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HomeMy WebLinkAbout05-3767 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRA nON SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. oS- ~L7 C;u~ L '--rf/L~ CUMBERLAND COUNTY v. STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, PAl 7011 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORM A nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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. PAl 70 I 3 (800)990.9108 Filef!". \[978\ hId!". lIg7S\ IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID, LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL EST ATE. 1. Plaintiff is MORTGAGE ELECTRON1C REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action. and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WASHINGTON MUTUAL BANK * S/1I1 WMHL INC. 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 who is/are the mortgagor(s) and real owner(s) ofthe property hereinafter described. 3. On 08120/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1878, Page: 3694. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 11978\ 6. The following amounts are due on the mortgage: Principal Balance Interest 02/0 I 12005 through 07/22/2005 (Per Diem $1 I .58) Attorney's Fees Cumulative Late Charges 08/20/2004 to 07/22/2005 Cost of Suit and Title Search Subtotal $70,421.76 1,991.76 1,250.00 102.04 $ 550.00 $ 74,315.56 Escrow Credit Deficit Subtotal -734.11 0.00 $- 734.11 TOTAL $ 73,581.45 7. 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 the Sale, reasonable attorney's fees will be charged. 8. Notice ofIntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant( s) on the dater s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence ofDefendant(s). WHEREFORE. PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 73,581.45, together with interest from 07/22/2005 at the rate of $11.58 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, UP ?/;~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fi!e#: 11978] LEGAL DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street. in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one-half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as 'Seven Maples No.1, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of 'Seven Maples No. I' and having thereon erected one-half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which Walter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book'S', Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19,1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1,2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. PREMISES: 423 SEVENTH STREET File#: ] 1978] VF,RTFlCATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ~J1PL- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: .1lcP() p ~ f(; ~ ~ lJ( lfl. ..-' I~) <.:~ ~\ ,...., .:3-~-;:", ~ Vl.. ~,. -- ~ ..t. \j j') '\ --.. u~ ...2l 0- --cJ (,..J ----c::. r --" r 0,) $? 1" .F +- --L -------- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-03767 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS SHILEY STEPHEN C SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHILEY STEPHEN C the DEFENDANT at 1125:00 HOURS, on the 11th day of August 2005 at 308 DEERFIELD ROAD CAMP HILL, PA 17011 by handing to STEPHEN C. SHILEY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: ?/-~-"-7~/~ 18.00 12.80 .00 10.00 .00 40.80 R. Thomas Kline 08/12/2005 PHELAN HALLINAN & SCHMIEG .D. Sworn and Subscribed to before By: me this day of PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3767-CIVIL TERM STEPHEN C. SHILEY Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHEN C. SHILEY and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale ofthe mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 7/23/05 to 9/22/05 TOTAL $73,581.45 $717.96 $74,299.41 I hereby certifY that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. fY~Jj_A~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED.~. DATE !Jpi X ~Cb.S r:1r::li. d { PRO OTHY- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3767-CIVIL TERM STEPHEN C. SHILEY Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHEN C. SHILEY is over 18 years of age and resides at , 308 DEERFIELD ROAD, CAMP HILL, P A 17011 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rr&wJ J/-1 DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3767-CIVIL TERM STEPHEN C. SHILEY Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on S1 f.1L 200S. By (L t<; :% If you have any questions concerning this matter, please contact: fJ~JjJc DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA nON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 --THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.-- PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71') '0,-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY STEPHEN C. SHILEY Defendants : NO. 05-3767 TO: STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, PA nOIl DATE OF NOTICE: Septemher 1 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 WDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff -y.-;" :::'~ 9 o "'"' 1,,:1-1 ~hJ .~~, >,-1" c~~(~ :,.,)rn ';::::-~ ~ en -:'.;(, cP :: \ ~ c'- ..-' C',1- ~;~ en \~\"\ -;:; t'--> V' ~ ~~~i -- :t: ~~tJ~ ~ ~ ~ ~ ~.- J:" ~ 9 v (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-3767-CIVIL TERM STEPHEN C. SHILEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $74,299.41 Interest from 9/22/05 to MARCH 8, 2006 (per diem -$12.21) $2,039.07 and Costs TOTAL $76,338.48 1J~JJ..1~' DANIEL G. SCHMIEG, E~ One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ... ... Q r- ... < ~ oj $ ~ < s u ....... ~ "i o~ ~ U C ~ ~ ~~ ~ '" ~~ u~ ~~ 'p ~ <> ~ P .P .... ~ ,..~ ~.~ ~(/) ~~ ~ ~ z ~ ....3 ~z ~,.. ~ 0'6 ~:g e ~~ U~ ~~ ~ ~ ~ ~ ~~ U ~ ~ ~ O~ ,;, ~ ~ p. ,..z .. z ~~ S ClO <> uZ ~ ~ Q ~ 1 ~g tSS 0" .... ti ....0 ~ u ~s ~'6 -.;, ~~ ~ ~ g~ ~~ 0 ~ ~ \A ~~ 06 1 ~ < 11 ~~ .... ~~ --j- ~p .J u l >-- cr> IX U~J & .<.( --r-- d I- S , c~~ a' . 1...,J -." ~s~ ,;,::: . .. V) - e;<';;;; 'l --.!l \: \..l_~. C)r:-::- ~ l./l <) ., C,i \.0 . ~ .AC:: N ~ \r wo... .{j ~LU C'_ -j -9 U-iE 1..1....\ . J J ~ " ::r C/O ~ J c'" .'-- \.!..- C~~l ::; ~ ~ ~ 1L ~ 0 ~'" 0 <) ~ ~ ~..... a % 'Va (J ~ V>, . Q ~ -... \J) '> fl:I ~~ ~ --... - - --try. ...-------------- DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- halfofLot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WalterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume IS, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3767 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From STEPHEN C. SHILEY (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) Ifproperty 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 $74,299,41 L.L. $.50 Interest FROM 9/22/05 TO 3/8/06 (pER DIEM - $12,21) - $2,039.07 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Date: SEPTEMBER 26, 2005 Other Costs 'Protho)le11iry (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHEN C. SIDLEY NO. 05-3767-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 423 SEVENTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Seotember 23. 2005 DATE v~ Jj..J, DANIEL G. SCHMIEG, ES Attorneyfor Plaintiff (") c ",;', r-;; c,.:;:., 'C;:"?i ([?\ '..:0 -n' 1~_\ ( , ;"4 -L~-.. ::< '" 0' q. .-\ "" -t: one" \" :9) t;: "~2\r;;;, ~)~)" :"~.1>-\ j ~_~t '~ ~ -' S .' c.f\ u:> PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STEPHEN C. SIDLEY NO. 05-3767-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fF~)j-J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff n c- ~ ~ (.I> f"i -".) 1'-' cP ~ ~ :.=(...,-, fn.~ _t;; 'un ~;:)\ 1'O)C' '~5r~\ ';.2~ o ~l "-r;.- ~ ?:? :'J1 <..D MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, No. 05-3767-CIVIL TERM v. STEPHEN C. SHILEY Defendant(s). September 23, 2005 TO: STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP IDLL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. .. Your house (real estate) at. 423 SEVENTH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74.299.41 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WalterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1, 2001, and by Letters Testamentary issued by the Office ofthe Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix ofthe Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 (") (~~ ~, ~~ 'cJ"\ (/l rn -0 N ()\ ;'., 'T"" :-... _.'" o -n -< -r:". -r\ rn-:;:.;'"' \-\'\ -0\-" "':J-r' ;.~~~\ -:;;0 '___rn (2\ .~..... ~~2. <;? en ...0 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 Office ofthe Prothonotary CUMBERLAND County Courthouse RE: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. STEPHEN C. SHILEY CUMBERLAND COUNTY NO. 05-3767-CIVIL TERM Dear Sir, Please file the enclosed affidavit(s) in reference to the above captioned matter. Thank you for your cooperation. Yours truly, bmC Sandra Cooper for Phelan Hallinan & Schmieg LLP CC: Sheriffs Office of CUMBERLAND County . AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PMB No. 05-3767-CIVIL TERM DEFENDANT(S) STEPHEN C. SIDLEY ACCT. #0676755176 SERVE STEPHEN C. SHILEY AT 308 DEERFIELD ROAD CAMP HILL, PA l70n Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 8, 2006 SERVED Served and made known to STEPfh;tJ C. S ftlL "''{. Defendant, on the I J-k< at {(;'-f3 ,0'c1ock/Lm.,at ,jOy, b&bl2FIf.LD rV. ) ~p {hL-L day of ewv b.ar , 20rb: , Commonwealth of Pennsylvania, in the manner described below: v Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgeJt.L Height.!tii' Weight;).)O RaceKSex~ Other I, RrN~ Mo L.L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ '2~~~ .~ A.... wllf.- SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 'm w'jersey PATRICIA E. HARRIS Commission Expires June 16, 2008 NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1"Attempt: (()IOql[)~Time:3 :()'7~ 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this ~ day of , 200 ~. Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 )~ (/ ?1 ',' c.) C~,J ..~j i--; , , , TROY H. LITTEN, Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2005-3933 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION Respondent : APPEAL FROM DRIVER'S LICENSE : SUSPENSION COURT ORDER AND NOW, this ~y of October, 2005, upon request of the Petitioner and it being related to the Court that counsel for the Commonwealth of Pennsylvania, Department of Transportation has no objection, the hearing scheduled in this matter for October 27, 2005 at 8:30 a.m. is cancelled and the matter is continued generally. Upon the Commonwealth of Pennsylvania, Department of Transportation adjusting the Petitioner's Driving Record in accordance with the disposition of Defendant's Summary Appeal at CP- 21-MD-427-2005, Petitioner's Attorney is directed to withdraw the above captioned Appeal and mark this matter discontinued. Judge Edward E. Guido cc: Hubert X~9roy , Esquire George Hj6busk, Esquire - Office of the Chief Counsel (penn-DOT) ~lG~~ ~~ ( r{i' 05 ,D~ r: ".I " !, (, :.t. . JOHN H. BROUJOS HUBERT X. Gn.Roy BROUJOS & GILROY, P. c. ATIORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos@broujosgilroy.com hgilroy@broujosgUroy.com NON-TOLL FOR HAluusBURG AREA 717-766-1690 October 25, 2005 Judge Edward E. Guido Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 RE: Litten V Penn-DOT Dear Judge Guido: This matter is scheduled for a hearing before you this Thursday, October 27'h, at 8:30 a.m. It is an Appeal from Driver's License Suspension. The underlying Summary offense which generated the suspension was disposed of by Judge Bayley this rnorning, with a dismissal of the underage drinking charge and a guilty plea to disorderly conduct. I spoke with Attorney George H. Kabusk who represents Penn-DOT in this matter, and George and I are in agreement to generally continue Thursday's hearing. Once I get a copy of Judge Bayley's Order, I will forward that to George. He will then adjust Mr. Litten's driving record. I will then discontinue the above referenced Appeal. Enclosed is a proposed Order to cancel Thursday's hearing, assuming you are satisfied with this request. As indicated, George is in agreement with this procedure. srb cc: George H. Kabusk, Esquire RightFax 12/5/2005 1: 52 PAGE 001/001 Fax Server PHELAN HALLINAN & SCHMIEG, LLP. One Penn Center at Suburban Station 1617 John F. Kennedy Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215_563-5534 Sandra Cooper Legal Assistant, En. 1258 Representing uDders in Penll8ylvania and New Jersey December 5, 2005 Office ofthe Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ATTENTION: JODY FAX: 717-240-6397 Re: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. STEPHEN C. SHll..EY No. 05-3767-CIVIL TERM Premises: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 Dear Jody: Please STAY the Sheriff's Sale of the above rererenced property, which is scheduled fur MARCH 8, 2006" The sum of $77,445.02 was received in consideration fur the stay. Please return the original writ of execution to the Prothonotary as soon as possible, Very truly yours, Sandra Cooper 12/12/05 - Original Writ returned to the Prothonotary's Office 12/12/05 - Oopy of writ and $1500.00 returned to Attorney Schmieg. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3767 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From STEPHEN C. SHILEY (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) Ifproperty 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 $74,299.41 LL $.50 Interest FROM 9/22/05 TO 3/8/06 (PER DIEM - $12.21) - $2,039.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Other Costs Date: SEPTEMBER 26, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3767 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From STEPHEN C. SHILEY (I) You are directed to levy upon the property of the defendant (s)and to sell S~~E 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 gamishee(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) Ifproperty 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 $74,299.41 LL $.50 Interest FROM 9/22/05 TO 3/8/06 (PER DIEM - $12.21) - $2,039.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.80 Other Costs Plaintiff Paid Date: SEPTEMBER 26, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TAUE COPY FROM RECORD / In Testimony whereOf. I here unto set mf:::;.ld and the seal of sz.id at Carlisle, Pa. rnls A. <lay WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3767 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From STEPHEN C. SHILEY (I) 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 attaclnnent 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,299.41 L.L. $.50 Interest FROM 9/22/05 TO 3/8/06 (PER DIEM - $12.21) - $2,039.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Date: SEPTEMBER 26,2005 Other Costs (Seal) P thonotay.. .- By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COPY FROM RECORD In Testimony whereof. I here unto set my hand and tbe ~ said at Carlisle. Pa. r ayO! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3767 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTSRATION SYSTEMS, INC., Plaintiff (s) From STEPHEN C. SHILEY (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 gamishee(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) Ifproperty 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $74,299.41 LL $.50 Interest FROM 9/22/05 TO 3/8/06 (PER DIEM - $12.21) - $2,039.07 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $122.80 Plaintiff Paid Date: SEPTEMBER 26,2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COPY FROM RECORD In Testimony Whereof, I here unto set my hind ~ .. .. ~ ~ ~ ....... Pa. ~-&ay .~ n....... b p ~.J r lhonctary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION STEPHEN C. SIDLEY NO. 05-3767-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1F~JfJ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff i 4 .' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHEN C. SIDLEY NO. 05-3767-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,423 SEVENTH STREET, NEW CUMBERLAND, PA 17070. I. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None "" f , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 423 SEVENTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 23. 2005 DATE fJ~J1- A DANIEL G. SCHMIEG, ES Attorneyfor Plaintiff , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION STEPHEN C. SIDLEY NO. 05-3767-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .423 SEVENTH STREET. NEW CUMBERLAND. PA 17070. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 423 SEVENTH STREET NEW CUMBERLAND, P A 17070 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 23. 2005 DATE fY~IJf Ar R~n~ DANIEL G. SCHMIE~~ Attorneyfor Plaintiff , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 05-3767-CIVIL TERM v. STEPHEN e. SHILEY Defendant(s). September 23, 2005 TO: STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at, 423 SEVENTH STREET. NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,299.41 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WaIter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 05-3767-CIVIL TERM v. STEPHEN C. SIllLEY Defendant(s). September 23, 2005 TO: STEPHEN C. SHILEY 308 DEERFIELD ROAD CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at. 423 SEVENTH STREET. NEW CUMBERLAND. PA 17070. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $74.299.41 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PAl 7013 (717) 249-3166 , DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which Walter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-0 I. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which Walter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which Walter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WaIterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1,2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix ofthe Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No.1" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WaIter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1,2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- halfofLot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1 ", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WalterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Peunsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Peunsylvania. BEING the same property which Walter S. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix ofthe Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel ofland, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WaiterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume IS, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix ofthe Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, P A 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No. I" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WaIterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19,1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October 1,2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty 1. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070 DESCRIPTION ALL THAT CERTAIN lot and parcel of land, together with the improvements thereon erected, situated on the Northerly side of Seventh Street, in the Borough of New Cumberland, County of Cumberland, and State of Pennsylvania, being the Western one- half of Lot No. 40 on the Plan of Property of Levi Brandt Estate, known as "Seven Maples No.1", as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book I, Page 94, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Seventh Street, as shown on the Plan of Lots above mentioned, at the division line between Lots Nos. 40 and 41 on said Plan; thence at right angles to Seventh Street at the said point 105 feet to a 10 foot wide alley; thence Eastwardly by the Southerly line of said alley 25 feet to a point; thence Southwardly at right angles to the said point on the 10 foot wide alley 105 feet to the Northerly line of Seventh Street and thence Westwardly along the Northerly line of Seventh Street 25 feet to a point, the Place of BEGINNING. It being the Western half of Lot No. 40 on the Plan of Lots of "Seven Maples No.1" and having thereon erected one- half of a double frame two and one-half story frame dwelling and known as and numbered 423 Seventh Street, New Cumberland, Pennsylvania. BEING the same property which WalterS. Bailets and Ralph W. Bailets, Executors of the Estate of Emma J. Bailets, deceased, by their Deed dated April 13, 1954, and recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, in Deed Book "S", Volume 15, Page 37, granted and conveyed unto Rudy C. Shadle and Alice J. Shadle, husband and wife. The said Rudy C. Shadle died on March 19, 1976, thus vesting full title in Alice J. Shadle, as surviving tenant by the entirety. Alice J. Shadle died October I, 2001, and by Letters Testamentary issued by the Office of the Register of Wills in and for Cumberland County appointed Betty J. Ravis as Executrix, to whom Letters Testamentary were duly issued. Being Parcel # 26-24-0811-304 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen C. Shiley by Deed from Betty J. Ravis, Executrix of the Estate of Alice J. Shadle, dated 3-20-03, recorded 3-21-03 in Deed Book 256, page 977. And the said Alice J. Shadle departed this life on 10-1-01. PREMISES BEING: 423 SEVENTH STREET, NEW CUMBERLAND, PA 17070