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Home My WebLink About13-3774 For Prothonotary Use Only: �u prem 8 Go ur - t of Pe n nsylvani a C0U0 4 COm`m. op Plea s IV R -: aver Sheet Docket No. Cu County _ - The information collected on this form is used solely for court administration purposes. This form does not _ supplement or replace the filing and service o leadin s or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: M &T Bank Lead Defendant's Name: Joseph B. Horst T I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits U (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: McCabe. Weisberg and Conway, P.C. ❑ Check here if you have no attorney (a Self Represented JPro SeJ Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include S mass tort) ❑Statutory Appeal: Other E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: 11 Other: Discrimination C 11 Employment Dispute: Other ❑ Zoning Board T ❑ Other I U ❑ Other N MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste REAL PROPERTY MISCELLANEOUS ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 A - FICr t �lJt7l 0 T;krs' 2013Jt 1. -! ;10: 'UMBERL AIjo COUNTY PEN Igs YLY p� U McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 M &T Bank Cumberland County 80 Holtz Drive Court of Common Pleas Cheektowaga, NY 14225 V. Number Joseph B. Horst 202 Britton Road Shippensburg, PA 17257 COMPLAINT IN MORTGAGE FORECLOSURE a 113,�S ?d a P* d 9 09,5 -?A File # 69218 Page 1 NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la corte. Si usted quiere against the claims set forth in the following pages, you defenderse de estas demandas ex- puestas en las paginas must take action within twenty (20) days after this siguientes, usted tiene veinte (20) dias de plazo al partir complaint and notice are served, by entering a written de la fecha de la demanda y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende, la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas, la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff. You may lose money or property or other que usted cumpla con todas las provisioner de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER, GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE. SI USTED NO OFFICE SETFORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO, VA A O TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO, ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 32 South Bedford Street HONORARIO. Carlisle, PA 17013 (800) 990 -9108 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 File # 69218 Page 2 This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Please Note: (1) unless, within thirty (30) days after your receipt of this notice, you dispute the validity of the debt, or any portion of the debt, we will assume that the debt is valid; (2) if you notify us in writing within thirty (30) days of your receipt of this notice that the debt, or a portion of the debt, is disputed, we will cease collection of the debt until we obtain verification of the debt or a copy of the judgment against you and mail to you a copy of the verification or judgment that we obtain; (3) upon your written request to us within thirty (30) days of your receipt of this notice for the name and address of the original creditor of your debt, we will cease collection of the debt until we mail to you the name and address of the original creditor, if different from the current creditor. Case Name: M &T Bank v. Joseph B. Horst Cumberland County File # 69218 Page 3 COMPLAINT IN MORTGAGE FORECLOSURE l . Plaintiff is M &T Bank, duly organized and doing business at the above - captioned address. 2. The Defendant is Joseph B. Horst, who is the mortgagor and owner of the mortgaged property hereinafter described, and his/her last -known address is 202 Britton Road, Shippensburg, PA 17257. 3. On May 18, 2007, Joseph B. Horst, mortgagor, made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for M &T Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1993, Page 0687 ( "the Mortgage "), such Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 4. On August 27, 2012, the Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for M &T Bank to M &T Bank, by Assignment ofMortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Instrument Number 2012229610, such Assignment of Mortgage being incorporated herein by reference pursuant to Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 202 Britton Road, Shippensburg, Pennsylvania 17257. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 1, 2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. File # 69218 Page 4 7. The following amounts are due on the mortgage: Principal Balance $ 92,642.76 Interest through May 1, 2012 $ 5,495.33 (Plus $14.24 per diem thereafter) Late Charges $ 244.54 Attorney's Fee $ 1,650.00 Escrow Advance $ 1,198.44 Mortgage Insurance Premiums (MIP) $ 76.48 Property Inspections $ 14.00 GRAND TOTAL $ 101,321.55 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the mortgage is reinstated prior to sale, reasonable and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. File # 69218 Page 5 WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $101,321.55, together with interest at the rate of $14.24 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE. WEISBERG & CONWAY, P BY: J—�+ /- < Terrence J. McCabe, Esquire [ ] Marc S. Weisberg, Esquire ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Joseph I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire Attorneys for Plaintiff File # 69218 Page 6 C C r �' FORM .I - Z mrm C M &T Bank IN THE COURT OF COMMON :PL.,1992O..Fr � Plaintiff CUMBERLAND COUNTY, PENNS! P.AN1A � 3- J 7 Joseph B. Horst Civil Defendant t NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respec y submitted: (C) �� ► 3 Date [Signature of Counsel for Plaintiff] 69218 Page 1 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? CO-BORROWER Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am/are under no obiligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income f Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 VERIFICATION Christopher M. Zeis hereby states that he /she is Vice President of M &T Bank, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements of fact made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. T Name: Christo r , �eis DATE: Title: Vice President File #: 69218 Name: M &T Bank v. Joseph B. Horst File # 69218 Page '7 Exhibit A ALL the following real estate lying and being situate in Shippensburg Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21048; thence in Legislative Route 21048, South 1 degree 00 minutes 43 seconds East, 111.56 feet to a nail; thence continuing in Legislative Route 21048, South 3 degrees 1 minute 37 seconds West 63.44 feet to a railroad spike at corner of lands now or formerly of George L. Bigler, Sr., and Mary M. Bigler, his wife; thence along lands now or formerly of George L. Bigler, Sr., and Mary M. Bigler, North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin; thence continuing along lands now or formerly of George L. Bigler, Sr., and Mary M. Bigler, North 15 degrees 33 minutes 00 seconds East, 82.65 feet to a post at corner of lands now or formerly of Lawrence Marra; thence along lands now or formerly of Lawrence Marra, North 50 degrees 33 minutes 17 seconds East, 72.10 feet to a post; thence continuing along the same, North 79 degrees 57 minutes 00 seconds East, 52.89 feet to the place of BEGINNING. CONTAINING 0.336 acres, more or less, according to draft of survey of John R. Kissinger, R.S., dated May 1, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44, Page 118. Being all of Lot No. 1 on said plan. I Cert.] fy this to be recorded to Cl-"- nberland County PA ta. . Per, "("AerOf Deeds SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson. Sheriff Jody S Smith Chief Deputy AM I � Richard W Stewart Solicitor OF ZC� ,R TH'E SVERIFC CUMBERLAND COUNTY PENNSYLVANIA M&T Bank Case Number vs. Joseph B Horst 2013-3774 SHERIFF'S RETURN OF SERVICE 07105/2013 03:23 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person represen ng themselves to be the Defendant, to wit: Joseph B Horst at 202 Briton Road, Shippensburg To shi Shippensburg, PA 17257. l` I M CLINE, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, July 08, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Toieosoft.Inc. ' McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 �, 3 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 _% JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH L FOLEY,ESQUIRE-ID#314675 _ CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Joseph B.Horst Number 13-3774 Civil Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant, Joseph B. Horst, in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Principal $ 101,321.55 Interest from 05/02/12 to 08/07/13 $ 6,593.12 @$14.24 per diem thereafter Total $ 107,914.67 McCABE WEISBERGr CONWAY,P.C. BY: [ ] Terrence J.McCabe,Esq. [ arc . Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T.McQuail,Esq. [ ]Christine L. Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga, Esq. II�.SO { ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. Attorneys for Plaintiff C Date: P_4agNlp) AND NOW,this I day of ,2013,Judgment is entered in favor of Plaintiff,M&T Bank�NpN�- ,and against Defendant,Joseph B.Horst,in rem only i d not in personam,and damages are assessed in the amount of $107,914.67,plus interest and costs. BY THE PRO ONOT Y: w McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Joseph B.Horst Number 13-3774 Civil Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: I solemnly affirm under the penalties of perjury that the contents of the foregoing paper are true to the best of my knowledge,information,and belief: Said Defendant, Joseph B. Horst, is not in the military service of the United States as defined in the Servicemembers Civil Relief Act,50 U.S.C.app. Sections 501 et seq.as of the date of the SCRA report attached. Said Defendant resides at: Joseph B.Horst,202 Britton Road,Shippensburg,PA 17257 McCABE,WEISBERG AND CONWAY,P.C. BY: C i [ ]Terrence J.McCabe,Esq. [ arc S. Weisoerg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ]Kevin T. McQuail,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T. LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ] Joseph I.Foley,Esq. [ ] Celine P. DerKrikorian,Esq. Attorneys for Plaintiff Date: On the day of v qs-�' of year 201'before me, the undersigned, a Notary Public in and for said State, personally appeared ('1 arc S• W eC SbZrq ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. LJXL J. 4 " NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KRYSTIN E.TALBOT,Notary Public City of Philadelphia,Phila.County My Commission Expires November 19,2016 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 M&T Bank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Number 13-3774 Civil Joseph B.Horst Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, attorney for the Plaintiff in the within matter,being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Joseph B.Horst 202 Britton Road Shippensburg,Pennsylvania 17257 McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED BY: BEFORE ME THIS_2_DAY [ ]Terrence J.McCabe,Esq. [ arc S. W 'sberg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo, Esq. OF U ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J. Cohen,Esq. [ ]Kevin T.McQuail,Esq. Christine L. Graham,Esq. [ ]Brian T.LaManna,Esq. NOTA Y PUBLIC [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P. DerKrikorian,Esq. COMMON EP'L ENNSYLVANIA Attorneys for Plaintiff NOTARIAL SEAL public KRYSTIN E.TALBOT,Notary City of PhiladeiPbla November 19 2016 M Commissan Exp McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#3071.69 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. Number 13-3774 Civil Joseph B.Horst Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff,being duly sworn according to law,deposes and says that a letter was deposited in the United States Mail notifying the Defendant that judgment would be entered against within ten(10)days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit"A". McCABE,WEISBERG AND CONWAY,P.C. SWORN AND SUBSCRIBED BY: GG't_ BEFORE ME THIS DAY [ ]Terrence J.McCabe,Esq. [ rc S. Weis rg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret G iro,Esq. OF AygvS�' ,2013 [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak, Esq. [ ]Marisa J. Cohen,Esq. [ ]Kevin T.McQuail,Esq. Christine L. Graham,Esq. [ ]Brian T.LaManna,Esq. NOTARY PUBLIC [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. Comm SEAL snvANrA Date: rneys for Plaintiff .TALBOT,Notary Public iladelphia,Phda.County n Expires November 19,2016 VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of jurisdiction and not available to sign this verification at this time,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: [ ] TerrenA J.M Cabe,Esq. [ Marc S. Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J. Cohen,Esq. [ ]Kevin T.McQuail, Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaMantia,Esq. [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. Attorneys for Plainoff / Date: M&T Bank v.Joseph B.Horst Cumberland County;Number: 13-3774 Civil OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle,Pennsylvania 1701.3 Curt Long Prothonotary July 26, 201.3 To: Joseph B. Horst 202 Britton Road Shippensburg,Pennsylvania 17257 M&T Bank Cumberland County vs. Court of Common Pleas Joseph B. Horst NulTlber 13-3774 NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU 1-1 AVE FAILED TO ENTER A USTED SE ENCUFNTRA EN LisTADO DE R.EBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 11J PRESENTADO UNA COMPARECL•NCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DF..FFNSES OR OBJECTIONS TO ITIC PF..RSONALMENTE 0POR ABOGADO Y POR NO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(1.0) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DA'Z'E OF THIS NOTICE,A JUDGMENT.MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AGAINSTYOU WITHOUTA HEARING AND YOU MAY LOSE YOUR PROPERTY ACCION DEBIDA DENTRO DE DIE!_(10)DIAS DE LA FECHA DE FSTA OR OTHER IMPORTANT RIGHTS. NOTWICACION, EL TRIBUNAL PODRA, SIN NEcEsIDAD DE YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 'IF YOU COMPARECER USTED EN CORTF U OIR PREUBA ALGUNA,DICTAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS 1MPORTANTES. HIRING A LAWYER. USTED LE DErir TOMAR ESTE PAPEI, A SU ABOGADO IF YOU CANNOT AFFORDToUIREALAWYER,THISOFMCE MAY 13FABLE INMF..DIA'1•AMENTE. SI USTED NO T11-Nr A UN ABOGADO, VA A 0 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE LEGAL SERVICES_TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE F..MPLEAR A UN ABOGADO. Cumberland County Bar Association SI USTED NOPUF.DE PROPORCIONAR PARA EMPLEAR UN ABOGADO, 32 South Bedford Street ESTA OFICINA PUEDE SEIt C;AI'A'. DE PROPOKCIONARLA CON Carlisle,.Pennsylvania 17013 INFORMACION ACERCA DF..LAS AGENCIAS QUEPUEDENOFRECER LOS (800)990-9108 SERVICIOS 'LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUMDONI NINGUN HONORARIO. Cumberian unty :ar Association 32—Sou edford St•eet Car' Pennsyly St 17013 ( 0990-910 McCABE�WEISBERG AND .O -_ ,P.C. BY: `- [ ]Terrence J.McCaj , squir [ ]Marc S.'Weisberg, E squire [ ].Edward D.Con y,Esqui r [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak, Esquire j ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire j ]Christine L.Graham,.Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [oq Joseph F.Riga,Esquire [ -]'Jose'ph T..Folcy,Esquire Attorneys for Plaintiff mee Department of Defense Manpower Data Center Results as of:Aug-07-201306:29:50 SCRA 3.0 Status Report ' rr Fursuaut to Sery ccrni:em ben Civil e Act Last Name: HORST First Name: JOSEPH Middle Name: Active Duty Status As Of: Aug-07-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAB, - __ No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA _ NA _'- - - --No NA This response reflects Where the individual left active duty status within 367 days preceding the Active Duty Status Date t The Member or His/Her Unit Was Noted of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA i'NA -No NA This response reflects whether the Individual or hWher unit has received early notification to report for active duty � 7 Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Ohl A. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 " The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical rare and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA maybe invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 648EN8E000176B0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Joseph B.Horst 202 Britton Road Shippensburg,Pennsylvania 17257 M&T Bank COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. Joseph B.Horst No. 13-3774 Civil Defendant NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has be entered in the above proceeding as indicated below. Prothonotarv- X- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment,please call McCabe,Weisberg and Conway, P.C. at(215)790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION FILE NO.: 13-3774 Civil Term M&T Bank V. AMOUNT DUE: $107,914.67 Joseph B.Horst INTEREST:from 08108113 $3,725.40 at$17.74 CO C)C� ---i CD ATTY'S COMM.: has CD C-) COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs upon the following described property of the defendant(s) 202 Britton Road,Shil2pensburg,Pennsylvania 17257 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt, interest and costs, as above, directing attachment against the above-named gamishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the defendant(s)in the possession,,custody or control of the said gamishee(s). -(Indicate)Index this writ against the gamishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: BY: Terrence .McCabe,Esq. Marc S.Weisberg,Esq. 4'A8.56 Pt.ATry Edward D.Conway,Esq. [--]-Margaret Gairo,Esq. so-too CE- Andrew L.Markowitz,Esq. Heidi R.Spivak,Esq. Marisa J.Cohen,Esq. Kevin T.McQuail,Esq. Christine L.Graham,Esq, Brian T.LaManna,Esq. Ann E. Swartz,Esq, Joseph F.Riga,Esq. ATTV Joseph I.Foley,Esq. Celine P.DerKrikorian,Esq. Attorneys for Plaintiff Firm:MCCABE, WEISBERG AND CONWAY Address:123 S,Broad Street,Suite 1400 *a-9-5 f)ue( Philadelphia,PA 19109 5o LL Attorney for:Plaintiff Telephone:(215)790 1010 Supreme Court ID No. P-G Lori�'"J LEGAL DESCRIPTION ALL the following real estate lying and being situate in the Shippensburg Township,Cumberland County, Pennsylvania,more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21048;thence in Legislative Route 21048,South I degree 00 minutes 43 seconds East, 111.56 feet to a nail;thence continuing in Legislative Route 21048, South 3 degrees I minute 37 seconds West 63.44 feet to a railroad spike at corner of lands now or formerly of George L.Bigler,Sr.,and Mary M.Bigler,his wife;thence along lands now or formerly of George L.Bigler, Sr., and Mary M. Bigler,his wife; North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin;thence continuing along lands now or formerly of George L.Bigler,Sr.,and Mary M.Bigler,North 15 degrees 33 minutes 00 seconds East, 82.65 feet to a post at corner of lands now or formerly of Lawrence Marra;thence along lands now or formerly of Lawrence Marra, North 50 degrees 33 minutes 17 seconds East,72.10 feet to a post thence continuing along the same,North 79 degrees 57 minutes 00 seconds East,52.89 feet to the place of BEGINNING. CONTAINING 0.336 acres,more or less,according to draft of survey of John R.Kissinger,R.S.,dated May 1, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44,Page 118.Being all of Lot No. Ion said plan. 202 Britton Road,Shippensburg,Pennsylvania 17257. BEING the same premises which EDWARD L.ALRIGHT,III AND REGINA STAKE,BOTH SINGLE by deed dated May 18,2007 and recorded May 23,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 488,granted and conveyed to Joseph B.Horst,single man in fee. TAX MAP PARCEL NUMBER: 36-33-1869-001B McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 C-) KEVIN T.McQUAIL,ESQUIRE-ID#307169 CZ C:= -77 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 ZC Z3 BRIAN T.LaMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 S JOSEPH I.FOLEY,ESQUIRE-ID#314675 —icl MAW CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 = C) =C X 123 South Broad Street,Suite 1400 ' C D Philadelphia,Pennsylvania 19109 5 (215)790-1010 c- M&T Bank CUMBERLAND COUNTY < COURT OF COMMON PLEAS Plaintiff V. NO: 13-3774 Joseph B.Horst Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at:202 Britton Road, Shippensburg,Pennsylvania 17257,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Joseph B.Horst 202 Britton Road Sbippensburg,Pennsylvania 17257 2. Name and address of Defendant in the judgment: Name Address Joseph B.Horst 202 Britton Road Sbippensburg,Pennsylvania 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 202 Britton Road Shippensburg,Pennsylvania 17257 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8"'Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street,Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 51.11 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name .Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. BY: [ ] Terrenc J.McCabe,Esq. ( ) Marc S.Weisberg,Esq. DATE [ ) Edward D.Conway,Esq. Margaret Gairo,Esq. [ )Andrew L.Markowitz,Esq. [ ]Heidi R.Spivak,Esq. [ ] Marisa J.Cohen,Esq. ( ] Kevin T.McQuail,Esq. [ ]Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ] Ann E. Swartz,Esq. ( ]Joseph F.Riga,Esq. ( )Joseph I.Foley,Esq. [ )Celine P.DerKrikorian,Esq. . Attorneys for Plaintiff { LEGAL DESCRIPTION ALL the following real estate lying and being situate in the Shippensburg Township,Cumberland County, Pennsylvania,more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21048;thence in Legislative Route 21048,South 1 degree 00 minutes 43 seconds East, 111.56 feet to a nail;thence continuing in Legislative Route 21048,South 3 degrees I minute 37 seconds West 63.44 feet to a railroad spike at corner of lands now or formerly of George L.Bigler,Sr.,and Mary M.Bigler,his wife;thence along lands now or formerly of George L.Bigler,Sr.,and Mary M.Bigler,his wife; North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin;thence continuing along lands now or formerly of George L.Bigler,Sr.,and Mary M.Bigler,North 15 degrees 33 minutes 00 seconds East, 82.65 feet to a post at corner of lands now or formerly of Lawrence Marra;thence along lands now or formerly of Lawrence Marra, North 50 degrees 33 minutes 17 seconds East, 72.10 feet to a post thence continuing along the same,North 79 degrees 57 minutes 00 seconds East, 52.89 feet to the place of BEGINNING. CONTAINING 0.336 acres,more or less,according to draft of survey of John R.Kissinger,R.S.,dated May 1, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44,Page 118.Being all of Lot No. Ion said plan. 202 Britton Road,Shippensburg,Pennsylvania 17257. BEING the same premises which EDWARD L.ALRIGHT,III AND REGINA STAKE,BOTH SINGLE by deed dated May 18,2007 and recorded May 23,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 488,granted and conveyed to Joseph B.Horst,single man in fee. TAX MAP PARCEL NUMBER: 36-33-1869-OOIB McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T. McQUAIL,ESQUIRE-ID#307169 - � w CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 M M t BRIAN T. LaMANNA,ESQUIRE-ID#310321 :z:10 -V ANN E.SWARTZ,ESQUIRE-ID#201926 -<> C) JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 -- `- 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 _� z- , (215)790-1010 CIVIL ACTION LAW M&T Bank COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Joseph B.Horst Number 13-3774 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Joseph B.Horst 202 Britton Road Shippensburg,Pennsylvania 17257 Your house(real estate)at 202 Britton Road,Shippensburg,Pennsylvania 17257 is scheduled to be sold at Sheriff s Sale on March 5,2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of $107,914.67 obtained by M&T Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to M&T Bank the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See the following notice 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 McCabe, Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION ALL the following real estate lying and being situate in the Shippensburg Township,Cumberland County, Pennsylvania,more fully bounded and described as follows: BEGINNING at a railroad spike in Legislative Route 21048;thence in Legislative Route 21048, South 1 degree 00 minutes 43 seconds East, 111.56 feet to a nail;thence continuing in Legislative Route 21048, South 3 degrees 1 minute 37 seconds West 63.44 feet to a railroad spike at corner of lands now or formerly of George L.Bigler, Sr., and Mary M.Bigler,his wife;thence along lands now or formerly of George L.Bigler, Sr.,and Mary M.Bigler,his wife; North 72 degrees 37 minutes 21 seconds West, 134.70 feet to an iron pin;thence continuing along lands now or formerly of George L.Bigler, Sr., and Mary M.Bigler,North 15 degrees 33 minutes 00 seconds East, 82.65 feet to a post at corner of lands now or formerly of Lawrence Marra;thence along lands now or formerly of Lawrence Marra, North 50 degrees 33 minutes 17 seconds East, 72.10 feet to a post thence continuing along the same,North 79 degrees 57 minutes 00 seconds East, 52.89 feet to the place of BEGINNING. CONTAINING 0.336 acres,more or less,according to draft of survey of John R.Kissinger,R.S.,dated May 1, 1983 and approved by the Cumberland County Planning Commission on May 24, 1983 and also approved by Shippensburg Township Supervisors on May 19, 1983 and recorded in Plan Book 44,Page 118.Being all of Lot No. Ion said plan. 202 Britton Road, Shippensburg,Pennsylvania 17257. BEING the same premises which EDWARD L.ALRIGHT,III AND REGINA STAKE,BOTH SINGLE by deed dated May 18,2007 and recorded May 23,2007 in the office of the Recorder in and for Cumberland County in Deed Book 280,Page 488,granted and conveyed to Joseph B.Horst, single man in fee. TAX MAP PARCEL NUMBER: 36-33-1869-00IB WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-3774 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M&T BANK, Plaintiff(s) From JOSEPH B.HORST (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 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: $107,914.67 L.L.: $.50 Interest from 8/8/13 @$17.74 -- $3,725.40 Atty's Comm: Due Prothy: $2.25 Atty Paid: $199.35 Other Costs: Plaintiff Paid: Date: 9/18/13 David D. Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET CAIRO,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S.BROAD STREET,SUITE 1400 PHILADELPHIA, PA 19109 Attorney for:PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No.34419 McCABE, WEISBERG AND CONWAY, P.C. B\: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WLTNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215) 790-1010 M&T Bank CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS Attorneys for Plaintiff Joseph B. Horst v. Number 13-3774 Defendant AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 7th day of February, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth m Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS /4011- DAY OF , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEAN R. JACOBS, JR., Notary Public City of Philadelphia, Phila. County My Commission Expires June 27, 2017 McCABE, WEISBERG & CON BY: AY P.C. [ 1 Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire 1 Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire [ I-Ware S. Wei .erg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - 113, # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790-1010 M&T Bank Joseph B. Horst Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. NO: 13-3774 Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 202 Britton Road, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 2. Name and address of Defendant in the judgment: Name Address Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: File #69218 Page 1 Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants /Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Address 202 Britton Road Shippensburg, Pennsylvania 17257 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8th Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 PO BOX 280948 Harrisburg PA 17128 -0948 File 469218 Page 2 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 Address File #69218 Page 3 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE 17 6rif McCABE, WEIS RG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Re: M &T Bank v. Joseph B. Horst. et al. Cumberland County; Number: 13 -3774 [ - +j'1Glarc S. W ,6isberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire File 469218 Page 4 McCABE, WEISBERG AND CONWAY, P.C. B1": TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 M &T Bank Joseph B. Horst Plaintiff v. Defendant DATE: February 7, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 13 -3774 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Joseph B. Horst PROPERTY: 202 Britton Road, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $107,914.67 The above - captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on March 12, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified,by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Check type of mail or service: l•auIC aiiu /ALMA k33 w ocuucr — — „.... °° — •••.•.°• °•,• •,"•••••,, ° "••••� °O „'•, U If M ti - U.S. POSTAGE P PITNEY BOWES I s 08.00° s 2014 ZIP 19109 $ �� Line M Mick Number • FASePiL} TIC. ~ 9 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff's Sales 10 United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 11 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 12 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 13 United States of America c/o United States Attorney for the 2010 -5387 District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 14 United States of America c/o Attv General of the United States U.S. Dent of Justice. Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 15 United States of America c/o Attv General of the United States U.S. Dept of Justice. Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530 -0001 Total Number of Pieces Listed by Sender 15 Total Number of Pieces Received at Post Office McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M &T Bank Joseph B. Horst Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -3774 AFFIDAVIT OF SERVICE The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 5th day of March, 2014, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED BEFORE ME THIS !;... DAY OF tiktsle 4 , 2014 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NO T ARiAL SEAL DEAN R. JACO133, : {ft., Notary Public City of Philadelphia, Phaia. County My Commission Expires June 27, 2017 McCABE, WEISBERG & BY: [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire NWAY, P.C. [ .arc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 M &T Bank Joseph B. Horst Plaintiff v. Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 13 -3774 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 202 Britton Road, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 2. Name and address of Defendant in the judgment: Name Address Joseph B. Horst 202 Britton Road Shippensburg, Pennsylvania 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: File #69218 Page 1 Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Cumberland County Adult Probation Address 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants /Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Address 202 Britton Road Shippensburg, Pennsylvania 17257 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105 -8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 -1230 PO BOX 280948 Harrisburg PA 17128 -0948 File #69218 Page 2 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None Clearance Support Department 281230 Harrisburg, PA 17128 -1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Bureau of Compliance Department 280946 Harrisburg, PA 17128 -0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108 -1754 U.S. Dept. of Justice, Rm 4400 950 Pennsylvania Avenue, NW Washington, DC 20530 U.S. Dept. of Justice, Rm 5111 950 Pennsylvania Avenue, NW Washington, DC 20530 Address File #69218 Page 3 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. DATE III McCABE, P , i , RG & CO BY: AY, P.C. [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Re: M &T Bank v. Joseph B. Horst. et al. Cumberland County; Number: 13 -3774 [ Marc S. We berg, Esquire [ ] Margaret airo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph I. Foley, Esquire [ ] Jennifer L. Wunder, Esquire File #69218 Page 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 M &T Bank Joseph B. Horst Plaintiff v. Defendant DATE: March 5, 2014 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 13 -3774 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Joseph B. Horst PROPERTY: 202 Britton Road, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling JUDGMENT AMOUNT: $107,914.67 The above - captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on March 12, 2014 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. Name and Address of Sender McCabe, Weisberg and Conway, P.C. 123 S. Broad St., Suite 2080 Philadelphia, PA 19109 ATTN: S. Gorman - 69218 Check type of mail or service: 0 Certified 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Signature Confirmation 0 Insured Line Article Number Postage M &T Bank Joseph B. Horst Plaintiff v. Defendant Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 Total Number of Pieces Listed by Sender 15 Total Number of Pieces Received at Post Office U.S. POSTAGF » — P`7 c7:EY Bo J 1 $ 0° 02 ZIP 111"93 09 00077494 MAR 0 05 202014 ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff c;F.THE P°OTHONOTARY Jody S Smith Chief Deputy Richard VVStewart Solicitor orrficoOP-ME emsmF; 6�», "^�6 781(N �A . — 12 �� 9: ~° CUMBERLAND COUNTY PENNSYLVANIA M&T Bank vs.Joseph B Horst Case Number 2013-3774 SHERIFFS ��ER�U�� ' _ 01/03/2014 04:40 PM - Deputy Dawn Kell, being duly sworn according to law, states service was pdrformed by posting a true copy of the requested Real Estate Wr.NodcaandDeanrip1ion.andGaleHandb0in|he above titled action, upon the property Iodated at 202 Briton Road, Shippensburg Township, Shippensburg, PA 17257, Cumberland County. 01/03/2014 04:40 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Desdription, in the above titled action, by making known its contents and at the same time personatly hand ng atrue copy to a person representing themsetves to be the Defendant, to wit: Joseph El Horst at 202 Briton Road, Shippensburg Township, Shippensburg, PA 17257, Cumberland County. 03/13/2014 As directed by Terrance Mccabe, Attorneyforthe Ptaintiff, Sheriff's Sale Continued to4/8/2014 04/09/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberiand County Courthouse, 1 Courthouse Square, CarIisJe, PA 17013, onApril 9.2U14ot1O:0O a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of M T Bank, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $882.08 May 13, 2014 SO ANSWERS, RONNYRANDERSON, SHERIFF wCountyaust°snentf,rmeoso^Inc. On November 19, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA, Known and numbered as, 202 Britton Road, N Shippensburg, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Q_ Date: November 19, 2013 By: Real Estate Coordinator LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 Writ No. 2013-3774 Civil Term M&T Bank vs. Joseph B. Horst Atty.: Terrance McCabe ALL the following real estate ly- ing and being situate in the Ship- pensburg Township, Cumberland County, Pennsylvania being known as 202 Briton Road, Shippensburg, Pennsylvania 17257. BEING the same premises which EDWARD L. ALRIGHT, HII AND RE- GINA STAKE, BOTH SINGLE by deed dated May 18,2007 and recorded May 23, 2007 in Deed Book 280, Page 488, granted and conveyed to Joseph B. Horst, single man in fee. TAC MAP AND PARCEL NUMBER: THE IMPROVEMENTS THEREON ARE: Residential Dwelling. SEIZED AND TAKEN IN EXECU- TION AS THE PROPERTY OF: JO- SEPH B. HORST. 40 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 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. Lisa Marie Coyne, E SWORN TO AND SUBSCRIBED before me this 7 day of February, 2014 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 fhe Patriot -News Co. 2'020 Technology. Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 fte atriotNcws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-3774 CMI Term M&T Bank Vs Joseph B Horst Atty: Terrance Mccabe ALL the following real estate lying and being situate in the Shippensburg Township, Cumberland County, Pennsylvania being known as 202 Briton Road, Shippensburg, Pennsylvania 17257. BEING the same premises which EDWARD L. ALRIGHT 1I1 AND REGINA STAKE, BOTH SINGLE by deed dated May 18,2007 and recorded May 23, 2007 in Deed Book 280, Page 488, granted and conveyed to Joseph B. Horst, single man in fee. TAC MAP AND PARCEL NUMBER: THE IMPROVEMENTS THEREON ARE: Residential Dwelling SEIZED AND TAKEN IN EXECUTION AS THE PROPERTY OF: JOSEPH B. HORST This ad ran on the date(s) shown below: 01/19/14 01/26/14 02/02/14 Sworn to and s bscribed before me this 18 day of February, 2014 A.D. 11ta* � 4111 ub COMMONWEALTI{ OF Notarial Seal ENN$VLVANM Hotly Lynn Warfel, Nota Washington Twp., ny Public MEMBER, Commission F pines Dec. Coun0y PENNSYLVANIA A A'C' 12. 2016 SSnC1AT10N OF VITA Otrr. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which M & T Bank is the grantee the same having been sold to said grantee on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of September, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3774, at the suit of M & T Bank against Joseph B Horst is duly recorded as Instrument Number 201412357. IN TESTIMONY WHEREOF, I have hereunto set my hand -d- and)eal of said office this day of C � , A.D..(90/. Recorder of D&eds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018