STREE CUMBERLAND, PA 17070-11, Parcel No. 26-23-0541-007, 007A (Acreage or street address) Improvements thereon: RES DWELLING JUDGMENT AMOUNT: $153 This ad ran on the date(s) shown below: 1/28/11 2/4/11 2/11/11 l Sworn to and s?bbscribed befo e this 22 day bf February, 2011 A. D. Notary Public NO. in the NEW COMMONWEALTH OF PENNSYLVANIA Notarial Sea[ 23-0541- Sherrie L Klsner, Notary Public Lower Paxton ?wp., Dauphin County t1y Cammisslon Ig Ons Nov. 26, 2011 BNTIAL Ftr=r:h r nerncv!uanlw P06 idtttse rat Notarles 7.17 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4812 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From JEFFREY A. SHENCK (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: $164,355.67 L.L.: Interest from 5/5/11 to Date of Sale ($27.02 per diem) -- $5,863.34 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $936.82 Other Costs: Plaintiff Paid: Date: 9/1/11 "? . David D. Buell, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT COURT OF COMMON PLEAS SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff CIVIL DIVISION v JEFFREY A. SHENCK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/05/2011 to Date of Sale ($27.02 per diem) TOTAL Note: Please attach description of property. PHS # 242538 ask r,6 a3. C6 739. 6A 00 ??4. oo C94. 00 C? FC $95(,.ea -PO ArV NO.: 10-4812-CIVIL CUMBERLAND COUNTY $164,355.67 -' $5,863.34 r CO M z ;)o -v -,w C.n r- -j " $170,219- or % ° gC) _ cl C Phelan Hallinan & Sch LLP A1It0i"F.-7Te11s, sq., Id. No. 09519 Attorney for Plaintiff 't )'?V 41 h d' O O N F w x z 0 F 0 a? F w w F v a 0 w w w F ? F O? W? O Oa p O E-+ ? a U ? ;To OOU O F OUW xa o cl) N ?a zH¢ ? w ¢ W,?w -- z z O F U o? ? o e M x F? O z z ?o b ?w W o tea. 30 ° w f a??i _° .? o PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 '?,()THONO1 ter; 2 .E I I S E P -1 PIN; 9: 5 `, 'CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TR&fA Vt& N I A CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHENCK Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL 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. ------ Allison F. Wells, Esq., Id. No.300519 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plailff V. JEFFREY A. SHENCK Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL CUMBERLAND COUNTY PHS # 242538 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) La M ?.? JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 r 2 I _ - Name and address of Defendant(s) in the judgment: ? p .? Name Address (if address cannot be reasonably 5 C `.. c-i r~ ascertained please so indicate) -1 c SAME AS ABOVE , 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) NEW CUMBERLAND BORO 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND BORO C/O ANDREW 127 S. MARKET STREET C. SHEELY, ESQUIRE PO BOX 95 MECHANICSBURG, PA 17055-6328 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. Na*ie and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may ` be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritie - " r / / Date: /l By: Phe inan & Schmie Allison F. Wells, Esq., o. 19 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON HEAT 2004-7 CIVIL DIVISION Plaintiff NO.: 10-4812-CIVIL VS. JEFFREY A. SHENCK CUMBERLAND C LINTY Defendant(s) C/)r- I NOTICE OF SHERIFF'S SALE OF REAL PROPERTY <c) _- = C) TO: JEFFREY A. SHENCK c 1721 WARREN STREET C.- ?} NEW CUMBERLAND, PA 17070-1145 - ' =. "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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $164,355.67 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (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. 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 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five- tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section 'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50, EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed, or color, which it is expressly intended shall not be reimposed hereby. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man, by deed from Philip M. Clarke, dated December 31, 2002 and recorded January 15, 2003 in the Office of the Recorder of Deeds in Cumberland County at Deed Book 255, Page 1746, Instrument Number 2003-001963. PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 26-23-0541-007,26-23-0541-007A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4812-CIVIL US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 vs. JEFFREY A. SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 Parcel No. 26-23-0541-007,26-23-0541-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $164,355.67 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 _iT fCL . , _ 4 . . U1ej 3.'i:, i y~ r ~ ff, 1 l . ~ - ~ i.'...~ <<•-n r.~~r i.r a '1 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas : TRUSTEE FOR CREDIT SUIS E FIRST BOSTON HEAT 2004-7 : Civil Division Plaintiff : : CUMBERLAND County v. : : No.:10-4812-CIVIL JEFFREY A. SHENCK : Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 22, 2010. 2. Judgment was entered on September 13, 2010 in the amount of $153,217.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 242538 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 3, 2011, amending the judgment amount to $164,355.67. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriff s Sale on December 7, 2011. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $134,679.68 Interest Through December 7, 2011 $22,909.70 Per Diem $25.79 Late Charges $95.10 Legal fees $2,100.00 Cost of Suit and Title $984.00 Sheriffs Sale Costs $1,500.00 Property Inspections $390.00 AppraisalBrokers Price Opinion $255.00 Escrow Deficit $4,674.08 TOTAL $167,587.56 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 242538 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that the Court entered an order for Motion to Make Rule Absolute dated May 3, 2011 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: e issa J. Cantwell, Es ' ATTORNEY FOR PLAINTIFF ' , 242538 i Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia; PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST : BOSTON T 2004-7 : Civil Division Plaintiff : : CUMBERLAND County v. : : No.:10-4812-CIVIL JEFFREY A. SHENCK : Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEFFREY A. SCHENK executed a Promissary Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 242538 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mort~g,a,e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a fareclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change fram day to day because the bank must advance sums in order to protect 242538 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superiar Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the tertns of the Mortgage, and Plaintiff has been forced to incur significant unjust fmancial losses on this loan. 242538 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown VillaU Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). , However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is far bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST I I The Mortgage clearly requires that the Defendant shall promptly pay when due the principal , and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. II I V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the fareclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, I Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the 242538 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance II ~ with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings Loan Association v. Street Road Shoppin Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1] 20 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 242538 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. ~ ~ I VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 242538 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 242538 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DaTE: f ~ C By: , Melissa J. Cantwell, Esquir Attorney for Plaintiff 242538 I Exhibit "A" 242538 12; 33 'i...J . CV1Y'~.E' ~ t L7~A D{ /Y a Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Td. No. 32227 Attorney for Plaintiff Francis S. I-iallinan, Esq., Id. No. 52695 Daniel G. Schmieg, Esq., Id. No. 62205 , Michele M. Bradfard, Esq., Id. No. 69849 ~ 3udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. $1760. - ; Jenine R. Davey, Esq., Id. No. 87077 ",rE , Lauren R. Tabas Esq Id. Na. 93337 "~'~~~~R~~~ ~ Vivek Srivastava, Esq~, Id. No. 202331 ~i-EAS~; 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. Na. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Yhiladclphia, PA 19103 2I5-563-7004 US BANK NATI4NAL ASSOCTATION, : CUMBERLAND COUNTY AS TRUSTEE FOR CREI)IT SUISSE . FIRST BOSTON HEAT 2004-7 ; COURT OF COMMC)N PLF.AS vs. : CIVIL DIVISION JEFFREY A. SHENCK ; No. 10-4812-CIVTi. 242539 PRAECYPE FOR IN REM JLTDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY A. SHENCK Defendant(s) for failure to f le an Answer to Plaintif#'s Complaint within 20 days from service thereof ansi for foreclasure and sale of the mortgaged premises, and assess Plaintiff's damages as foltows: As set farth in Complaint $151,076.50 Interest - 06l17/2010 to 09/07/2010 $2.140.57 TOTAI. $153,217.17 I hereby ceitify that (1) the Defendant's last kn w-n s 1721 WARRF,N STREET, 'I NEW CUMHERLAND, PA 17070-1145, aud (2) that ioti has b n given in accordance with I R u l e 237.1, c o p y a tta c h e d. ~ - I Lawrence T. Phelan, Esq., 7d: o. 32227 Q Francis S. HaIlinan, Esq,, Id, No. 62695 F-I Daniel G. Schmieg, Esq., Id. No. 62205 [J Michele M. Bradford, Bsq., Id. No. 69849 Q Judith T. Romano, Esq., Id. No. 58745 S1iee R. Shah-Jani, Esq., Id. No. 81760 ? J ne R. Davey, Esq., Id. Na. 87077 uren R. Tabas, Esq., Id. No. 93337 [I Vivek Srivastava, Esq., Id. No. 202331 0 Jay B. Jones, Rsq., Id. No. 86657 Peter J.1vluleahy, Esq., Id. Na. 61791 n Andrew L. Spivack, Esq., Id. No. 84439 E J 7aame McGuinness, Esq., Id. No. 90134 F] Chrisovalante P. .Fliakos, Esq., Id. Na. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., ld. No. 208375 Attarney far Plaintiff I)A,MAGES AIZE HE12.EAI':ASSESSED AS INDICf1'I'ED. DAt'F: PHS # 242538 P~OTHONOT Y 242538 II Exhibit G4B~9 ?a2s>x I ~ IN THE C()U12I" OF COMMON PLEA,S CUlYYl3F,i2LAND COUNTY, PENNSYLVAEVIA I L?S BANK NATIONAL ASSOCIATION, AS . Court of Comman Pleas ' TIZUSTEE FOR CREDIT SUISSB FIRST . F3OS"1'C}N FTEAT 2004-7 . Civil Divisian Plaintift" : : CUMBERLANI) C,ounty VS. . No.: 10-48i 2-civlr, Jl?FFR:EY A. SI-iENCK 17efendant ORDER AND NOW, this 301 day af/K&.,,,, 2011, upan considerationof Plaintiffs Motion to Mal:e I2u1e Absolute, it is hereby {3RDERED and DECREED, that the Rule entered upon Defendants shal[ t.7e and .is hereby made absolute and PlaintifPs Motivn to Reassess i ; Damages in the above captained matter is hereby GRANTEM, The Prothonotary is QRDERED i tc7 amcnd the jucigment and the Sherilf is ORDERED to amend tlae writ nunc pro tifnc as [oilaws: Principal }3alance $134,679.68 Interest Thraugh May 4, 2 01 I $17,340.76 Per Diern $25.79 Late Charges $142.65 Legal fees $1,675.00 Cnst of Suit and 'I'itCc $)OO.OU Sheriffls Sale Cos[s $0,00 Property Inspections/ Property Preservation $1$0,00 Appraisal/Brokers Price Opinion $645.00 Mortgage Insurance Premium/ $0,00 242538 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0,00) Escrow Deficit $8.792.58 '1'C?TAL $164,3 55,67 Plus interest fram May 4, 2011 through the date af sale at six percent per annum, Note: The abcsve figure is nat a payoff quote. SherifFs commission is not included in the above figure. , 4 lll 242538 I ~'I ~ , . i Exhibit "C" 242538 . b.~ ~O oc v o, ~n A w N.-r y ~ N . r z a c~o ro ~ o a k' ~ a 3 " N ~ A ^~t G. a' ~ ~ o 0 0 ~G M o b Y Y'~~., O"d CD ~ C ai r ~~z z y CD~ a `D r 30 ~ ~ o~ a oo~ ~ ~ ~ o' ~ o ~ O r a C o ~ g ? a l'~ w 3 y ~ y z -n o ~ o -n ~ w w y fj (D F J CO. Q C41II -Q 9 ^ ~ c 7 ~ d ry w ~ d ^ w ~ g ~ 2 w o cxn ~ g p,tc-5 PosT UV ` F g" g-i ti4 ~ ,m ~ d w~~ • 7 ~ PIfNEY Bt)WF:S 02 ,M $01.260 0OC4277256 OC:?1` 20`1 MAILED FRdM ZIP CODE ? 7' n 3 N ~ ~ °0 7 ~ o- W = o q ~ w ~ . ~ HMIEG, LLP PHELAN HALLINAN & So ~ 1617 John F. Kennedy B Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Representing Lenders in Phelan Hallinan & Schmieg, LLP pennsylvania and New Jersey October 11, 2011 1EFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 AS TRUSTEE FOR CREDIT SUISSE FIRST US B ON HEATIO004-7v JEFFIREY A. SHENCK BOS Premises Address: 1721 WARREN ST_ gl~ C V LCUMBERLAND, PA 1707 C U M B E R L A N D C o u n t y C C P, N o. 1 0 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County h e amoung of he j du gment Pleaser concurrence with the requested relief that is, ncreasng respond to me within 5 days, by October 18, 2011. Should you have further questions or concerns, lease do not hesitate to contact me. Otherwise, please be guided according1.31-.-- Very truly youxs;`"- ~Allison F. Wells, Esquire ~ey for PlaintiffEnclosure 242538 . Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ' Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST ~ BOSTON HEAT 2004-7 : Civil Division Plaintiff ~ : CUMBERLAND County V. : No.:10-4812-CIVIL JEFFREY A. SHENCK ~ Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Phelan Hallinan & Schmieg, LLP DATE: By:( / _ - Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 242538 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff : CUMBERLAND County V. : No.: 10-4812-CIVIL JEFFREY A. SHENCK Defendant 401- RULE ? AND NOW, this day of Nub- `2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this m tter. THE C T Meli5m3- CLnkoeAi , Mato d J. ? . Shenek ? 7 !1 ?e.Wney A o'a f 3 242538 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 242538 242538 ?ENtIS YLVA?A?i Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs. No.: 10-4812-CIVIL JEFFREY A. SHENCK Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 26, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 / helan Hallinan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 242538 G PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 C-) One Penn Center Plaza , _7 r Philadelphia, PA 19103 t,. .. 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 COURT OF COMMON PLEAS Plaintiff, V. JEFFREY A. SHENCK Defendant(s) CIVIL DIVISION No.: 10-4812-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attac h reto Exhibit "A" Melissa J. Cantwell, Esquire Attorney for Plaintiff Date: IMPORTAN 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 242538 EXHIBIT "A" I u so 5 L 3000 diZ gO ZL L 'P Z O ??oa Z0 63S w w oVs-ZO $ c A Z p9 A3w? _ y a,?'?4d ?ayti °o h ? v °o y {{U.. ?U r h " - M e0 s=?3 Eta u E " E a'k ,;E a r-1 ti W ?Iy O N h.y ? o a w ¢ .o U u s 0 a? ? 0 ? O ? ° ' WQ+ p?F p" ?W cn M ? C-0 F"WA W P 4 OW 494 a ¢ Z ? ro o u, A. D ? U Oq PO o Oq pq _ c c ¢ ? o ^ab o ?3U CB U DU S U ? ? ? a i ? W W WOW W??q ? ? a -.Oa z ? E- -,z z ?az z?a u E * E b CIO l u z ,a _ N M 00 IM!) N e a ® r o M to 1 vi o c0 r a w su. Q p L ? ' a ? ? as ? N w f%J on 6 p C pr 4?+ w a? t? N ? p N ?J N O p 5 ;. °00 3 t- ?, 71 or CCU , *.+ w a yid dw C s. b x j a 5 N }' a 0 ^G A L= L u ? o 0 7 M 0 0 cq 0 0 +?+ O V? V2 'O 00 R AU - 0 u=a:=I -. N= * I* I* I? 7r itn i?z Ir-- U z w x d w W vEvc? a O t? U O 00 UO VfN .7 N 00..E y o o m O T C W P. >oog?_g °o•EE ?w CL 1-'I T C7 + O V W b> E °a v U a0 oa v z; Fa a =' z? F Cl- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF EICETrE:"ERIFF 2112 KAR 22 A1410:43 CUB OBLAQ C0UNTY PENNSYLVA111A US Bank Trust National Association Case Number vs. Jeffrey Alan Shenck 2010-4812 SHERIFF'S RETURN OF SERVICE 09/27/2011 07:27 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1721 Warren Street, New Cumberland, PA 17070, Cumberland County. (2 Tracts) 09/27/2011 07:27 PM - Deputy Ryan Burgett, 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: Jeffrey Alan Shenck at 1721 Warren Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 12/06/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 01/04/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/4/2012. 03/20/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $777.86 SO ANSWERS, March 20, 2012 RON R ANDERSON, SHERIFF ?40 e/ e_ &? ??,q? 14 4-4 ` ; 2 7 2 7, Icy CoumySuae Sheriff ieleosoft. Inc. US BANK NATIONAL-ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHENC,'K Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 104812-CIVIL CUMBERLAND COUNTY PHS # 242538 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JEFFREY A. SHENCK 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Address (if address cannot be reasonably ascertained, please so indicate) 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) NEW CUMBERLAND BORO 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 NEW CUMBERLAND BORO C/O ANDREW 127 S. MARKET STREET C. SHEELY, ESQUIRE PO BOX 95 MECHANICSBURG, PA 17055-6328 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 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: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 ?u of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authoritie Date: l By: Phebnrffallinan & 5 Allison F. Wells, Esq Attorney for Plaintiff 19 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON HEAT 2004-7 : CIVIL DIVISION Plaintiff . : NO.: 10-4812-CIVIL VS. JEFFREY A. SHENCK : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 * *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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $164,355.67 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (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. 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 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five- tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section 'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed, or color, which it is expressly intended shall not be reimposed hereby. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man, by deed from Philip M. Clarke, dated December 31, 2002 and recorded January 15, 2003 in the Office of the Recorder of Deeds in Cumberland County at Deed Book 255, Page 1746, Instrument Number 2003-001963. PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 26-23-0541-007,26-23-0541-007A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 104812-CIVIL US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 vs. JEFFREY A. SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 Parcel No. 26-23-0541-007,26-23-0541-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $164,355.67 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4812 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From JEFFREY A. SHENCK (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: $164,355.67 L.L.: Interest from 5/5/11 to Date of Sale ($27.02 per diem) -- $5,863.34 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $936.82 Other Costs: Plaintiff Paid: Date: 9/1/11 David D. B ell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand 1617 JFK BOULEVARD, SUITE 1400 and the seal of said COW at Carlisle, Pa. pt -of aw -QG4&- ONE PENN CENTER PLAZA Thy of 201E-. ??? ?• prothonotary PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 1721 Warren Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: Real Estate Coordinator 85 .Z d t - d3S i10Z V tyn _ VVV WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4812 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff (s) From JEFFREY A. SHENCK (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: $167,587.56 L.L.: Interest FROM 12/8/2011 TO DATE OF SALE ($27.55 PER DIEM) - $10,028.20 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,743.18 Other Costs: Plaintiff Paid: Date: 8/31/12 / ?IJ2.C/v David D. Buell, Prothonotary Qz: C-7" (Seal) Deputy REQUESTING PARTY: Name: ALLISON r. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT COURT OF COMMON PLEAS SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff CIVIL DIVISION V JEFFREY A. SHENCK Defendant(s) To the Prothonotary: Issue writ, of execution in the above matter: Amount Due Interest from 12/08/2011 to Date of Sale ($27.55 per diem) TOTAL Note: Phase attach description of property. PHS # 242538 1?1J 73? sa << arm D p I?- oaw ?Lj. C> ? °%? ? ?3 •?g NO.: 10-4812-CIVIL CUMBERLAND COUNTY fln G $167,587.56p $10,028.20 177 615.7 elan 1 nan & Schmieg, LP Allison F. a s, Esq., Id. No.309519 Attorney for Plaintiff CSI 16--% ?Oo (4,^1 o g vv 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff vs. CUMBERLAND County JEFFREY A. SHENCK No.: 10-4812-CIVIL Defendant ORDER AND NOW, this `,day of 011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through December 7, 2011 Per Diem $25.79 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Escrow Deficit $134,679.68 $22,909.70 $95.10 $2,100.00 $984.00 $1,500.00 $390.00 $255.00 $4,674.08 TOTAL $167,587.56 Plus interest from December 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. C7 a ? t av B HE RT: N `? rn Oon F7 WeJ Is, V'tp? A. ?? IE:t '?C.?C 1°x'1 ?Qlw J. "? ?C N ?rn --i r 242538 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section 'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes' East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-ore (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. THE ABOVE DESCRIBED premises are conveyed under and subject to the reservations and restrictions contained in the restrictive articles recorded in the Cumberland County Recorder's Office in Misc. Book 59, page 24; Misc. Book 60, page 197; Misc. Book 65, page 381; Misc. Book 70, page 587. EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed, or color, which it is expressly intended shall not be reimposed hereby. UNDER AND SUBJECT to restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, dated 12/31/2002, recorded 01/15/2003 in Book 255, Page 1746. PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 26-23-0541-007,26-23-0541-007A PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ' G T 1' L LU - 1.+ 1° }iE PR 0 f I ON0T'Ar 2912 AUG 31 PM 1: 0 7 CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRV~?b"IA CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff v. JEFFREY A. SHENCK Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa. B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By Phelan Hall' an & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTONL' ,1IPA ?P0?--7 Plaintiff `' ik-Lu HE PROTHONOTAR s r V. JEFFREY A. SHENCK Defendant(s) 2012 AUG 31 PM 1: 07 'UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4812-CIVIL CUMBERLAND COUNTY PHS # 242538 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. SHENCK 2 3 4 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Address (if address cannot be reasonably ascertained, please so indicate) 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) NEW CUMBERLAND BOROUGH NEW CUMBERLAND BOROUGH C/O ANDREW C. SHEELY, ESQUIRE 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 127 S. MARKET STREET PO BOX 95 MECHANICSBURG, PA 17055-6328 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. • NamL- 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) Noner Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 COMMONWEALTH OF PENNSYLVANIA BUREAUI OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 6T" FLOOR, STRAWBERRY SQ., DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING 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 abject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: '?(M Vk-,- Phelan Hallinan-9 Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON HEAT 2004-7 CIVIL DIVISION Plaintiff NO.: 10-4812-CIVIL VS. . JEFFREY A. SHENCK CUMBERLANB,CQUN TY Defendant(s) tL 1--Z ; 0 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY CD 1 TO: JEFFREY A. SHENCK 's C) = F3 C) 1721 WARREN STREET 5;= 7 --1 NEW CUMBERLAND, PA 17070-1145 "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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover', Street, Carlisle, PA 17013 to enforce the court judgment of $167,587.56 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (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 gale 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.) L BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTH S SALE DOES T 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. 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. 10-4812-CIVIL US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 vs. JEFFREY A. SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 1721 WARREN STREET NEW CUMBERLAND PA 17070-1145 Parcel No. 26-23-0541-007,26-23-0541-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,587.56 Phelan Hollinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes fast one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section 'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' south forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block 'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. THE ABOVE DESCRIBED premises are conveyed under and subject to the reservations and restrictions contained in the restrictive articles recorded in the Cumberland County Recorder's Office in,Misc. Book 59, page 24; Misc. Book 60, page 197; Misc. Book 65, page 381; Misc. Book 70,'page 587. EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed, or color, which it is expressly intended shall not be reimposed hereby. UNDER AND SUBJECT to restrictions and conditions as now appear of record. 'TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, dated 12/31/2002, recorded 01/15/2003 in Book 255, Page 1746. PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145 PARCEL NO. 26-23-0541-007,26-23-0541-007A PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19].03 215-563-7000 Attorney for Plaintiff `~ ~ _.- ~ ~ ..~ .,.~ ..~- Q ~ n --- ~ ~ t'~~ Pri ~ r, -L~~ } y> c.s crn ~ `' c ;=~- r ~" ;, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, v. JEFFREY A. SHENCK Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 10-4812-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attac hereto Exhibit " " ~_ ~r t; ~~ ~ ~ 2U12 a issa J. Cantwell, Esq., Id. 0.308912 Attorney for Plaintiff Date: 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. PHS # 242538 US BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff CIVIL DIVISION v. NO.:10-4812-CIVIL JEFFREY A. SHENCK Defendant(s) CUMBERLAND COUNTY PHS # 242538 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, 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 1721 WARREN STREET, NEW CUMBERLAND, PA 17070-1145. 1 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. SHENCK Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 Address (if address cannot be reasonably ascertained, please so indicate) 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) NEW CUMBERLAND BOROUGH NEW CUMBERLAND BOROUGH C/O ANDREW C. SHEELY, ESQUIRE CUMBERLAND COUNTY ADULT PROBATION 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 127 S. MARKET STREET PO BOX 95 MECHANICSBURG, PA 17055-6328 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) d R~ 1 ~~ b c~~o ~a~~ ~~~~ ~j O ~D ~ ~ 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 1721 WARREN STREET NEW CUMBERLAND, PA 17070-1145 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 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 Federal Building P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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. ~d~~{ ~ ~ ~~~~ Date: By. / Phelan Hallinan & Schmie , Melissa J. Cantwell, Esq., Id. 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CUMBERLAND COUNTY JEFFREY A.SHENCK Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $167,587.56 Interest from 12/08/2011 to Date of Sale $17,549.35 ($27.55 per diem) ,•a TOTAL $185,136.91 a l Ln 4 Phelan Hallman,LLP t"° Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. 97#242538 �f Dlrr/ lr n °'2 `�• Do t l K g . 41 'y a c� . -70 a;zFP,�9 d xa ' I AL _.>. �,yirk CID Y a- o � a "d z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA, US BANK NATIONAL ASSOCIATION,AS Court of Common Pleas TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Civil Division Plaintiff VS. CUMBERLAND County JEFFREY A. SHENCK No.: 10-4812-CIVIL Defendant 0 AND NOW,this (Alk day of ',2011,upon consideration of plaintiffs, Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $134,679.68 Interest Through December 7,2011 $22,909.70 Per Diem$25.79 Late Charges Legal fees $95.10 Cost of Suit and Title $2,100.00 Sheriffs Sale Costs $984.00 Property Inspections $1,500.00 AppraisaUBrokers Price Opinion $390.00 Escrow Deficit $255.00 $4,674.08 TOTAL $167,587.56 Plus interest from December 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the a e c figure. 3 b,W -, xm M= r� BY THE COURT-<> c. ° 6C J. 0 242538 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Phone-215-563-7000 Fax- 215-563-3826 Patricia Singiser Representing Lenders in Ext. 1125 Pennsylvania and New Jersey March 20, 2013 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 V. JEFFREY A.SHENCK No.: 10-4812-CIVIL Action in Mortgage Foreclosure Premises: 1721 WARREN STREET,NEW CUMBERLAND,PA 17070-1145 Dear Sir/Madam: I would appreciate you issuing a Writ of Execution on the captioned property, and transmitting the appropriate documents to the Sheriff so that it can be placed on the Sheriffs Sale list for 09/04/2013. All of the necessary documents are enclosed, together with my check to your order in the amount of$28.50, and the check to the order of the Sheriff in the amount of$1,500.00 in payment of fees and costs. Kindly, send me your receipt and a stamped copy of the Praecipe for the Writ of Execution, the Writ of Execution, and the Affidavit Pursuant to Rule 3129.1 in the stamped self-addressed envelope, which I have enclosed. If there are any questions concerning the above matter please contact me immediately. Yours truly, PAS/GNM for Phelan Hallinan,LLP LEGAL DESCRIPTION ALL THOSE TWO(2)certain tracts of land,together with the improvements thereon erected,situate, lying and being in the Borough of New Cumberland,Cumberland County,Pennsylvania, bounded, limited and described as follows,to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street,at a distance of five hundred thirty and five- tenths(530.5)feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty- one (41) degrees forty-seven(47)minutes West sixty(60)feet to a point;thence along Lot No. 5,Section 'G',on the hereinafter mentioned plan North forty-eight(48)degrees thirteen(13)minutes East one hundred fifteen(115)feet to a point;thence along Lot No. 22, Section'G', South forty-one(4 1)degrees forty-seven(47)minutes East sixty(60)feet to a point;thence along Lot No.7,Section'G'South forty- eight(48)degrees thirteen(13)minutes West one hundred fifteen(115)feet,to the point or place of BEGINNING. BEING Lot No.6,Block'G',on the Plan of Westover Gardens,as recorded in the Office of the Recorder of Deeds of Cumberland County,in Plan Book 3,page 50. TRACT 2: BEGINNING at a point,the intersection of the southerly line of Lot No.5, Section G,on the hereinafter mentioned plan,with the easterly line of Lot No.6, Section G, on said plan;thence along the line dividing Lots Nos. 22 and 23, Section G,North 48 degrees 13 minutes East seventy-eight(78)feet,more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty(60)feet, more or less,to a point;thence along the line dividing Lots Nos.21 and 22, Section G, South 48 degrees 13 minutes West ninety-one(91)feet,more or less,to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty(60)feet to a point; the place of BEGINNING. BEING a portion of Lot No.22,Section G,on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. THE ABOVE DESCRIBED premises are conveyed under and subject to the reservations and restrictions contained in the restrictive articles recorded in the Cumberland County Recorder's Office in Misc. Book 59,page 24;Misc. Book 60,page 197; Misc. Book 65,page 381;Misc. Book 70, page 587. EXCEPTING THOSE restricting ownership or occupancy on the basis of race, creed,or color, which it is expressly intended shall not be reimposed hereby. TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man deeded by Philip M. Clark, dated 12/31/02, recorded 1/15/2003 in book 255 and page 1746. PREMISES BEING: 1721 WARREN STREET,NEW CUMBERLAND,PA 17070-1145 PARCEL NO.26-23-0541-W,26-23-0541-007A PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 ° HE P-K 1!i&0 A'h' ` One Penn Center Plaza �Q MAR 25 �� g; 5l� Philadelphia, PA 19103 215-563-7000 C MERLAND COUNTY 0 RWSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,ROME EQUITY CIVIL DIVISION PASS-THROUGH CERTIFICATES,SERIES 2004-7 , Plaintiff NO.: 104812-CI1,TIL V. CUMBERLAND COUNTY JEFFREY A.SHENCK Defendant(s) CERTIFICATION 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 7 By: Phelan Hallman,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff U:S.BANK NATIONAL ASSOCIATION,AS TRUSTEE COURT OF COMMON PLEAS FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST CIVIL DIVISION 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 NO.: 10-M12-CIVEL Plaintiff , V. CUMBERLAND COUNTY JEFFREY A.SHENCK PHS#242538 Defendant(s) , AFFIDAVIT PURSUANT TO RULE 3129.1 U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 20047,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 1721 WARREN STREET,NEW CUMBERLAND,PA 17070-1145. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, r. please so indicate) r) JEFFREY A.SHENCK 1721 WARREN STREET NEW CUMBERLAND,PA 17070-1145 Mr- 2. Name and address of Defendants)in the judgment: -�C= , Name Address(if address cannot be reasonably ='°'' ascertained,please so indicate) JEFFREY A.SHENCK 1721 WARREN STREET t-n T NEW CUMBERLAND,PA 17070-1145 P- 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) NEW CUMBERLAND BOROUGH 1120 MARKET STREET PO BOX 220 NEW CUMBERLAND,PA 17070 NEW CUMBERLAND BOROUGH 127 S.MARKET STREET GO ANDREW C.SHEELY,ESQUIRE PO BOX 95 MECHANICSBURG,PA 17055-6328 CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE,PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 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: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1721 WARREN STREET NEW CUMBERLAND,PA 17070-1145 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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. Date: �/ z Z©� By. Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR : COURT OF COMMON PLEAS CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES : CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME : CIVIL DIVISION EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 : NO.: 10-4812-CIVIL Plaintiff . VS. CUMBERLAND COUNTY tea, JEFFREY A. SHENCK Defendant(s) -U3 F- r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY , vii ~ C3 55 TO: JEFFREY A.SHENCK x ,r 1721 WARREN STREET `°• +` NEW CUMBERLAND,PA 17070-1145 "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 1721 WARREN STREET,NEW CUMBERLAND,PA 17070-1145 is scheduled to be sold at the Sheriff s Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carle,PA 17013 to enforce the court judgment of$167,587.56 obtained by U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7(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 QTHER 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. 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 LEGAL DESCRIPTION ALL THOSE TWO(2)certain tracts of land,together with the improvements thereon erected,situate, lying and being in the Borough of New Cumberland,Cumberland County,Pennsylvania,bounded, limited and described as follows,to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street,at a distance of five hundred thirty and five- tenths(530.5)feet in a northerly direction from Sixteenth Street;thence along Warren Street North forty- one(41)degrees forty-seven(47)minutes West sixty(60)feet to a point;thence along Lot No. 5, Section 'G',on the hereinafter mentioned plan North forty-eight(48)degrees thirteen(13)minutes East one hundred fifteen(115)feet to a point;thence along Lot No. 22, Section V,South forty-one(4 1)degrees forty-seven(47)minutes East sixty(60)feet to a point;thence along Lot No.7,Section'G'South forty- eight(48)degrees thirteen(13)minutes West one hundred fifteen(115)feet,to the point or place of BEGINNING. BEING Lot No. 6,Block'G',on the Plan of Westover Gardens,as recorded in the Office of the Recorder of Deeds of Cumberland County,in Plan Book 3,page 50. TRACT 2: BEGINNING at a point,the intersection of the southerly line of Lot No.5,Section G,on the hereinafter mentioned plan,with the easterly line of Lot No. 6,Section G,on said plan;thence along the'line dividing Lots Nos.22 and 23,Section G,North 48 degrees 13 minutes East seventy-eight(78)feet,more or less, to a point;thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty(60)feet, more or less,to a point;thence along the line dividing Lots Nos. 21 and 22,Section G, South 48 degrees 13 minutes West ninety-one(91)feet,more or less,to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty(60)feet to a point;the place of BEGINNING. BEING a portion of Lot No. 22, Section G,on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. THE ABOVE DESCRIBED premises are conveyed under and subject to the reservations and restrictions contained in the restrictive articles recorded in the Cumberland County Recorder's Office in Misc. Book 59, page 24; Misc.Book 60,page 197;Misc.Book 65,page 381;Misc. Book 70,page 587. EXCEPTING THOSE restricting ownership or occupancy on the basis of race,creed,or color, which it is expressly intended shall not be reimposed hereby. TITLE TO SAID PREMISES VESTED IN Jeffrey A. Shenck, single man deeded by Philip M. Clark, dated 12/31/02, recorded 1/15/2003 in book 255 and page 1746. PREMISES BEING: 1721 WARREN STREET,NEW CUMBERLAND,PA 17070-11145 PARCEL NO.26-23-0541-007,26-23-0541-007A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 104812-CIVIL U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004 7 VS. JEFFREY A.SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania,being (Municipality) 17,21 WARREN STREET,NEW CUMBERLAND,PA 17070.1145 Parcel No.26-234541-007.26-23-0541-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $167,587.56 Phelan Hallnan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 10-4812 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 Plaintiff(s) From JEFFREY A.SHENCK (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 garnishees)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: $167,587.56 L.L.: Interest FROM 12/08/11 TO DATE OF SALE($27.55 PER DIEM)-$17,549.35 Atty's Comm: Due Prothy:$2.25 Atty Paid: $2,658.70 Other Costs: Plaintiff Paid: Date: 3/25/13 •L�L+id1��-+��1lGf�..� David D.Buell,Prothono (Seal) g Deputy REOUESTI14G PARTY: Name:ARAM H.DAVIS,ESQUIRE Address:PHELArN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400,ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S.BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES PHS#242538 CORP.,HOME EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 DEFENDANT SERVICE TEAM/lxh C= JEFFREY A.SHENCK COURT NO.:10-4812-CIVIL -0a =m SERVE JEFFREY A.SHENCK AT: TYPE OF ACTION -am 1721 WARREN STREET XX Notice of Sheriff's Sale -< mc:j > 6 NEW CUMBERLAND,PA 17070-1145 SALE DATE: September 4,2013 r- -7- SERVED C) Served and made known to JEFFREY A.SHENCK,Defendant on the T day of h6�-, 20 a r ;0 'clock M.,at 0 X—i —,in the manner descri0d below: )kDefendant pirlsonally sery d. —Adult family member with whom Defendant(s)reside(s). Relationship is —Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race W Sex Other I, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of ShJriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAO TITLE: oncess Sel-Ver- SERVED On the--- day of 20 at o'clock_.M.,1, a competent adult hereby state that DeTencfant NOT FOUND because: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 C--) c. PHELAN HALLINAN,LLP Attorney for Plaintiff mul :Pt- cm: Adam H. Davis,Esq.,Id.No.203034 =:;:o G_") "'OM 1617 JFK Boulevard, Suite 1400 ;:0 cj- CD One Penn Center Plaza o e-i Philadelphia,PA 19103 > Adam.Davis@PhelanHallinan.com xo It: CZ) C= 215-563-7000 r'o W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.BANK NATIONAL ASSOCIATION,AS CUMBERLAND COUNTY TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.,HOME COURT OF COMMON PLEAS EQUITY ASSET TRUST 2004-7,HOME EQUITY PASS-THROUGH CERTIFICATES,SERIES 2004-7 CIVIL DIVISION Plaintiff, No.: 10-4812-CIVIL V. JEFFREY A.SHENCK Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Date: , e �—c�� U 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. PH#736372 w Name and Phelan 1lallinan,LLP " Address no 1617 JFK Boulevard,Suite 1400 r Of Sender One Penn Cen:er.Plazn ICtU Uj Philadelphia.FA 19103 AZNNI-091O4t2015 SA IX - � Line Article Number Name ofAddress",StrteL and Pest Office"dress Posts e � t� i •*+* TENANT/OCCUPANT $0.45 w 64 1721 WARREN STMET I "!-,NEW CU14�BFRLAVV PA 17MO.1145 �2 ""** COMMONIMLTROFFE;VNSY.LVANIAUUKKAUt)FINUIVIDUALTAXk.�•.'r17 HERITANC,'ETAXDIVISION BOAS � °:tom' 6TH FLUOR,STRAWBERRY SQ.DEPT 28060I ? y S: HARRISBURG PA 17128 '"?° 3 •"*• CUM6FULAND COUNTY ADULTPROBATION 50.95 Mvil, I COURTHOUSE SQUARL CARLISI PA 170'13 4 DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE:APXOVTRY PROGRAM $0.45 P.C}BOX 8485 IVILI.OW OAlt ilUILDINC HARRISBURC PA 17105 5 r**» NEWCUMDERIANDBOROUGH $11.45 1120 MARKET STREET PO BOX 228 NEW CIIMDERI.AND PA 17070 6. **** NEW CUMBERLAND BOROUGH 0 0 ANDREW C.SHEELY,ESQUIRE 3aA5 1275.MARKET STREET PO BOX 95 07t3C4ANICSB'URG PA 170$5.6328 7 s»*♦ DO."WIC RKLATIONS Ut CUMBERLAND COUNTY $0.45 13 NORTH HANOVER STREET CARLISLE,PA 17013 8 *"'} MMMONWEALTH OF MN DEPART:Y ANT OF W FLFARE $0.35. F.O.BOX 2175 HARRISBURG,PA 17105 9 w♦a* PMAN#ALREVENUESERVICEADVESORY $0.45" 1000 LMETM AVE;NUEROON1101 PITTSBURGH,PA.IS222 20 +*** US.DRPARTMEN)TOF3'ifMCr $0.45 US.AT"TC?RNEY FORTHE MIDDLE;DMMCT OF PA FEDERAL BUILDING 228 WALNUT STREET,SU IT 220 PO BOX 11754 HARRISBURG PA ITI:O&I753 CC C11T RF:IFFFRFV A.SI?N I) ' PHS:8 24253811021 PjWp I of.1 Writ Team S4.5a TtaN:UrmNa of Tatr]Nm.Lar afP',.tn Pavarurw'Pe flWrwM rM ralld«dvadaa ar.rlw is ragJr..dos,an,bmn,cairt7,ree,tioer7 rvg7irM mr%I.t7m ww.rim.m r+d.nriry P'""* - PkusU%trdbySerot P-xixd arms%Offc Rseehsagpmptgee) far du ru wrtokft ornt»n Mtkk datancan ankr F:rpma NrildkImenrecvmuwi,at imoome1s'SS IN Per pk*sahlw0*4 bath tatS300J 1pOPrrncrarrerrc.3ht+udh miadm dAypAylbI.V4MxlaessM4rarrrh+nd..11,1. nx Psashu=im—bfpxf4k oSZJ.OM ra rey+smWmali,sertt nhh4rI rs0 u»asnce.Seti,< Ic M161 MWAW " A4iy1 1919 rnf 5971 fi.tinNroax,nftawn Form 3877 Facsimile ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY RmwnyR Anderson F/��D-��H�� Sheriff .IEPNOTHIONO IAP� i JedyS Smith ~, `` �M`�NO� �� �� A� [� {Ji�Depu� ~-- '^�~ �� �./ � � ' R�MerdVV���w�� ����R��[��� ��U�Ty Solicitor OFF ICE or THE mHERIp PENNSYLVANIA US Bank Truy Noduno|Aeoncodon ' ' Case Number vs. | 2010-4812 Jeffrey/�anGhonck | SHERIFF'S RETURN OF SERVICE 08/25/2013 07:21 PK8-Deputy Jason PJns|er, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1721 Warren Street, New Cumberland Borough, New Cumberland, PA17O70. Cumberland County. 06/25/2013 07:21 PK8' Deputy Jason Kino|er, being duly sworn according tolaw, served the requested Real Estate VVht. Ncdioa and Description, in the above titled aotion, by making known its contents and at the same time personally handing a true copy toa person representing themselves tube Thomas Jones- Uncle, who accepted as"Adult Person in Charge"for Jeffrey Alan Shenck at 1721 Warren Street, New Cumberland Borough, New Cumberland, PA17D7U. Cumberland County. 09/05/2013 Ronny R.Anderson, Sheriff, 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04,2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of U.S. Bank National Association,As Trustee for Credit Suisse Find Boston YNodgoga Securities Corp.. Home Equity Asset Trust 2004-7, Home Equity Pass-Through Certificates, Series 2004-7, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $826.79 SO ANSWERS, November 2O. 3O13 RONNYR ANDERSON, SHERIFF as- �/�«�.^�� �� �.�/r � On June 13, 2013 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 1721 Warren Street, New Cumberland, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 13, 2013 By: Real Estate Coordinator L0 V L vTV!;1 h10 1 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2010-4812 Civil Term US BANK TRUST NATIONAL ASSOCIATION VS. JEFFREY ALAN SHENCK ATTY.:Joseph Schalk By virtue of a Writ of Execution NO. 10-4812-CIVIL,U.S. RANK NA- TIONAL ASSOCIATION,AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., HOME EQUITY ASSET TRUST 2004- 7, HOME EQUITY PASS-THROUGH CERTIFICATES, SERIES 2004-7 vs. JEFFREY A. SHENCK owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being 1721 WARREN STREET. NEW CUMBER- LAND,PA 17070-1145. Parcel No. 26-23-0541-007, 26- 23-0541-007A. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT:$167,587- .56. 100 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA , ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26,August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Maxie Co 4, Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary N',', AR1AL SEAL DEBORAH A COLLMS Notary Public CARLISLE BOROUGH,CUTABcRLAND COUNTY h°;y CcTimission Exilires Apr 20,2014 The Patriot-News Co. 1900 Patriot Drive t4f a Ntechanlcsburg, PA17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 20104012 Chill Teem US BMK TRUST NATIONAL This ad ran on the date(s)shown below: ASSOCIATION VS. 07/28/13 JEFFREY ALAN SHENCK ATTY. Joseph Sduft 08/04/13 By virtue of a Writ of Executan NO. 08111/13 10481241M U.S.RANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FIRST BOSTON MORTGAGE SECURITIES CORP., HOME EQU1Ty ASSET and subsc ' d be e 23 day of Au st, 2013 A.D.TRUST 2004-7, HOME EQUITY PASS- THROUGH CMIFICAT , SERIES 2004-7 VS. JEFFREY A.SHENCK to Public owners) .of Property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland Couaty,Pennsylvania,being (Mty) cl 1721 VhMUIEN STREET. NEW COMMONWEALTH OF PE ,ESYLVANIA CUMBERLAND,PA 17070.1145 Parcel No. 26-23-0541-007,26-23-0541-VA NoC?iel Seal Holly(Acreage of street address) ' Wash Lynn Warfel,Dauphin Public Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin County DWELLING My Commission expires Dec.i2,2016 JUDGMENTAMGUNT:$167,58756 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U.S. Bank N.A. as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass-Through Cert Series 2004-7 is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 25th day of March, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4812, at the suit of U.S.N.A. as Trustee for Credit Suisse First Boston Mortgage Securities Corp. Home Equity Asset Trust Pass-Through Cert Series 2004-7 against Jeffrey A. Shenk is duly recorded as Instrument Number 201337480. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this �� day of A.D. Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2014