Loading...
HomeMy WebLinkAbout06-1330 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 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST P ARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FORPLAINTITF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM ~ NO.O~ -(dJD CWlL 18Z..l?L v. CUMBERLAND COUNTY ROBERT D. POTTS MARCIA F. POTTS 345 PEACH GLEN ROAD GARDNERS, P A 17324 Defendants 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 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 MAYBE 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, PA 17013 (800)990-9108 File #: 131935 . File #; 131935 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 MAY 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 HAVE 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 ESTATE. - J. Plaintiff is STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT D. POTTS MARCIA F. POTTS 345 PEACH GLEN ROAD GARDNERS, P A 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/02/1990 mortgagor(s) made. executed and delivered a mortgage upon the premises hereinafter described to THE GETTYSBURG NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 982, Page: 1061. By Assignment of Mortgage recorded 08/1 8/2004 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Mortgage Book No. 710, Page 4419. 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 I 1/02/2005 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 #: 131935 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 10/02/2005 through 03/06/2006 (Per Diem $4.23) Attorney's Fees Cumulative Late Charges 07/02/1990 to 03/06/2006 Cost of Suit and Title Search Subtotal $22,868.11 659.88 1,250.00 49.74 $ 550.00 $ 25,377.73 Escrow Credit Deficit Subtotal - 225.76 0.00 $- 225.76 TOTAL $ 25,151.97 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 25,151.97, together with interest from 03/06/2006 at the rate of $4.23 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. LLP ~.c[ )dJb By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131935 . LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEEGINNING at a point in the center of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12 3/4 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus: thence by said Fanus land North 64 degrees East 5 perches to a comer on the Fanus land; thence by the Fanus land South 74 degrees East 21.8 perches to a comer in the Fanus land, thence by same South 30 3/4 degrees East 13.6 perches to the comer ofland now or formerly ofC.F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the land of Frank L. Black and wife, North 73 1/2 degrees West 17 perches to the nail in the center of the Bendersville Road, the place of beginning, containing 4 acres, more or less. BEING the same property which Morris E. Beam and Stella M. Beam, his wife, by deed dated April 24, 1946 and recorded in Cumberland County Recorder of Deed's Office in Deed Book l3-E, Page 349, granted and conveyed to John Shelleman and Romayne Shelleman, his wife, Grantors herein. PARCEL NO. 08-16-0210-003 PROPERTY BEING: 345 PEACH GLEN ROAD File #: 131935 VRRTFICATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is altorney 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 1he filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and thaI 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 bes1 of his knowledge, information and belief Furthermore, it is counsel's intention to subs1itute a verification from Plaintiff as soon as it is received by counsel. The undersigned unders1ands thaI this slatement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. h/~- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 3/ far oL I (0 ~ /.J r.;. U'z ~ Ii ~ - .l::. V?C) ~ \) V) ..:t ~ I ~ - u c>.]~ b f 8 .-.1 I '. ;. 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., smTE 1400 PHILADELPHIA, PA 19103-1814 (215\ 563-7000 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST PARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1330 ROBERT D. POTTS MARCIA F. POTTS 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 ofthe Plaintiff and against ROBERT D. POTTS and MARCIA F. POTTS, Defendant(s) for failure to file an Answer to Piaintiffs Complaint within 20 days from service thereof and for Foreclosure and Saie of the mortgaged premises, and assess Plaintiffs damages as follows: As se1 forth in Compiaint Interest from 3/7/06 to 4/27/06 TOTAL $25,151.97 $215.73 $25,367.70 I hereby certify that (I) the addresses of the Piaintiff and Defendant( s) are as shown above, and _ (2) 1hat notice has been given in accordance with Rule 237.1, copy attaCh. ed. ~ ~'I / \. \ /'- l.0-- , DANIEL G. SCHMIEG, torney for Plaintiff / '-..---/ DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~-~t2 DATE: (jn(l'\( ~71 :lDv~ ~~Jtq '1 I PRO; ROT)ff PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq.. Id. No. 32227 Francis S. Hallinan, Esq.. [d. No. 62695 Daniel G. Schmieg, Esq.. Id. No. 62205 One Penn Center Plaza. Suite 1400 Philadelphia, PA 19103 (7 I 'i) 'i1i1-7000 STATE STREET BANK& TRUST COMPANY, AS TRUSTEE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT D. POTTS MARCIA F. POTTS : NO. 06-1330 Defendants FlECOPf TO: ROBERT D. POTTS SCI CAMP HILL 2502 LISBURN ROAD CAMP HILL, PA 17011 DATE OF NOTICE: APRTJ, 5 2006 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 HA VE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ 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, P A 19103 I? I ,) ,"1-7000 STATE STREET BANK & TRUST COMPANY. AS TRUSTEE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY ROBERT D. POTTS MARCIA F. POTTS : NO. 06-1330 Defendants TO: MARCIA F. POTTS 345 PEACH GLEN ROAD GARDNERS, PA 17324 FlE COpy DATE OF NOTICE: APRIL 5 2006 THIS FIRM IS A DEBT COLLECTOR ATIEMPTING 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.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN. ESQUIRE Attorneys for Plaintiff 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 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY 11200 WEST PARKLAND AVENUE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1330 ROBERT D. POTTS MARCIA F. POTTS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is atlorney for the Plaintiff in the above-captioned matter, and thaI on informa1ion and belief, he has knowledge of the following facts, to wit: (a) thaI the defendant(s) is/are not in the Military or Naval Service ofthe United States or its Allies, or otherwise within the provisions of the Soidiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT D. POTTS is over 18 years of age and resides at, SCI CAMP HILL, 2502 LlSBURN ROAD, CAMP HILL, P A 17011 . (c) thaI defendan1 MARCIA F. POTTS is over 18 years of age, and resides aI, 345 PEACH GLEN ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn faisification to authorities. 'I' -,,( --{..-., (, -,c) () ...D 1t- "l Q :L C> ~ - Cf( -c) ~ \'\ ." \) ,- -,.,' (..:" ~ \) ?--..l \'l" ~ \) ----D ~ ~ -+- .. ( ("1 - ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW STATE STREET BANK & TRUST COMPANY, AS TRUSTEE 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1330 ROBERT D. POTTS MARCIA F. POTTS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on Qp/l..d .;21. 200 b By. c~ If you have any questions concerning this matter, please contact: i<\NIEL G. SCHMIEG, ES tto::'~~ i;J Plaintiff ONE~CENTER AT SUBURBAN STATION 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 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 CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."" '. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE Plaintiff, v. No. 06-1330 ROBERT D. POTTS MARCIA F. POTTS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $25,367.70 Interest from 4/27/06 to 9/6/06 (per diem -$4.17) $550.44 and Costs TOTAL Add'l fees Note: Please atlach description of property. No. 08-16-0210-003 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. ... 'S r- ... .( ~ ~ ~ ta-.r ~% u.( ~~ ~~ ~~ ~~ \i1O<.( ~ ~" O~ P ';j~ -'i ~';.- ~ e ~O ~~ ;.~ ~'E ~Il'. ~ ~(Il (Il(ll ~~ ~~ r-<li<l li<la <lJ 06~ ';.';. ~6 .0 ,....0 ~ ~~~ ~~ ~~ 01 ~ ~~ ~e e o~ ~~ .;, c:,":' <- ~ uZ ... ~~ ~~ u~ ~ ""''6 ... ~ p. ~~ \i\ ~t!: 'd~ <lJ Ou 'is %~ ~ :i (Il.... ~ --....- ~~ \,) o~ li<l0 \ ~ ~ ~i ~u ~ .\5 \.J! ~ ~ f ~~ ..... \J.< ~? U - , i .:S ~ N "" sa :gs tlJ~ ff~? ~ :::,~ ~. Q,.,. -,::;; 65 0;.' ::::t- V'> "':J"fn ~g ~ - ~i I -~~ - - tn - " '::;- - - ~ "~.~ w , 16 \I) ", s:: ~ ~ :: '= ~ ~ ~ '3 -.J i; ::. ~ ~ ~ {" ~ - ~ (I~~ - - \ \ <l ~ \ ~ (j ci. ,0 () Cl ci 0 y -:t 1\ 0 n\ (") V) ~ lJ) Vl -:. '::L e..:1.J)~cl .. -- '<:7.1' ~ 0 Vi -.: .- , - ~ '1Vl Ul \:::>,- - I . DESCRIPTION ALL THAT CERTAIN tract ofland siIua\e in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEEGINNING at a point in the cen\er of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12 3/4 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a corner on the Fanus land; thence by the Fanus iand South 74 degrees East 21.8 perches to a comer in the Fanus land, thence by same South 30 3/4 degrees East 13.6 perches to the corner ofland now or formerly ofC.F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the iand of Frank L. Black and wife, North 73 l/2 degrees West 17 perches to the nail in the center of the Bendersville Road, the place of beginning, conlaining 4 acres, more or less. BEING the same property which Morris E. Beam and Stella M. Beam, his wife, by deed dated April 24, 1946 and recorded in Cumberland County Recorder of Deed's Office in Deed Book 13-E, Page 349, gran\ed and conveyed to John Shelleman and Romayne Shelleman, his wife, Grantors herein. Being Parcel # 08- I 6-02 I 0-003 Premises: 345 Peach Glen Road, Gardners, P A 17324 Dickinson, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert Douglass Potts and Marcia F. Potts, his wife, by Deed from John Shelleman and Romayne Shelleman, his wife, dared 07-02-90, recorded 07-02-90 in Deed Book 34-Q, page 756. o WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1330 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the deb1, in1erest and costs due STATE STREET BANK & TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From ROBERT D. POTTS AND MARCIA F. POTTS (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed 10 attach the property of the defendant(s) n011evied 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 ofthe defendaut (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 10 notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $25,367.70 L.L. $.50 Interest FROM 4/27/06 TO 9/6106 (PER DIEM - $4.17) - $550.44 AND COSTS Ally's Comm % Due Prothy $1.00 Ally Paid $151.52 Other Costs Plaintiff Paid Date: MAY 5, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SillTE 1400 PIDLADELPIllA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 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 STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DMSION ROBERT D. POTTS MARCIA F. POTTS NO. 06-1330 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: () 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. () ....., = 0 c = -n $: ."... "OO:J :x ~~ mrn ",. Z-n -< zc I 0): :06 ~e, Ul S .) > "')""" :> (~ C:5 -n Z' :::It ~.".~ ....c )>c C3 1:5 Z -1 ~ N ~ .t:" -< , . ... STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT D. POTTS MARCIA F. POTTS NO. 06-1330 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) STATE STREET BANK & TRUST COMPANY, AS TRUSTEE, 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 ,345 PEACH GLEN ROAD, GARDNERS. PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT D. POTTS SCI CAMP HILL 2502 LlSBURN ROAD CAMP HILL, PA 17011 MARCIA F. POTTS 345 PEACH GLEN ROAD GARDNERS, PA 17324 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 10 be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, PA 17013 I ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYL VANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET HARRISBURG, P A 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 345 PEACH GLEN ROAD GARDNERS, PA 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 4. 2006 DATE ~ ~ q, 'i? ~~ ~ -::J'. ~i{; ~ "Z:;;"" ~\, " \ 'Zs; (fl,- '" ~,<-~, r;;:,e:., ~ ~~ ,%0 c~ ~,o c;? y-- "" '; r-:> ~ r;" , STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, No. 06-1330 v. ROBERT D. POTTS MARCIA F. POTTS Defendant(s). May 4, 2006 TO: ROBERT D. POTTS SCI CAMP HILL 2502 LlSBURN ROAD GARDNERS, PA 17324 MARCIA F. POTTS 345 PEACH GLEN ROAD CAMP HILL, PA 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 A TTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 345 PEACH GLEN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $25,367.70 obtained by STATE STREET BANK & TRUST COMPANY. AS TRUSTEE (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 sIrike 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 slop 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. I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis 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 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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 " . -.. DESCRIPTION ALL THAT CERTAIN tract ofland situa\e in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEEGINNING at a point in the cen\er of the BendersvilIe Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12 3/4 degrees East 457.65 feet, more or iess, to iand now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a corner on the Fanus land; thence by the Fanus iand South 74 degrees East 21.8 perches to a corner in the Fanus land, thence by same South 30314 degrees East 13.6 perches to the corner ofland now or formerly ofC.F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the land of Frank L. Black and wife, North 73 112 degrees West 17 perches to the nail in the center of the Bendersville Road, the place of beginning, containing 4 acres, more or less. BEING the same property which Morris E. Beam and Stella M. Beam, his wife, by deed dared April 24, 1946 and recorded in Cumberiand County Recorder of Deed's Office in Deed Book 13-E, Page 349, granted and conveyed to John Shelleman and Romayne Shelleman, his wife, Grantors herein. Being Parcel # 08-16-0210-003 Premises: 345 Peach Glen Road, Gardners, P A 17324 Dickinson, Cumberland County Pennsyivania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert Douglass Potts and Marcia F. Potts, his wife, by Deed from John Shelleman and Romayne Shelleman, his wife, dated 07-02-90, recorded 07-02-90 in Deed Book 34-Q, page 756. .- (') ..." ~ <=> s;;; = 0- S,. X ~::n "V \Xl mrn ,... -",:x -< ~~ s.c I th.):'''. -< ~:~ U1 ~C: .........,. :l> x-d ec :x 90 -':'.c $-' c:? am t,.._ ~ -7 S! N ,l:" t ......... SHERIFF'S RETURN - REGULAR CASE NO: 2006-01330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK & TRUST VS POTTS ROBERT D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTTS ROBERT D the DEFENDANT , at 1035:00 HOURS, on the 15th day of March , 2006 at SCI CAMP HILL 2502 LISBURN ROAD CAMP HILL, PA 17011 by handing to ROBERT D POTTS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13 .20 .00 10.00 .00 41.20 .r~~-'<~ R. Thomas Kline 03/16/2006 PHELAN HALLIN Sworn and Subscribed to before By: me this J./".x day of ~ P .. _.\~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01330 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE STREET BANK & TRUST VS POTTS ROBERT D ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POTTS MARCIA F the DEFENDANT , at 1756:00 HOURS, on the 14th day of March 2006 at 345 PEACH GLEN ROAD GARDNERS, PA 17324 by handing to MARCIA F POTTS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 12.32 .00 10.00 .00 28.32 So Answers: .r~~<~~ R. Thomas Kline me this .21,A-t- day of 03/16/2006 PHELAN HALLINAN SCHMIEG By:~n Deputy h iff------=- Sworn and Subscribed to before ~ A.D. State Street Bank & Trust Company as Trustee VS Robert D. Potts and Marcia F. Potts In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1330 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 14,2006 at 10:24 o'clock AM, he served a true copy ofthe within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Marcia F. Potts, by making known unto Marcia Potts, personally, at 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 7,2004 at 11 :05 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert D. Potts and Marcia F. Potts located at 345 Peach Glen Road, Gardners, Pennsylvania, 17324 according to law. R. Thomas Kline, Sheriffwho being duly sworn according to law, states this writ is returned stayed per instructions from attorney Daniel Schmeig. Sheriffs costs: Docketing Posting Bills Advertising Law Library Prothonotary Mileage Levy Out of County Schuylkill County Surcharge Share of Bills Total: 30.00 15.00 15.00 .50 1.00 19.36 15.00 9.00 38.30 30.00 19.31 192.47 v C}t.. 1.)I.Cl. So Answers: <~r' ~ R. Thomas Kline, Sheriff BY Jo Real Estate ). {C> (h..., ':/ 't r/ V R..v.- i 'II) 59' , ...,,"" , , . STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v, CIVIL DIVISION ROBERT D. POTTS MARCIA F. POTTS NO. 06-1330 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) STATE STREET BANK & TRUST COMPANY, AS TRUSTEE, 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 ,345 PEACH GLEN ROAD, GARDNERS, P A 17324 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT D. POTTS SCI CAMP HILL 2502 LISBURN ROAD CAMP HILL, P A 17011 MARCIA F. POTTS 345 PEACH GLEN ROAD GARDNERS, P A 17324 2. Name and address of Defendant(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) CUMBERLAND COUNTY ADULT PROBATION 1 COURTHOUSE SQUARE CARLISLE, P A 17013 f . .. ,. . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET HARRISBURG, P A 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 345 PEACH GLEN ROAD GARDNERS, P A 17324 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. Mav 4, 2006 DATE , t' STATE STREET BANK & TRUST COMPANY, AS TRUSTEE CUMBERLAND COUNTY Plaintiff, No, 06-1330 v. ROBERT D. POTTS MARCIA F. POTTS Defendant( s). TO: "'.:) J May 4,2006 )(1('1 ' ROBERT D. POTTS ( 1'1,1 L, \ j (t t rt F MARCIA F. POTTS SCI CAMP HILL !: I' (Q U, I'i f 345 PEACH GLEN ROAD 2502 LISBURN ROAD ..1 D \ (V\O \ k (t CAMP HILL, P A 17011 GARDNERS, PA 17324 foc\iVI J-d 'r~ \-1C) J **THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 345 PEACH GLEN ROAD. GARDNERS. P A 17324. is scheduled to be sold at the Sheriffs Sale on 9/6/06 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $25.367.70 obtained by STATE STREET BANK & TRUST COMPANY. AS TRUSTEE (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 ifthe 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 may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania bounded and described as follows: BEEGINNING at a point in the center of the Bendersville Road, marked by a heavy nail; thence along the center of the said Bendersville Road, North 12314 degrees East 457.65 feet, more or less, to land now or formerly of Harry P. Fanus; thence by said Fanus land North 64 degrees East 5 perches to a comer on the Fanus land; thence by the Fanus land South 74 degrees East 21.8 perches to a comer in the Fanus land, thence by same South 30 3/4 degrees East 13.6 perches to the corner ofland now or formerly of C.F. Beam, thence along the line of the land of Beam South 52 degrees West 41.7 perches to a poplar tree; thence by the land of Frank L. Black and wife, North 73 112 degrees West 17 perches to the nail in the center of the Bendersville Road, the place of beginning, containing 4 acres, more or less. BEING the same property which Morris E. Beam and Stella M. Beam, his wife, by deed dated April 24, 1946 and recorded in Cumberland County Recorder of Deed's Office in Deed Book 13-E, Page 349, granted and conveyed to John Shelleman and Romayne Sheneman, his wife, Grantors herein. Being Parcel # 08-16-0210-003 Premises: 345 Peach Glen Road, Gardners, P A 17324 Dickinson, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert Douglass Potts and Marcia F. Potts, his wife, by Deed from John Sheneman and Romayne Shelleman, his wife, dated 07-02-90, recorded 07-02-90 in Deed Book 34-Q, page 756. WRIT OF EXECUTION and/or ATTACHMENT .. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1330 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due STATE STREET BANK & TRUST COMPANY, AS TRUSTEE, Plaintiff (s) From ROBERT D. POTTS AND MARCIA F. POTTS (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 enj oined 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 $25,367.70 L.L. $.50 Interest FROM 4/27/06 TO 9/6/06 (PER DIEM - $4.17) - $550.44 AND COSTS Arty's Conun % Due Prothy $1.00 Arty Paid $151.52 Other Costs Plaintiff Paid Date: MAY 5, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 ~ @:i) ~ ~ ~ ~ Real Estate Sale # 51 On May 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 345 Peach Glen Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 31,2006 By: U~cLJ~ Real E;iate Sergeant (S :01 V b- AVW qaaZ \~I 1 l': ,'. \r (~ ), 1 j\ i lli ~,j~~J, t; I :~j fj ,( ~j .:J.:lHBHS 3Hl .dO 3Jf:uo