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HomeMy WebLinkAbout06-4144BARLEY SNYDER LLC By: George J. Shoop, Esquire Attorney I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 Attorney for Plaintiff SOVEREIGN BANK, VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE NO. O?o - ?I ?? ?f UaC ! E/L YYI NOTICE TO: Alan G. Unger a/k/a Alan Grant Unger 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 any other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (800) 990-9108 1624072-1 BARLEY SNYDER LLC By: George J. Shoop, Esquire Attorney I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 Attorney for Plaintiff SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- vs. : MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a : NO. ALAN GRANT UNGER, Defendant AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las p6ginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO.Lawyer Referral Service. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (800) 990-9108 1624072-1 BARLEY SNYDER LLC By: George J. Shoop, Esquire Attorney I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 898-7157 Attorney for Plaintiff SOVEREIGN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE NO. p(o y/qy C;,-C `. COMPLAINT The Plaintiff, Sovereign Bank, is a federal savings bank, with an address of 100 N. Third Street, Easton, Pennsylvania 18042, and is the successor by merger to Waypoint Bank. 2. The Defendant, Alan G. Unger a/k/a Alan Grant Unger, is an adult individual and citizen of the Commonwealth of Pennsylvania with a last known address located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. On or about January 18, 2000, Grant Electrical Contracting, Inc. ("Corporation") borrowed certain monies from Plaintiff as a commercial, and not a consumer loan, and, for value received, executed a certain Promissory Note ("Note"), pursuant to which, inter alia, the Corporation promised to pay to Plaintiff the principal amount of Two Hundred Thousand and 00/100 Dollars ($200,000.00), plus interest charges as set forth therein, and costs and expenses in accordance with said Note. A true and correct copy of the Note is attached hereto, made a part hereof, and marked Exhibit "A". 1624072-1 4. As security for the payment and performance of the obligations of the Corporation to the Plaintiff under the Note, the Defendant granted and delivered to Plaintiff a certain Guaranty ("Suretyship") dated January 18, 2000. A true and correct copy of the Suretyship is attached hereto, made a part hereof, and marked Exhibit "B". 5. As security for the payment and performance of the obligations of the Defendant to the Plaintiff under the Suretyship, the Defendant granted to Plaintiff a mortgage lien upon the Defendant's commercial real property, with improvements, located at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania ("Premises"), pursuant to a certain mortgage ("Mortgage" ) dated April 9, 2003. A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked Exhibit "C". 6. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on April 27, 2003 in Record Book Volume 1832, Page 1463, Cumberland County Records. 7. The Defendant is the fee and real owner of the Premises. 8. The Defendant is in default under the Suretyship and the Mortgage, in that the Defendant has failed, refused, and continues to fail and refuse to make the monthly payments which became due and owing on July 1, 2003 and all subsequent monthly payments 9. An itemization of the accelerated amounts due and owing by the Defendant to the Plaintiff under the Mortgage, as of May 5, 2006, is as follows: Principal Balance $76,975.37 Accrued interest to and including 05/05/06 14,351.64 Late Charges 664.91 Reasonable Attorneys' Fees 3,000.00 TOTAL JL2 1624072-1 2 WHEREFORE, the Plaintiff prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant, Alan G. Unger a/k/a Alan Grant Unger, in the amount of Ninety Four Thousand Nine Hundred Ninety One and 92/100 Dollars ($94,991.92), plus interest at the contract rate of $18.71 per diem from May 5, 2006, and costs of this action, and for foreclosure and sale of the Premises. BARLEY ySWMER,LLC By: Geo . Shoop, Esqu re 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorney I.D. No. 25367 Attorneys for the Plaintiff, Sovereign Bank 1624072-1 VERIFICATION I, George J. Shoop, Esquire, verify that I am the Attorney for Sovereign Bank; that as such I am authorized to execute this Verification on its behalf; and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Dated: ? l b By: / , Cdeo • loop, Esquire 1669622-1 HARRI S® H 0 SAVINGS BANK PROMISSORY NOTE Borrower: Grant Electrical Contracting, Inc. Lender: Harris Savings Bank 1937 Spring Road 234 N. Second Street Cadisle, PA 17013 P 0 Box 1711 Harrisburg, PA 17105 Principal Amount: $200,000.00 Initial Rate: 9.500% Date of Note: January IS, 2000 PROMISE TO PAY. Grant Electrical Contracting, Inc. ("Borrower") promises to pry to Harris Savings Banc ("Lender"), or order, In lawful money of the United States of America, on demand, the principal amount of Two Hundred Thousand 6 001100 Dollars ($200,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan Immediately upon Lender's demand. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment data, beginning March 1, 2000, with all subsequent Interest payments to be due on the same day of each month after that. The annual interest rate for this Note is computed on a 355/360 basis; that is, by applying the ratio of the annual interest rate over a year of 350 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid Interest, then to principal, and any remaining amount to any unpaid collection casts and late charges. VARIABLE INTEREST RATE. The Interest rate on this Note Is subject to change from time to time based on changes in an Index which Is Lender's Prime Rate (the "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured bans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The Interest rate change will not occur more often then each Day. The Index currently Is SAM per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 9.500% per annum. NOTICE: Under no circumstances will the Interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than 0 is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid Interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a regularly scheduled interest payment is 15 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever is greater. If Lender demands payment of this loan, and Borrower does not pay the loan within 15 days after Lender's demand, Borrower also will be charged either 5.000% of the arm of the unpaid principal plus accrued unpaid interest or $10.00, whichever Is greater. LENDER'S RIGHTS. Lender may hire or pay someone else to help collect this Note If Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lenders attorneys' tees and Lender's legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated past-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, Interest will continue to accrue on this Note after judgment at the interest rats applicable to this Note at the fime judgment Is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If Mere Is a lawaull, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, the Commonwealth of Pannylvana. Lender and Borrower hereby waive the right to any jury trial M my artier, proceeding, or counterclaim brought by either L.arider or Borrower against the other. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assgm, conveys, delivers, pledgee, and transfers to Lender all Borrower's right, tltis and Interest in and to, Borrowers accounts with Lender (whether checking, savings, or some other account), Including without limitation all accounts hold jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust amounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and as such amounts, and, at Lenders option, to admkktra#"Iy freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided on this paragraph. 'LINE OF CREDIT. This Note evidences a revolving Brie of credit. Advances under this Note may be requested orally by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, Instructions, or directions by telephone or otherwise to Lender are to be directed to Lender's office shown above. The following party or parties are authorized to request advances under the Una of credit until Lender receives from Borrower at Lenders address shown above written notice of revocation of their authod* Alen 0. Unger, President. Borrower agrees to be liable for all sums either. (a) advanced in accordance with the instructions of an authorized parson or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily compute print-outs. Lender will have no obligation to advance funds under this Nob ti: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantors guarantee of this Nob or any other loan with Lender, or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender. SECURITY. All collateral (as herein defined) is security for this Note and any renewals, extemlons and modifications thereof, and the payment, performance and discharge of all other present or future indebtedness, obligations and undertakings (whether individual, joint, several, direct, contingent or otherwise) of the Borrower to or for the benefit of Lender, whether arising directly to Lender under this Note or under any other and Intangible property (I) describeeundertakings monow existing or rtgage, assignment or ra any entered other Into by dooccument sepLender. y The ecu? In favor o includes puall rsuant to this Note, and QQ in which a security Interest has been granted to Lender pursuant to this Note. CROSS COLLATERALIZATION. This Note will be cross-collatwWimed/cross-defaulted with all other loans to the Borrower from the tender. If at any u A EXIN' 01-18-2000 PROMISSORY NOTE Page 2 Loan No 887SM1232 (Continued) time there is a default under this Note, all loans will be considered in default and all outstanding amounts under the loans will be immediately due and payable in full. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security Interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($800) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: Harris Savings Bank QOMMERCIAL GUARANTY 0 Borrower: Grant Electrical Contracting, Inc. Lender: Harris Savings eank 1937 Spring Road 234 N. Second Street Carllsle, PA 17013 P 0 Box 1711 Harrisburg, PA 17105 Guarantor: Alan G. Unger 238 Red Tank Road Bolling Springs, PA 17007 AMOUNT OF GUARANTY. The amount of this Guarmly Is Unlimited. CONTINUING UNLIMITED GUARANTY. For good and valuable consideration, Alan G. Unger ("Guarantor") absolutely and unconditionally p>wremtese and promises to pry to Hells Savings Bader ("Lander") or Its order, on demand, in legal tender of the Umed States of America, Me IndebNtlMss (as thal term Is defined below) of Grant Electrical Contracting, Inc. ("Borrower") to Lender on the forms and conditions set Forth In We Guaranty. Under this Guaranty, Um Ilablllty of Guarantor Is unlimited and the obligations of Guarantor are continuing. DEFINITIONS. The following words shall have the following meanings when used in this Guaranty: Borrower. The word Borrower" means Grant Electrical Contracting, Inc.. Gurmtor. The word "Guarantor" means Alan 0. Unger. Guaranty. The word "Guaranty" means this Guaranty made by Guarantor for the benefit of Lander dated January 18, 2000. Indebtedness. The word "Indebtedness" is used in its most comprehensive sense and means and includes any and all of Borrower's liabilities, obligations, debts, and indebtedness to Lender, now existing or hereinafter incurred or created, Including, without limitation, all loans, advances, Interest, costs, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, other obligations, and liabuges of Borrower, or any of them, and any present or future judgments against Borrower, or any of them; and whether any such Indebtedness is voluntarily or involuntarily Incurred, due or not due, absolute or contingent, liquidated or unllquidated, determined or undetermined; whether Borrower may be Rabb Individually or jointly with others, or primarily or secondarily, or as guarantor or surely; whether recovery on the Indebtedness may be or may become barred or unenforceable against Borrower for any reason whatsoever, and whether the Indebtedness arises from transactions which may be voidable on account of Infancy, Insanity, ultra vices, or otherwise. Lender. The word "Lender" means Harris Savings Bank, its successors and assigns. Related Documents. The words "Related Documents" mean and include without Imitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. NATURE OF GUARANTY. Guarantors liability under this Guaranty shall be open and continuous for so long as this Guaranty remains in farce. Guarantor Intends to guarantee at all times the performance and prompt payment when due, whether at maturity or earlier by reason of acceleration or otherwise, of all Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge or diminish the continuing IIabIIy of Guarantor In connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or Is thereafter incurred or oontroCled. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue In full farce until all Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all other obligations of Guarantor under this Guaranty shall have been performedIn hill. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In wrNrp. Guarantors written notice of revocation must be mailed to Lender, by c~ mall, at the address of Lender listed above or such other plane as Lender may designate In writing. Written revocation of this Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarardors written revOatbn. For this purpose and without Imitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unkiddated, undetermined or not due and which later becomes absolute, liquidated, determined or due. This Guaranty will continue to bind Guarantor for all Indebtedness Incurred by Borrower or committed by Lender prior to receipt of Guarantor's written notice of revocation, including any extensions, rrewals, substitutions or modification of the Indebtedness. AN renewals, extensions, substitutions, and modifications of the Indebtedness granted atlar Guarantors revocation, are contemplated under this Guaranty and, specifically will not be c onsidred to be new Indebtedness. This Guaranty shah bind the estate of Guarantor as to Indebtedness created both before and after the death or inapwity of Guarantor, regardless of Landds actual notice of Guarantor's death. Subject to the foregoing, Guarantors executor or administrator or other iegd representative may terminate this Guaranty in the some manner In which Guarantor might have terminated it and with the same affect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the tiebDty of Guarantor under this Guaranty. A revocation recalved by Lender from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It te anticipated that fluctuations may auxur In tie aggregate amount of Indebtedness covered by this Guaranty, and N Is specifically admowledged and agreed by Guarantor thal reductions M tie mount of InMSMaasu, even to zero dollars (iNAO), prior to written revocation of this Guaranty by Guarantor shall not constitute a twn*mU n of this Guaranty. This Quarmty Is binding upon Guarantor and Guarlfor's hoi s, rkaesors and aeNps se long as any of the guaranteed Indebtedness remains unpaid and even though the Indebtedness guaranteed may from time to mine be zero dollars (10.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authrbes Lender, sahr before or after any revocation hereof, without notice or demand and without besening Guarantor's MMllty under this Guaranty, from hens to tins: (a) prior to revocation as set forth above, to male one or more additional secured or unsecured bans to Borrower, to lease equipment or other goods to Borrower, or otherwise to sxmm additional credit to Borrower (b) to alter, compromise, renew, adencl, axNarala, or otherwise change one or mars arose the time err pymmt or offer terms of the Indebtedn.,s or any part of the Indebtedness, Including Increases and decreases of the rate of kdweal on the Indebtedness; extensions may be repeated and may be fr longer then Use ortgInal ban him; (a) to lee and hold securny for tie payment of Mla Guaranty or the Indebtedness, and exchange, enforce, waled, subordinate, fail or deride not to perfect, and nftm any such seeurlty, "tits or without the mbdMjdm of new collateral; (d) to relasee, substitute, agras not to are, or deal WM my one or more of Borrower's slaetiaa, atdorsere, or Whir Qurantom on any terns or In any manner Lender say choose; (a) to determhne slow, when and what aprptieM , or i o and credits AN be made on tie Ind.btednees; (f1 to apply such aaeumity and area the order or manner of sete tinreot, kmkdMg tbnn dteae mmay detlknftaUon, ermine; (9) to sell, transfer, assign, or Want participations mM w ag asecurity ny pal of the Indebtedness; edness; ne trust, (h) to assign or tranallr this Quranty in whole or In port. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (a) no representations or agreements of any kind have been made to Guarantor which would limit or quality In any way the terms of this Guaranty; (b) this Guaranty is executed at 01-18-2000 COMMERCIAL GUARANTY Page 2 Loan No 8875001232 (Continued) Borrower's request and not at the request of Lender. (c) Guarantor has lull power, right and authority to enter Into this Guaranty, (d) the provisions of this Guaranty do not conflict with or result In a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (a) Guarantor has not and will not, without the prior written consent of Lender, sell. lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets, or any Interest thersin; (f) talon Lender's request, Guarantor will provide to Lander financial and credit Information in form acceptable to Lender, and all such flnandd Information which currently has been, and all future financial Infmnation which will be provided to Lender Is and will be true and coined in all materW respects and faldy present the financial condition of Guarantor as of the dates the financial information is provided; (g) no material adverse charge has occurred In Guarantor's financial condition since the date of the most recent finandel statements provided to Larder and no event has occurred which may materially adversely affect Guarantor's financial condition; (h) no litigation, claim, investigation, administrative proceeding or similar action Qncluding thou for unpaid talon) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the credHwortMlaes of Borrower, and q) Guarantor has established adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to keep adequately Informed from such means of any facts, events, or circumstances which might In any way affect Guarantor's risks under this Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any Information or documents acquired by Lender in the course of Ib relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lander (a) to continue lending moray or to extend other credit to Borrower; (b) to make any presentment, protest, demand, or notice of any kind, Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral. or notice of any action or nonaction on the part of Borrower, Lander. any surely, endorser, or oiler guarantor in connection with the Indebtedness or in connection with the creation of new or additional bars or obligations; (c) to resort for payment or to proceed directly or at once against any parson, including Borrower or any other guarantor, (d) to proceed directly against or exhaust any octal" held by Lender from Borrower, any other guarantor, or any other person; (e) to give notice of the terms, time, and place of any public or private sate of personal properly security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (f) to pursue any other remedy within Lender's power, or (g) to commit any ad or omission of any kind, or at any time, with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses arising by reason of (a) any "one action" or "and-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Landers commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (b) any election of remedies by Lender which destroys or otherwise adversely affects Guarantors subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, incluchg without limitation, any loss of rights Guarantor may suffer by reason of any law limiting. gual" g, or discharging the Indebtedness; (c) any disabfi ty or other defense of Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other than payment In full In legal tender, of the Indebtedness; (d) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (e) any statute of limitations, if at any time any action or suit brought by Lender against Guarantor is commenced there Is outstanding Indebtedness of Borrower to Lander which Is not barred by any applicable statute of limitations; or (f) any defenses given to guarantors at law or In equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender Is forced to remit the amount of that payment to Borrowers trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower, the Guarantor, or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantors full knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and not contrary to public policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy, such waiver shall be effective only to the extent permitted by law or public policy. LENDER'S RIGHT OF SETOFF. In addition to all liens upon and rights of setoff against the moneys, securities or other property of Guarantor given to Lender by law, Lender shall have, with respect to Guarantors obligations to Lander under this Guaranty and to the extent permitted by law, a contractual security interest in and a right of setoff against, and Guarantor hereby assigns, conveys, delivers, pledges, and transfers to Lender all of Guarantors right, title and interest in and to, all deposits, moneys, securities and other property of Guarantor now or hereafter In the possession of or on deposit with Lender, whether held in a general or special account or deposit, whether held jointly with someone else, or whether hold for safekeeping or otherwise, excluding however all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to Guarantor. No security interest or right of setoff stall be deemed to have been waived by any act or conduct on the part of Lender or by any neglect to exercise such right of setoff or to enforce such security interest or by any delay in so doing. Every right of setoff and security interest shall continue in full force and effect until such right of setoff or security interest is specifically waived or released by an instrument in writing executed by Lender. SIBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness of Borrower to Lender, whether now existing or hereafter created, shall be prior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender may now or hereafter have against. Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness of Borrower to - Lender. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment In legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender hereby is authorized, in the name of Guarantor, from time to time to execute and file financing statements and continuation statements and to execute such other documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Arnendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is a lawsuit, Guarantor agrees upon Lenders request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. Lender and Guarantor hereby wai. &*"Vht to any jury trial in any action, proceeding, r I rclaim brought by either Lender or Guarantor against the other. This Guaranty st. %jiltiverned by and construed in accordance with it f the Commonwealth of Pennsylvania. 01-18-2000 COMMERCIAL GUARANTY Loan No 8875001232 (Continued) Page 3 Attorneys' Fees; Ekpenaes. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's attorneys' fees and legal expenses whether or not there Is a lawsuit, Including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-Judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in writing, may be sent by telefacsimile (unless otherwise required by law), and, except for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with a nationally recognized overnight courier, or when deposited in the United States mail, first class postage prepaid, addressed to the party to whom the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in writing. All revocation notices by Guarantor shall be in writing and shall be effective only upon delivery to Lender as provided above in the section titled "DURATION OF GUARANTY." If there is more than one Guarantor, notice to any Guarantor will constitute notice to all Guarantors. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty In the singular shall be deemed to have been used In the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words "Guarantor," Borrower," and "Lender" include the heirs, successors, assigns, and transferees of each of them. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. If a court of competent jurisdiction finds any provision of this Guaranty to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision Invalid or unenforceable as to any other persons or circumstances, and all provisions of this Guaranty in all other respects shall remain valid and enforceable. If any one or more of Borrower or Guarantor are corporations or partnerships, It is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, or agents acting or purporting to act on their behalf, and any Indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Waiver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shad not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent Instances where such consent Is required and in all cases such consent may be granted or withheld In the sole discretion of Lender. CROSS COLLATIERALIZATION. This Note will be cross-collateralized/oross-defaulted with all other loans to the Borrower from the Lender. If at any time there is a default under this Note, all loans will be considered In default and all outstanding amounts under the loans Will be Immediately due and payable in full. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (1600) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOTE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTORS EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JANUARY 13, 2000. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUAR /i R, r Nor : .:. ............. ....:...:. !... {' a.:w,:•;n;, Atmt d Unger i LASER PRO, Reg. U.S. Pat. & T.M. Off., Ver. 3.27(C)2000 CFI ProServkes, Inc. All rights reserved. IPA-E20 GRANT.LN C1.OVLI T r.lECr_. ;u:suER Ji DEED; ERLAN0 COUNTY 3 AUG 27 Rn 10 36 COLLATERAL MORTGAGE THIS COLLATERAL MORTGAGE INDENTURE, made this J0% day of 2003, by and between: ALAN G. UNGER, a/k/a ALAN GRANT UNGER an adult individual currently residing Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Mortgagor") AND WAYPOINT BANK, a Pennsylvania Banking Institution having a main office of operations located at 449 Eisenhower Boulevard, Harrisburg, Pennsylvania (hereinafter referred to as "Mortgagee"). WITNESSETH THAT: BACKGROUND: Mortgagor is indebted to Mortgagee under a certain guaranty (the "Guarantee") of the obligation of Grant Electrical Contracting, Inc. (the "Borrower") to Mortgagee pursuant to line of credit in the original maximum amount of $200,000.00 (the "Obligation") as secured by a security agreement dated January 18, 2000 and UCC-I's filed on February 9, 2000 covering all of Borrowers business assets (collectively, the "Loan Documents"). In connection with the Obligation of Borrower to Mortgagee and as additional collateral for the Obligation, Mortgagee desires to have a Mortgage on the properties described hereinafter. Accordingly, the Mortgagor has agreed to secure the payment of the Obligation with a Mortgage on the property described hereinafter. BK 1832PG 1463 EXH 9 C NOW, WITNESSETH, that for and in consideration of the above Background, herein incorporated by reference, and intending to be legally bound, the Mortgagor, to better secure payment of the indebtedness of Mortgagor to Mortgagee, its successors and assigns, does hereby grant and convey to the Mortgagee, its Successors and Assigns, All that certain parcel of land, with improvements located and situate in South Middleton Township, Cumberland County, Pennsylvania, as more particularly bounded and described in Exhibit "A" attached hereto and incorporated herein by reference. TOGETHER with all and singular the Buildings and Improvements, Streets, Lanes, Alleys, Passages, Ways, Waters, Water-Courses, Rights, Liberties, Privileges, Hereditaments and Appurtenances whatsoever thereunto belonging, or in anywise appurtaining and the Reversions and Remainders, Rents, Issues and Profits thereof. TO HAVE AND TO HOLD the said Hereditaments and Premises hereby granted, or mentioned and intended so to be, with the Appurfenances, unto the said Mortgagee, its Successors and Assigns, to and for the only proper use of the said Mortgagee, its Successors and Assigns forever. THE PAYMENT of the indebtedness owed by Mortgagor to Mortgagee shall be controlled by the terms and conditions set forth in the aforementioned Loan Documents and Guarantee and upon payment in full by the Mortgagor under the Loan Documents and Guarantee, then this Mortgage Indenture shall be void, and shall be satisfied of record by the Mortgagee. 2 BK 1832PG 1464 IN WITNESS WHEREOF, the Mortgagor, by setting his hand and seal hereto, has executed this Mortgage Indenture on the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Ungar a/k/a Allfi? ngar COMMONWEALTH OF PENNSYLVANIA COUNTY OF ?D)VI //IJ SS. On this, the ?Im day of h/!ngt/ , 2003, before me, a Notary Public, the undersigned officer, personally appeared an G. Ungar a/k/a Alan Grant Ungar, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. a t Notary Public NOWW Seal Dada 8. Deem, Notary PublIc Dt% CERTIFICATE OF RESIDENCE My???'% ee. 25. Member, pile nmacl?loo a Notatlee I HEREBY CERTIFY that the precise address of the Mortgagee is: uJajFd1*,L 13o.n1? ANe.. eorv.w.ore:al ?oGVw.en?-S o. a dX '-1. ?d-1'YI 1-IarriSb%)f5 Pc BK 1832PG 1465 Exk,6.k A TRACT NO. 1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixlei, III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property comer of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 . seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 BK 1832PG 1466 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 01 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of 85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; [hence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K. nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P.K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P.K. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Alan G. Unger, a/k/a Alan Grant Unger granted and conveyed unto Shelby Jane Bacz, Grantor herein, by deed dated February a' , 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book LSo , Page Z q6? . 2 Bit 1832PG 1467 TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, III, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T-542, at a common property comer of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger, thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property comer of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam carrway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. BEING the same premises which Alan G. Unger, aWa Alan Grant Unger, granted and conveyed to Shelby Jane Bacz, Grantor herein by deed dated February 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book nso Page Zg6d . TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. 3 Bf 1832PG 1468 BEING the same premises which Alan G. Unger, alk/a Alan Grant Unger, granted and conveyed to Shelby Jane Bacz, Grantor herein by deed dated February ,.3 , 2002 and recorded n the Office of the Recorder of Deeds for Cumberland County in Deed Book Page 7,768 . TRACT NO.4 ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of laud now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same premises which Alan G. Unger, a/Va. Alan Grant Unger, granted and conveyed to Shelby Jane Bacz, Grantor herein, by deed dated February ae° , 2002 and recorded in the Office 'of the Recorder of Deeds for Cumberland County in Deed Book z?- Page boa - pt ! 832PG 1469 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF Recorded on the _ day of A.D. 2002, in the Recorder's Office of said County, in Mortgage Book _ , Volume Page Given under my hand and seal of the said Office, the date above written. Recorder ibis to be recorded unlbcrland County PA ? DI Recorder of Deeds Sw SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE NO. 06-4144 ENTRY OF DEFAULT JUDGMENT Kindly enter default judgment in favor of the Plaintiff and against the Defendant, Alan G. Unger a/k/a Alan Grant Unger for failure to file an Answer to the Complaint within twenty (20) days after service thereof, and assess Plaintiff's damages as follows: Principal Balance $76,975.37 Accrued interest to and including 5/5/06 14,351.64 Late Charges 664.91 Reasonable Attorneys' Fees 3,000.00 TOTAL $94,991.92 plus interest from May 5, 2006 at the contract rate and costs of suit and for foreclosure and sale of the premises located at 236 Red Tank Road, Boiling Springs, Cumberland County Pennsylvania. Notice pursuant to Pa. R.C.P. 237.1 was mailed to the Defendant after the default and at least ten (10) days prior to the filing of this Praecipe, a copy of which is attached. BARLEY ER LLC By: ?-r-? eorge . Shoop, Esquire Attorneys for Plaintiff, Sovereign Bank ORDER AND NOW, TO WIT, this,/T'z[ay of , 2006 judgment is hereby _J t[ entered in favor of the Plaintiff and against the Defe f danj, Alan G. Unger a/k/a Alan Grant Unger by default, and Plaintiff's damages are assessed as above in the amount of $94,991.92 plus interest from May 5, 2006 at the contract rate and costs of suit and for foreclosure and sale of the premises located at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. A Prothonot _ // 1700157-1 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. ALAN G. UNGER &Wa ALAN GRANT UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4144 To: Alan G. Unger, aWa Alan Grant Unger Date of Notice: August 21, 2006 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 (10) 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 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 G J. Shoop, Esquire I.D. No. 25367 Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, PA 19603 (610) 376-6651 1692137-1 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Plaintiff Defendant PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS : ss. CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4144 Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the 10-day Default Notice upon Alan G. Unger, a/k/a Alan Grant Unger, 610 Alexander Spring Road, Carlisle, Pennsylvania 17013, by regular mail on August 21, 2006 at 5:00 p.m. Sworn to and subscribed before me this 1 tl1 day of h?LK- , 2006 C o y Public" BARLEY SNYDER LLC By: 0"O_Q? - Colleen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 oNWEALTh oF pNt4sYLVANIA Notarial seal ret C. pusztei, Notgry Public of Reading, getks Coun My CoMnlistion Expires Mar. 22,009 Member, Pennsylvania AssoalaNur of Notaries SOVEREIGN BANK, VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE Plaintiff :NO. 06-4144 Defendant AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared George J. Shoop, Esquire , who being duly sworn according to law, doth depose and say that Alan G. Unger a/k/a Alan Grant Unger, the Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown ; Present place of employments is unknown ; Present place of Residence is 610 Alexander Spring Road, Carlisle, Pennsylvania 17013 as of the date of this affidavit. ADDITIONAL FACTS, if any. Date: BARLEY SNYDER LLC By: eorge J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603 (610) 376-6651 Sworn and subscribed to before me this 11? day of 2006. ONWEAM OF PENNSY VA Notarial Seal Me rot C. Puutai, Notary Public CRy of Reading, Bents County My Commisslon Expires Mar. 22,2= Member, Penn4v sHA Asnociat!on of Notaries r /d N tary Public 1700172-1 43 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Alan G. Unger a/k/a Alan Grant Unger Defendant YOU ARE HEREBY NOTIFIED that Sovereign Bank has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on?)V-r-4- 11, o to No. 06-4144 with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $94,991.92, plus interest from May 5, 2006, costs of suit and for foreclosure and sale of the premises located at 236 Red Tank Road, Boiling Springs, Cumberland County, Penn is PR O fRY By: Deputy Clerk 1700178-1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04144 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS UNGER ALAN G AKA ALAN GRANT UN SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UNGER ALAN G AKA ALAN GRANT UNGER the DEFENDANT , at 1411:00 HOURS, on the 27th day of July 2006 at 610 ALEXANDER SPRING ROAD CARLISLE, PA 17013 ALAN UNGER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40,/ 4- 4- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/28/2006 BARLEY SNYDER By Deputy heriff of A. D. w SOVEREIGN BANK, VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, No. 06-4144 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- MORTGAGE FORECLOSURE NO. 06-4144 Defendant AMENDED NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Alan G. Unger a/k/a Alan Grant Unger PROPERTY: Parcel Number 40-13-0126-045 Parcel Number 40-13-0126-011 Parcel Number 40-13-0126-010A South Middleton Township COUNTY: Cumberland County, Pennsylvania The above-captioned unimproved property is scheduled to be sold at the Sheriffs Sale on March 7, 2007 at 10:00 a.m. at the Cumberland County Court House, Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, BARLEY DER LLC Ge e J. Shoop, squire 1764313-1 dh TRACT NO.1 No. 06-4144 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. 111, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1764313-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P.K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P K. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. BEING Parcel Number 40-13-0126-045. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13-0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, 1764313-1 No. 06-4144 Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1764313-1 "' f..J V -t'1 l 1 ? ?} C-;„ .? 5 ? ?l -? ` 7 _ ? }. i s 1:.. -r'y z? ?; 4 -±? y X47 r ? = ? ri _. , 1 __ L,? ? ?5 ?' s` {? .? ?? ra -4 No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 AMENDED NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the unimproved real estate of Alan G. Unger a/k/a Alan Grant Unger, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126-010A, South Middleton Township Cumberland County, Pennsylvania. Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17129-0948 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 1764313-1 No. 06-4144 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 You are hereby notified that on Wednesday, March 7, 2007, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Sovereign Bank vs. Alan G. Unger a/k/a Alan Grant Unger, No. 06-4144 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Court House, Courthouse Square, Carlisle, Cumberland County, Pennsylvania, unimproved real estate of Alan G. Unger a/k/a Alan Grant Unger, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126- 010A, South Middleton Township, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County of April 6, 2007, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: l `?• b Oho -,teorge J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1764313-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 1 I degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1764313-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P X. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. BEING Parcel Number 40-13-0126-045. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13-0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.4 ALL that certain tract of mountain land, situate in South Middleton Township, 1764313-1 No. 06-4144 Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1764313-1 N '? ? y ..n^ ', s"" ? ? ?'.? ?? a,?D ?"'.... No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant : NO. 06-4144 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Your unimproved parcels of real estate being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126-010A, South Middleton Township, Cumberland County, Pennsylvania are scheduled to be sold at Sheriff s Sale on March 7, 2007 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $94,991.92 obtained by Sovereign Bank, against you. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: The sale will be canceled if you pay to Sovereign Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Bruce S. Spadaccia at (610) 250-2165. 1764313-1 No. 06-4144 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240- 6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A 1764313-1 No. 06-4144 schedule of distribution of the money bid for your house will be filed by the Sheriff on or about April 6, 2007. This schedule will state who will be receiving the 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 April 6, 2007. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 1764313-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1764313-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. BEING Parcel Number 40-13-0126-045. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13-0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, 1764313-1 No. 06-4144 Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1764313-1 ? ?? •t-, N t r? y,- ? :?t1 "j. No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :'NO. 06-4144 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the unimproved real property, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40- 13-0126-010A, South Middleton Township, Cumberland County, Pennsylvania. Name and address of owner(s) or reputed owner(s): Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17128-0948 1764313-1 No. 06-4144 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 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: Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1764313-1 No. 06-4144 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: I ) I c,,(oFj eo . Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1764313-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. 111, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an are length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1764313-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P .K. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an are length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. BEING Parcel Number 40-13-0126-045. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13-0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, 1764313-1 No. 06-4144 Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1764313-1 rill [v No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal $ 76,975.37 Interest through 5/5/06 $ 14,351.64 Late Charges $ 664.91 Attorneys' Fees $ 3,000.00 TOTAL: $ 94,991.92 Plus continuing interest after May 5, 2006 at a rate of $18.71 per diem, plus continuing late charges and costs. By: Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 BARLEY S ER LLC e J. Shoop, Esquire 'Z eoAttorneys for Plaintiff 1745137-1 n b en -?0 ONZ/ 44A ?a. C 404, 0 c "'69? .a .c c . ., w c Q Q E _ M R F No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 % No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, III, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger aWa Alan Grant Unger on Judgment No. 06-4144. 1745137-1 No. 06-4144 SOVEREIGN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4144 AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 BERKS COUNTY, SS: Before me, the undersigned authority, personally appeared George J. Shoop, Esquire, who being duly sworn according to law, doth depose and say that Alan G. Unger a/k/a Alan Grant Unger, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of residence is 610 Alexander Spring Road, Carlisle, Pennsylvania 17013 as of the date of this affidavit. ADDITIONAL FACTS, if any. Affidavit based upon representations of Plaintiff. Date: l/?11,?0(0 BARLEY ER LLC By: eorg hoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Sworn and subscribed to before me this 1('? day of 2006. QMhdQ*SAQl Of P SYL Notedal Seal Men rtitC ryPu?byNc ra i Olt My co?lnrtllfu W e* t s Met 2Z 3000 Member. Pennsylvania Asso datlon of Notaries ,j l Not P lic 1745137-1 ?? ? ,? ? ? ?_?: :a ?:? c_ ? r f , `, _..; ?? =? cr No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. Name and address of owner(s) or reputed owner(s): Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17128-0948 1745137-1 No. 06-4144 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 5. Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 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: Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1745137-1 No. 06-4144 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?P ---'GeorJcT Shoop, Esquire V Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1745137-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P X. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P K. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, 111, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1745137-1 73 ` , c+? No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Your house (real estate) at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on March 7, 2007 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $94,991.92 obtained by Sovereign Bank, against you. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: The sale will be canceled if you pay to Sovereign Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Bruce S. Spadaccia at (610) 250-2165. 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. 1745137-1 No. 06-4144 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240- 6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about April 6, 2007. This schedule will state who will be receiving the 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 April 6, 2007. 1745137-1 J No. 06-4144 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 1745137-1 No. 06-4144 TRACT NO. I ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. 111, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P X. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, 111, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1745137-1 ` - r7 - e Val -\ No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant : NO. 06-4144 NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the real estate of Alan G. Unger a/k/a Alan Grant Unger, 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17129-0948 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 1745137-1 No. 06-4144 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 You are hereby notified that on Wednesday, March 7, 2007, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Sovereign Bank vs. Alan G. Unger a/k/a Alan Grant Unger, No. 06-4144 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Court House, Courthouse Square, Carlisle, Cumberland County, Pennsylvania, real estate of Alan G. Unger a/k/a Alan Grant Unger, known and numbered as 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County of April 6, 2007, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Date: r` (0 1 O George J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1745137-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an are length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an are length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, III, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger aWa Alan Grant Unger on Judgment No. 06-4144. 1745137-1 No. 06-4144 y SOVEREIGN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4144 NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Alan G. Unger Wa Alan Grant Unger PROPERTY: 236 Red Tank Road Boiling Springs COUNTY: Cumberland County, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007 at 10:00 a.m. at the Cumberland County Court House, Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, 1745137-1 BARLEY DER LLC Geor . Shoop, Esquire No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P K. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, III, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1745137-1 {--•, r?a ? -. _? L,Y? -r _, ...,,?, ?`.--j '-?-? t i ._ ? S? /?.e ) _ i} ) -'ii'i ?? r ?.J? .a? _? `.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4144 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From ALAN G. UNGER A/K/A ALAN GRANT UNGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $76,975.37 Interest THROUGH 5/5/06 - $14,351.64 Atty's Comm % Atty Paid $114.40 ATTORNEYS' FEES - $3000. Plaintiff Paid Date: NOVEMBER 17, 2006 L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES - $664.91 -- Curti R. Long, Po otary (Seal) By: REQUESTING PARTY: Name GEORGE J. SHOOP, ESQUIRE Address: 501 WASHINGTON STREET P.O.BOX 942 READING, PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 25367 Deputy SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- : MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 MOTION OF SOVEREIGN BANK FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT PA. R.C.P. 440 (a)(2)(ii) AND NOW, comes the Plaintiff, Sovereign Bank, by and through its attorneys, Barley Snyder LLC, Esquires and moves your Honorable Court, pursuant to Pa. R.C.P. 440(a)(2)(ii), for a special order directing service of the Notice of Sheriff's Sale upon the Defendant, Alan G. Unger a/k/a Alan Grant Unger by posting of the property known as Parcel Number 40-13-0126- 045, Parcel Number 40-13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton Township, Pennsylvania, pursuant to Rule 440(a)(2)(ii), as follows: 1. On July 21, 2006, the Plaintiff filed its Complaint in mortgage foreclosure against the Defendant. 2. The Sheriff of Cumberland County, Pennsylvania served the Complaint upon the Defendant, Alan G. Unger &Wa Alan Grant Unger, at 610 Alexander Spring Road, Carlisle, Pennsylvania on July 27, 2006. 1809085-t 3. The Plaintiff filed its default judgment on September 11, 2006 and its Writ of Execution on November 17, 2006 scheduling the Sheriff's Sale on property known as Parcel Number 40-13-0126-045, Parcel Number 40-13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton Township, Pennsylvania ("Property") for March 7, 2007. 4. The Sheriffs Office informed Plaintiff's counsel that a diligent search and inquiry for the Defendant had been made to attempt service of the Notice of Sheriff s Sale. 5. The Sheriff's Office also informed Plaintiffs counsel that the service address appears to be vacant and the Post Office indicates mail is still being delivered to the Defendant at this address, but it is only picked up every few weeks. A true and correct copy of the sheriffs return is attached hereto, made a part hereof as Exhibit "A". 6. Plaintiff hired Schaad Detective Agency to confirm Defendant's residence. 7. Scha.ad Detective Agency provided Plaintiff with an email indicating Defendant's address as of December, 2006 was still 610 Alexander Spring Road, Carlisle, Pennsylvania. 8. The Plaintiff will suffer irreparable harm and injury if the Plaintiff is not allowed to effect alternate service of the Notice of Sheriff s Sale under Pa. R.C.P. 440(a)(2)(ii) by posting the property scheduled for sheriff s sale on March 7, 2007 known as Parcel Number 40-13-0126- 045, Parcel Number 40-13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton, Pennsylvania and by posting the Notice of Sheriff s Sale upon Defendant's last known address of 610 Alexander Spring Road, Carlisle, Pennsylvania. 9. The Plaintiff believes and therefore avers that the Defendant, Alan G. Unger a/k/a Alan Grant Unger is concealing his whereabouts to avoid service of the Notice of Sheriff s Sale. 1809085-1 2 WHEREFORE, the Plaintiff, Sovereign Bank, prays your Honorable Court to enter an Order authorizing service of the Notice of Sheriff's Sale by posting of the property scheduled for sheriff's sale on March 7, 2007 known as Parcel Number 40-13-0126-045, Parcel Number 40- 13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton Township, Pennsylvania and by posting Defendant's last known address of 610 Alexander Spring Road, Carlisle, Pennsylvania, in accordance with Pa. R.C.P. 440(a)(2)(ii). BARLE7- BY: J. `Shoop, Esquire Gq§xge' LLC 501 Washington Street P.O. Box 942 Carlisle, PA 19603-0942 (610) 376-6651 Attorneys for Plaintiff, Sovereign Bank 1809085-1 Sovereign Bank VS Alan G. Unger a/k/a Alan Grant Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4144 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Alan G. Unger, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Alan G. Unger. The building located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania is vacant. The post office states mail is still delivered to the defendant at the within address, but it is only picked up every few weeks. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007.between the hours of 1425 and 1450, she posted a true copies of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G. Unger a/k/a Alan Grant Unger located at Parcel #40,13-0126-045, #40-13-0126-011 and #40-13- 0126-OIOA in South Middleton Township, Cumberland County, Pennsylvania according to law. So Answers: R. Thomas Kline, Sheriff B L Real Estate D puty mc... _ j = : rr+ } Zit No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant : NO. 06-4144 SECOND AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the unimproved real property, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40- 13-0126-010A, South Middleton Township, Cumberland County, Pennsylvania. Name and address of owner(s) or reputed owner(s): Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank, successor to Way Point Bank, York Federal Savings and Loan Association and Harris Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 1764313-1 No. 06-4144 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17128-0948 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 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: Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 1764313-1 No. 06-4144 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1764313-1 No. 06-4144 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Ge e J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1764313-1 .. 11 c n .,_ , a' No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 SECOND AMENDED NOTICE PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN to the following parties who hold one or more mortgage, judgment or tax liens against the unimproved real estate of Alan G. Unger a/k/a Alan Grant Unger, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126-010A, South Middleton Township Cumberland County, Pennsylvania. Sovereign Bank, successor to Way Point Bank, York Federal Savings and Loan Association, and Harris Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17129-0948 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 1764313-1 No. 06-4144 Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 You are hereby notified that on Wednesday, March 7, 2007, at 10:00 a.m., prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Sovereign Bank vs. Alan G. Unger a/k/a Alan Grant Unger, No. 06-4144 the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Court House, Courthouse Square, Carlisle, Cumberland County, Pennsylvania, unimproved real estate of Alan G. Unger a/k/a Alan Grant Unger, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126- 010A, South Middleton Township, Cumberland County, Pennsylvania. A description of said real estate is hereto attached. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County of April 6, 2007, and distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. 1764313-1 No. 06-4144 You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your ' erest, if any, by being notified of said Sheriff Sale.. / Date: P- eo J. hoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1764313-1 No. 06-4144 TRACT NO. I ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an arc length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1764313-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P X. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. BEING Parcel Number 40-13-0126-045. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13-0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.4 ALL that certain tract of mountain land, situate in South Middleton Township, 1764313-1 No. 06-4144 Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1764313-1 r? ? rte-, C_ C ?4 r z v Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE NO. 06-4144 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT SOVEREIGN BANK, VS. ALAN G. UNGER a/k/a ALAN GRANT UNGER, COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS SS. GEORGE J. SHOOP, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney of record for the Plaintiff, Sovereign Bank and that the following is an itemization of the efforts taken by the Plaintiff to locate the Defendant, Alan G. Unger a/ Ja Alan Grant Unger to effect service under the provisions of the Pennsylvania Rules of Civil Procedure, without success: 1. The address of the Defendant, Alan G. Unger a/k/a Alan Grant Unger, as referenced in the January 18, 2000 loan documentation with Plaintiff, was 610 Alexander Spring Road, Carlisle, Pennsylvania. 1809085-1 2. The Plaintiff filed Sheriff Instructions on July 20, 2001, directing the Sheriff to serve the Defendant, Alan G. Unger a/k/a Alan Grant Unger, at 610 Alexander Spring Road, Carlisle, Pennsylvania. The Sheriff's Office filed a Return of Service indicating that service of the Complaint had been made upon the Defendant at 610 Alexander Spring Road, Carlisle, Pennsylvania. 4. Plaintiff's counsel filed its default judgment on September 11, 2006 and its Writ of Execution on November 17, 2006 scheduling a Sheriff's Sale for March 7, 2007. 5. The Sheriff's Office attempted service of the Notice of Sheriff's Sale at the 610 Alexander Spring Road, Carlisle, Pennsylvania address, but the Sheriff's Return indicates that they were unable to serve the Defendant. 6. The Sheriff's Return also indicates that it appears that the service address is vacant and the Post Office indicates mail is still delivered to the Defendant at the Property, but it is only picked up every few weeks. 7. Plaintiff hired Schaad Detective Agency to confirm Defendant's residence. 8. Schaad Detective Agency provided Plaintiff with an email indicating Defendant's address as of December, 2006 was still 610 Alexander Spring Road, Carlisle, Pennsylvania. 9. The Plaintiff has exhausted all reasonable efforts to serve the Defendant, Alan G. Unger a/k/a Alan Grant Unger. Sworn to and subscribed before me this-O-#'day of 2007. Notary is George J. Shoop, Esquire COMMONWEALTH OF PENNSYLVANIA NoWW Seel MOO" C. Pt SZK Notary Pubis Cty0fPMdV,BeftCO- * My CWM*WM Etkee Maroh 22, 2009 Member, Pennsylvonle A"WAIbn of NOfto 1809085-1 2 LS ?S ?R _ y ?J( FEB O 1 2007 SOVEREIGN BANK, vs. ALAN G. UNGER a/k/a ALAN GRANT UNGER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE NO. 06-4144 ORDER AND NOW, to wit, this day of a??=?_upon consideration of the Motion of Sovereign Bank for a Special Order of Court authorizing service of the Notice of Sheriff's Sale upon the Defendant, Alan G. Unger a/k/a Alan Grant Unger by posting of property scheduled for sheriff's sale on March 7, 2007 known as Parcel Number 40-13-0126-045, Parcel Number 40-13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton Township, Pennsylvania and by posting the Notice of Sheriff's Sale at Defendant's last known address of 610 Alexander Spring Road, Carlisle, Pennsylvania in accordance with Pa. R.C.P. 440 and the Court having made a determination that sufficient evidence of concealment has been presented, and that the Plaintiff has made a good faith effort to locate the Defendant, Alan G. Unger a/k/a Alan Grant Unger to the degree necessary to justify service by posting in accordance with said Rule, it is 1809085-1 ORDERED that service of the Notice of Sheriff's Sale in the within matter by posting of the property scheduled for sheriff's sale on March 7, 2007 known as Parcel Number 40-13-0126- 045, Parcel Number 40-13-0126-011 and Parcel Number 40-13-0126-010A, South Middleton Township, Pennsylvania, and by posting the Notice of Sheriff's Sale at Defendant's last known address of 610 Alexander Spring Road, Carlisle, Pennsylvania is hereby authorized, in accordance with Pa. R.C.P. 440(a)(2)(ii). 1809085-1 2 _ll __ !? 1 ;.,,_ i .. 1, ". h i?, _?' i €(?i. ? r' ..;? ;'. ?: - , ? .,f AMENDED RETURN Sovereign Bank VS Alan G. Unger a/k/a Alan Grant Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4144 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made diligent search and inquiry for the within named defendant, to wit: Alan G. Unger, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Alan G. Unger. The building located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania is vacant. The post office states mail is still delivered to the defendant at the within address, but it is only picked up every few weeks. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on February 03, 2007 at 1452 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Alan G. Unger, by posting a true and correct copy of the within action at the defendant's last known address of 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania pursuant to order of court, according to law. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 between the hours of 1425 and 1450, she posted a true copies of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G. Unger a/k/a Alan Grant Unger located at Parcel #40,13-0126-045, #40-13-0126-011 and #40-13- 0126-010A in South Middleton Township, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per the request of Attorney George Shoop. Sheriff's Costs: Docketing 30.00 Poundage 1986.18 Posting Bills 45.00 Advertising 45.00 Law Library .50 Prothonotary 1.00 Mileage 6.16 Certified Mail 2.10 Levy 45.00 Surcharge 40.00 Postpone sale 20.00 Law Journal 1541.00 Patriot News 1004.00 Share of bills 16.83 ' 4??b1o7 ? 4 782 77 ., , . ? So Answers: .?? R somas Kline, Sheri 4BY rgeant Real Estate p Clk- 573 9- 19 if No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant :NO. 06-4144 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the unimproved real property, being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40- 13-0126-010A, South Middleton Township, Cumberland County, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17128-0948 1764313-1 No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant : NO. 06-4144 AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 236 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania. 1. Name and address of owner(s) or reputed owner(s): Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Mt. Valley Farms and Lumber Products, Inc. 1240 Nawaka Road Biglerville, PA 17307 Pennsylvania Department of Revenue Bureau of Compliance Dept. 280948 Harrisburg, PA 17128-0948 1745137-1 No. 06-4144 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Internal Revenue Service Department of Treasury Federated Investors Tower, Suite 1300 1001 Liberty Avenue, 13th Floor Pittsburgh, PA 15222 4. Name and address of the last recorded holder of every mortgage of record: Sovereign Bank, successor to Way Point Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Name and address of every other person who has any record lien on the property: None known to Plaintiff at this time. 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: Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 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: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013-3387 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1764313-1 No. 06-4144 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 17 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: ?, lp "Geo . Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 1745137-1 No. 06-4144 TRACT NO.1 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as prepared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property corner of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 minutes 42 seconds West 603.76 feet to an existing iron pin; thence continuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 minutes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 minutes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 minutes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 minutes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 degrees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 minutes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds West 28.65 feet; 10) South 16 degrees 39 minutes 22 seconds West 36.71 feet; 11) South 22 degrees 48 minutes 57 seconds West 22.94 feet; 12) South 34 degrees 44 minutes 33 seconds West 18.24 feet; 13) South 29 degrees 10 minutes 47 seconds West 18.93 feet; 14) South 69 degrees 35 minutes 53 seconds West 19.19 feet; 15) South 49 degrees 28 minutes 46 seconds West 9.83 feet; 16) South 06 degrees 06 minutes 39 seconds West 15.60 feet; 17) South 29 degrees 53 minutes 15 seconds East 19.99 feet; 18) South 33 degrees 32 minutes 40 seconds East 25.54 feet; 19) South 20 degrees 12 minutes 09 seconds East 23.07 feet to a point in the thread of Old Town Run; thence continuing along land of Dale F. Shughart; South 73 degrees 08 minutes 40 seconds East 217.67 feet to a point in centerline of Mountain Road T-548; thence continuing along the centerline of Mountain Road, for the following 7 courses: 1) South 0 1 degrees 44 minutes 57 seconds East 191.80 feet to a point; 2) on a curve to the right having a radius of 638.34 feet, an arc length of 288.37 feet, a chord bearing of South 10 degrees 39 minutes 41 seconds West and a chord of 285.92 feet to a point; 3) on a curve to the left having a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a curve to the right having a radius of 887.20 feet, an are length of 85.37 feet, a chord bearing of South 23 degrees 53 minutes 31 seconds West and a chord of85.34 feet to a point; 5) South 30 degrees 59 minutes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an arc length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point; 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along 1745137-1 No. 06-4144 other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Partnership, North 69 degrees 08 minutes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set; thence along lands of Richard A. Myers, North 49 degrees 22 minutes 47 seconds East 521.40 feet to an existing stone pile; thence North 09 degrees 42 minutes 35 seconds West 242.16 feet to a P.K.: nail set in Red Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, North 81 degrees 22 minutes 59 seconds East 258.02 feet to a P K. nail set; thence continuing in and through the same, South 70 degrees 21 minutes 42 seconds East 277.40 feet to a P X. nail set; thence continuing in and through the same on a curve to the left having a radius of 178.20 feet and an arc length of 158.89 feet, a chord bearing of North 87 degrees 17 minutes 17 seconds East and a chord of 153.68 feet to the point of BEGINNING. CONTAINING 63.042 acres and designated as Lot No. 5 on Plan. Subject to all applicable notes and conditions of municipal government approval relative to the Final Minor Subdivision Plan for Old Town Run Mountain Lodge, Lot No. 5. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.2 ALL that certain tract of land situate in South Middleton Township, Cumberland County Pennsylvania, bounded and described according to "Acquisition Parcel", as prepared by John K. Bixler, III, P.L.S., dated April 7, 1999 and attached to prior deed, as follows: BEGINNING at a parker kalon nail located within the macadam cartway of Red Tank Road, T- 542, at a common property corner of the land described herein as the Acquisition Parcel and land of Alan G. Unger, Lot No. 5, which is further depicted on a survey document titled Land Acquisition Exhibit for Alan G. Unger; thence along lands now or formerly of Alan G. Unger, South 09 degrees 42 minutes 35 seconds East, a distance of 242.16 feet to a stone pile, thence continuing along land of Alan G. Unger Lot No. 5, South 49 degrees 22 minutes 47 seconds West, a distance of 189.95 feet to a point on the property line of Alan G. Unger, Lot No. 5 at the common property corner of land described herein as Acquisition Parcel and other land of Alan G. Unger, thence along said land of Alan G. Unger, South 74 degrees 28 minutes 31 seconds West, a distance of 3.62 feet to an iron pin located on the property line of Alan G. Unger at the common property corner of land described herein as the Acquisition Parcel and land of Richard A. Myers thence along land of Richard A. Myers, North 48 degrees 33 minutes 11 seconds East, a distance of 82.00 feet to a point; continuing along the same, North 3 degrees 17 minutes 38 seconds West, a distance of 303.10 feet to a point located in the macadam cartway of Red Tank Road, T-542; thence in and through said macadam cartway, North 84 degrees 11 minutes 24 seconds East a distance of 63.02 feet to a point, the place of BEGINNING. CONTAINING 0.4954 acres. 1745137-1 No. 06-4144 BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO.3 ALL that certain tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point at line of land now or formerly of Anna Cecile Simmons; thence by the same and land now or formerly of Lulu C. Bittinger, North 80 degrees East 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING CONTAINING 11.6 acres. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NOA ALL that certain tract of mountain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described pursuant to a survey by Rodney Lee Decker, Registered Surveyor, dated May 23, 1979, as follows: BEGINNING at a stone pile, a comer of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr. and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same, South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or formerly of Old Town Run Mountain Lodge, South 67 degrees 10 minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on Judgment No. 06-4144. 1745137-1 No. 06-4144 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER a/k/a ALAN GRANT UNGER, Defendant : NO. 06-4144 AMENDED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan G. Unger a/k/a Alan Grant Unger 610 Alexander Spring Road Carlisle, PA 17013 Your unimproved parcels of real estate being Parcel Number 40-13-0126-045; Parcel Number 40-13-0126-011; and Parcel Number 40-13-0126-010A, South Middleton Township, Cumberland County, Pennsylvania are scheduled to be sold at Sheriff s Sale on March 7, 2007 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $94,991.92 obtained by Sovereign Bank, against you. YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Sovereign Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Bruce S. Spadaccia at (610) 250-2165. 1764313-1 No. 06-4144 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 be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (717) 240- 6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A 1764313-1 No. 06-4144 schedule of distribution of the money bid for your house will be filed by the Sheriff on or about April 6, 2007. This schedule will state who will be receiving the 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 April 6, 2007. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 1764313-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4144 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From ALAN G. UNGER A/K/A ALAN GRANT UNGER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $76,975.37 Interest THROUGH 5/5/06 - $14,351.64 Atty's Comm % Atty Paid $114.40 ATTORNEYS' FEES - $3000. Plaintiff Paid Date: NOVEMBER 17, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES - $664.91 -- L Curtig?R. Long, Prothonot ry By: Deputy REQUESTING PARTY: Name GEORGE J. SHOOP, ESQUIRE Address: 501 WASHINGTON STREET P.O.BOX 942 READING, PA 19603-0942 Attorney for: PLAINTIFF Telephone: 610-376-6651 Supreme Court ID No. 25367 Real Estate Sale # 76 On December 18, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as Parcel #40-13-0126-045, #40-13-0126-011 and #40-13-0126-010A, South Middleton Township, more fully C*U described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 18, 2006 3l) C1 'vr By. Real Estat ergeant THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ......... ffJ 1...... j.H .. COPY Sworn to d b cribed before me this 26 p?fIVSYLVAMA SALE#76 na Terry L. Russell, Notary pubVIc City Of Harrisburg, Dauphin County Comm s n Expires June 6, 2010 Me er PP n alvan ' qc.?^?ieti^? of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa e Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of Februa 200 -1 *-A _'? '4?. _-W ?Z_ 0Eha _ ?..s,, ,?..... -,.--Notary. 3 ;?? $ REAL ESTATE SALE NO. 76 Writ No. 2006-4144 Civil Sovereign Bank VS. Alan G. Unger a/k/a Alan Grant Unger Atty.: George Shoop TRACT NO. 1 ALL that certain tract of land situ- ate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to "Final Subdivision Plan for Old Town Run Mountain Lodge", as pre- pared by John K. Bixler. III, PLS, dated October 15, 1996, revised October 30, 1996, and recorded in Cumberland County Plan Book 74, Page 32, as follows: BEGINNING at an existing P.K. nail in Red Tank Road, T-542, at the common property comer of land of Dale F. Shughart and Lot No. 5; thence along lands of Dale F. Shughart, South 12 degrees 10 min- utes 42 seconds West 603.76 feet to an existing iron pin; thence con- tinuing along lands of Dale F. Shughart, the following 8 courses and distances: 1) South 40 degrees 41 minutes 13 seconds West 303.02 feet to an existing iron pin; 2) South 17 degrees 33 minutes 00 seconds West 184.49 feet to a 10 inch oak tree; 3) North 79 degrees 06 min- utes 08 seconds West 55.33 feet to an existing iron pin; 4) South 12 degrees 27 minutes 52 seconds West 18.41 feet to an existing iron pin; 5) South 41 degrees 37 min- utes 17 seconds East 120.06 feet to an existing iron pin; 6) South 51 degrees 41 minutes 05 seconds East 106.13 feet to an existing iron pin; 7) South 40 degrees 21 min- utes 21 seconds East 19.66 feet to an existing iron pin; 8) South 82 degrees 20 minutes 18 seconds East 541.25 feet to an existing iron pin located at the common property corner of lands of Dale F. Shughart, Dale F. Shughart, Jr. and Lot No. 5; thence along land of Dale F. Shughart, Jr., South 07 degrees 44 minutes 26 seconds West 123.60 feet to an existing iron pin; thence along land of Dale F. Shughart and through points located in the thread of Old Town Run, the following 19 courses; 1) South 06 degrees 19 minutes 00 seconds West 17.13 feet; 2) South 10 degrees 38 min- utes 06 seconds East 29.88 feet; 3) South 08 degrees 57 minutes 01 second East 28.00 feet; 4) South 10 degrees 28 minutes 36 seconds West 91.64 feet; 5) South 17 de- grees 15 minutes 00 seconds West 23.18 feet; 6) South 45 degrees 31 minutes 14 seconds West 25.42 feet; 7) South 45 degrees 29 min- utes 04 seconds West 20.57 feet; 8) South 11 degrees 05 minutes 22 seconds West 28.09 feet; 9) South 03 degrees 39 minutes 29 seconds thence in and through the macadam West 28.65 feet; 10) South 16 de- cartway of Red Tank Road, T-542, grees 39 minutes 22 seconds West North 81 degrees 22 minutes 59 36.71 feet; 11) South 22 degrees seconds East 258.02 feet to a P.K. 48 minutes 57 seconds West 22.94 nail set; thence continuing in and feet; 12) South 34 degrees 44 min- through the same, South 70 degrees utes 33 seconds West 18.24 feet; 21 minutes 42 seconds East 277.40 13) South 29 degrees 10 minutes feet to a P.K. nail set, thence con- 47 seconds West 18.93 feet; 14) tinuing in and through the same on South 69 degrees 35 minutes 53 a curve to the left having a radius seconds West 19.19 feet: 15) South of 178.20 feet and an arc length of 49 degrees 28 minutes 46 seconds 158.89 feet, a chord bearing of West 9.83 feet; 16) South 06 de- North 87 degrees 17 minutes 17 grees 06 minutes 39 seconds west seconds East and a chord of 153.68 15.60 feet; 17) South 29 degrees ! feet to the point of BEGINNING. 53 minutes 15 seconds East 19.99 CONTAINING 63.042 acres and feet; 18) South 33 degrees 32 min- designated as Lot No. 5 on Plan. utes 40 seconds East 25.54 feet; BEING Parcel Number 40-13- 19) South 20 degrees 12 minutes 0126-045. 09 seconds East 23.07 feet to a point in the thread of Old Town Run; Subject to all applicable notes thence continuing along land of Dale and conditions of municipal govern- F. Shughart; South 73 degrees 08 ment approval relative to the Final minutes 40 seconds East 217.67 Minor Subdivision Plan for Old feet to a point in centerline of Moun- Town Run Mountain Lodge, Lot No. tain Road T-548; thence continuing 5. along the centerline of Mountain BEING a part of the same tract Road, for the following 7 courses: of land which Shelly Jane Baez by 1) South 01 degrees 44 minutes 57 Deed dated March 31, 2002 and seconds East 191.80 feet to a point; recorded in the Office of the Re- 2) on a curve to the right having a corder of Deeds for Cumberland radius of 638.34 feet, an arc length County in Deed Book 256, Page of 288.37 feet, a chord bearing of 2900, granted and conveyed unto South 10 degrees 39 minutes 41 Alan G. Unger. seconds West and a chord of TRACT NO. 3 285.92 feet to a point; 3) on a curve ALL that certain tract of land situ- to the left having a radius of ate in South Middleton Township, 4793.23 feet, an are length of Cumberland County, Pennsylvania, 206.43 feet, a chord bearing of more particularly bounded and de- South 22 degrees 22 minutes 09 scribed as follows to wit: seconds West and a chord of BEGINNING at a point at line of 206.41 feet to a point; 4) on a curve land now or formerly of Anna Cecile to the right having a radius of Simmons; thence by the same and 887.20 feet, an arc length of 85.37 land now or formerly of Lulu C. feet, a chord bearing of South 23 Bittinger, North 80 degrees East degrees 53 minutes 31 seconds 975 feet to a point; thence by land now or formerly of Daniel V. Ahl, et West and a chord of 85.34 feet to a point; 5) South 30 degrees 59 min- utes 20 seconds West 105.19 feet; 6) on a curve to the left having a radius of 35.00 feet, an are length of 17.61 feet, a chord bearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a point, 7) South 02 degrees 09 minutes 56 seconds West 52.62 feet to a point; thence along other lands of Old Town Run Mountain Lodge, North 54 degrees 01 minute 26 seconds West 2383.91 feet to an iron pin set; thence along lands of H & K Guy Family Limited Part- nership, North 69 degrees 08 min- utes 05 seconds East 762.00 feet to an existing stone pile; thence along lands of Harold E. Otto, North 00 degrees 30 minutes 01 second East 581.43 feet to an iron pin set: thence along lands of Richard A. Myers, North 49 degrees 22 min- utes 47 seconds East 521.40 feel to an existing stone pile; thence North 09 degrees 42 minutes 3° ....---A? Wnn+ 9.A9. 16 feet to a P.K. al, South 53 degrees West 439 feet to a point; thence by the same, South 4 degrees West 594 feet to a point; thence North 74 degrees 30 minutes West 633.6 feet to a point; thence North 10 degrees West 592 feet to the Place of BEGINNING. CONTAINING 11.6 acres. BEING Parcel Number 40-13- 0126-011. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Re- corder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. TRACT NO. 4 ALL that certain tract of moun- tain land, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed pursuant to a survey by Rodney Lee Decker. Registered Sur- veyor, dated May 23, 1979, as fol- lows: BEGINNING at a stone pile, a corner of land now or formerly of Old Town Run Mountain Lodge and land now or formerly of No V. Otto, Jr, and S. Katherine Guy; thence by land now or formerly of No V. Otto, Jr, and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point: thence by the same, South 87 de- grees 56 minutes 40 seconds East 603.26 feet to a point: thence by land now or formerly of Rhea H. Otto, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point; thence by land now or for- merly of Old Town Run Mountain Lodge, South 67 degrees 10 min- utes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres, more or less. BEING Parcel Number 40-13- 0126-010A. BEING a part of the same tract of land which Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Re- corder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger a/k/a Alan Grant Unger on judgment No. 06-4144. REAL ESTATES Civil E #7 Term 2006-4 it No W retncrtnte of ,Vlonnt:: n Roau. tr,t me;ottvwing 44 5' S h Oi d i . r Sovereign Bank courses: 1) egrees nutes out m seconds East 191.80 feet to a point: 2r on V8 Alan G. Unger curve to the right having a radius of 638.34 feet. an arc length of 288.37.feet, a chord bearing of a Alan Grant Unger e Shoop Geor South 10 degrees 39 minutes 41 seconds West Alt g tty: and a chord of 285.92 feet to a point: 3) on a DESCRIPTION curve to the lefthaving a radius of 4793.23 feet, an arc length of 206.43 feet, a chord bearing of TRACT NO. L ALL that certain tract of land South 22 degrees 22 minutes 09 seconds West and a chord of 206.41 feet to a point; 4) on a p oint: 4) a situate in South Middleton Township. Pennsylvania, bounded and land County b radius of 887.20 feet. carve t the right having l h 37 v f h d b i f f 85 , er Cum Subdivision Plan "Final described according or ng o an arc engt o eet. a c ear . South 23 degrees 53 minutes 31 seconds West n Mountain for Old Town Run as 111. PLS, dated K Bixler h J b and a chord of 85.34 feet to a point; 5) South 30 , o n y prepared October 15,1996, revised October 30, 19%, and degrees 59 minutes 20 seconds West 105.19 feet; 6) on a carve to the left having a radius of recorded in Cumberland County Plan Book 74, 5.00 feet, an arc length of 17.61 feet, a chord 1 32, as Page ollow: BEGINN'INNING at2. existing P.K. nail in Red nearing of South 16 degrees 34 minutes 38 seconds West and a chord of 17.42 feet to a f D. ale the common pro No Tank Road, d E Shughart and Lot t N l point 7f South 02 degrees 09 minutes Sty o an comer 5: thence along lands of Dale F. Shughart, South h seconds West 52.62 feet to a point: thence along other lands of Old Town Run Mountain Lodge, minutes 42 seconds West 603.76. t2 10 degrees North 54 degrees 01 minute 26 seconds West c t S pin: thence continu ing existing al to an ex F the following 8 hughart f Dale F d 2383.91 feet to an iron pin set: thence along i d il Li . , . s o along lar th 40 degrees 41 Sou courses and distances: te y m lands of H & K Guy Fam partnership, North 69 degrees 08 minutes 0) an 30302 West minutes 13 seconds We h 17 2) South 17 degrees 33 i seconds East 762.00 feet to an existing stone n; existing iron p felt to, a 10 minutes 00 seconds West 184.49 pile; thence along lands of Harold E. Ono, North 00 degrees 30 minutes 01 second East 581.43 degrees inch oak tree; 3) North 79 deggrees 06atu6s, feet to an iron pin set; thence along lands of seconds West 55.33 feet to an extstmg trop pm; 27 minutes 52 seconds West Richard A. Myers, North'49 de s 22 minutes n e 4) South 12 degrees existing iron pin; 5) South 41 xisting stone 47 seconds East 521.40 feet to aa 35 42 i 18.41 feet to an tes 17 seconds Fast 120.06 feet i nutes m pile; thence North 09 degrees nu degrees 37 m in; 6) South 51 degrees i seconds West 242.16 feet to .: nail set in Red ron p to an existing 106.13 40 feet es an minutes OS seconds East rees 21 .1 40 de ' Tank Road, T-542; thence in and through the macadam cartway of Red Tank Road, T-542, h g ) South 1 e??g iron pin; minutes 21 seconds East 19.66 feet to an Nadir 21 dMM 22 tttiesttec 59.ss4Tt ?Amftvlmftow fEet to a existing iron pin; 8) South 82 degrees 20 ds East 541.25 feet to an the same , in and through South uth 70 0 degrees 21 minutes 18 secon existing iron pin located the common property ShughartDale F. f Dale F feet to a P.K. 27 onds Fast minutes nail set; th42 ence continuing in and through the p . comer of lauds o 5; thence along land t N same on a curve to the left hay4a radius of 4 o. Shughart, Jr. and Lo Dale F. Shughart. Jr., South 07 degrees 44 178.20 feet and an * length of 158.89 feet, s chord bearing of North 87 degrees 17 minutes minutes 26 seconds West 123.60 feet to an thence along land of Dale 1 i ; 7 seconds East and a chord of 153.68 feet tc n; existing iron p Shughart and through points located in the the following 19 wn Run T INNING. the CON poiTnt of ING BEGINNING acres and designated a 63.042 T I , o thread of Old courses: 1) South 06 degrees 19 minutes 00 13 feet: 2) Some 10 degrees 38 17 5 Plan Lot BEINNo. n G Parcel Number 40 l3-Ot26-045. . seconds West 88 feet; 3j South 08 s East 29 Subject to all applicable notes and conditions of . minutes W 01 seconds East 28.00 feet: municipal government approval relative to the minute degrees 57 minutes degrees 2 28 minutes 36 seconds West 10 4) South 00 minutes degrees th 1 S Final Minor Subdivision Plan for Old Town Rur Mountain Lodge. Lot No. 5. ; t ou South 4 45 9L64 feet; 5) A. 6) ) South degrees 31 18 feet 23 BEING a part of the same tract of land whict 200 h 3 . seconds West : minutes 14 seconds West 25.42 feet; 7) South 45 1, Shelly Jane Baez by Deed dated Marc 2 and recorded in the Office of the e Recorder of degrees 29 minutes 04 seconds West 20.57 feet; 05 minutes 22 seconds West Deeds for Cumberland County Deed Book S) South 11 degrees th-03 degrees 39 minutes 29 S 256, Page 2900, granted and conveyed unto Alar ou 28.09 feet; 9) seconds West 28.65 feet; 10) South 16 degrees 71 feet; 111 t 36 W G. Unger. TRACT NO. 3: ALL that, certain tract of lane . es 39 minutes 22 seconds South 22 degrees 48 minutes 57 seconds West 44 minutes 33 situate in South Middleton Township bu 22.94 feet 12) South 34 degrees ees ds West 18.24 feet; 13) South 29 degr d as follows tr larly bounded and describe pa ti it wit: w secon 10 minutes 47 seconds West 18.93 feet; 14) tes 53 seconds West i . ING at a point at lime of land now of nu South 69 degrees 35 m h 49 degrees es 28 Minutes es ab formerly of Anna Cecile Simmons; thence by l C f L t S) 19.19 feet; rerees 83 Sout 06 degrees 06 u u the same and land now or formerly o t t 975 f s W 9. West t t seconds ;est 15.60 feee h 17) South seconds West sec 19.99 39 minutes seconds East 15 o z ee Bininger, North 80 degrees East point; thence by land now or formerly of Daniel e s s 40 r 29 degrees 53 minutes g feet; South 33 degrees 32 minutes 40 V. Ahl, et al, South 53 degrees West 439 feet to oint; thence by the same, South 4 degrees West seconds s East 25.54 feet; 19) South 20 degrees 07 feet to a point t 23 F d p 594 feet to a point; thence North 74 degrees A . as s 12 09 in minutes ea secon the thread of Old Town Run; thence minutes West 633.6 feet to a point; thence Nortt 10 degrees West 592 feet to the Place of continuing along land of Dale F. Shughart. th 73 degrees 08 minutes 40 seconds East S gF.GINNING. ou 217.67 feet to a point in centerline of Mountain along the tinuin g Rnad T -548•, thence con (;ONT'AINING i 1.6 acrd. BEING Parcel Number X1-13-012(-011. BEING a part of the same tract of land whicl Shelly Jane Baez by Deed dated March 31, 200' and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alar G. Unger. TRACT NO, 4: ALL that certain tract of mountain land, situate in South Middletor Township, Cumberland County, Pennsylvania. bounded and described pursuant to a survey b} Rodney Lee Decker, Registered Surveyor, dates May 23,1979, as follows: BEGINNING at a stone pile, a comer of tans now or formerly of Old Town Run Mountair Lodge and land now or formerly of No V. Otto Jr. and S. Katherine Guy; thence by land now of formerly of No V. Otto, Jr. and S. Katherine Guy, North 26 degrees 13 minutes 20 seconds West 648.4 feet to a point; thence by the same. South 87 degrees 56 minutes 40 seconds East 603.26 feet to a point; thence by land now of formerly of Rhea H. Ono, South 82 degrees 18 minutes 8 seconds East 774.87 feet to a point thence by land now. or formerly of Old Town Run Mountain Lodge, South 67 degrees if minutes 45 seconds West 1176.34 feet to the Place of BEGINNING. CONTAINING 7 acres. more or less. BEING Parcel Number 40-13-0126-010A. BEING a part of the same tract of land whict Shelly Jane Baez by Deed dated March 31, 2002 and recorded in the Office of the Recorder o1 Deeds for Cumberland County in Deed Book 256, Page 2900, granted and conveyed unto Alar G. Unger SEIZED IN EXECUTION as the property of Alan G. Unger alk/a Alan Grant Unger or Judgment No. 064144.