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HomeMy WebLinkAbout06-4624IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1 sr FEDERAL CREDIT UNION, CIVIL ACTION PLAINTIFF CASE NO. oL -4L2Y C'tu?l, t VS. SANDRA L. WEBB, CHARLES W. WEBB and CHRISTOPHER W. WEBB, DEFENDANTS MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS is" FEDERAL CREDIT UNION, PLAINTIFF CIVIL ACTION CASE NO. vs. SANDRA L. WEBB, CHARLES W. WEBB and CHRISTOPHER W. WEBB, DEFENDANTS AVISO MORTGAGE FORECLOSURE USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualgi ier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad o otros derechos importantes pars usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUMNTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1ST FEDERAL CREDIT UNION, PLAINTIFF CIVIL ACTION n CASE NO. CO(. - UlirZ? l: t u ??? 1 vs. SANDRA L. WEBB, CHARLES W. WEBB and CHRISTOPHER W. WEBB, DEFENDANTS MORTGAGE FORECLOSURE COMPLAINT The Plaintiff, Members 1' Federal Credit Union, by its attorneys, Gates, Halbruner & Hatch P.C., files this Complaint pursuant to Pa. R. Civ. P., Rule 1141 et seq., alleging in support thereof the following: 1. The Plaintiff is Members ? Federal Credit Union ("Members V), and is a federal credit union organized and existing under the laws of the United States of America with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Sandra L. Webb, is an adult individual, whose last known address is 115 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and is the mortgagor and real owner of the premises hereinafter described. 3. The Defendant, Charles W. Webb, is an adult individual, whose last known address is 35 Corvair Drive, Dillsburg, York County, Pennsylvania 17019, and is the co-maker of the loan hereinafter described. 4. The Defendant, Christopher W. Webb, is an adult individual, whose last known address is 115 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and is the co-maker of the loanises hereinafter described. 5. On or about August 30, 2004, Defendants borrowed from and agreed to repay to Members I' the sum of $106,400.00 ("Loan"). As security for the Loan, Defendants executed and delivered to Members 1 n a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Mechanicsburg Borough, Cumberland County, Pennsylvania known as 115 East Marble Street, Mechanicsburg, Pennsylvania 17055, and more particularly described in the attached exhibits ('Property"). At all times relevant hereto, Defendants were and remain the record and sole owner of the Property. A description of the Property is attached hereto as Exhibit "A" and incorporated herein by reference. A copy of the Closed-End Note, Disclosure, Loan and Security Agreement ("Note"), evidencing the Loan is attached hereto as Exhibit "B" and incorporated herein by reference. 6. On August 31, 2004, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County at Book 1878, Page 4774. A copy of the Mortgage is attached as Exhibit "C" and incorporated herein by reference. 7. The Mortgage was never assigned by Members ? and is still held by it as a valid and subsisting obligation of Defendants. 8. Under the terms and conditions of the Note, Defendants agreed to make monthly payments to Bank in the amount of $897.70 beginning on October 1, 2004 and continuing on the first of each month thereafter. 9. Defendants are in default because payments of principal and interest due March 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance ofprincipal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collections including title search fees and reasonable attorney's fees pursuant to the terms and conditions of the Note. 10. Defendant is presently indebted to Members 1", as of July 21, 2006, in the amount of $126,413.88 itemized as follows: Principal Balance Interest Due Late Charge Attorney's Fees (up to 20% principal & interest) TOTAL DUE $102,566.71 $2,581.15 $224.45 + $16.83 per diem after July 21, 2006 $21,031.57 $126,403.88 + $16.83 per diem after July 21, 2006 11. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in the preceding paragraph, costs incurred by Members V as a result of the institution of these legal proceedings. 12. The obligation owed by Defendants to Members 1 st continues to accrue interest thereon at the rate of $16.83 per day, from July 22, 2006, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, insurance charges and attorneys' fees. 13. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. Section 1680.401c gt M., a Notice of Intent to Foreclose and of Defendants' rights under said Act was forwarded to each of the Defendants on May 2, 2006, by certified mail, return receipt requested, addressed to Defendants. Copies of said Notices are attached hereto and marked as Exhibit "D". Members I"believes, and therefore avers, that none of the Defendants have applied for assistance under the Act. WHEREFORE, Plaintiff, Members 1 g Federal Credit Union, demands judgment against Sandra L. Webb, Charles W. Webb and Christopher W. Webb Defendants, in the amount of $126,403.88, plus interest at the rate of $16.83 per day, from July 22, 2006, through the date of payment, including on and after the date of entry of judgment in rem on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. Respectfully Submitted, GATES, HALBRUNER & HATCH, P.C. Date: a.4 ,00(o By: Jas Matthew shelman, Esquire ID#72655 1013 Mumma Rd., Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 fax Attorneys for Plaintiff JUL-27-2006 03:56 PM MEMBERS 1ST COLLECTIONS 7177955207 • 07!1712086 12:39 717-731-9627 GATES HAL6RUNER HAIL P. 01 WW= Oor" IN THE COURT OF COMMON PLEAS FOR CIJMMERLAND COUNTY, PENNSYLVANIA MEMBERS l 3r FEDERAL CREDIT UNION, PLAINTTFF CIVIL ACTION CASE NO. Vs. SANDRA L. WEBB, CHARLES W. WE:BB end CHRISTOPHER W. WEBB, DEFENDANTS MORTGAGE FORECLOSURE VERIFICATION 1. Arlanda Dintamm, Collootion Officer of Members 10 Federal' Credit Union., being authorfWd to d0 80 Mt behalf, of Matibcm I', hereby verity that the statements made inthe fofegoing pleading are true and correct to thtl peat of mydnfo:tnation, lmowledp and belief I undufftrA that false atatemems herein am made subject to the penaldea of 18 Pa. C.S. Section 4904, relating to 1111a vm falsification to authorities. ?....,.- Arla>tda Dietsmun, Collaet8aoa Omar MEMBERS I" FEDERAL. CREDIT UNION 44. cl) =t.? w Qm w L? SHERIFF'S RETURN - REGULAR CASE NO: 2006-04624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS WEBB SANDRA L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEBB SANDRA L the DEFENDANT , at 0944:00 HOURS, on the 16th day of August , 2006 at 115 EAST MARBLE STREET MEHANICSBURG, PA 17055 by handing to SANDRA L WEBB a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Postage .63 Surcharge 10.00 R. Thomas Kline .00 37.43,/ 09/06/2006 9/)"'lo(" GATES HALBRUNER HATCH Sworn and Subscibed to By: before me this day Deputy Si iff of A. D. SHERIFF'S RETURN - REGULAR t_f CASE NO: 2006-04624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS WEBB SANDRA L ET AL GERALD WORTHNGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEBB CHRISTOPHER the DEFENDANT , at 0944:00 HOURS, on the 16th day of August 2006 at 115 EAST MARBLE STREET MECHANICSBURG, PA 17055 by handing to SANDRA L WEBB ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 ? ? 4??C Affidavit .00 ye t Surcharge 10.00 R. Thomas Kline .00 16.00? 09/06/2006 Q GATES HALBRUNER HATCH Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-04624 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS WEBB SANDRA L ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WEBB CHARLES W but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On September 6th , 2006 this office was in receipt of the attached return from YORK Sheriff's Costs: So answ-,?irs Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Tho as Kline Dep York County 43.47 ShKr' f of Cumberland County Postage .39 6 8. 8 6 09/06/2006 GATES HALBRUNER HATCH Sworn and subscribe to before me this day of , A. D. COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 1144! SERVICE CALL, (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Members 1st Federal Credit Union 3 DEFENDANT/S/ Sandra L. Webb et al 2 C939T I"T"'Civil 4 TYPE OF WRIT OR COMPLAINT Notice and Complaint C I M F SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Charles W. Webb 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY. BORO. TWP. STATE AND ZIP CODE) AT 35 Corvair Drive Dillsburg, PA 17019 7. INDICATE SERVICE ? PERSONAL U PERSON IN CHARGE U DEPUTIZE djfij%#Ilt1 nn( U 1ST CLASS MAIL U POSTED J OTHER NOW Auqust- 15 , 20 06 I, SHERIFF OF COUNTY, PA, do hereby de a the sheriff of York COUNTY to execute t r `d ma a et cording to law. This deputization being made at the request and risk of the plaintiff., 11 SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING $ E ? f ' O F C O U N T Y Clnberland ADVANCE FEE PAID BY CUMBERLAND CO. SHERIFF. Please mail return of service to Cmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE M A T T H E W J. E S H E L M A N , f9QTELEPHONE NUMBER 11 DATE FILED 1013 MUMMA ROAD, STE., 100, LEMOYNE, PA 17043-1144 717-731-9600 8/10/2006 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed n notice is to be mailed) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THS LIIM 11 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above M J M C G I L L Y C S O 1 8 1 1 r, 1 919/2006 16 HOW SERVED. PERSON.--RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE ( >?- ) OTHER ( ) SEE REMARKS BELOW 17 O er fy nd return a.NOT FOUND because - m unable to locate the individual, company, etc named above. (See remarks below.) 18. TIT O INDIVI L E S HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 pwj of Service 20 Time of Service _ 21. A EMPTS Date ime Mil's Int. Date Time Miles Inl Date Time Miles Int Date Time Miles Int. Date Time Miles Inl Date Time Miles Int 22. REMARKS 23. Advance Costs 24 rice Costs 25 N/F 26 Mileage 27 Postage ,Sub T 29 Pound 30 Notary 31 Surchg 32 Tot. Costs 33 Cost Due e(und Check No 66 ?P 1 q 7 1100.00 - -? 4 100 e 1a 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMEA t i S NS RS . a ®"A"$ L P 44 Si nature of 42 1 day NO . g Dep. Sheriff 45 E t IARALSEJQ?XNOTARY LISA L. BOWMAN NOTARY P 46. Signature of York Sheriff nt C 47 DATE , UBLIC CITY OF YORK YORK C ou y , OUNTY MY CO'! PiISS(ON rXP;RES WILLIAM M HOSE, SHERIFF,,,- ? 8/23/06 AUG. 12, 2009 ?. 48 Signature of Foreign --J 49 GATE County Sheriff : ? 50 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. vm'TE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Shenfrs office 1 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT UNION, PLAINTIFF VS. SANDRA L. WEBB, CHARLES W. WEBB and CHRISTOPHER W. WEBB, DEFENDANTS CIVIL ACTION CASE NO. 06-4624 Civil Term MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of Members 1St Federal Credit Union, Plaintiff, and against Defendants, Sandra L. Webb, Charles W. Webb, and Christopher W. Webb, in the amount of $126,403.88, plus interest at the rate of $16.83 per day, from July 22, 2006, through the date of Judgment entered hereon and thereafter through the date of payment, including on and after the date of entry of judgment in rem on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 1037(b) for failure to file a pleading to Plaintiffs Complaint which contained a notice to defend within twenty (20) days of service thereof and after a 10-day Notice was sent. Pursuant to Pa. R.C.P. No. 237.1, I hereby certify that a ten-day notice of intention to file the praecipe to enter judgment by default was sent by United States Mail, First Class, with a certificate of mailing to each of the parties against whom judgment is to be entered and to such party's attorney of record, if any. Copies of the notices and Postal Forms 3817 are attached hereto and marked Exhibits "A" and "B", respectively. Respectful) bmittyd, GATES, f BR & TCH, P.C. Date: 9/27/2006 By: Matthew J. Eshelman, Esquire Supreme Court ID #72655 1013 Mumma Road, Suite 100 Lemoyne, Pennsylvania 17043 (717) 731-9600 Fax 731-9627 Attorney for Plaintiff 1 1 ` IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT UNION, CIVIL ACTION PLAINTIFF CASE NO. 06-4624 Civil Term vs. SANDRA L. WEBB, CHARLES W. WEBB and CHRISTOPHER W . W EBB, DEFENDANTS MORTGAGE FORECLOSURE 10 DAY NOTICE TO: SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants 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 YOU YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17015 (717) 249-3166 Respectfully Submitted, Date: September 12, 2006 C(Npw GA H) By: 40 Matt J. I EXHIBIT A & HATCH, P.C. Esquire ID#72655 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOE.SNOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Gat"es, ffalbruner Hatch.. PC, 1013 JU> m m 1C? a r , Lemoyne, PA 17043 One piece of ordinary mail addressed to: M I Ilri"i-t"• E-? ?- lu?Ck??l Y1tC nirCllt? PA 17(-55 PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for C9rrent- fee, r U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Gates, , P .e. 1013 Mumma Load, Brute 100 Lemoyne, PA 17043 One piece of ordinary mail addressed to: • l{u:--tom ? ,.?f??h?? 3S C 0 oxc'. r l,?t tJ C PS Form 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Li u.o. rwr.a. ??... MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES.NOT PROVIDE FOR INSURANCE-POSTMASTER 4 Received From: Hale , 1013 Mumma moyne, PA 17043 One piece of ordinary mail addressed to: ?c r?cl r? w" bti 1Y E 1 r-htr %A A - i `705 PS Form 3817, Mar. 1989 EXHIBIT Affix fee here in stamps or meter postage and post mark. Inquire of ";>." i" Postmaster for c6I`fPrtt'.1 a or- TI) ?` . i tA.7 faJ 7? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 MEMBERS 1 IT FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06 - 4624 Civil Term SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, CIVIL ACTION -LAW Defendants MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Pursuant to Rule 3256, kindly issue Writ of Execution in the above matter: Amount due Interest from July 22, 2006 Costs Date: June 6, 2007 $126,403.88 $16.83 per diem to be added Matthew J. Eshelman, Esquire, Pa Id. 72655 P.O. Box 1080, Camp Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1St F.C.U. X--) OX l 4- 4 to y' \ J4. q.3 t "(. ? Q c ? c ? c 1 w w w 1 ? t'7 an 0 _ -n CN >? % "i) Y i Lo J . Vl Us S m r Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From SANDRA L. WEBB, CHARLES W. WEBB, AND CHRISTOPHER W. WEBB (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 $126,403.88 Interest FROM 7/22/06 - $16.83 PER DIEM L.L. $.50 Atty's Comm % Atty Paid $213.29 Plaintiff Paid Date: JUNE 6, 2007 Due Prothy $2.00 Other Costs R. Long, Prothonotary (Seal) Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: P.O.BOX 1080 CAMP HILL, PA 17001-1080 Attorney for: PLAINTIFF Telephone: 717-395-8503 Supreme Court ID No. 72655 6 MEMBERS 1sT FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1St Federal Credit Union, 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 consisting on that tract of land together with the buildings and improvements erected thereon located in Mechanicsburg Borough, Cumberland County, Pennsylvania, known and numbered as 115 East Marble Street, Mechanicsburg, Pennsylvania. 1. Name and address of owners or reputed owners: VS. SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants Sandra L. Webb 115 East Marble Street Mechanicsburg, PA 17055 : NO. 06 - 4624 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE Christopher W. Webb 115 East Marble Street Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Sandra L. Webb Christopher W. Webb Charles W. Webb 115 East Marble Street 115 East Marble Street 35 Corvair Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Dillsburg, PA 17019 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None. 7 5. Name and address of every other person who has any record lien on the property: Borough of Mechanicsburg Cumberland County Tax Claim Bureau 36 West Allen Street One Courthouse Square Mechanicsburg, PA 17055 Carlisle, PA 17013 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. 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 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Members 1St Federal Credit Union, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities. Date: June 6, 2007 Matthew J. Eshelman, Esquire, Pa Id. 72655 P.O. Box 1080, Camp Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1" F.C.U. [..? ? D C? --3 =r ? ? ?.?- n r` ?•. i ? a ? - stir ..? i'i"l -f? ty+' r,f. y (J? , ?{ClJ `_ ?? --1^ _`_ T MEMBERS 1sT FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants NO. 06 - 4624 Civil Term CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Sandra L. Webb 115 East Marble Street Mechanicsburg, PA 17055 TAKE NOTICE: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Christopher W. Webb Charles W. Webb 115 East Marble Street 35 Corvair Drive Mechanicsburg, PA 17055 Dillsburg, PA 17019 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: the following tracts of land together with the buildings and improvements erected thereon located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania known as 115 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Members 1 st Federal Credit Union vs. Sandra L. Webb, Charles W. Webb, and Christopher W. Webb, 06 - 4624 Civil Term, in the amount of $126,403.88, plus interest from July 22, 2006, at $16.83 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of these properties are: Sandra L. Webb and Christopher W. Webb. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland Lawyer Referral service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: June 6, 2007 Res ec lly u mitte , 1 Matthew J. Eshelman, Esquire, Pa Id. 72655 P.O. Box 1080, Camp Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1St F.C.U. C?5 ? ?? O ? ? t t I r ? ? ?` +? ? ! " C.f? ? r _ ? t? j ' .r- m f_ ,-: ?? .. ., t? -.?; MEMBERS I" FEDERAL CREDIT UNION, : Plaintiff vs. SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 4624 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Date: June 6, 2007 Matthew J. Esheln n, Esquire, Pa Id. 72655 P.O. Box 1080, C p Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1St F.C.U. C? ?-. ? -n ,_.l.... e G.. ?? t__; .. L:;? ?.. . , "L7 ?? r - ?? ? i`?Z '? Members 1 st Federal Credit Union In the Court of Common Pleas of VS Cumberland County, Pennsylvania Sandra L. Webb, Charles W. Webb and Writ No. 2006-4624 Civil Term Christopher W. Webb Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2007 at 2102 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Sandra L. Webb and Christopher W. Webb, by making known unto Sandra Webb, personally and wife of Christopher W. Webb, at 115 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Charles W. Webb, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. York County Return: And Now, July 5, 2007 at 1618 hrs served the within Real Estate Writ, Notice of Sale and Description upon the within named defendant, to wit: Charles W. Webb, by handing to him personally and making known unto him the contents thereof at 35 Corvair Drive, Dillsburg, PA 17019. So answers: William Hose, Sheriff of York County, PA. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1433 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 Sandra L. Webb, Charles W. Webb and Christopher W. Webb located at 115 East Marble Street, Mechanicsburg, 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 defendants, to wit: Sandra L. Webb and Christopher W. Webb, by regular mail to their last known address of 115 East Marble Street, Mechanicsburg, PA 17055. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. 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: Charles W. Webb, by regular mail to his last known address of 35 Corvair Drive, Dillsburg, PA 17019. This letter was mailed under the date of July 20, 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 letter of request from Attorney Eshelman. Sheriff s Costs: Docketing 30.00 Poundage 24.11 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 40.00 Out of County 9.00 York County 44.83 Law Journal 497.00 Patriot News 482.39 Postpone Sale 20.00 Share of Bills 15.69 $1229.72 ? ???c -7/0 So Answers: R. Thomas Kline, Sheriff BY Real Estate geant 91 10 17, 5 , ? - r r MEMBERS 1sT FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants 06 - 4624 Civil Term NO . .t~7 c.._ --+ CIVIL ACTION - LAW MORTGAGE FORECLOSURE r AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1st Federal Credit Union, 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 consisting on that tract of land together with the buildings and improvements erected thereon located in Mechanicsburg Borough, Cumberland County, Pennsylvania, known and numbered as 115 East Marble Street, Mechanicsburg, Pennsylvania. 1. Name and address of owners or reputed owners: Sandra L. Webb 115 East Marble Street Mechanicsburg, PA 17055 Christopher W. Webb 115 East Marble Street Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Sandra L. Webb Christopher W. Webb Charles W. Webb 115 East Marble Street 115 East Marble Street 35 Corvair Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Dillsburg, PA 17019 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None. 5. Name and address of every other person who has any record lien on the property: Borough of Mechanicsburg Cumberland County Tax Claim Bureau 36 West Allen Street One Courthouse Square Mechanicsburg, PA 17055 Carlisle, PA 17013 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. 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 Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, Esquire, attorney for the Plaintiff, Members 1St Federal Credit Union, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully su Date: June 6, 2007 Matthew J. Eshelman, Esquire, Pa Id. 72655 P.O. Box 1080, Camp Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1St F.C.U. '' I MEMBERS 1sT FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. SANDRA L. WEBB, CHARLES W. WEBB, and CHRISTOPHER W. WEBB, Defendants NO. 06 - 4624 Civil Term CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: Borough of Mechanicsburg 36 West Allen Street Mechanicsburg, PA 17055 Sandra L. Webb 115 East Marble Street Mechanicsburg, PA 17055 TAKE NOTICE: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Christopher W. Webb Charles W. Webb 115 East Marble Street 35 Corvair Drive Mechanicsburg, PA 17055 Dillsburg, PA 17019 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 5, 2007 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: the following tracts of land together with the buildings and, improvements erected thereon located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania known as 115 East Marble Street, Mechanicsburg, Cumberland County, Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: Members I" Federal Credit Union vs. Sandra L. Webb, Charles W. Webb, and Christopher W. Webb, 06 - 4624 Civil Term, in the amount of $126,403.88, plus interest from July 22, 2006, at $16.83 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of these properties are: Sandra L. Webb and Christopher W. Webb. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland Lawyer Referral service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: June 6, 2007 Matthew J. Eshelman, Esquire, Pa Id. 72655 P.O. Box 1080, Camp Hill, PA 17001-1080 (717) 395-8503 M.Eshelman@hotmail.com Attorneys for Movant, Members 1St F.C.U. ALL THAT CfRMM .lot .of ground situate on the North side - of East marble street in the second Wardrof the Borough of Ywehanicsburg, County of Cumberland, and State of Penrr Sylvania, i:ounded and described as follows, to wits BEGINNING at a point in the Northern atrvmat line cf East Marble Street, corner of Lands, now or formerly, of William K.••Sponsler and Charlotte S. Sponsier, his wife, which said point is also fifty-nine (59) feet, measured in an easterly direction, from the norttr- east corner'of said East Marble Street artd ot public allay; thence along said NOrthern VL eet line of fast Marble Street in an easterly direction sixty-one (61) feet to a point on the division line between lots Nos. 26 and 27 on the hereinafter menti.ormd plan of Lots; thence along said division lime between lots Nom. 26 and 27 In a northerly direction one hundred forty (140) feet to a paint in the Southern line of•a public alley; thence along said Southern line of said public alley in a westerly direction sixty-one (61) feet to a point on the tine of lanai, now or fvmnriy, of Willim K, sponsler and Charlotte S. SFonsler, his wife, aforesaid; thence along said line of lands, now or fowerly, of William K. Sponsler and Charlotte S. Sponslcr, his wife, in a southerly dixection'and at right angles to said south line of the aforaftntioncd alley, one hundred forty (140) feet to a point in the Northern street line of East Marble street, aforesaid, at the place of BEGYMM. B£im all of Lots Nos. 26 and a and the eastern one (1) foot of Lot No. 24 on a Certain Plait of Lots laid art by W.A. Thomas and known as Tower Hill Park, which said plan of Lots "is recorded inthp offieo of the Recorder of Deeds of Cumberland County, PA, jnPlan Hook No. 1, page 36. EAVj.NG, TSEPIM EREMM a masonry dwaliing house known and numbered as 115 East Marble Street, Medmnicsburg, Pennsylvania. BEING the Same premiang which Marquerite S. Garzett, single woman, by Deed dated March 30, 1956, recorded march 31, 1956, is the office of the Recorder of Deeds in' and for cmberiand county in Deed Hoak B, Volume 17, page 185, granted and conveyed unto Ray H. Eckerd and Nora S. Eckcrd,• his wife. AMID BEING the same prmisee which Ray H. Eckerd by Ronald C. Eckerd, his attorney-in- ' fact, by his Deed datod Ausozt 20, 1984, wo=rded August 21, 1984, in the Office of i the Recorder of Deeds in and for Cumberland County in Deed Bmk V, Volume 30, Page ?• 1106, granted and conveyed unto Nora s. Eckerd, AND TEM SAID Ray K. Eckerd died on 5eptwber 21, 1984. WRIT OF EXECUTION and/or ATTACHMENT a COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From SANDRA L. WEBB, CHARLES W. WEBB, AND CHRISTOPHER W. WEBB (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 $126,403.88 L.L. $.50 Interest FROM 7/22/06 - $16.83 PER DIEM Atty's Comm % Atty Paid $213.29 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JUNE 6, 2007 (Seal) Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: P.O.BOX 1080 CAMP HILL, PA 17001-1080 Attorney for: PLAINTIFF Telephone: 717-395-8503 Supreme Court ID No. 72655 Real Estate Sale # 54 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 115 East Marble Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: Real Estat ergeant L 1l :Z d L- ? dlr LOOZ _! : t-- 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of July and the 1st day(s) of August 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 #54 r Sworn to and subscribed i SMMWxdof e a1 srie ,t i' lawt mss, 0/0 Notarial Seal Terry L Russell, Notary Public City Of Harrisburg, Dauphin County 111Ay Commission Expires June 6, 2010 Aseoclatinn of Nntndol PUBLIC 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 COMMONWEALTH 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: July 20, July 27, and August 3, 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. 54 Writ No. 2006-4624 Civil Members 1st Federal Credit Union vs. Sandra L. Webb, Charles W. Webb and Christopher W. Webb Atty.: Matthew Eshelman DESCRIPTION ALL THAT CERTAIN lot of ground situate on the North side of East Marble Street in the Second Ward of the Borough of Mechanicsburg, County of Cumberland, and State of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point in the Northern street line of East Marble Street, comer of lands now or for- merly, of William K. Sponsler and Charlotte S. Sponsler, his wife, which said point is also fifty-nine (59) feet, measured in an easterly direction, from the northeast corner of said East Marble Street and a public alley; thence along said Northern street line of East Marble Street in an easterly direction sixty-one (61) feet to a point r Lis Marie Coynrditor SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubNc CARLISLE BORO, CUMBERLAND COUNTY My Commlalon Explres Apr 28, 2010