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Home My WebLink About06-4145BARLEY 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, : NO. Q(e - 411 vs C.., u i L Defendant NOTICE TO: Alan G. 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 1624057-1 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 VS. CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, : NO. 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 paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despues 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 caracterfstica 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 INFORMAC16N SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMAC16N SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO 0 NINGiJN HONORARIO.Lawyer Referral Service. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (800) 990-9108 1624057-1 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, :NO. 4/14LS ?tV Defendant COMPLAINT 1. 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 Hams Savings Bank. The Defendant, Alan G. 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 April 14, 2000, the Defendant 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 Defendant promised to pay to Plaintiff the principal amount of One Hundred Forty Thousand and 00/100 Dollars ($140,000.00), 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". 1624057-1 4. As security for the payment and performance of the obligations of the Defendant to the Plaintiff under the Note, the Defendant granted to Plaintiff a mortgage lien upon the Defendant's commercial real property, with improvements, located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania ("Premises"), pursuant to a certain mortgage ("Mortgage" ) dated April 14, 2000. A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked Exhibit "B". 5. The Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania on April 17, 2000 in Record Book Volume 1606, Page 436, Cumberland County Records. 6. The Defendant is the fee and real owner of the Premises. 7. The Defendant is in default under the Note 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 April 14, 2003 and all subsequent monthly payments 8. 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 $131,227.21 Accrued interest to and including 05/05/06 33,153.79 Late Charges 3,037.67 Reasonable Attorneys' Fees 3,000.00 TOTAL $170.418,67 WHEREFORE, the Plaintiff prays your Honorable Court to grant judgment in favor of the Plaintiff and against the Defendant, Alan G. Unger, in the amount of One Hundred Seventy Thousand Four Hundred Eighteen and 67/100 Dollars ($170,418.67), plus interest at the contract 1624057-1 2 rate of $32.81 per diem from May 5, 2006, and costs of this action, and for foreclosure and sale of the Premises. ;ed RLEY YDER,LLC By: a J. Shoop, Esquire 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorney I.D. No. 25367 Attorneys for the Plaintiff, Sovereign Bank 1624057-1 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: "7 ( ( -7 ' C(v By: Shoop, Esquire 1669613-1 T"MHARRIS® SAVINGS BANK PROMISSORY NOTE Borrower: Alan G. Unger 236 Red Tack Road Boiling Springs, PA 17007 Lender: Hanle Savings Badr 234 N. Secant Street P 0 Box 1711 Harrisburg, PA 17105 Principal Amount: $140,000.00 Date of Note: April 14, 2000 PROMISE TO PAY. Alan G. Unger ("Borrower") promises to pay to Harris Savings Bank ('Lender"), or order, in lawful money at the United Sillies of America, the principal amount of One Hundred Forty Thousand & 001100 Dollars ($140,1100.00), together with Interest on the unpaid principal balance from April 14, 2000, until paid In full. PAYMENT. Subject to any payment changes resulting from changes In the Index, Borrower will pay this loan in accordance with the following payment schedule: Principal and Interest are due and payable in 60 equal consecutive monthly Installments of $1,317.07 each, commencing on May 14, 2000 and ending April 14, 2005. From the date hereof until April 14, 2005, ("Inltlal Fixed Rate Period") Interest will be fixed at the rate of 9.50%. Thereafter, for the remaining term, the Interest rate shall be reet-nnegotiMed to a new fixed rate offered by Lender In Its sole discretion (and agreed to by Borrower), or the rate will revert to Harris Savings Bank Prime Rate Jere defined In Variable Interest Rate below) plus 1%. After the Initial Fixed Rate Period and based on the subsequent change In Interest rate, the monthly Installment shall be changed to an amount suMciwd to amortize the unpaid principal balance over the remaining period of 130 months. Ali unpaid principal together with arty unpaid Interest and late charges will be due and payable at maturity, April 14, 2010. The annual Interest rate for this Note is computed on a 3651360 basts; that is, by applying the ratio of the annual Interest rate over a year of 360 days, muftiplied bylhe 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 win be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs 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 loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given fine. Lender will ten 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 than each Day. The Index currently Is 9.000% per annum. The Interest vale 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 a current rate of 10.000% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law, Whenever Increases occur in the Interest rate, Lender, at Its option, may do one or more of the following: (a) Increase Borrower's payments to ensure Borrowers loan will pay oft by its original final maturity date, (b) Increase Borrower's payments to cover accruing Interest, (c) Increase the number of Borrower's payments, and (d) continue Borrower's payments at the same amount and Increase Borrower's final payment. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender Is entitled to the following prepayment penalty: A prepayment fee will be charged If this Note Is prepaid, In whole or in part, during the axed rate period. The fee will be calculated at two percent (2%) of the principal amount prepaid. A prepayment fee will not be charged on any amount (up to 20% of the original principal amount) prepaid within any loan year from internally generated funds. The term "loan year" Is defined as any period of one year commencing on the closing date or any anniversary date thereof. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than It is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE, If a payment is 15 days or more fete, Borrower will be charged 5.000% of the regularly scheduled payment or $10.00, whichever Is greater. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Nate, or in any other agreement or loan Borr ower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading In any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any pan of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This Includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured (and no event of default will have occurred) If Borrower, after receiving written notice from Lender demanding cure of such default: (a) cures the default within fifteen (15) days; or (b) g the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 3.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay a oust. This includes, subject to any limits under applicable law, Lender's Irr?? 04-14-2000 PROMISSORY NOTE Page 2 Loan No 8873001371 (Continued) attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' teas and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-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 rate applicable to this Note at the time judgment is entered. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, the Commonwealth of Pennsylvania. 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 assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), Including without limitation ad accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts 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 all such accounts. COLLATERAL. This Note is secured by a Mortgage dated April 14, 2000, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. CROSS COLLATERALIZATION. This Note will be cross-collateralized/cross-defaulted with all other loans to the Borrower from the Lender. If at any time there is a default under this Note, all loans wilt be considered in default and all outstanding amounts under the commitments will be immediately due and payable in full. SECURITY. All collateral (as herein defined) Is security for this Note and any renewals, extensions 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 Islander under this Note or under any other agreement, promissory note or undertakings now existing or hereinafter entered Into by the Borrower to Lender. The term "Collateral" includes all tangible and Intangible properly (1) described in any mortgage, assignment or any other security document separately executed in favor of Lender pursuant to this Note, and (it) in which a security Interest has been granted to Lender pursuant to this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of as 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 lake 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 AUTHORUES 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 (5500) 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. B0RR0 ?.:. Na ?um. ?V ,. i..i. a ?...? X; o, ,rag;,., ......:.:..... ger LENDER: Harris Savings Bank s i mCORDATION REQUESTED BY: Harris Savings Bank Attn: Business Banking Dept. P O Box 1711 Harrisburg, PA 17105 WHEN RECORDED MAIL TO: Harris Savings Bank Attn: Business Banking Dept. P O BOAC 1711 Harrisburg, PA 17105 SEND TAX NOTICES TO: Harris Swings a" Attn: Business Banking Dept. -P 0Box 1711 Harrisburg, PA 17105 StST ?. ZIEU?LER RECORDED Or DEEDS CUMBERLAND COUt1+Y-PA '00 APR 17 AEI 10 08 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY WHARRIS® SAVINGS BANK MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE IS DATED APRIL 14, 2000, between Alan G. Unger, whose address Is 236 Red Tank Road, Boling Springs, PA 17007 (referred to below as "Grantor"); and Harris Savings Bank, whose address is 234 N. Second Street, P O Box 1711, Harrisburg, PA 17106 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grads, bargains, asks, conveys, assigns, transfers; reNws; confirms and mortgages to Lander all of Grantor's right, title, and Interest in and to the following described real property, together with ale adsfing or subsequently erected or a8bled buildings, improvements and tortures; all streets, lanes, alleys, passages, and ways;. all easements, rights of way, all Nbertles, privileges, lenemene, heredkaments, and appurtenances thereunto belonging or anywise made appurtenant heresfier, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock In uNgtlw with ditch or Irrigation rights); and all other rights, royalt es, and profits relating to the real property, including without Imitation all minerals, oil, gas, geothermal and similar matters, located M Cumberland County, Commonwealth of Pennsylvania (the "Real Property"): See Attached Exhibit "A" The Real Property or its address Is commonly known as 610 Alexander Spring Road. Grantor presently assigns to Lender all of Grantor's right, tills, and interest in and to all leases of the Property and all Rena from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. DEFINITIONS. The following wads shell have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shell have the meanings attributed to such farms in the Uniform Commercial Code. All references to dollar amounts shell mean amounts In lawful money of the United Sates of America. Granter. The word "Grantor" means Alan G. Unger. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and Includes without limitation each and all of the guarantors, sureties, and accommodation panes in connection with the Indebtedness. Improvements. The word Improvements" means and Includes without Imitation all adsting and future improvements, buildings, structures, mobile homes afibced on the Real Property, tacifilies, additions, replacements and other construction on the Real Property. Indeblednaaa. The word Indebtedness" means all pdndpsl and interest payable under the Note and any amounts agended or advanced by Lender to discharge obligations of Grantor or e:lperaes Incurred by Lender to enforce obligations of Grantor under this Mortgage, together with Inleresl on such amounts as provided in this Mortgage. In addition to the Note, is word Indebtedness" Includes all obligations, debt and NabiNUm, plus Interest t areon, of Grantor to Lender, or any ale of more of them, as win as all claims by Lender against Grantor, or any one or more of them, whether now "brig or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, absolute or contingent, liquidated or ucigu idated and whether Grantormay be Nabs indlviciusl? or Idatty with others, whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of limitations, and whether such Indebtedness may be or hereafter may become otherwise unanforcssble. Lender. The word 'Lender" means Harris Savings Bank, Ns successors and assigns. The Lender Is the mortgagee under this Mortgage. Mortgage. The word "MorWW means this Purchase Money Mortgage between Grantor and Lender, and Includes wthout limitation all assignments and security interest provisions relating to the Personal Property and Rene. Purchase Money Mortgage. It any of it* debt secured by this Security Instrument is lent to Borrower to acquire care to the Real Property, this Security Instrument shall be a purchase money mortgage under 42 P.S. Section 8141. Nobs. The word "Now means the promissory note or aade agreement dated April 14, 2000, In the original principal arnount of $140,000.00 from Granter to Lender, together with all raswee of, extensions of, modifications of, relinahdngs of, consolidations of, and substitutions pre tswy note or agreement. NOTICE OR: TTWM CONTAINS A VARIABLE INTEREST RATE. Uzi l sGmi76i osp M4ws4 'Auedwoo AM MN p9NwN m d!4? 1;/??opwodroo g M wluug Aug 11 •tswqu! Axdojt to eoueAMuw to Po 410w iapo Aue Aq A 'Adam MOM 00 0190 pu!PP4 Pn4 Pull! Aug of?o u! 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The following provisiore relafing to the taxes and liens on the Property are a pad of this Mortgage. Payment. Grantor shah pay when due (and in as events poor to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all calms for work dons on or for services rendered or materiel furnished to the Properly. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Mortgage, except for the lien of taxes and assessments not due, and except as otherwise provided in the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's Interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the hen arises or, If a hen is hied, within fifteen (15) days after Grantor has notice of the Ming, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the Hen plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend bell and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shelf upon demand famish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction'. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, 0 any mechanic's Hen, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. -PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a pad of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Red Property In an amount sufNdent to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds In such liability hnurance? policies. Additionally, Grantor shah maintain such other Insurance, including but not limited to hazard, business interruption and boiler Insurance as Lender may require. Polices shah be written by such insurance companies and in such form as may be reasonably acceptable to Lender. - Grantor shah deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (30) days' poor written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. EacliInsurance policy also shell include an endorsement providing that coverage in favor of Lander will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property at any lime become located in an area designated by the `• " Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance for the hull unpaid princpal balance of the loan and any prior lien: on the property securing the ban, up to the maximum policy limas set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of? Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss 0 Grantor fails to do so within fifteen (15) days of the casually. Whether or not Lender's security is impaired, Lender may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any hen affecting the Property, or the restoration and repair of the Property. If Under elects to apply the proceeds to restoration and repair, Grantor shah repair or replace the damaged or destroyed Improvements in a manner satisfactory to Under. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Mortgage. Any proceeds which have not been disbursed within 100 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Under under this Mortgage, than to pay accrued interest, and the remainder, It any, shelf be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shah be paid to Grantor. Unexpired Insurance at Sate.. Any unexpired insurance shall inure to the benefit of, and pass to, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Under, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance shoring: (a) the name of the insurer; (b) the risks Insured; (c) the amount of the policy; (d) the property Insured, the then current replacement value of such properly, and the manner of determining that value; and (a) the expiration date of the policy. Grantor shah, upon request of Under, have an Independent appralaer satisfactory to Under determine the ash value replacement coat of the Property. EXPENDITURES BY LENDER. If Grantor falls to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would materially affect Lender's Interests In the Properly, Lender on Grantor's behalf may, but shelf not be required to, take Wry action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for In the Note from the date incurred or paid by Lender to the date of repayment by Grantor. AN such expenses, al Lander's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy or (it) the remaining term of the Note, or (c) be treated as a balloon payment which will be due and payable at the Note's maturity. This. Mortgage also will secure payment of these amounts. The rights provided for in this paragraph shall be In addition to any other tights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shah not be construed as curing the default so as to bar Under from any remedy that it otherwise would have had. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage. This. Grantor warrants that: (a) Grantor holds good and marketable tote of record to the Property in fee simple, free and tear of all Pens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, tide report, or final titre opinion Issued in favor of, and accepted by, Under in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to smuts and deliver this Mort" to Lender. Defense of Tlae. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the Nlfe to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's Mee or the interest of Lender under this Mortgage, Grantor shelf defend the action at Grantoes expense. Grantor may be the nominal parry in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such trsWmenb as Lender may request from time to lime to permit such participation. eaw(16660M A.IR Ruel Aug p wnlpl BulPnpuO Mge P ?1,'?fJeq 01 sesa0 0,uewn0oa Pgg6tl 641;0 Aug m 0x11 •uewmP"v"P3 amP ooo ti •paqux41o spew ewp suns p Mou AW Vedsw Mapw Aug ul Bupeeplw joTAIN sl sluewnooa Pe1616H"jo..6WN . &a %OvkmrJ 0141 Wpun jotuwg to Ng4eq uo w Aq ispue"l a Psyqunl x} spew luswygs w uopqueswdw 'NuwAm AW 'qle WOM ap3 •11luswnooo pegpb s4l p Aug w eBgBPoly sM Wpun suoWSOpgo s rolugjE) wmped 01 AMR s wlugq)1o 6MN OW Asdw a Appga Vquwp Jo A)redoid s iopwp p Aug peps Apsypsw Aaw pW umWd io xrppw0 W4W Aug p roAq ul'Wewew6g Wlpa Aug io WOW§ ft SOM b e264omd'Wmo"v Aprhm'llpep p uolumM'ueq Aug Wpun ongpp xquwp PpwgS "M p4N1 p iom.4 w Wp6a •quetunooCl Pgg6H syl p Aue ul w epN e41'eBgBF10W s141 ul PauMuoa uoplPuoo w 1uguenoo'uope9pgo'wj% W410 Aug ypM pdwoo 01 ioluwp p ampj -NnoM 6ou@Ndwoo -uep Aua p 98re40gp page of w p Bully Wenwd of Ammoeu WewAgd Wylo Aus xl 'eouwnsul m sexg rot WmAgd Aug egow of aBeBPoW 0,41 Aq Pegnbw wup 641 uMm joWwp p empj •sluwuAgd ~ us ynepp 'sswpegWul ag uo enp u94M WmAwd Aug e)pw w wluwE) M empj vmWe lopul IW Ump0 :6B08W V4 s141 Wpun (,Unwea p 4u6A3.)11ng6P 1o luene us eWWl ww 094s 'iepuel 0 u0pd0 e4116'Bu1M01M1641 J0 4063 'llnvzma 'ewp of ewg woo Wpuel Aq po*ujo P so OR uopsupwel oRmosew Aug 'Mal gga0pdda Aq pgWj 6d N 'Avd IgM joluwp •Apedoy puowed 641 Pug gu% s4l ul pe "ul AWnoms s opusl Oupjgw on uo luswgw . 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Death or Insolvency. The death of Grantor or the dissolution or termination of Grantor's existence as s going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any of the Property. However, this subsection she$ not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the foreclosure or forefetture proceeding, provided that Grantor gives Lender written notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with rasped to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability undo(, any Guaranty of the Indebtedness. Lender, at its option, may, but shall not be required to, permit the Guarantees estate to assure unconditionaly the obligations arising under the guaranty in a manner satisfactory to Lender, and, In doing so, cure the Event of Default. Adverse Change. A material adverse change occurs In Grantees financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Right to Cure. If such a failure is curable and N Grantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) N Grantor, after Lender sends written notice demanding cure of such fakes. (a) cures the failure within fifteen (16) days; or (b) N the cure requires more than fifteen (16) days, immediately Initiates steps sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFALLT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exercise any one or more of the following rights and remedies, in addition to any other rtghb or remedies provided by law: Accelerate Indebtedness. Subject to applicable law, Lender shall have the right at Its option without notice to Grantor to declare the entire Indebtedness Immediately due and payable. UCC Remedies. With rasped to all or any part of the Personal Property, Lender shelf have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shell have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past. due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may-require any tenant or other user of the Property to make payments of rent or use fees directly to Under. It the Rents are collected by Lender, then'Grantor Irrevocably ddsignates Lender as Grantees attorney-in-fact to endorse instruments received in payment thered in the name of Grantor and to negotiate the same and -collect the proceeds. Payments by tenants or other users to Under in response to Land" demand shall satisfy the obligations for willch the payments are made, whether or not any proper grounds for the demand existed. Under may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Under shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Properly preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond N permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judlclal Foreclosure. Under may obtain a Judi" decree foreclosing Grantees Interest in all or any part of the Property Possession of the, Property. For the purpose of procuring possession of the Property, Grantor, hereby authorizes and empowers any attorney of arry court ei record M the twit monweatth eftnnsylwft br 9leewherC as aftbrnffy'10rI.6YAW r 6rti W persons'disla ft'lindtir a 1hroUph Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons darning under or through Grantor, for the recovery by Larder of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verdied by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be Issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicisl Sale. If permitted by applicable law, Lender may foreclose Grantor's Interest in all or In any part of the Personal Property or the Real Property by nonjudidal sale. DeOcfency Judgment. Under may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property Is sold as provided above or Under otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sulleance of Lander or it* purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Properly, or (b) vacate the Property Immediately upon the demand of Lender. Other Roraadlim Under shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by apple" law, Grantor hereby waives any and all right to have the property marshalled. In exercising tls rights and remedies, Under shall be fras to seti all or any pert of the Properly together or separately, in one sale or by separate sales. Under shall be entltted to bid at any public sate on all or any portion of the Property. Notice of Sets. Lender shell ghre Grantor reasonable notice of the time and place of any public sate of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property Is to be made. Unless otherwise required by spp Ie law, reasonable notice shall mean notice given at least ten (10) days before the time of the" or disposition. Waiver, Election of Remedies. A waiver by any party of a breach of a provision of this Mortgage shall not constitute a waiver Of or prejudice the party's rights otherwise to demand strict compliance with that provision or any other provision. Election by Under to pursue any remady shelf not exduda pursuit of any other remedy, and an election to make expenditures or take action to perform an obligation of Grantor under hrte Mortgage after failure of Grantor to perform shall not effect Undoes right to declare a default and exercise as remedies under this Mortgage. aaRwa:rm 40 0 TAP 3"49WIxon 0 uF,... 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Al Ww.sp Aw 'Wsm ul q p40 s6t4llsw MM spun sgpu Aut 'Mq apWop * Pgpymd,olw4w s Msm 'SSum" gSMiG am-MSr11MrM1 m ommuo 1 'Mq Aq poPV" owns s4V W0p1 an a'sw spl puts' pw'MMndsM p Ww sW 00aNM011 tpw puluMPSISA0Mu0 An smosaad A" MSpwq nl 04 ,s"WaIW a"m VK" 'MS sIq 1111, npn "m Me S P"m J0000104 INIP g Sn Up p ppft pM ar%Wodw so Mp an uA4 posopl at p *Mow** an M pNwpp an p o"pow l an jai sup Aw M MW 01 PgyWO Vq 00 wpu0I'&AtbpM W VAL" Mp 'qm IMw Am Aod I m OW Mp1e Mq ON om wrwo) tttt6 & M am WWI s oftd 30"Im NI 00"t-" J 04-14-2000 MORTGAGE Page 7 Loan No 8873001371 (ConUnued) n Signed, acknowledged and delivverred in the presence of X tia._' Witness X Wnnese CERTIFICATE OF RESIDENCE I hereby certity, that the precise address of the mortgagee, Harris Savings Bank, herein is as follows: 234 N. Second Street, P O Box 1711, Harrisburg, PA 17105 ?/?? rjll ta.J AT rlrA+ fLt ' ..(/r..?/t,_ a Agent INDIVIDUAL STATE OF PEPIIBYLVPK-1A 1 Ise COUNTY OF CL14BERLAND 1 On this, the N A day of APRIL , 200 , before me the undersigned Notary Public, personalty appeared Alan G. Unger, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and oMdel seal. 3. Notary Public t k nd r the State of DMA CFI P oservtcez, Inc. Notarial Seal Foyer B Irwin, Notary Public Carlisle Boro. Cumberland County My Commission Expires Oct. 3, 2000 800116%Pw 442 Land Number s C h e d u k C Description All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T-469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEiW the same property which Ronald M. granted and conveyed to Alan G. Unger, jjP-, 2000 and recorded in the Office County in Deed Book Page PA 357874 Mixell and Judy K, Mixell, his wife, mortgagor herein, by deed dated April of the Moorder of Deeds for GUmberland State of Pennsylvania County of Cumberland Recorded in the office for the recording of Deeds cc(.' ndforfumberiandCounty,Pa ir. Book o Wol. = Page v,m)ts, 11-Y hand and s al of office of Carlisle. PA day of -SD RecoFder e0016%pW 441 0 ti ._a rr --,\ 0 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- vs. : MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant ENTRY OF DEFAULT JUDGMENT Kindly enter default judgment in favor of the Plaintiff and against the Defendant, Alan G. Unger for failure to file an Answer to the Complaint within twenty (20) days after service thereof, and assess Plaintiff's damages as follows: NO. 06-4145 Principal Balance $131,227.21 Accrued interest to and including 5/5/06 33,153.79 Late Charges 3,037.67 Reasonable Attorneys' Fees 3,000.00 TOTAL $170,418.67 plus interest from May 5, 2006 at the contract rate and costs of suit and for foreclosure and sale of the premises located at 610 Alexander Spring Road, Carlisle, 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: Geor e J. Shoop, Esquire Attorneys for Plaintiff, Sovereign Bank ORDER AND NOW, TO WIT, this JZtay of , 2006 judgment is hereby entered in favor of the Plaintiff and against the Def ndant, AlanG. Unger by default, and Plaintiff's damages are assessed as above in the amount of $170,418.67 plus interest from May 5, 2006 at the contract rate and costs of suit and for foreclosure and sale of the premises located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. Pr6thonotary __4?J 1700180-1 .? T7 , SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- vs. : MORTGAGE FORECLOSURE ALAN G. UNGER, :NO. 06-4145 Defendant To: Alan G. 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. s ti? . 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) 99108 Geom., Shoop, Esquire I.D. No. 25367 Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, PA 19603 (610) 376-6651 1692157-1 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION- vs. : MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant ss. PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS 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, 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 4*k day of , 2006 i of y Public :NO. 06-4145 BARLEY SNYDER LLC By: Colleen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 COMMONWEALTH OF PENNSYLVANIA. Notarial Seal Mary arat C. Pusdai, Notary Public M of Reading, Barks County My Commission Expires Mar. 2009 Member, Pennsylvania Association of Notaries SOVEREIGN BANK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 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, 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: 13110b Reading, PA 19603 (610) 376-6651 Sworn and subscribed to before me this -I)TIday of , 2006. COMMONWEAUH OF PENN Margaret C. Pu?j Nary pu? City of Reading, Berks My Commission Expires AAar %%1- Member, Pernsyfvari. ,UsodaHon of Notaries BARLEY SNYDER LLC By: Ge J. Shoop, Esquire Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 ] ary Public 1700185-1 -o 0 W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Alan G. 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 S6? (l & , to No. 06-4145 with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $170,418.67, plus interest from May 5, 2006, costs of suit and for foreclosure and sale of the premises located at 610 Alexander Spring Road, Carlisle, Cumberland Cou ,, Pe PROTHO ARY By: Deputy Clerk 1700188-1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04145 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS UNGER ALAN G 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 the DEFENDANT , at 1411:00 HOURS, on the 27th day of July 2006 at 610 ALEXANDER SPRING ROAD CARLISLE, PA 17013 by handing to ALAN UNGER 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: So Answers.- Docketing 18.00 , 0-4 Service 4.40 ?. Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40? 07/28/2006 4/???DG Q BARLEY SNYDER Sworn and Subscibed to By: (t_ 0- before me this day eputy?Sh iff of A.D. 1 SOVEREIGN BANK, vs. ALAN G. UNGER, Plaintiff Defendant No. 06-4145 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4145 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal $131,227.21 Interest through 5/5/06 $ 33,153.79 Late Charges $ 3,037.67 Attorneys' Fees $ 3,000.00 TOTAL: $170,418.67 Plus continuing interest after May 5, 2006 at a rate of $32.81 per diem, plus continuing late charges and costs. By: g p, q Attorneys for Plaintiff Sovereign Bank Court I.D. No. 25367 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 BARLEY ER LLC ?i Geor e J. Shoo Es uire 1745246-1 A? -f- 0 V C?l C"T ?.r h OP V4 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-1) and 3-E; thence along said dividing line between said Lots Nos. 3-1) and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 No. 06-4145 SOVEREIGN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN G. UNGER, Defendant CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4145 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, 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: \ ?? 1101 O,, BARLEY S R LLC By: Geor oop, 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 day of Nnvowilbez , 2006. p wJEALTH OF P SYL Notarial Seal aret C.. i0 Notary PubNc C i of R91B91kfi My Commis9iop Expires WE 2Z M a aodatlon of Notaries Member Pr+nowl 11?'z " (.f " ?, , , -/? (7 x-,"', 1.-i , Notar Pu is 1745246-1 A No. 06-4145 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 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 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. Name and address of owner(s) or reputed owner(s): Alan G. Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. 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, York Federal Savings and Loan Association, and Harris Savings 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 1745246-1 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 Harris Savings Bank 100 North Third Street, 2nd Floor Easton, PA 18042 No. 06-4145 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: None known to Plaintiff at this time. 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 Courthouse Square Carlisle, PA 17013 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 1745246-1 No. 06-4145 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: ?k o 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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January, 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 No. 06-4145 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant : NO. 06-4145 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, 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. Sovereign Bank, successor to Way Point Bank, York Federal Savings and Loan Association, and Harris Savings Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Sovereign Bank, successor to Harris Savings 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 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Cumberland County Tax Claim Bureau Courthouse Square Carlisle, PA 17013 1745246-1 No. 06-4145 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, No. 06-4145 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, known and numbered as 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 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: ?, (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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 No. 06-4145 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, TO: Defendant :NO. 06-4145 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Alan G. Unger 610 Alexander Spring Road Carlisle, PA 17013 Your house (real estate) at 610 Alexander Spring Road, Carlisle, 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 $170,418.67 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. 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. 1745246-1 y No. 06-4145 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. 1745246-1 No. 06-4145 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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 r.. ;t ::? ` - ?Pi _3 :-_ ?..e..t .. _1 ?x.l ^= .. F -% No. 06-4145 SOVEREIGN BANK, VS. Plaintiff MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- NO. 06-4145 NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Alan G. Unger PROPERTY: 610 Alexander Spring Road Carlisle COUNTY: Cumberland County, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriff's 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, BA SNYDER LLC ge J. Shoop, Esquire 1745246-1 or No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4145 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 (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 $131,227.21 Interest THROUGH 5/5/06 -$33,153.79 Atty's Comm % Atty Paid $114.40 ATTORNEY'S FEES - $3,000. Plaintiff Paid Date: NOVEMBER 17, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES - $3,037.67 --- G Curtis.R. Long, Prothorfo 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 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 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 by posting of the property located at 610 Alexander Spring Road, Carlisle, PA, pursuant to Rule 440(a)(2)(ii), as follows: 1. On July 21, 2006, the Plaintiff filed its Complaint in mortgage foreclosure against the Defendants. 2. The Sheriff of Cumberland County, Pennsylvania served the Complaint upon the Defendant, Alan G. Unger, at 610 Alexander Spring Road, Carlisle, Pennsylvania on July 27, 2006. 1808992-1 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 610 Alexander Spring Road, Carlisle, Pennsylvania ("Property") for March 7, 2007. 4. The Sheriff s 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 Plaintiff s counsel that the Property 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. A true and correct copy of the Sheriff s return is attached hereto, made a part hereof as Exhibit "A". 6. Plaintiff hired Schaad Detective Agency to confirm Defendant's residence. 7. Schaad 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 located at 610 Alexander Spring Road, Carlisle, Pennsylvania. 9. The Plaintiff believes and therefore avers that the Defendant, Alan G. Unger is concealing his whereabouts to avoid service of the Notice of Sheriff s Sale. 1808992-1 3 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 located at 610 Alexander Spring Road, Carlisle, Pennsylvania, in accordance with Pa. R.C.P. 440(a)(2)(ii). BARLEY SNYDER LLC BY: Geotfe J. Shoop, Esquire 501 Washington Street P.O. Box 942 Carlisle, PA 19603-0942 (610) 376-6651 Attorneys for Plaintiff, Sovereign Bank 1808992-1 4 Sovereign Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Alan G. Unger Writ No. 2006-4145 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. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 13 50 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G. Unger located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Alan G. Unger, by regular mail to his last known address of 610 Alexander Spring Road, Carlisle, PA 17013. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff BY ?G Real Estate eputy E X Hrh-3 ? ? A C? ;?.a ? ? ?? C.... t rt ? ^['p i'?S ? 17? { , i" ...-. t-.? { { '? ? ? f fi '?• ?? - _ -- ' ,? . ? r? +f ""? ? J SOVEREIGN BANK, VS. ALAN G. UNGER, No. 06-4145 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4145 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 real estate of Alan G. Unger, 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. Sovereign Bank, successor to Way Point Bank, York Federal Savings and Loan Association, and Harris Savings Bank 100 North Third Street, 2nd Floor Easton, PA 18042 Sovereign Bank, successor to Harris Savings 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 GE Supply 870 Calcon Hook Road Sharon Hill, PA 19079 Yale Electric Supply Co., Inc. 2207 Paxton Street Harrisburg, PA 17111 1745246-1 No. 06-4145 Cumberland County Tax Claim Bureau Courthouse Square Carlisle, PA 17013 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, No. 06-4145 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, known and numbered as 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 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: -George . 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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 C? ? 0 C :D - r 7-1 -, y No. 06-4145 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 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 real property located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. Name and address of owner(s) or reputed owner(s): Alan G. Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. 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, York Federal Savings and Loan Association, and Harris Savings 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 1745246-1 No. 06-4145 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 Harris Savings 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 Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor, Strawberry Square Harrisburg, PA 17128-0101 1745246-1 No. 06-4145 Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 1745246-1 No. 06-4145 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: 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 1745246-1 C? --s rTl C-n SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF BERKS 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 to effect service under the provisions of the Pennsylvania Rules of Civil Procedure, without success: The address of the Defendant, Alan G. Unger, as referenced in the April 14, 2000 loan documentation with Plaintiff, was 610 Alexander Spring Road, Carlisle, Pennsylvania. 2. The Plaintiff filed sheriff instructions on July 20, 2001, directing the Sheriff to serve the Defendant, Alan G. Unger, at 610 Alexander Spring Road, Carlisle, Pennsylvania. 1808992-1 3. The Sheriffs 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 at the 610 Alexander Spring Road, Carlisle, Pennsylvania address, but the Sheriffs Return indicates that they were unable to serve the Defendant. 6. The Sheriff's Return also indicates that it appears the Property 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. Schaad Detective Agency provided Plaintiff with an email indicating Defendant's address as of December 2006 was still Alexander Spring Road, Carlisle, Pennsylvania. 9. The Plaintiff has exhausted all reasonable efforts to serve the Defendant, Alan G. Unger. G gee J. Shoop, Esquire Sworn to and subscribed before me this ,o?'day of , 2007. Not blic COMMONWEALTH OF PENNSYLVANIA NotwW Seal MK9" C. PUBAN, Notary PL M CRY Of Rea ft, Befks C=* My Comm) M E*kee Maids 22, 2009 Member, Pennsym4s Assoeiatlon of Notaries 1808992-1 2 ?.y ?--> ?, cam. .? ?? ;-,i V `"; _... , -, +'=;'; ?.; ?? -i =- . ? ? ,.-- Y ?` - ca __.a Y FEB 012007 r'0 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, : Defendant : NO. 06-4145 ORDER AND NOW, to wit, this OAllay of ay?n '2007, 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 by posting of property located at 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 to the degree necessary to justify service by posting in accordance with said Rule, it is ORDERED that service of the Notice of Sheriff's Sale in the within matter by posting of the property located at 610 Alexander Spring Road, Carlisle, Pennsylvania, is hereby authorized, in accordance with Pa. R.C.P. 440(a)(2)(ii). 1808992-1 J. r r iy ,t z F I off 4 AMENDED RETURN Sovereign Bank VS Alan G. Unger In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4145 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. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1350 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Alan G. Unger located at 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Alan G. Unger, by regular mail to his last known address of 610 Alexander Spring Road, Carlisle, PA 17013. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. 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 3615.80 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 2.10 Levy 15.00 Surcharge 20.00 Postpone sale 20.00 Law Journal 545.00 Patriot News 478.19 Share of bills 16.83 C 4,813.22 V 4/510 7 )- UC.w ? qy' y 5/ So Answers: - R. Thomas Kline, Sheriff BY 4Real Estate ty No. 06-4145 SOVEREIGN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION- MORTGAGE FORECLOSURE ALAN G. UNGER, Defendant :NO. 06-4145 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 610 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 1. Name and address of owner(s) or reputed owner(s): Alan G. Unger 610 Alexander Spring Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Alan G. 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, York Federal Savings and Loan Association, and Harris Savings 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 1745246-1 No. 06-4145 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 Harris Savings 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: None known to Plaintiff at this time. 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 Courthouse Square Carlisle, PA 17013 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 1745246-1 No. 064145 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: Lk c)(o i" 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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 ? ry No. 06-4145 SOVEREIGN BANK, vs. ALAN G. UNGER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- MORTGAGE FORECLOSURE :NO. 06-4145 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Alan G. Unger 610 Alexander Spring Road Carlisle, PA 17013 Your house (real estate) at 610 Alexander Spring Road, Carlisle, 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 $170,418.67 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: 1. 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 Courtto postpone the sale for good cause. 1745246-1 No. 06-4145 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. 1745246-1 F. r No. 06-4145 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 1745246-1 No. 06-4145 All that certain lot of ground situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., prepared by Statler & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T 469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construction Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-1) and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BEGINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of-way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a portion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judgment No. 06-4145. 1745246-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4145 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 (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 $131,227.21 Interest THROUGH 5/5/06 -$33,153.79 Atty's Comm % Atty Paid $114.40 ATTORNEY'S FEES - $3,000. Plaintiff Paid Date: NOVEMBER 17, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES- $3,037.67 --- 0? Curtis R. Long, Proth ary 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 # 59 On December 1, 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 610 Alexander Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2006 By: Real Es to Sergeant 80 :01 'v' a - l JJ iu1 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 COPY SALE#59 ALL um Sow* mow' .. CKiba ad r ??g11sE Lr "i Yg r?R a dry o[r w Amd ? fo?flk1l+at 3.00 .............*be .... .. ...................................... Sworn to anme this 26th day o YOU ?,,?a 6pp7 D COMMONWEALTH OF OENN YC11RNiA Notarial Seal Terry L. Russell, Notary Pu Zito Of Harrisburg, Dauphi my NOTARY 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. REAL ESTATE SALE NO. 59 Writ No. 2006-4145 Civil Sovereign Bank V9. Alan G. Unger Atty.: George J. Shoop All that certain lot of ground situ- ate in south Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with Final Subdivision Plan for A. C. Kuhn and Son. Inc., Pre- pared by Statler & Lahr dated May 6, 1988, a copy of which was re- corded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as fol- lows: BEGINNING at a point on the southern dedicated right-of--way line of T4R?d.-4?4.: ]ovi!i as _ . -Q-.e- - I;J?1_ isa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this day of February, 2007 'LSEAL LC ;, ^r jvwiary Public , ?. i-,berlarid County ? s March 5, 20M, ,--- - 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 or«anized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Sn eett in the City of HarrisbUrg, County of Dauphin, State of Pem sylvania, owner and publisher of The Patriot NevN s 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 ,,nice: That the printed notice or publication which is securely attached hereto is exactly as printed and published m 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 Volume 14. Page 17. PUBLICATION ................:. ! : ..-,Ar ... ° 6 . .. .... ..................... COPY Sworn to and b r b`e""fore me t?hisl26th day, of FQlaat?a?A,?_Qy?&.D. SALE#59 a,.. Te ?fi?ru ?': rfct Upi ?nl?ridntd NOT Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE #59 Writ No. 2006-4145 Civil Term Sovereign Bank Vs. Alan G. Unger Atty: George J. Shoop DESCRIP'r ION ALL THAT CERTAIN bit of ground situate m South Middleton To,.knship. Cumberland County, Pennsylvania, bounded and described in accordance with Final Subdivision Plan for A. C. Kuhn and Son, Inc- prepared by Starter & Lahr dated May 6, 1988, a copy of which was recorded January 17, 1989, in the hereinatfer named Recorder's Office in Plan Book 57, page 42 as follows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T- 469. known as Alexander Spring Road, which point at the place of beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road and which print ?,t rht, place of beginning ? the dividine im< between said Lot N ?-l ;md land it )vk formerly of Foola Cocarucdon ( n-, lm-, !herr, from said point at the ?,ia,_t of begimmng Aiii? ,. -uthern dedicated 7br-,f-watt line of . Alexander Spring Road the following two (2 courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179,40 feet to a point at the dividing fine between Lots Nos. 3-1) and 3-E: thence along said dividing line behveer. said Lots Nos. 3-D and 3-E, South 10 degrees 30 minutes, 32 seconds East a distance of 297.09 feet to a point in line of lands formerly of A. C Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of ?73.63 feet to a point in line of said land now or formerly of Enola Construction Co., Inc.; thence along the eastern tine of said land now rr formerly of Enola Construction C:,_ Inc- North 10 degrees 3Q nunutes Q tier0116 West a distance of 28893 feet to a point at the place of BEGINNING THE ABOVE described tract of land contains .+r. area of 1.843 acres exclusive of the dedicatc,_ nght-of-way of Alexander Spring Road, and , all of Lot No. 3-E a, shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc.. recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has beer and is dedicated as a portion of the right-of-wa% of said road as shown on ;aid final Subdivisior Plan of A. C. Kuhn and Son, Inc., recorded w aforesaid. BEING the same property which Ronald Mixeli and ludv K. Mixell by deed dated April 17, 200f and recorded in the Office of the Recorder of Deeds for Ctnnberland County in Deed Book 219• page 466, granted and conveyed unto Alar l `nger. SEIZED IN EXECUTION as the property n' Alan G. [finger on Judgment No. 064145. 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. C a 111-J - isa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 2 --_day of February, 2007 P j_ ".'._ SEAL v LCr. ?n;. ,: ` ": ,11otaryPublic Car; _ ?: (nnberland County ;pry 0c,..,, _ ,es {larch 5, 2009 REAL ESTATE SALE NO. 59 Writ No. 2006-4145 Civil Sovereign Bank VS. Alan G. Unger Atty.: George J. Shoop All that certain lot of ground situ- ate in south Middleton Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with Final Subdivision Plan for A. C. Kuhn and Son, Inc., pre- pared by Statler & Lahr dated May 6, 1988, a copy of which was re- corded January 17, 1989, in the hereinafter named Recorder's Office in Plan Book 57, Page 42 as fol- lows: BEGINNING at a point on the southern dedicated right-of-way line of Township road T-469, known as Alexander Spring Road, which point at the Place of Beginning is 25.02 feet from the original centerline of said 33 feet wide Alexander Spring Road, and which point at the Place of Beginning is at the dividing line between said Lot No. 3-E and land now or formerly of Enola Construc- tion Co., Inc., thence from said point at the Place of Beginning along the southern dedicated right-of-way line of said Alexander Spring Road the following two (2) courses and distances: (1) North 77 degrees 20 minutes 12 seconds East a distance of 94.36 feet to a point; and (2) North 78 degrees 01 minute 03 seconds East a distance of 179.40 feet to a point at the dividing line between Lots Nos. 3-D and 3-E; thence along said dividing line between said Lots Nos. 3-1) and 3-E, South 10 degrees 30 minutes, 32 seconds East a dis- tance of 297.09 feet to a point in line of lands formerly of A. C. Kuhn and Son, Inc., and now or formerly of Allen Distribution; thence along the northern line of said land now or formerly of Allen Distribution, South 79 degrees 29 minutes 28 seconds West a distance of 273.63 feet to a point in line of said land now or formerly of Enola Construc- tion Co., Inc.; thence along the east- ern line of said land now or formerly of Enola Construction Co., Inc., North 10 degrees 30 minutes 32 seconds West a distance of 288.93 feet to a point at the Place of BE- GINNING. THE ABOVE described tract of land contains an area of 1.843 Acres exclusive of the dedicated right-of- way of Alexander Spring Road, and is all of Lot No. 3-E as shown on said Final Subdivision Plan for A. C. Kuhn and Son, Inc., recorded as aforesaid. SO MUCH of the land as lies between the above described lot of land and the original centerline of 33 feet wide Alexander Spring Road has been and is dedicated as a por- tion of the right-of-way of said Road as shown on said Final Subdivision Plan of A. C. Kuhn and Son, Inc., recorded as aforesaid. BEING the same property which Ronald Mixell and Judy K. Mixell by Deed dated April 17, 2000 and recorded in the Office of the Re- corder of Deeds for Cumberland County in Deed Book 219 Page 466, granted and conveyed unto Alan G. Unger. SEIZED IN EXECUTION as the property of Alan G. Unger on Judg- ment No. 06-4145.