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HomeMy WebLinkAbout02-0091THOMAS I. PULEO InENTIFICATION NO. 27615 620 Sentry Parkway, Suite 100 BLUE BELL, PENNSYLVANIA 19422 610) 941-3600 ATTORNEY FOR ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Corklan Drive Jacksonville, Florida 32258 V. SHANE D. BURGER and SHELLEY LEE LAWRENCE 403 Deerfield Road Camp Hill, PA 17011 PLAINTIFF UM ?Y By%AnnON9M . co DI VISION TERM, No Q,,2 - 41 (!w CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE 'You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO 'Le han demandado a usted an to torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies, de plazo at partir de to fecha de to demanda y to nolificatian. Hace falta asentar una comparencia escrita o an persona o con un abogado y entregar a la carte an forma escrita sus defenses o sus objeciones a las demandas on contra de su persona. Sea avisado qua si usted no se defiende, la torte tomar9 medidas y puede continuer la demanda an contra suya sin previo aviso o nolificacion. Ademas, Is coarte puede decidir a favor del demandante y requiere qua usted cumpla con lodas las provisioner de esta demanda. Listed puede perder dinero o sus propiedades u otros derechos importantes pars usted. 'LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Ct.uflberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW OFFICE OF THOMAS I. PULEO 620 SENTRY PARKWAY, SUITE 100 BLUE BELL, PENNSYLVANIA 19422 ATTORNEY FOR (610) 941-3600 BY: IDENTIFICATION NO. ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Corklan Drive Jacksonville, Florida 32258 PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS DIVISION TERM, V. _ SHANE D. BURGER and No. Q.2 , 91 1 u SHELLEY LEE LAWRENCE 403 Deerfield Road Camp Hill, PA 17011 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff, ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc., is a corporation organized and existing under laws of the State of Delaware with offices at 7159 Corklan Drive, Jacksonville, Florida. 2. Defendants, SHANE D. BURGER and SHELLEY LEE LAWRENCE, are the mortgagors and real owners of premises Lot #7 Section 9, 403 Deerfield Road, Township of Lower Allen, Cumberland County, Pennsylvania, hereinafter described, whose last known address is as stated above. -1- 3. On the 27`s day of May, 1997, the above named mortgagors made, executed and delivered a mortgage upon premises hereinafter described to First United Mortgage Services, Inc., which mortgage is recorded in the Office of the Recorder of Deeds for Cumberland County in Mortgage Book 1385 page 118 and re-recorded in Mortgage Book 1402 page 867. 4. The premises subject to the said mortgage is described in Exhibit "A" attached hereto and made a part hereof. 5. The mortgage secures defendants' certain Note dated the same as the mortgage in the amount of $114,622.00 payable in monthly installments with interest at an adjustable rate with an initial rate of 6.5% per annum. A copy of the said Note is attached hereto, made a part hereof and marked Exhibit «B„ 6. The said mortgage was last assigned to ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc., the plaintiff herein, by written assignment which is being recorded forthwith in the Office of the Recorder of Deeds for Cumberland County. 7. The mortgage is in default because the defendants have failed to make the payment of the monthly installment of principal and interest in accordance with the terms of the mortgage for the month of August 2001, and each month thereafter, up to and including the present time. 8. The following amounts are due on the mortgage: Principal Interest at 9.25% per annum from 7/1/01 thru 11/30/01 ($27.79 per diem) Late charges accrued thru 11/30/01 ($46.03/month) Escrow deficit (taxes and insurance) ($426.38/month) Attorney's fee (5%) Title information certificate Total $109,647.21 4,251.87 134.53 1,705.52 5,482.36 325.00 $121,546.49 -2- 9. The said mortgage is not a residential mortgage as defined by Pennsylvania Act No. 6 of 1974, and hence, no notice of intention to foreclose is required by the said Act. 10. The aforesaid mortgage is insured under Title II of the National Housing Act, and therefore, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, plaintiff demands judgment in the sum of $121,546.49 plus interest, late charges, escrow advances and costs to the date of judgment and foreclosure of the said mortgage. -3- Attorney for Plaintiff DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the:northeasterly line of Deerfield Road, a 50 foot wide right-of-way, which said point of beginning is located at-the intersection of the northeasterly line of Deerfield Road and the dividing line between Lots Nos. 7 and 8 on the Resubdivision Plan of Allendale, Section 9, recorded in Cumberland County Plan Book "25", Page 133; thence, from said point of beginning along the north easterly line of Deerfield Road, north 24 degrees 58 minutes 10 seconds west, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 6 and 7; thence from said point along the dividing line between Lots Nos. 6 and 7' north 65 degrees, 1 minute 50 seconds east, a distance of 170.03 feet to a point; thence from said point, south 24 degrees 58 minutes 10 seconds east, a distance of 100.00 feet to a point on the,dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west, a distance of 170.03 feet to a point, the point and place of beginning. BEING Lot No. 7 on the Resubdivision Plan of Allendale, Section 9, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book "25", Page 133. HAVING thereon erected a dwelling house being known and numbered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. Map #24-0809 Parcel 010 n EXHIBIT A t,Llliif ILL, M) L 1•IIA toe Na. S1.1" "I `A AND CORRECT COPY ;441-541-0044 i ry? AD4, r J r L' L MAY 29 .19 97 403 DEERFIELD ROAD, CAMP HILL, PA. 17011 (Propcni, Addrr+nl 1. PARTIES "Borrower" mans each person signing at the time of this Note, and the person); successors and assigns. `Lender" means FIRST UNITED MORTGAGE SERVICES, INC. Q1 and its successors and assigns. O .2. BORROWER'S I'RONIISE TO PAY; INTEREST Ir return far a loan received from Lender. Borrower promises to pay the principal sum of ONE HUNDRED FOURTEEN THOUSAND SIX HUNDRED TWENTY TWO AND 00/100 ?s Dollars (U.S. f 114,622.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from ilia date or disbursement of the loan proceeds by Lender, at a rate of SIX AND ONE HALF s? parccnt l 6.50 %) per year. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PRUAIISE TO PAY SECURED Borrower's promise to pay is secured by a mongage, decd or trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4, NIANNER OF PAYNILN'1' (A) Thne Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JULY 1997 . Any principal and interest remaining on the first day of JUNE ' 2027 , will be due on that date, which is called the maturity dale. (B) Place Payment shall be made at FIRST UNITED MORTGAGE SERVICES, INC. 4931 CARLISLE PIKE, MECHANICSBURG, PA. 17055 ,, or at such other place. - Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly paymcn'. -r principal and interest will be in the amount of $ 724.49 This amount will be part of a larlit! monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND NIONTIILY PAYMENT CHANGES (A) Change Unit The interest rate may change on the first day of OCTOBER 1998 , and on that Jay of each succeeding ycv. "Change Dete" means each date on which the interest rate could change. (8) The Index Beginninf with ilia first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United Staxs Treasury Securities adjusted to a constant maturity of one year, as made-available by the Federal Reserve Board. "Cunene Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as dcrined above) is no stinger available, Lender will use as a new Index any index presc:lbed by the Secretary (as defined in Paragraph 7(13)). Lender will give Burrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date. Lender wi!I calculate a new interest rate by adding a margin of THREE percentage points ( 3.00 %) to the Current Indcs and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to ilia limits stated in Paragraph 5(D) of this Note, this rounded amount will be ilia new interest rate until the next Change Date. (D) Limits an Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Date. 71 interest rate will never be more than rive percentage points (5.0'x) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change it ilia interest rate changes on a Change Date. Lender will calculate the amount of monthly payment or principal and interest which would be necessary to repay :he unpaid principal balance In full at the maturity dale at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on ilia Chan Date if there had been no default in payment on die Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. l? 1 film W WOO EXHIBIT B sass D sex 816.111.1131 t ?t. it.) NnUCeul Clwoges Lender will give notice to Borrowoo'f any change in the t,.,eresi rate and monml; •mcnt The notice must be given at least 25 days before the new monthly payment amount Is due, and must set orth (1) the date of :he notice, (it) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (A) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Errective Dote of Changes A new interest rate calculated in accordance with Paragraphs S(C) and S(D) of this Note will become effective on the Change Date: Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph S(F) of this Note. Burrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordanse with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give tamely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the optioi to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of prince ja! Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is othn a.;se assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to'pay the debt eviuenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment •(uired by the Security Instrument, as described in Paragraph 4lC) of this Note, by the end of fifteen calendar days tt 'he r..yment is due. Lender may collect a late charge in the amount of FOUR percent( 4.00 %) of the overdue amount of each payment. (B) Derault If Porruwer defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, requite immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not authorize acceleradon when net permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment or costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. S. WAIVERS Borrower rand any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by rust class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note, Including the promise to pay the full amount owed. Any Persia i ??Bgu uuyyCe2r endorser or this Note Is also obligated to do these things. Any person who takes over these 'ob i(Hon=EA%9fkL?ygja ender or a guarantor, surct; or endorser of this Note, Is alst obligated to keep all of the promise Is Note. Lender may enfor,e its rights under this Note against each person individually or against all sign together. Any one person signing this Note may be required to pay all of the amounts owed under dais Note. BY SIGNING BELOW, Borrower accepts and agrees Note. terms and covenants contained in pages 1 and 2 of this (Seal) aHAN DAVID BURGER -- Borrower rY ? L e t 1 i (Seal) SHELLEY LSE LAliRENCE Borrows _ (Seal) Bonower _ (Seal) Borrower (pose 2 of t pages) PAY TO THE ORDER OF STANDARD FEDERAL BANK itITHOUT RECOURSE f)Y,,? IRST UNITED MORTGAGE SERVICES, INC. ROBERT E. MOSS 'PRESIDENT VERIFICATION qtr. Edward M. Johns hereby states that he is Assist, Vice President of Atlantic Mortgage & Investment Corporation mortgage servicing agent in this matter, that he is authorized to take this Verification, and that the statement made in the foregoing Civil Action Mortgage Foreclosure Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made to the penalties of 18 Pa C. S.A. Sec. 4904 relating to unsworn falsification to authorities. Edward M. Johns Vice President Date: _ 1 2-- p ? 61 Q K 1 o` rv -r, N-N SHERIFF'S RETURN - NOT FOUND CASE NO: 2002-00091 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS BURGER SHANE D ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT LAWRENCE SHELLEY LEE unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , LAWRENCE SHELLEY LEE FORWARDING ORDER EXPIRED. BELIEVED TO BE LIVING IN NEW CUMBERLAND AREA. Sheriff's Costs: Docketing 6.00 Service 9.10 Affidavit .00 Surcharge 10.00 nn L J . 1 V So answ rs: OThomas Kline Sheriff of Cumberland County THOMAS PULEO 01/10/2002 Sworn and subscribed to before me this N'rl day o ,1"2. A.D. Pr thonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-00091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS BURGER SHANE D ET AL GERALD WORTHINGTON Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BURGER SHANE D was served upon the DEFENDANT , at 1022:00 HOURS, on the 8th day of January , 2002 at 403 DEERFIELD ROAD CAMP HILL, PA 17011 SHANE D. BURGER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.10 Affidavit .00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this rL{!!?- day of Zoo A. D. ,Prothonotary , Sheriff or Deputy Sheriff of So ?Anys/wers : R. Thomas Kline 7 01/10/2002 THOMAS PULEO By Deputy eriff THOMAS I. PULED, ESQUIRE Identification No. 27615 620 Sentry Parkway, , Suite 100 O? Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter for service upon defendants. Attorney for Plaintiff C'7 ? O ? ? u rn _:- m Z nr v ,;? .. a N THOMAS I. PULEO IDENTIFICATION NO. 27615 620 Sentry Parkway, Suite 100 BLUE BELL. PENNSYLVANIA 19422 ATTORNEY FOR 610) 941-3600 PLAINTIFF ATLANTIC MORTGAGE & INVESTMENT COURTHCZJAfMOWLEAS DIVISION CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Corklan Drive TEKhI. Jacksonville, Florida 32258 V. n SHANE D. BURGER and No. Q dI - 9l l? j Uy l T SHELLEY LEE LAWRENCE 403 Deerfield Road Camp Hill, PA 17011 CIVIL ACTION - MORTGAGE FORECLOSURE COMPLAINT "NOTICE 'You have been sued in court. II you wish to defend aga'.nst the claims sot forth in the fogowing pages, you must take action within twenty (2o) days after this complaint and notice are served. by entering a written appoarante pa. sonally or by attorney and Ning in wiling with the court your defenses or objections to the claims set forth against you. You are womad that it you fol to do so the case may proceed without yrou and a judgment may be entered against you by the court without fu Mar notice for any money claimed in the complaint or for any other claim or relioI requested by the plaintiff. You may lose money or proPerty or or righa important to you. 'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ON . GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "AVISO 'Lo hon demandado a usted an Is torte. Si usled quiere defenders do esas demandas expuesas on [as pAginas siguientes, us!ad Gone vt'n!z (20) dias. de pazo al parer de to fecha do la demands y is no6ticat:6n. Hate rata asenar una comparencia escria o an persona o con un abogado y entregar a la torte an forma escria sus defenses o sus objecionos a las demandas on contra de su persona. Sea avisado qve si usted no se defienda. Is tor-.o lornarA medidas y puede con;nuar Is demanda an contra suys sin previo oviso o notification. AdemAs. Is Marte puede docidir a favor dol demandante y requiare qua usted cumpla con sodas las provisionos do asa demands. Usted puede perder dinoro o sus propfedades u otros derechos importances Para usted. 'LLEVE ESTA DEMANOA A UN ABOGADO INMEDIATMAENTE. S! NO TIENE ABOGADO O St NO TIENE EL OINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LUVAE FOR TELAFONO PARA AVERIGUAK UOINUE Se f`UEUc LQN$EUUht ASS i e;.?u. LEGAL. Court Administrator 4th Floor, Ctimiberlarld County Courthouse Carlisle, PA 17013 (717) 240-6200 c? S ? T Z p l S 1 71 C, L N ` m ? ti SHERIFF'S RETURN - REGULAR CASE NO: 2002-00091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS BURGER SHANE D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LAWRENCE SHELLEY LEE the DEFENDANT , at 1740:00 HOURS, on the 8th day of February , 2002 at 142 15TH STREET UNIT R NEW CUMBERLAND, PA 17070 SHELLEY LAWRENCE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this JJ6- day of ZDb,L A.D. ro notary So Answers: R. Thomas Kline 02/12/2002 THOMAS PULEO By: 4eu tySheriff LAW OFFICE OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire - Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION V. SHANE D. BURGER and SHELLEY LEE LAWRENCE No. 2002-91 Civil Term PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Debt Interest from 7/1/01 through 3/15/02 $109,647.21 Late charges accrued through 3/15/02 7,169.82 Escrow deficit 272.62 Attorney fees 3,411.04 Title information certificate 5,482.36 325.00 Total $126,308.05 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. 1 certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing is praecipe. A cop f the notice is attached. Pa.R.C.P.237.1 9HOMAS I. PU O, ESQUIRE Attorney for Plaintiff AND NOW 2002, Judgment is entered in favor of plaintiff and against defendants and damages assessed as per the above certification. Prothonotary LAW OFFICE OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION V. SHANE D. BURGER and SHELLEY LEE LAWRENCE To: Ms. Shelley Lee Lawrence 142 151h Street New Cumberland, PA 17070 Date of Notice: March 2, 2002 No. 2002-91 Civil Term NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 r THOMAS I. PULE Attorney for Plaintiff LAW OFFICE OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION V. SHANE D. BURGER and SHELLEY LEE LAWRENCE To: Mr. Shane D. Burger 403 Deerfield Road Camphill, PA 17011 Date of Notice: March 2, 2002 : No. 2002-91 Civil Term NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 T OMAS I. P EO Attorney for Plaintiff +? R .0 N V n n C K ri't rr r i l•? i c? rya ;r w Co -r- Iv T1 L' ?i w1 LAW OFFICE OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION No. 2002-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. THOMAS I. PULEO, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Shane D. Burger is over 21 years of age, resides at 403 Deerfield Road, Camphill, Pennsylvania, and is employed by/as unknown. Y OMAS I. P ED Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 13th DAY OF 'ARY PUB IC LISA A O !IAL SEAL . VNIPain TwnANiw Public C? r O C: rv Ti ` -o cz ? =cam `y t + L •W ` -C N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT COURT OF COMMON PLEAS CORPORATION, Plaintiff, NO. 2002-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant(s). PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST FROM March 15, 2002 $126,308.05 $ 4,807.67 COSTS TO BE ADDED March 13, 2002 TH AS I. PUL O, ESQUIRE Attorney for Plaintiff -u? (Yr mn; -:70 i ,` cJra ? , co ,_ " DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeasterly line of Deerfield Road, a 50 foot wide right-of-way, which said point of beginning is located at the intersection of the northeasterly line of Deerfield Road and the dividing line between Lots Nos. 7 and 8 on the Resubdivision Plan of Allendale, Section 9, recorded in Cumberland County Plan Book "25", Page 133; thence, from said easterly line of Deerfield Road, north 24 degrees 58 minutes 10 secondpoint of s w st,l a d?ce of pp pp fee to a point on the dividing line between Lots Nos. 6 and 7; thence from said point along the dividing line between Lots Nos. 6 and 7 north 65 degrees, 1 minute 50 seconds east, a distance of 170.03 feet to a point; thence from said point, south 24 degrees 58 minutes 10 seconds east, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west, a distance of 170.03 feet to a point, the point and place of beginning. BEING Lot No. 7 on the Resubdivision Plan of Allendale, Section 9, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book "25", Page 133. HAVING thereon erected a dwelling house being known and numbered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. Map #24-0809 Parcel 010 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff NO. 2002-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULEO, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15' Street Camp Hill, PA 17011 New Cumberland, PA 17070 2. Name and address of each Defendant named in the judgment: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street Camp Hill, PA 17011 New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Barry A. Richmond Beneficial CDC d/b/a 237 Gravel Hill Road Beneficial Mtg. Co. of PA Palmyra, PA 17036 P. O. Box 4499 Harrisburg, PA 17111 5. Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: March 13, 2002 S I. PUPO, ESQUIRE for Plaintiff LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff V. NO. 2002-91 Civil Term SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shane D. Burger 403 Deerfield Road Camp Hill, PA 17011 Shelley Lee Lawrence 142 159i Street New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $126,308.05 obtained by Plaintiff Atlantic Mortgage & Investment Corporation against you. The Sheriffs Sale will be conducted on Wednesday, September 4, 2002, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: This sale will be canceled if you pay to Atlantic Mortgage & Investment Corporation the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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 below 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 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 the Cumberland County Sheriffs Department at (717) 240-6390. 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. The sale will go through only if the buyer pays the Sheriff the full amount bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 c'a ?- o rv r) LAW OFFICES OF PULED & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff NO. 2002-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 151" Street Camp Hill, PA 17011 New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $126,308.05 obtained by Plaintiff Atlantic Mortgage & Investment Corporation against you. The Sheriffs Sale will be conducted on Wednesday, September 4, 2002, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. This sale will be canceled if you pay to Atlantic Mortgage & Investment Corporation the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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. 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 below on how to obtain an attorney). )LOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 C-) O n C: N n m r -? rT-l Co '11 1 w -< Law Offices PULEO & D'EMILIO, LLC 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PENNSYLVANIA 19422 (610) 941-3600 FAX (610) 941-5487 Thomas 1. Puleo Paul F. D'Ermho April 2, 2002 Ms. Pat Shatto Real Estate Deputy Office of the Sheriff Cumberland County Carlisle, PA 17013 Re: Atlantic Mortgage & Investment Corporation v. Shane D. Burger and Shelley Lee Lawrence No. 2002-q1 Civil Term Dear Ms. Shatto: Kindly stay the sheriff's sale in the above matter which is scheduled for September 4, 2002, as the mortgagor, Shane D. Burger, has filed a Chapter 13 Petition with the United States Bankruptcy Court on January 29, 2002, being No. 02-00443RJW. A copy of the bankruptcy notice is enclosed herewith. Please refund any deposit moneys on hand. Thank you for your prompt attention to this matter. Veryy yours, t ?F ! THOMAS I' PULED TIP:dm FAX and First Class Mail FC)RM R4!• fC;hnntar 1.q C aRP.1(9/A71 Al I C: Case Number 02-00443RJW-1 UNITEI} STATES BANKRUPTCY COURT MIDDLE DISTRICTOI PENNSYLVANIA Notice of Chapter '3 Bankruptcy Case, Meeting of Creditors, & Deadlines The debtor(s) listed below filed a chapter 13 bankruptcy case on January 29, 2002_ You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All documents filed in the case may be inspected at the bankruptcy clerk's office at the address listed below. NOTE: The staff of the bankruptcy clerk's office cannot give legal advice. See Reverse Side For Important Explanations. Debtor(s) (name(s) and address): BURGER, SHANE D 403 I)EhRFIELD DRIVE CAMP HILL, PA 17011 Case Number: Social Security/Taxpayer ID Nos.: 02 -00443RJW- I 193-56-1099 Attorney for Debtor(s) (name and address): Bankruptcy Trustee (name and address): kl-:NNETH A. WISE CHARLES J. DEHART, III 126 LOCUST ST., P.O. BOX 11489 P.O. BOX 410 HARRISBURG. PA 17108 HUNTMELSTOWN, PA 17036 Telephone number: (717) 238-3838 Telephone number: (717) 566-6097 Meeting o Creditors: Effective February 1, 2002, all individual debtors must provide picture identification and proof of social security number to the trustee at the meeting of creditors. Date: April 18, 2002 Time: 12:00 P.M. Location: Federal Bldg, Trustee Hearing Km, Rm 1160, 11th F1,228 Walnut St, Harrisburg,PA Deadlines: Papers must he received by the bankruptcy clerk's office by the following deadlines: Deadline to File a Proof of Claim: PROOF OF CLAIM FORM IS INCLUDED All creditors who file proof of claim MUST serve a true copy of said claim upon the Chapter 13 Trustee CHARLES .1. DEHART, III at the above address For all creditors (except a governmental unit): July 17, 2002 For a governmental unit: July 29, 2002 Deadline to Object to Exemptions: Thirty (30) days after the conclusion of the meeting of creditors Filing of Plan, Hearing on Confirmation of Plan OBJECTIONS TO THE PLAN. Objections to the plan must be filed within fifteen (15) days after the §341 (a) meeting has been held. A copy of the proposed plan (or summary) is included. Any objections filed to the plan that are not settled will be set for hearing. If no objections are filed , the court may enter an order confirming plan. Creditors May Not T'ake' Certain Actions. The filing of the bankruptcy case automatically stays certain collection and other actions against the debtor, debtor's property, and certain codebtors. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Address of the Bankruptcy Clerk's Office: For the Court' 228 WALNUT STREET Clerk of the Bankruptcy Court: P.O. BOX 908 Arlene Byers HARRISBURG, PA 17108-0908 Hours Open: Date: 8:00 a.m. - 5:00 p.m. - March 12, 2002 006234 VCWM AYE) (()frial Fnrm 1044101) UNITED STATES BANKRUPTCY COURT PROOF CAF CLAIM MIDIXY DISTRICT OF PFNNSYI.VANIA Name of Debtor Case Number BURGER, SHANE D 02-00443RJW-1 NOTE: This forth should tzar be w is ke aM&hn for an admsaiArative exok axis after, the commencement of the eaiiie. A "requ"t" fnr `payment of a n administrative expense may be filed pursuant to 11 u.S.C. §503' II ' II II ll III II ?I VIII I I ?I ( I I Name of Clcdttor (The person or other entity to whom the debtor ? Check box if you are aware that I ' ': ' owes money or property): anyone else has filed a proof of 02-0043RIW-1 THOy1AS 1 PULF'o ESQ claim relating to your claim. Attach Name and Address where notices should be sent: copy of statement giving particulars. 'II,'I I I?I' I III I,I I ? Check box if you have never I ': y THOMAS I PULEO ESQ received any notices from. the 620 SENTRY PARKWAY SUITE 100 bankruptcy court in this case. B1,t I: BELL, PA 19322 ? Check box if the address differs THIS SPACE: ,S FOR CoLRT USE ONILY from the address on the envelope sent to you by the court. Telephone Number: Account or other number by which creditor identifies debtor: t Check here if replaces this claim ? amends a previously filed claim, dated 1. Basis for Claim ? Retiree benefits as defined in 11 U.S.C. § i 114(a) ? Goods sold ? Wages, salaries, and compensation (fill out below) ? Services performed Your SS #: _ ? Money loaned Unpaid compensation for services performed ? Personal injury/wrongful death from to _ ? Taxes (date) (date) ? Other 2. Date debt was incurred: 3. If court judgment, date obtained: 4. Total Amount of Claim at Time Case Filed: $ If all or part of your claim is secured or entitled to priority, also complete Item 5 or 6 below. ? Check this box if claim includes interest or other charges in addition to the principal amount of the claim. Attach itemized statement of all interest or additional charges. 5, Secured Claim. 6. Unsecured Priority Claim. ? Check this box if your claim is secured by collateral ? Check this box if you have an unsecured priority claim (including a right of setoff). Amount entitled to priority $ Brief Description of Collateral: Specify the priority of the claim: ? Real Estate ? Motor Vehicle ? Wages, salaries, or commissions (up to $4,650),* earned within 90 days ? Other before filing of the bankruptcy petition or cessation of the debtor's business, whichever is earlier - 11 U.S.C. § 507(x)(3). Value of Collateral: $ ? Contributions to an employee benefit plan - I I U.S.C. §507(a)(4). ? Up to S 2,100* o!-deposits toward purchase, lease, or rental of property or services for personal, family, or household use - I I U.S.C. § 507(a)(6). ? Alimony, maintenance, or support owed to a spouse, former spouse, or child - l I U.S.C. § 507(x)(7). Amount of an-earage and other charges at time case filed ? Taxes or penalties owed to governmental units - I 1 U.S.C. § 507(a)(8). included in secured claim, if any: S ? Other - Specify applicable paragraph of I 1 U.S.C. § 507(a)(_). *Amoutus are subject to adjustment on 411104 and even, 3 years thereafter with respect to cases commenced on or after the date of adjustment. 17. Credits: The amount of all payments on this claim has been credited and deducted for the purpose of 'IMS SPACE IS FOR COURT USE UNL? making this proof of claim. 8. Supporting Documents: Attach copies of supporting documents, such as promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, and evidence of perfection of lien. DO NOT SEND ORIGINAL. DOCUMENTS. If the documents are not available, explain. If the documents are voluminous, attach a summary. 9. Date-Stamped Copy: To receive an acknowledgment of the filing of your claim, enclose a stamped, self- addressed envelope and copy of this proof of claim. Date Sign and print the name and title, if any, of the creditor or other person authorized to file this claim (attach copy of power of attorney, if any): Penalty for presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571. 00623-1 1-02-00443 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA - In Re: SHANE BURGER Case No. 1-02-00443 Debtor Chapter 13 1 CHAPTER 13 PLAN PLAN SUMMARY: CLASS 1: Administrative claims, priority claims and taxes - 100% in Plan CLASS 2: Claims Secured by Personal Residence - (Atlantic Mortgage and Beneficial) Avoid all judicial liens interfering with exemptions - Mortgage arrearages only to be paid in Plan. Mortgage liens to be retained, regular post-petition payments to be made outside Plan until the obligations are paid in full. CLASS 3: All Other Secured Claims - a) AffFirst - Toyota to be sold and lien secured by Toyota to be paid off in full. b)Peavey - Stock to be secured and sold at retail in reopened business. Secured portion to be paid in plan. Where Debtor has "crammed down" secured creditor's claim and has paid off the secured portion of the claim in this Plan, the Debtor will receive the title to the property free and clear of the creditor's lien, notwithstanding that the Debtor has not completed the payment of unsecured claims under the Plan. If stock, which was with Mr. Marnickes, is not available, Peavey will be treated as unsecured. CLASS 4: Allowed Unsecured Claims - Zero percentage of claims paid through Plan CLASS 5: Post-Petition claims allowed under Section 1305 -- Paid through Plan Amount & Duration: $350.00 for 48 months, beginning May 1, 2002, or up to 60 months if necessary to pay allowed claims. Total of S 16,800.00, depending on allowed proofs of claim filed. No interest is to _ be provided to any creditor on any claim in any class unless specifically provided herein and supported by an allowed proof of claim. Claims not filed by bar date are barred and will not be included for distribution in this plan. Creditors holding security other than consensual mortgage liens who fail to file a timely proof of claim shall release and cancel said lien of record upon discharge of the debtor(s). - U 006234 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-91 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff (s) From SHANE D. BURGER, 403 DEERFIELD ROAD, CAMP HILL, PA 17011 AND SHELLEY LEE LAWRENCE, 142 15TH STREET, NEW CUMBERLAND, PA 17070 (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 $126,308.05 Interest FROM MARCH 15, 2002 - $4,807.67 Atty's Comm % Atty Paid $173.93 Plaintiff Paid Date: MARCH 18, 2002 REQUESTING PARTY: L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division Name THOMAS I. PULEO, ESQUIRE Address: 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 Attorney for: PLAINTIFF Telephone: 610-941-3600 Supreme Court ID No. 27615 LAW OFFICES OF PULEO 8Z D'EMILIO, LLC 620 SENTRY PARKWAY Suite 100 Blue Bell, PA 19422 (610) 941-3600 FAX (610) 941-5487 TO: Sheriff of Cumberland County FROM: Thomas I. Puleo, Esquire DATE: March 13, 2002 RE: ATLANTIC MORTGAGE & INVESTMENT CORPORATION v. SHANE D. BURGER and SHELLEY LEE LAWRENCE Cumberland County Court of Common Pleas No. 2002-91 Civil Term MEMORANDUM Kindly effect personal service of the Notice of Sheriffs Sale and Writ of Execution upon the Defendant(s), SHANE D. BURGER, personally, or in the event you are unable to effect personal service, then upon the person in charge of his residence, situated at 403 Deerfield Road Camp Hill Cumberland County, PA 17011 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 IN THE COURT OF COMMON PLEAS OF Attorney for PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NO. 2002-91 Civil Term AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief Name and address of each Owner and/or Reputed Owner: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15' Street Camp Hill, PA 17011 New Cumberland, PA 17070 2. Name and address of each Defendant named in the judgment: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street Camp Hill, PA 17011 New Cumberland, PA 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None , F Name and address of the last recorded holder of every mortgage of record: 4 Atlantic Mortgage & Investment Corporation, Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Barry A. Richmond 237 Gravel Hill Road Palmyra, PA 17036 Beneficial CDC d/b/a Beneficial Mtg. Co. of PA P. O. Box 4499 Harrisburg, PA 17111 Name and address of every other person or entity which has any record lien on the property: 5 None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: 6. Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 1.7105 Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: 7. None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 13, 2002 '?MMAS I. PU:?/EO, ESQUIRE ttorney for Plaintiff 4' LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Plaintiff NO. 2002-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15'b Street Camp Hill, PA 17011 New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is scheduled to be sold by the Cumberland County Sheriff s Department to enforce the Court judgment of $126,308.05 obtained by Plaintiff Atlantic Mortgage & Investment Corporation against you. The Sheriffs Sale will be conducted on Wednesday, September 4, 2002, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: This sale will be canceled if you pay to Atlantic Mortgage & Investment Corporation the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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 sto 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 below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeasterly line of Deerfield Road, a 50 foot wide right-of-way, which said point of beginning is located at the intersection of the northeasterly line of Deerfield Road and the dividing line between Lots Nos. 7 and 8 on the Resubdivision Plan of Allendale, Section 9, recorded in Cumberland County Plan Book "25", Page 133; thence, from said point of beginning along the north easterly line of Deerfield Road, north 24 degrees 58 minutes 10 seconds west, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 6 and 7; thence from said point along the dividing line between Lots Nos. 6 and 7 north 65 degrees, 1 minute 50 seconds east, a distance of 170.03 feet to a point; thence from said point, south 24 degrees 58 minutes 10 seconds east, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west, a distance of 170.03 feet to a point, the point and place of beginning. BEING Lot No. 7 on the Resubdivision Plan of Allendale, Section 9, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book "25", Page 133. HAVING thereon erected a dwelling house being known and numbered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. Map #24-0809 Parcel 010 LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE PRAECIPE TO VACATE JUDGMENT Plaintiff, Atlantic Mortgage & Investment Corporation, a division of ABN ANRO Mortgage Group, Inc., obtained a judgment in mortgage foreclosure against the above named defendants in this proceeding on March 18, 2002. Prior thereto and without notice to the plaintiff or the Prothonotary, the defendant, Shane D. Burger, had filed a Chapter 13 Petition under the United States Bankruptcy Code with the United States Bankruptcy Court for the Middle District of Pennsylvania, Bankruptcy No. 1-02-00443-JJT, on January 29, 2002, thereby staying the within action and thereby rendering the judgment obtained by plaintiff void. To effectuate the purposes of Section 362 of the United States Bankruptcy Code, plaintiff directs the Prothonotary to vacate the judgment described above without prejudice to the continuing validity and lien priority of the mortgage and without prejudice to plaintiff continuing these proceedings after termination of the f? W Y 6**- w , c Q V F c: L_- C: 'T' LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. : No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter for service upon defendant. HOMAS le ULEO 'Attorney for Plaintiff THOMAS I. PULEO IDENTIFICATION NO. 27615 620 Sentry Parkway, Suite 100 BLUE BELL. PENNSYLVANIA 19422 610) 941-3600 ATTORNEY FOR TRUE COPY FROM RECORD In Testftny whereof, I here unto set my hand the sea of said Court atprlisle, Pa. PLAINTIFF MORTGAGE & INVESTMENT C? RM0Y% K9PE IATSY ATLANTIC MO DIVISION CORPORATION, a division of ABN AMRO Mortgage Group, Inc 7159 Corklan Drive TERM, Jacksonville, Florida 32258 V. 6Q No. b 7 ? Iv SHANE D. BURGER and SHELLEY LEE LAWRENCE n c-n 403 Deerfield Road C: Camp Hill, PA 17011 o CIVIL ACTION - MORTGAGE FORECLOSURE ::_, -,;• , COMPLAINT o tU `h'7 "NOTICE 'You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warmed 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, CuAnberland County Courthouse Carlisle, PA 17013 I - , .,, ? n n .mil/1A "AVISO 'Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las p3ginas siguientes, usted liene veinte (20) dias, de plazo aI partir de la fecha de Ia demanda y la notificati6n. Hace fatta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrila sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado quo si usted no se defiende, la corte tomar9 medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adem$s, la coade puede decidir a favor del demandante y requiere quo usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usled. 'LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, C'uunberland County Courthouse _? ' ? ? -, C_ ..,. -: n-? -:• --, ?. . ._. r" s-. --Li "' `L (- ? (? 1 _^?. SHERIFF'S RETURN - REGULAR CASE NO: 2002-00091 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS BURGER SHANE D ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT Fnpw the LAWRENCE SHELLEY LEE was served upon DEFENDANT at 1839:00 HOURS, on the 28th day of April , 2003 at 142R 15TH STREET NEW CUMBERLAND, PA 17070 SHELLEY LEE LAWRENCE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this day of o2131?3 A.D. Prothonotary So Answers: R. Thomas Kline 04/29/2003 PULEO & D'EMILIO By- ,NL Deputy Sheriff R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs- 83 08 Docketing 18.00 66 92 Poundage . 1.63 Advertising Law Library -Prothonotary-- - 20.00-------- Refunded to-Attyor--4f24/03 -- ----- Mileage 3.45 Misc. Surcharge 20.00 Levy 20.00 . Post Pone Sale Garnishee TOTAL 83.08- t ' Sworn and Subscribed to before me " this 4, day of 2003 A .D Cp - pro onotary So Answers; r R. Thomas-Kluie, Sheriff By Claudia A. Brewbaker i.C WRIT OF EXECUTION - (MONEY JUDGMENTS) RULES P.R.C.P. 3101 TO 3149 7U. vo7- `? Ps'/ HURON INSURANCE CO., ETAL. ) IN THE COURT OF COMMON PLEAS OF PERRY COUNTY, PENNSYLVANIA WRIT No: 02-108 VS. No: CV-CV-2001-00798 AMOUNT DUE: $11,441.00 INTEREST: $ MICHAEL GOSHORN ) ATTY'S Comm: $ RD#1,BOX 145 A ATTY DUE: $ ICKESBURG,PA.17037 ) PLTFF. PAID FROTHY. $39.50 THIS WRIT PAID - $20.00 - - SHERIFF'S COSTS $300.00 SATISFACTION $5.00 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF PERRY. TO THE SHERIFF OF CU14BERLAND COUNTY To satisfy the judgment, interest and costs against MICHAEL GOSHORN , Defendant(s). (1) You are directed to levy upon the property of the defendant(s) and to sell his, her(or their) interest therein: (Exemption Laws waived and Condemnation agreed to). (2) You are also directed to attach the property to the defendant not levied upon in the possession of as Garnishee(s). (Specifically described property) LEVY ALL PERSONAL PROPERTY And to notify the Garnishee(s) that (a) an attachment has been issued; (b) the garnishee(s) is (are) enjoined from paying any debt to or for the account of the defendant(s) and fromdelivering any property to the defendant(s) or otherwise disposing thereof. (3) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than the named garnishee(s), on are directed to notify him that he has been added as a garnishee and is enjoined as above stated. BRENDA J Dated: 09/10/2002 J. ALBRIGHT Prothonotary, Court of Common Pleas e County, Pennsylvania (2 _ . -L- By: - Deputy [SEAL] z ? u SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05426 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EAGLE FREIGHT LINES INC VS STAR INSURANCE COMPANY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT STAR INSURANCE COMPANY to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 22nd , 2003 , this office was in receipt of t attached return from ALLEGHENY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Allegheny Co 50.00 Notary 3.00 7v . vu 04/22/2003 WILLIAM T SMITH Sworn and subscribed to before me this G ` day of d?zl.3 A. D. Prothonotai `y So answer R" Thomas Kli e Sheriff of Cumberland County In The Court of Common Pleas of C'umb'erland County, Pennsylvania j Gir-p Eagle Freight Lines, Inc C/) VS. Star Insurance Company et al SERVE: Tri-Star Trailer 02-5426 civil Leas' Inc. No. 3?1?0 ONE ow, April 4, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize- the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 63 , at I? 3 o'clock 4__ M. served the within upon / JI ) - S at by handing to 7Xr, MA4)Citi-AV a - 71? V e copy of the original 1 t and made known to the contents thereof. So answers, Sher' f County, PA COST'S Sworn an s bscribed h ore SERVICE _ ,? g c me this day of _Zy , Notarial SWMEAUE Sheila O'Brien, Al TX5??p}l? `? r City of Pittsburgh, i e t 1 Commission Expires June 19, 2004 Member, Pennsylvania Association of Notaries $ ?) 3, 00 SHERIFF'S RETURN - GARNISHEE CASE NO: 2002-06069 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HOUSEHOLD REALTY CORPORATION VS ROLLINGS RICHARD W And now ROBERT BITNER ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:48 Hours, on the 28th day of April , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT ROLLINGS RICHARD W hands, possession, or control of the within named Garnishee MID PENN BANK 4622 CARLISLE PIKE , in the MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to DENEISE SHALAN (OFFICE MANAGER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .Uu So a !.' R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this L` day of 3 ) A/.?D. Pr t onotary ' By Deputy Sheriff LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE PRAECIPE FOR JUDGMENT Enter judgment in favor of the Plaintiff and against the Defendant(s) for want of an answer and assess damages as follows: Principal Interest from 7/1/01 to 6/4/03 Late charges accrued thru 6/4/03 Escrow deficit (taxes and insurance) Attorney's fee (5%) Title information certificate $109,647.21 19,564.16 963.07 9,806.74 5,482.36 325.00 Total $145,788.54 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecip A copy of the notice is attached. Pa.R.C.P. 237.1 THOMAS I. ULEO, ESQUIRE Attorney for Plaintiff AND NOW , 2003, Judgment is entered in favor of plaintiff and against defendants and damag g assessed as per the above certification. cat t t' Prothonotary ?" •-? =i ?-` _ `' (' - ?_. ??, == ? ;., _a e. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: : Chapter 13 SHANE D. BURGER Bankruptcy No. 1-02-00443-JJT Debtor `/ ORDER AND NOW, this 7 day of 2003, upon consideration of the Motion of Atlantic Mortgage & Investment Corporation for relief from stay pursuant to 11 U.S.C. Section 362, and no answer having been filed thereto, it is ORDERED that the automatic stay is terminated as to Movant which may proceed to enforce its mortgage by foreclosure and sheriff's sale of the premises 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, and exercise any other rights and remedies it has under the mortgage. By the Court: /sl John J. Thomas j cc: Mr. Shane D. Burger 403 Deerfield Drive Camp Hill, PA 17011 Honorable John J. Thomas United States Bankruptcy Judge Kenneth A. Wise, Esquire 126 Locust Street P.O. Box 11489 PA Harrisburg, PA 17108 h3. _ F Charles J. DeHart, III, Esquire I ? P.O. Box 410 1 Hummelstown, PA 17036 1 r3 ia° : coin Thomas I. Puleo, Esquire 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW_ ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE To: Mr. Shane D. Burger 403 Deerfield Road Camp Hill, PA 17011 Date of Notice: May 20, 2003 NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 HOMAS I. P LEO Attorney for Plaintiff LAW OFFICES OF PULEO & D-EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. v SHANE D. BURGER and SHELLEY LEE LAWRENCE To: Ms. Shelley Lee Lawrence 142 15`n Street, Unit R New Cumberland, PA 17070 Date of Notice: May 20, 2003 No. 02-91 Civil Term NOTICE OF INTENTION TO FILE PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT UNDER Pa.R.C.P.237.1 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Count 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 y Bar Association TfIOMAS I. P LEO Attorney for Plaintiff V E W COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT COURT OF COMMON PLEAS CORPORATION, a division of ABN AMRO Mortgage Group, Inc. Plaintiff, NO. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant(s). PRAECIPE FOR WRIT OF EXECi?T'IDN 4 TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST FROM 6/5/03 @ $27.79 per diem $145,788.54 ?, / COSTS TO BE ADDED June 3, 2003 4-10-03 f er ?eG?p{, A11- arytU rf-V n a c? fills $ 2&7.6 IE H MMA41ULEO, ZESOU'IRE Attorney for Plaintiff `? -... ?? c? ?.-; s - ?= ._ =? ,_. ?? ?-, ? .? ? ?. ? s `?. ?; ? ?--?' ? N ,? ? w ? ? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-91 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. Plaintiff (s) From SHANE D. BURGER, 403 DEERFIELD ROAD, CAMP HILL PA 17011 AND SHELLEY LEE LAWRENCE, 142 15TH STREET, UNIT R, NEW CUMBERLAND PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 403 DEERFIELD ROAD, CAMP HILL PA 17011 (SEE ATTACHED 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 $145,788.54 Interest FROM 6/5/03 @ $27.79 PER DIEM Arty's Comm % Arty Paid $240.16 Plaintiff Paid Date: JUNE 9, 2003 (Seal) REQUESTING PARTY: L.L. Due Prothy 1.00 Other Costs CURTIS R. LONG Protho tary By: (I {. t G Depu Name THOMAS I. PULED, ESQUIRE Address: 660 SENTRY PARKWAY, STE. 210 BLUE BELL PA 19422 Attorney for: PLAINTIFF Telephone: (610) 941-3600 Supreme Court ID No. 27615 LAW OFFICES OF PULEO & D'EMILIO, LLC By: Thomas I. Puleo, Esquire Identification No. 27615 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. : No. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY SS. THOMAS I. PULED, being duly sworn according to law deposes and says that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended; That Shane D. Burger is over 21 years of age, resides at 403 Deerfield Road, Camp Hill, Pennsylvania, and is employed by/as unknown. That Shelley Lee Lawrence is over 21 years of age, resides at 142 15'n Street, Unit R, New Cumberland, Pennsylvania, and is employed by/as unknown. PULEO Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 20" DAY OF Mav. 2003. Y PU IC NOTARIAL SEAL LISA A. KANE, Notary Public Whitpain TwP., Montgomery County My Commission Expires August 1, 2005 n t? _ C ?,.: ? 1'ilrr ' -_ - }'i ' ?. . ,? " .: ? T' ,J t'v - LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc NO. 02-91 Civil Term Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15" Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 2. Name and address of each Defendant named in the judgment: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 3. 4. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Name and address of the last recorded holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Barry A. Richmond 237 Gravel Hill Road Palmyra, PA 17036 Beneficial CDC d/b/a Beneficial Mtg. Co. of PA P. O. Box 4499 Harrisburg, PA 17111 Name and address of every other person or entity which has any record lien on the property: None 6. Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 3, 2003 AHOMAAS L P,FJLEO, ESQUIRE Attorney for Plaintiff tl .-J 1 31 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NO. 02-91 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shane D. Burger 403 Deerfield Road Camp Hill, PA 17011 Shelley Lee Lawrence 142 15`n Street, Unit R New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $145,788.54 obtained by Plaintiff Atlantic Mortgage & Investment Corporation, a division of ABN AMRO Mortgage Group, Inc against you. The Sheriffs Sale will be conducted on Wednesday, September 3, 2003, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: This sale will be canceled if you pay to Atlantic Mortgage & Investment Corporation the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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 sto 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 below 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. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had 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. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW OFFICES OF PULED & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT:: CORPORATION, a division of ABN AMRO Mortgage Group, Inc Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NO. 02-91 Civil Term AFFIDAVIT OF SERVICE I, Thomas I. Puleo, Jr., Legal Assistant to Thomas I. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinary mail a Notice of Sale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on the 24`" day of July, 2003 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3877), which is attached hereto as Exhibit "A": Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Barry A. Richmond 237 Gravel Hill Road Palmyra, PA 17036 SWORN TO AND SUBSCRIBED BEFORE ME THIS 14"' DAY OF Ua , 2003. OTA PUBLIC Commonwealth of PA Department of Public Welfare P. O. Box 2675 Harrisburg, PA 17105 Beneficial CDC d/b/a Beneficial Mtg rCa P. O. Box 4 99 as L Puleo, Jr., Legal Assistant to Ttiomas I. Puleo NOTARIAL SEAL LUZ N FUENTES, Notary Public n T wp., Montgomery C[:Whitpa' Commission Expires January 13, 2007 U US d C E:? y? A "7., P?'1. f n_ ? n LLI L r ' i N uc ca : ? ? y C C S E c (D .5 o ro ° § GG Cl d pi m - 16 a 2! cxJ I ? I E C ca. 0 cpi iy E ? 'Z' F NC mNl6 ' E C C ... = (D i - 1 6 O p cli C C E I C].. LL j , O 3 yi Eo T1 O Jo= ` C _ y2 E O N Z5,- d k ; C ? E?`4, mammU) m F! O S1F' 10 c j I muww .1 C] E CA.O O. EO-W .1 A. C NU EEg - cc li 1 U) W O ? rn l0 ID C xzt) J= ' ? o E-° E m Qc?i' D r c, 8 pi Qio -m°m E wC; j N ? y E.?co "O ID c p'A m? !`°y O L C l0 o r= (Yj V c m .- W fA p W O Oc• J:l _O U CD N` O N p O c -9 C C13 7N >m . J u 0 C EU ? H ? C R O a0 O JE , JC?' N pu0c?m«' C J m ~N -5 CL m a p, ?Ywc-m2 Y L L CD m 3 ?m v? r ' amwEcL $2 L p ? U ¢Q? m SU w mom? Jao E cU ? 0 LO = -2 L ro"" 10 a c L X 20 NU F IS!!1 Z N a? 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LL M E 0 LL a lleyy elge;unoood jo.1 0 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas L Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO NO. 02-91 Civil Term Mortgage Group, Inc Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant AFFIDAVIT OF SERVICE I, Thomas I. Puleo, Jr., Legal Assistant to Thomas I. Puleo, Esquire, attorney for plaintiff, being duly sworn according to law, deposes and says that he mailed by ordinary mail a Notice of Sale pursuant to Pa.R.C.P 3129.2 upon the persons listed below on thelth day of July, 2003 as evidenced by the U.S. Postal Service Certificate of Mailing (Form 3877), which is attached hereto as :Exhibit "A": Lower Allen Township Lower Allen Township 1993 Hummel Avenue 120 Limekiln Road Camp Hill, PA 17012 New Cumberland, PA 17070 Tl? mas I. Puleo, Jr., Legal Assistant to Thomas I. Puleo LUZ N. FUENTES, Notary Public y4zz 'I i NOTA PUBLI Whitpain Twp Montgomery County My Commission Expires January 13, 2007 SWORN TO AND SUBSCRIBED BEF ME THIS ) ?-" DAY . E? ? , 2003. OF ?A/ NOTARIAL SEAL f? . ?f 11 n? +J ? EEC x m LL ? m ? ? m. c p it ? ? m m 2 5 0 iJ.S, OST GE P S 3 5 ? • Eva E x2 v 25 !$ . 00 Ju 25 t Eccm 6 4 ioAi Q FR M ZIP ODF.: Y' _ ?` L a• t c`o E° .. = mmm? EEc ' 2. 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O r N M LO B .T f'• -? Q z o C ? T T T r r T 0 n 0 ' D i I i i LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas 1. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc Plaintiff NO. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 2. Name and address of each Defendant named in the judgment: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 a 3 4 5 6 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17012 Lower Allen Township 120 Limekiln Road New Cumberland, PA 17070 Name and address of the last recorded holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Barry A. Richmond 237 Gravel Hill Road Palmyra, PA 17036 Beneficial CDC d/b/a Beneficial Mtg. Co. of PA P. O. Box 4499 Harrisburg, PA 17111 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: July 25, 2003 Ie ?i ?9 I THOMAS I. LEO, ESQUIRE Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which ABN AMRO Mtg Group Inc fka Atlantic Mtg & Inv Corp is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 9th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 91, at the suit of Atlantic Mtg & Inv Corp division of AMRO Mtg Group Inc against Shane D Burger & Shelley Lee Lawrence is duly recorded in Sheriff s Deed Book No. 259, Page 3021. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /pat day of OCTr , A.D. 2003 My C °°r FMUr ?Y MG Atlantic Mortgage & Investment hi The Court of Common Pleas of Corporation, a division of ABN Cumberland County, Pennsylvania Amro Mortgage Group, Inc. Writ No. 2002-91 Civil Term VS Shane D. Burger and Shelley Lee Lawrence R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Shane D. Burger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania, to serve the within Real Estate Writ, Notice and Description according to law. DAUPHIN COUNTY RETURN: And Now: July 9, 2003 at 8:40 AM served the within Notice of Sale upon Shane D. Burger by personally handing to Deandra Burger (wife), one true attested copy of the original Notice of Sale and making known to him the contents thereof at 509 Winand Drive, Harrisburg, PA 17109. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2003 at 8:03 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Shelley Lee Lawrence, by making known unto Shelley L. Lawrence personally, at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn. according to law, states that on July 9, 2003 at 1:45 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shane D. Burger and Shelley Lee Lawrence located at 403 Deerfield Road, Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Shane D. Burger, by regular mail to his last known address of 509 Winand Dr., Harrisburg, PA 17109. This letter was mailed under the date of July 14, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Shelley Lee Lawrence, by regular mail to her last known address of 142 15th Street, Unit R, New Cumberland, PA 17070. This letter was mailed under the date of July 007, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Thomas Puleo for ABN AMRO Mortgage Group, Inc., f/k/a Atlantic Mortgage & Investment Corporation, its successors and assigns. It being the highest bid and best price received for the same, ABN AMRO Mortgage Group, Inc. f/k/a Atlantic Mortgage & Investment Corporation, its successors and assigns of 7159 Corklan Drive, Jacksonville, FL 32258, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $914.07. Sheriffs Costs Docketing $30.00 Poundage 17.92 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 23.46 Out of County 9.00 Dauphin County 30.50 Levy 15.00 Surcharge 30.00 Law Journal 311.90 Patriot News 281.89 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 914.07 Sworn and subscribed to before me So Answ This k"' day of Oa--L. , ` 1 R. Thomas Kline, Sheriff 2003, A.D.? Prothonotary BY CAL Real Estate eputy aAk? 00A ?b Ili ?' Ue yd 3,31 PG"1431? 7 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc Plaintiff NO. 02-91 Civil Term V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant AFFIDAVIT UNDER PA. RCP RULE 3129 THOMAS I. PULED, attorney for Plaintiff in the above: captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. Name and address of each Owner and/or Reputed Owner: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15' Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 2. Name and address of each Defendant named in the judgment: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15`h Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 3 4. 5. 6. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Name and address of the last recorded holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, Plaintiff 7159 Corklan Drive Jacksonville, FL 32258 Barry A. Richmond 237 Gravel Hill Road Palmyra, PA 17036 Beneficial CDC d/b/a Beneficial Mtg. Co. of PA P. O. Box 4499 Harrisburg, PA 17111 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations Commonwealth of PA 13 N. Hanover Street Department of Public Welfare Carlisle, PA 17013 P. O. Box 2675 Harrisburg., PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: June 3, 2003 YMW i HOMAS I. WLEO, ESQUIRE Attorney for Plaintiff LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parkway, Suite 210 Blue Bell, PA 19422 (610) 941-3600 By: Thomas I. Puleo, Esquire Identification No. 27615 Attorney for PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc Plaintiff V. SHANE D. BURGER and SHELLEY LEE LAWRENCE, Defendant NO. 02-9.1 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shane D. Burger Shelley Lee Lawrence 403 Deerfield Road 142 15'h Street, Unit R Camp Hill, PA 17011 New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is scheduled to be sold by the Cumberland County Sheriffs Department to enforce the Court judgment of $145,788.54 obtained by Plaintiff Atlantic Mortgage & Investment Corporation, a division of ABN AMRO Mortgage Group, Inc against you. The Sheriffs Sale will be conducted on Wednesday, September 3, 2003, at 10:00 A.M., Cumberland County Courthouse, 2nd Floor, Commissioner's Hearing Room, Carlisle, Pennsylvania. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: This sale will be canceled if you pay to Atlantic Mortgage & Investment Corporation the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call (610) 941-3600. 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 so 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 below 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. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 LAW OFFICES OF PULEO & D'EMILIO 660 Sentry Parlmay, Suite 210 Blue Bell, PA 19422 (610)941-3600 leo Esquire By. Thomas I. 27615 Identification No. _- -? OF Attorney for PLAINTIFF ------ COUNTY, PENNSYLVANIA: CUMBERLAND F COMMON PLEA O CIVIL ACTION - LAW IN THE COURT ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO NO 02 91 Civil Term Mortgage Group, Inc Plaintiff V. SHANE D. BURGER and CE, SHELLEY LEE LAWRENCE' Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: 4Shane D. Burger 03 Deerfield Road Camp Hill, PA 17011 Shelley Lee Lawrence Unit R 142 15`' Street, New Cumberland, PA 17070 Your house at 403 Deerfield Road, City of Camp Hill, Cumberland County, is to be sold by the Cumberland County Sheriff s Department to enforce the Court Judgm Plaintiff Atlantic Mortgage & Investment Corporation, a divi cond $1 N AI\.54 obtained Group, Inc against you. The Sheriffs Sale Cwill ourthou et, 2nd ABN AMRO Mortgage Cumberland County Wednesday, September 3, 2003, at 10:00 A.M., lvania. Commissioner's Hearing Room, Carlisle, Pennsy NOTICE OF OWNERS' RIGHTS To prevent this Sheriff s Sale, you must take immedi 1 This sale will be canceled if you pay to Atlantic Mortgage & Investme call reasonable 10) 941-36 corporation the back payments, late charges, costs and due. To find out how much you must pay, you may of 1 of You may be able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Cumberland County Sheriffs Department at (717) 240-6390. 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 bid in the sale. To find out if this has happened, you may call the Cumberland County Sheriffs Department at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale had never happened. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriff on or about thirty (30) days from the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution sheet is posted. I , 7. You may also have other rights and defenses, or ways of getting your house 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 g DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northeasterly line of Deerfield Road, a 50 foot wide right-of-way, Iwhich said point of beginning is located at the intersection of the northeasterly line of Deerfield Road and the dividing line between Lots Nos. 7 and 8 on the Resubdivision Plan of Allendale, Section 9, recorded in Cumberland County Plan Book "25", Page 133; thence, from said point of beginning along the north easterly line of Deerfield Road, north 24 degrees 58 minutes 10 seconds west, a distance of 100. feet to a point on the dividing line between Lots Nos. 6 and 7; thence from said point along the divid' g line between Lots Nos. 6 and 7 north 65 degrees, 1 minute 50 seconds east, a distance of 170.03 feet to a point; thence from said point, south 24 degrees 58 minutes 11) seconds east, a distance of 100. feet to a point on the dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west, a distance of 170.03 feet to a point, the point and place of beginning. BEING Lot No. 7 on the Resubdivision Plan of Allendale, ;iection 9, recorded in the Office ?f the Recorder of Deeds of Cumberland County, Pennsylvania, in Mn Book "25", Page 133. HAVING thereon erected a dwelling house being (mown and numbered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. Map #24-0809 Parcel 010 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-91 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ATLANTIC MORTGAGE & INVESTMENT CORPORATION, a division of ABN AMRO Mortgage Group, Inc. Plaintiff (s) From SHANE D. BURGER, 403 DEERFIELD ROAD, CAMP HILL PA 17011 AND SHELLEY LEE LAWRENCE, 142 15TH STREET, UNIT R, NEW CUMBERLAND PA 17070 (1) You are directed to levy upon the property of the defendant (s'land to sell REAL ESTATE LOCATED AT 403 DEERFIELD ROAD, CAMP HELL PA 17011 (SEE ATTACHED 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 gamishee(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 $145,788.54 L.L. Interest FROM 6/5/03 @ $27.79 PER DIEM Atty's Comm % Due Prothy 1.00 Atty Paid $240.16 Other Costs Plaintiff Paid Date: JUNE 9, 2003 CURTIS R. LONG Protlm (Seal) By: U Deputy REQUESTING PARTY: Name THOMAS I. PULED, ESQUIRE Address: 660 SENTRY PARKWAY, STE. 210 BLUE BELL PA 19422 Attorney for: PLAINTIFF Telephone: (610) 941-3600 Supreme Court ID No. 27615 Real Estate Sale # 58 On June 16, 2003 the sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA known and numbered as 403 Deerfield Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16, 2003 By:,,_, I C (Lq S«? Real Estate Deputy c A THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION Nop ....../.... ....... Z;OL COPY Sworn t an subscribed before me his 13th day of August 26d3 A.D. S A L E #58 Notarial Seal t. T ID J / + ' REAL ESTATE SALE No. 58 W i N -1y . ussell, NotaryPubhc City Of Hamsburg Dauphin County r t o. 2002-91 Civil Term , My Commission Expires June 6, 2006 NOTARY PUBLIC Atlantic Mortgage & Investment Corporation, Member, Pennsvlvanin Association Of Notaries My commission expires June 6, 2006 a division of ABN Amro Mortgage Group, Inc„ CUMBERLAND COUNTY SHERIFFS OFFICE Shane D. Burger and CUMBERLAND COUNTY COURTHOUSE Shelley Lee Lawrence CARLISLE, PA. 17013 Atty : Thomas Puleo DESCRIPTION ALL THAT CERTAIN tract or parcel of lard Statement of Advertising Costs and premises, situate, lying and being in the Township of Lower Allen in the County of To THE PATRIOT-NEWS CO., Dr. Cumberland and Commonwealth of Pennsylvania, more particularly described as For publishing the notice or publication attached follows: hereto on the above stated dates $ 280.14 BEGINNING at a point on the northeasterly lire of Deerfield Road, a 50-foot-wide right-of-way, Probating same Notary Fee(s) $ 1.75 which said point of beginning is located at the Total $ 281.89 intersection of the northeasterly line of Deerfield Road and the dividing line between Lots Nos. 7 and 8 on the iPlan of Allendale, Section 9, recorded ded in Cumberland County Plan Publisher's Receipt for Advertising Cost The Patriot News Co. , publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledg e receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. , By .................................................................... Book .ner_ , a sa.u p„in: , beginning along the northeasterly line ,ti Deerfield Road, north 24 degrees 58 minutes 10 seconds west, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 6 and 7, thence from said point along the dividing line between Lots Nos. 6 and 7 north 65 degrees, minutes 50 seconds east, a distance of 170.03 fee: to a point thence from said point, south 2-!: degrees 58 minutes 10 seconds east, a distance of 100.00 feet to a point on the dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west, a distance of 170.03 feet to a point, the point and place of BEGINNING. BEING Lot No. '7 on the Resubdivision Plan .,; Allendale, Section 9, recorded in the Office of the Recorder of Deeds of Cumberland County Pennsylvania, Plan Book "25", Page 133. HAVING thereon erected a dwelling house beint known and numbered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. MAP #24.0809; PARCEL 0 10. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE BALE NO. 58 Writ No. 2002-91 Civil Atlantic Mortgage & Investment Corporation, a division of ABN AMRO Mortgage Group, Inc. VS. Shane D. Burger and Shelley Lee Lawrence Atty.: Thomas Puleo DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the northeasterly line of Deerfield Road, a 50 foot wide right-of-way, which said point of beginning is located at Editor SWO1,N?TO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 Ltd ?,? .. Irr 14 the intersection of the northeasterly line of Deerfield Road and the di viding line between Lots Nos. 7 and 8 on the Resubdivision plan ofAllen dale, Section 9, recorded in Cumber land County Plan Book "25. Page 133: thence. from said point of he ginning along the north easterly line of Deerfield Road, north 24 degrees 58 minutes 19 seconds west. 'a dis tance of 100.00 feet to a point on the dividing Iine between hots Nos 6 and 7: thence from said Point along the dividing line betwecn hots Nos. 6 and 7 north 65 degrees. I minute 50 seconds east, a distawec of 170.03 feet to a point: then(,(, from said point, south 24 degrees 58 minutes 10 seconds east, a dis lance of 10t).UO feet to P,i111, "11 the dividing line between Lots Nos. 7 and 8; thence from said point along the dividing line between Lots Nos. 7 and 8, south 65 degrees 1 minute 50 seconds west. a distance of 170.03 feet to a point. the point and place of beginning. BEING Lot No. 7 on the Resin) division Plan of Allendale.. Section, 9, recorded in the Office of (11(, Re corder of Deeds of (,Ulrlberiand County, Pennsylvamia, ill Plan Hook "25", Page 13i HAVING thereon erected ::z dwe11 ing house being known and num tiered as premises 403 Deerfield Road, Camp Hill, Pennsylvania. Map #24-0809. Parcel 010. 1/517