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HomeMy WebLinkAbout06-5440PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 116722 MANUFACTURERS & TRADERS TRUST COURT OF COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM V. NO. (No --SM L v L CUMBERLAND COUNTY RAYMOND R. PECHT, JR. A/K/A RAYMOND R PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE 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 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 116722 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 116722 Plaintiff is MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: RAYMOND R. PECHT A/KJA RAYMOND R PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/09/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1840, Page: 3224. By Assignment of Mortgage recorded 08/03/2004 the mortgage was Assigned To WASHINGTON MUTUAL BANK, FA which Assignment is recorded in Assignment Of Mortgage Book: 710 Page: 2143. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 116722 6. The following amounts are due on the mortgage: Principal Balance $86,453.52 Interest 4,851.00 11/01/2005 through 09/11/2006 (Per Diem $15.40) Attorney's Fees 1,250.00 Cumulative Late Charges 422.00 10/09/2003 to 09/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 93,526.52 Escrow Credit 0.00 Deficit 1,562.86 Subtotal $ 1,562.86 TOTAL $ 95,089.38 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,089.38, together with interest from 09/11/2006 at the rate of $15.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. 7AWRENCE MS/Francis ALLINAN & SCHMIEG, LLP By: S. Halli an T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 116722 LEGAL DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. BEING known as 4 Scrafford Street. BEING THE SAME REAL ESTATE WHICH Forest N Myers and Rebecca Pollard Myers, formerly known as Susan R Myers, his wife, by deed dated October 09, 2003, and intended to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, immediately prior to the recording of this Mortgage granted and conveyed to Raymond R Pecht II, and Richard W Pecht, Mortgagors herein File #: 116722 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. " " Ob DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff vs. RAYMOND R. PECHT, JR., A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 06-5440-CIVIL, TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & CHMIEG, LLP By. S FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: October 17, 2006 /jmr, Svc Dept. File# 116722 C7 ? d a --n • ?.-? It + /"S r n ? ? ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PECHT RICHARD but was unable to locate Him in his bailiwick. He therefore returns the / ,-NARTIT T TTTT WAnn R' VnDv the within named DEFENDANT , PECHT RICHARD 4 SCRAFFORD STREET , NOT FOUND , as to SHIPPENSBURG, PA 17257 DEFENDANT IS LIVING IN FLORIDA. Sheriff's Costs: So answers '--? ??.. Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 09/21/2006 ?0/bG/DG Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PECHT RAYMOND R JR A/K/A RAYMOND R PECHT the DEFENDANT , at 2033:00 HOURS, on the 20th day of September, 2006 at 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RAYMOND PECHT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ?// , ?-;! Service 18 .4 8 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 46.48./ 09/21/2006 /0"6/04 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By before me this day Deputy Sherif of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PECHT RICHARD was served upon the DEFENDANT , at 1810:00 HOURS, on the 1st day of November-, 2006 at 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RAYMOND PECHT JR by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 35.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 63.20./ 11/02/2006 PHELAN HALLINAN CHMIEG 1(1106 (?_ Sworn and Subscibed to By: before me this day e uty Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff VS. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 06-5440-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 21, 2007 PHELAN HALLINAN & SC G, LLP By FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 116722 Q Q' ?. ? ? t.,? ' "'ri v ivr? iT? ? ,..; ? i..?; T s? 8"' ? ? _? ?? ' ? L =t=; _ ? Ss _?,5, ?.? ?r a r -?- -?--t?'' r3 ? t31 t,as Y Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Manufacturers & Traders Trust VS. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht Richard W. Pecht Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-5440-Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Richard W. Pecht, by first class mail and certified mail to the Defendant's last known addresses, 130 Shady Road, Newburg, PA 17240 and 501 Highview Terrace S, Brandon, FL 33510 and to the mortgaged premises, 4 Scrafford Street, Shippensburg, PA 17257, posting of the mortgaged premises, 4 Scrafford Street, Shippensburg, PA 17257, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Richard W. Pecht, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 4 Scrafford Street, Shippensburg, PA 17257. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Co-Defendant indicated Richard W. Pecht is residing in Florida. 2. The Sheriff of Cumberland County also attempted to serve the Defendant, Richard W. Pecht, at 130 Shady Road, Newburg, PA 17240. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the Defendant does not reside at this address. 3. The Sheriff made additional attempts to serve the Defendant, Richard W. Pecht, at the mortgaged premises, 4 Scraffard Street, Shippensburg, PA 17257 and served the Co-Defendant as adult-in-charge of residence. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "C". 4. However, this service will not be taken as valid service given the information Plaintiff received that Richard W. Pecht is residing in Florida. 5. Plaintiff, by way of Private Process Server, attempted to serve the Defendant, Richard W. Pecht, at 501 Highview Terrace S, Brandon, FL 33510. As indicated by the Affidavit of Service attached hereto as Exhibit "D", the Defendant does not reside at this address. 6. Pursuant to Pa. R.C.P. 4305 Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "E". 7. Plaintiff contacted the Prothontary's Office and as of May 9, 2007, there has been no other ruling on this case. 8. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on April 25, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs April 25, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit' F" 9. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of May 9, 2007 to bring loan current. 10. Plaintiff submits that it has made a good faith effort to locate the Defendant, Richard W. Pecht but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP B - Danie c ieg, Esquire Attorneys for Plaintiff Date: May 9, 2007 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff Manufacturers & Traders Trust Court of Common Pleas Civil Division vs. Cumberland County Raymond R. Pecht, Jr., No. 06-5440-Civil Term a/k/a Raymond R. Pecht Richard W. Pecht MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis. 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Returns of Service, marked hereto as Exhibit "A", "B" and "C" as well as Plaintiff's Process Server's Affidavit of Service attached hereto as Exhibit "D", personal service could not be completed. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "E". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: May 9, 2007 " << SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PECHT RICHARD but was unable to locate Him in his bailiwick. He therefore returns the ,`4^1Lff"T T TATM wxr%nm 'Onnl + the within named DEFENDANT , PECHT RICHARD 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 DEFENDANT IS LIVING IN FLORIDA. Sheriff's Costs: Docketing Service Not Found Surcharge NOT FOUND , as to So answers:-, - ?" 6.00 /yy .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 09/21/2006 Sworn and Subscribed to before me this day of A. D. axhibi4 $ SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PECHT RICHARD but was. unable to locate Him in his bailiwick. He therefore returns the n^*ffnT 'A T'KTrrr _ M(1DT Wn'pp , NOT FOUND , as to the within named DEFENDANT 1'?o SHADY ROAD PECHT RICHARD NEWBURG. PA 17240 STOLTZFUS, CURRENT RESIDENT, HAS BEEN THERE FOR OVER 6 MONTHS. t Sheriff's Costs: So ;answers- Docketing 18.00 Service 20.16 Not Found 5.00 R. Thom s ine surcharge 10.00 Sheriff of Cumberland County .00 53.16 PHELAN HALLINAN SCHMIEG 03/15/2007 .:? Sworn and Subscribed to before me this day of A.D. Exhi N+- C SHERIFF'S RETURN - REGULAR CASE NO: 2006-05440 P COMMONWEALTH OF PENNSYLVANIA:, COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PECHT RICHARD DEFENDANT the at 1810:00 HOURS, on the 1st day of November , 2006 at 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to RAYMOND PECHT JR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 35.20 Affidavit .00 Surcharge 10.00 nn V _j . G V Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/02/2006 PHELAN HALLINAN CHMIEG By: V e]?uty S eriff A.D. was served upon SHERIFF'S RETURN - REGULAR CASE NO: 2006-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PECHT RICHARD the DEFENDANT at 1810:00 HOURS, on the 1st day of November , 2006 at 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to RAYMOND PECHT JR, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 35.20 .00 10.00 R. Thomas Kline .00 63.20 11/02/2006 PHELAN HALLINAN CHMIEG By: day ebuty Sheriff A.D. was served upon RAV-ib;- b AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (JMR) MANUFACTURERS & TRADERS TRUST Plaintiff TYPE OF ACTION Vs. XX Mortgage Foreclosure RAYMOND R. PECHT, JR., A/KJA RAYMOND R. PECHT RICHARD W. PECHT XX Civil Action Defendants NO. 06-5440-CIVIL TERM File Number116722 SERVE AT: 501 HIGHVIEW TERRACE S BRANDON, FL 33510 Served and made known to RICHARD W. PECHT, Defendant on the _ day of 20___, at o'clock, _. M., at City in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is ,Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) -Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. Other: I, , A Private Process Server and competent adult, being duly sworn according to law. depose and state that I personally handed to a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this day Served By: Of , 20`. Notary: NOT SERVED On the day of OG71-498E7 , 20P4 at _//: -30 o'clock ,k.M., Defendant NOT FO D because: Unknown No Answer Vacant Moved kor Other: ,Q/-a FITA 444,y? mts Lj/w Mo"Grae Sworn to and subscribed Before me the Vf day Of&teilfC , 2006 Nota F FRED R. WENDUNG commissioN # DO 206482 ` Eit?iRES: May 25.2007 ?taaq? D ASSW. Co. Not Served By: .? Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 (-70 Exhf bit E FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 116722 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Raymond R. Pecht II & Richard W. Pecht Property Address: 4 Scrafford Street, Shippensburg, PA 17257 Possible Mailing Address: (Raymond R. Pecht 11) 130 Shady Road, Newburg, PA 17240 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Raymond R. Pecht II - xxx-xx-3585 Richard W. Pecht - xxx-xx-4897 B. EMPLOYMENT SEARCH Raymond R. Pecht II & Richard W. Pecht - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Raymond R. Pecht II reside(s) at: 4 Scrafford Street, Shippensburg, PA 17257 & Richard W. Pecht reside(s) at: 130 Shady Road, Newburg, PA 17240. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Raymond R. Pecht II reside(s) at: 4 Scrafford Street, Shippensburg, PA 17257, however had no listing for Richard W. Pecht. On 04-19- 07 our office made several telephone calls to the subject's phone number (717) 532-7070 and received the following information: no answer. B. On 04-19-07 our office made a telephone call to the phone number (717) 423-5281 and received the following information: disconnected. On 04-19-07 our office made a telephone call to the phone number (717) 259-3731 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 04-19-07 our office made several phone calls in an attempt to contact Sherry Sterner (717) 530- 8040, 2 Scrafford Street, Shippensburg, PA 17257: answering machine. On 04-19-07 our office made a phone call in an attempt to contact James R. Hoover (717) 532-9962, 7 Scrafford Street, Shippensburg, PA 17257: spoke with an unidentified male who could not confirm that the subjects reside(s) at 4 Scrafford Street, Shippensburg, PA 17257. On 04-19-07 our office made several phone calls in an attempt to contact Michael D. Reed (717) 532- 5973, 8 Scrafford Street, Shippensburg, PA 17257: answering machine. On 04-19-07 our office made several phone calls in an attempt to contact Mary Lou Shew (717) 423- 6103,120 Shady Road, Newburg, PA 17240: no answer. On 04-19-07 our office made several phone calls in an attempt to contact Stanley L. Mathna (717) 423-6185,123 Shady Road, Newburg, PA 17240: no answer. On 04-19-07 our office made several phone calls in an attempt to contact Darwin W. Goshorn (717) 423-6400,129 Shady Road, Newburg, PA 17240: answering machine. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-19-07 we reviewed the National Address database and found the following information: Raymond R. Pecht II - 4 Scrafford Street, Shippensburg, PA 17257 & Richard W. Pecht -130 Shady Road, Newburg, PA 17240. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Raymond R. Pecht 11) 130 Shady Road, Newburg, PA 17240. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Raymond R. Pecht II & Richard W. Pecht. VI. OTHER INQUIRIES A. DEATH RECORDS As of 04-19-07 Vital Records and all public databases have no death record on file for Raymond R. Pecht II & Richard W. Pecht. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Raymond R. Pecht II & Richard W. Pecht residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Raymond R. Pecht II - 04-11-1972 Richard W. Pecht - 07-15-1944 * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relatin to unworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 19th day of April, 2007. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibi+ F PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 25, 2007 Richard W. Pecht 201 Highview Terrace S Brandon, FL 33510 RE: Manufacturers & Traders Trust vs. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht and Richard W. Pecht Premises Address: 4 Scrafford Street, Shippensburg, PA 17257 Cumberland County, No. 06-5440-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 2, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 25, 2007 Richard W. Pecht 4 Scrafford Street Shippensburg, PA 17257 RE: Manufacturers & Traders Trust vs. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht and Richard W. Pecht Premises Address: 4 Scrafford Street, Shippensburg, PA 17257 Cumberland County, No. 06-5440-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 2, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department Representing Lenders in Pennsylvania and New Jersey April 25, 2007 Richard W. Pecht 130 Shady Road Newburg, PA 17240 RE: Manufacturers & Traders Trust vs. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht and Richard W. Pecht Premises Address: 4 Scrafford Street, Shippensburg, PA 17257 Cumberland County, No. 06-5440-Civil Term Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 2, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Ricco For Daniel G. Schmieg, Esquire w L o ? s l 7013 dlL WOSA 0311M - L 06Z sz adV o Los Lzaooo AWN S VU zo S3AW9 A3NAM asrs®. C 4"` f?? I ti o Q ? ? ? N cM+i O 0 ° C7 0 au CS ? q CQ b 00 On z ? oN tt GA ? ,n :? , , ? cu o. vUi t ai ^c3 v H '? ? ? a cn a' aG a" cq o „ ? .> y '3 "V ch U ? U rJ 4 ei cd z r p.; , C? ao °a ?r z 4^ iu v v4° v (1.1 d bC ? ? ?., O O cn ? pp Q+N? Z? 466 wi's ? U N ? .,;? p U b c-ad td N p ? u O y U b N 'C3 y Y y •? F 5t°Q on 141 ° ono -+5 o a o? 3 d W H M ?+ ^, N Its et y ? a Z,? o w 0 v ,o aW E' ? U N N ? U J L o. o ° p p v Z Aw .d o? N z y F°- ow m VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Hallin n & Sch?mieg, LLP Daniel G. Sc ieg, Esquire Attorney for Plaintiff May 9, 2007 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Manufacturers & Traders Trust VS. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht Richard W. Pecht Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-5440-Civil Term CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Richard W. Pecht: 4 Scrafford Street, Shippensburg, PA 17257 130 Shady Road, Newburg, PA 17240 501 Highview Terrace S, Brandon, FL 33510 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Ili ?Schmie??LLP V: c ieg, Esquire Date: May 9, 2007 Attorney for Plaintiff 4.«J t'A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff vs. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 06-5440-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: May 9, 2007 LAN HALLINAN & C , LLP By: S- F NCIS S. HALL AN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jmr, Svc Dept. File# 116722 F 'C1 q- ll „? b r ? =cam T ? .e W w MANUFACTURERS & TRADERS TRUST, PLAINTIFF V. RAYMOND R. PECHT, JR., A/K/A RAYMOND R. PECHT, RICHARD W. PECHT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5440 CIVIL ORDER OF COURT AND NOW, this 15th day of May, 2007, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430 and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant Richard W. Pecht have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint and all future pleadings on Defendant Richard W. Pecht by posting a copy of the Complaint upon the premises at 4 Scrafford Street, Shippensburg, PA 17257; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known addresses at 130 Shady Road, Newburg, PA 17240, 501 Highview Terrace S., Brandon, FL 33510 and 4 Scrafford Street, Shippensburg, PA 17257. 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania and a newspaper of general circulation in Brandon, Florida; t,1 - t i `,i yw?; E S :2!4 9 1 ?VH L 0 0 Z D, G]RIJ I -W 4. All future service of legal papers, including but not limited to motions, petitions and rules be made by certified and regular mail to Defendant's last known addresses by sending copies of same to Defendant's last known addresses by certified and regular mail. By the Court, ? -? (?A A ?/ M. L. Ebert, Jr., I Ol J. ,,E5/aniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff's Office tP!k bas ,,,4 C?Mo-rk gg PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff VS. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 06-5440-CIVIL TE PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: June 5, 2007 /jmr, Svc Dept. File# 116722 ? o O r.? C) r7l PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Manufacturers & Traders Trust Plaintiff vs. Raymond R. Pecht, Jr., a/k/a Raymond R. Pecht Richard W. Pecht Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 06-5440-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Richard W. Pecht at 4 Scrafford Street, Shippensburg, PA 17257,130 Shady Road, Newburg, PA 17240 and 501 Highview Terrace S, Brandon, F133510 on June 5, 2007, in accordance with the Order of Court dated May 15, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: June 5, 2007 r? - ILU - FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 7160 3901 9845 0725 3774 7160 3901 9845 0725 3767 TO: RICHARD W. PECHT T0: RICHARD W. PECHT 4 SCRAFFORD STREET 130 SHADY ROAD SHIPPENSBURG, PA 17257 NEWBURG, PA 17240 SENDER: SENDER: JMR JMR REFERENCE: 116722 REFERENCE: 116722 PS Form 3800 Janua 2005 PS Form 3800 Janus 2005 RETURN P08" 41 RETURN Postage 41 RECEIPT Certified Fee 2 65 RECEIPT SERVICE Certified Fee SERVICE Return Receipt Fee ? 15 Return Receipt Fee 9 15 Restricted Delivery A ()n Restricted Delivery () 00 TOW Postage 3 Fees Total Postage & r% 1) 1 'i US Postal Service `. POSTMARIS?f DA US Postal Service POSI MA„ItX!`DA Receipt for ? ® Receipt for J ertified Mail R -? Certified Mail 11 OR, ; r Y 4 5 No Insurance coven" Provided 'K y No Insurance Coverage Provided X43 - A ° 11 i Do Not Use for International Mail ? 7 ? Do Not Use for International Mail n ---------- I -- -- ----------- ------------------------------------------ 1 7160 3901 9845 0725 3750 TO: RICHARD W. PECHT 501 HIGHVIEW TERRACE S BRANDON, FL 33510 SENDER: JMR REFERENCE: 116722 PS Form 3800 Janus 2005 RETURN P9e RECEIPT Certified Pee SERVICE Return Receipt Fee i Restricted Deltvery Total Postage & Fees { US Postal Service i Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail 9 dt? ?- l61t71^ ?n° s s C7 e C-I c) .i _ ... SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PECHT RICHARD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT PECHT RICHARD 130 SHADY ROAD NEWBURG, PA 17240 STOLTZFUS, CURRENT RESIDENT, HAS BEEN THERE FOR OVER 6 MONTHS. Sheriff's Costs: So answers: Docketing 18.00 Service 20.16 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County ?Ja3f ??? ? 53.16 Sworn and Subscribed to before me this day of PHELAN HALLINAN SCHMIEG 03/15/2007 A. D. r Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Manufacturers & Traders Trust VS. Raymond R. Pecht, Jr. a/k/a Raymond Pecht Richard W. Pecht : Court Of Common Pleas : Civil Division : Cumberland County : No. 06-5440-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated May 15, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on June 8, 2007, The Tampa Tribune on June 12, 2007 and The Cumberland County Law Journal on June 15, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Fr cis S. Hallinan, squire Date: July 6, 2007 Jason Ricco Service Dept. r PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 08, 2007 COPY OF NOTICE OF PUBLICATION N/ Til[?t O?li ? %CMWNALLAW t ataraa ?+dera Trust COIJRT OF COMMON -, ? ., vs CfVn' DIV[WN FMtymond`R. PWI, Jr." t Raytrarrd tR. t tf C~RLANt) COUNTY R"ard W. Peet .. ,, NO. oks4drscwuJlraw? fto? ,1 }lu , ? ? .: r t n?;nH(11RT3Cte.$'nQ ytx3lwhetnl ?roW mii? l T ?6 r rQ pvff?2sr whomdom v ?WdO !a b l""w vo aysfrr toraby de h p 'ubrc "or a 3l rt?enl?irt0Aglge J ya } f - - - ieonw r -! - tht or by attorney ' y r !w :0- = ar4wamea that# you ail t<i 00 omwe? tRa+ 1 y a +?r be enterso aurttroli ?#?bltt - y blaintlft. You may You =y 000tvok1w 6u TMl??1Ol1C f?- CAV1iYE?AT OWE. W YOUDO AtbLttA A,_ t?OTitrD 1 Y11 OFFiG38TFORTH CAN PROHr*,V*VWTTH IN OR?AA70N ABOUT HtI* AtAVll`YSR. 4L 6MM68 TO EILIGIBLE PV"WS ATA AEDUCV) fafft A11100EE. . } OUtAeIfiA1.3CQEi? ? ..:; CrlJWt tE CATION' Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 12th, day of Tune, 2007. Notary PulAyc My commission expires: ltv COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Waft, Notary Public Cadisle Boro, Curnberlaand County My Conxnission Expires Sept 1.2008 Member. Pennsylvania Association Of Notaries i The Tampa Tribune Published Daily Tampa, Hillsborough County, Florida State of Florida } County of Hillsborough } SS. Before the undersigned authority personally appeared J. Lantaigne , who on oath says that she is the Advertising Accounting Supervisor of The Tampa Tribune, a daily newspaper published at Tampa in Hillsborough County, Florida; that the attached copy Legal Ads IN THE Tampa Tribune In the matter of Legal Notices was published in said newspaper in the issues of 06/12/2007 Affiant further says that the said The Tampa Tribune is a newspaper published at Tampa in said Hillsborough County, Florida, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each day and has been entered as second class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, this advertisement for publication in the saio,?ewspaper. /'1 Sworn to and subscribed by me, this of June, A.D. 2007 `pgr a?' Ana Maria Hodel -_: •? .Commission #DD551367 Expires: MAY 11, 2010 www_AARw%NnTAAY m r Order # 0002159386 Personally Known or Produced Identification _ Type of Identification Produced 1217102 -- FULL SPECTRUM SERVICES, IN w 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 June 15, 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. r O?L Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 15 day of June, 2007 CNotary NOTARIAL " CX800 H A Cou1Ni CM W TORO, CUM MUM Comm My C NIN16 on &PkftApr U, 5010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania CIVIL ACTION-LAW Manufacturers & Traders Trust VS. Raymond R. Pecht, Jr. a/k/a Raymond R. Pecht, Richard W. Pecht COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-5440-CIVIL TERM NOTICE TO Richard W. Pecht: You are hereby notified that on September 26, 2006, Plaintiff, Manufacturers & Traders Trust, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Penn- sylvania, docketed to No. 06-5440- civil term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 4 Straf- ford Street, Shippensburg, PA 17257 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 15 16 r-a Q -n ? - -, rt- ° --r .?. i,. ? ti ?, ? ', r" t ',? ' ?-G SHERIFF'S RETURN - REGULAR CASE NO: 2006-05440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS PECHT RAYMOND R JR ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PECHT RICHARD DEFENDANT the , at 1005:00 HOURS, on the 12th day of June , 2007 at 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to POSTED PROPERTY AT 4 SCRAFFORD STREET SHIPPENSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 20.16 6.00 10.00 R. Thomas Kline nn (,)iFrel C,- Y 54.16 Sworn and Subscibed to before me this day of , 06/12/2007 PHELAN HALLINAN S MIEG By: /Ileputy Sheriff A.D. was served upon L 4 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 52151 563-7000 MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CIVIL DIVISION NO. 06-5440- CIVIL TERM RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT and RICHARD W. PECHT, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/12/06 to 7/23/07 TOTAL $95,089.38 $4,851.00 $99,940.38 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQU)RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: AUL'01.,o' bo? O PROTHY 116722 S• ..fJ A ?A ? .,p v \ yyJJ ?-- r n-I s PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT is over 18 years of age and resides at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. (c) that defendant RICHARD W. PECHT is over 18 years of age, and resides at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?? - Ln::? DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff ??t Cwt '+_f; --i 9. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: s ?1e.8 • axe 01% DEPUTY V If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQi?IRE Attorney for Plaintiff 11 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." -a `11 -?' r"' PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 MANUFACTURERS & TRADERS TRUST : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT : NO. 06-5440-CIVIL TERM RICHARD W. PECHT Defendants TO: RICHARD W. PECHT 501 HIGHVIEW TERRACE S F? F r il -BRANDON, FL 33510 I &9q 6P# r DATE OF NOTICE: JULY 6, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 - S PkANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff • ` PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff, V. , RAYMOND R. PECHT, JR. . A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant 0 Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff r? F• e PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT No. 06-5440- CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,940.38 Interest from 7/23/07 to DECEMBER 5, 2007 $2,218.05 and Costs (per diem -$16.43) Add'1 Costs $4,400.84 TOTAL $106,559.27 I) - Aj' ---*-- , DANIEL G. SCHMIEG, ESQO?ZE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 116722 0 H w z 1 a 44 ?"' to ? '' ? • OGU ? ?? wa VIC 1? U -? 4 a H? ?U cli C;n L _ Iii O O O UO) o DO LLA r ? r ? as a ww a ?? p a p0 )41-4 WW U cd J O 5 `:- V_ V/ DESCRIPTION Ilk ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10109/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 MANUFACTURERS & TRADERS TRUST Plaintiff, RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at A SCRAFFORD STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRIOT FEDERAL CREDIT UNION C/O DONALD L. KORNFIELD, ESQ. 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and, address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 23, 2007 DATE DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff --? r?'? _ i????= s.__.. _??;_ ? _ ??. _.. '? ?.? = ?? ?- '=."a ?.v? =G. .c t.,=; s` MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 July 23, 2007 CUMBERLAND COUNTY No. 06-5440- CIVIL TERM RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 "THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5. 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale'through other legal proceedings. r You may need an attorney to assert your rights. The sooner you contact one, the more chance will have of stopping the sale. (See notice on page two on how to obtain an attorney.) you wil -- --- t.. _ rv rvrUV ID 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property . 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAV A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be so in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sa CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r` DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5440 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAUNFACTURERS & TRADERS TRUST Plaintiff (s) From RAYMOND R. PECHT, JR A/K/A RAYMOND PECHT, RICHARD W. PECHT (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 $99,940.38 L.L. $.50 Interest from 7123/07 to 12/05/07 (per diem - $16.43) - $2,218.05 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $354.00 Other Costs $4,400.84 Plaintiff Paid Date: 7-26-07 i 5 'Cdrtis R. Long, Prothonota{o (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF t MANUFACTURERS & TRADERS TRUST DEFENDANT(S) RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT SERVE RAYMOND R. PECHT, JR. AJUA RAYMOND PECHT CUMBERLAND COUNTY No. 06-5440- CWH, TERM ACCT. #116722 Type of Action - Notice of Sheriff's Sale AT Sale Date: DECEMBER 5, 2007 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 SERVED Served and made known to Ale &Z4- 1. Defendant, on the day of .% z 200_, y at 70 o'clock Z.m., at ?c S)", ?, , Commonwealth of Pennsylvania, in the manner described below: P/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age -1 y0 Height Weight L$ Race CV Sex h-, Other I,w, a competent adult, being duly sworn according to law; ose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, ' ed in the captioned case on the date and at the address indicated above. ,?` Sworn to and subscribed before me this ? da _ of :TO 20 --rmf Notary: ??a ES PLEAS MPT SER a AT LEAST 3 TIMES. NDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: / / Time: god Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200- One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 z(67 I Ky CD J-o rz ti? A# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT NO. 06-5440- CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 4 SC'RAFFORl) STREET_ HTPPENSBi 1RG, PA 17257. S0 As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: October 24, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a representative of the plaintiff at the Sheriff c Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 116722 S co L81 3Q0Jce W021I037IM ?. LOOZ SZInr owaLZb000 OWN rot IN _= s ' 33ao° Aswm wean, N G J IL all rn 132- $ Fait o x ° o-00 U Pa U C w O V c 0? awl Ua ?. a .3? 4 0? d 0 •g cc 0 p., b t 14° z ?m z? PIZ 41 y? rp ? d V1 .? ? N 11,6 a V' ` c--a C? C ? ? -n ? ? ,j,, j ,}' ? ? t't? ,?- , ? c? ? ? €? - ?-?: _ ?_ i _ . ` - ? • ti (.3"'t Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RAYMOND R. PECHT, JR. A/K/A RICHARD R. PECHT RICHARD W. PECHT Defendant(s). NO. 06-5440 CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to RAYMOND R. PECHT, JR. A/K/A RICHARD R. PECHT & RICHARD W. PECHT on JULY 25, 2007 at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 & 130 SHADY ROAD, NEWBURG, PA 17240 & 501 HIGHVIEW TERRACE S, BRANDON, FL 33510 in accordance with the Order of Court dated MAY 15, 2007. The property was posted on JANUARY 31, 2008. Publication was advertised in CUMBERLAND LAW JOURNAL on FEBRUARY 15, 2008 & in THE SENTINEL on MARCH 1, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN LLINAN & SCHMIEG, LLP By: I , ESQUIRE Dated: March 12, 2008 7160 3901 9845 0726 3 658 4 7160 3901 9845 0721. 381.5 TO: TO: 1 . 9 RICHARD W. PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG PA 17257 1 130 SHADY ROAD NEWBURG PA 17240 , , S9kDER: TEAM4/EEA ! TEAM4/EEA SENDER: v 116722 REFERENCE: PECHT I, ; , 116722 REFERENCE. PECRT II ?" I; PS Form 3900 Jsnua 2005 1: PS Form 38 00 Jame 2005 I. 41 RETURN Postage . . j RETURN Postage RECEIPT Certified Fee S P RECEIPT Certified Fee 2.65 SERVICE 2 15 i; SERVICE 12 2 I; Retum Receipt Fee . Retum Receipt Fee . j: Restricted Delivery Restrcled Delvery I; j; Total Postage & Foes Total Postage & Fees US Postal Service POS ,? S? ? a P US Postal Service POS Receipt for a? '? `? Receipt for Q s Certified Mail IA Certified Mail No Insurance Cowmoe Provided Do Na Use for irnematiml Mail N?? No Insurance Coverage Provided Do Not Use for Intemation l MN J? N 7 a , . I, r; is - ------------ 711.0 3901 9645 072-6 3872 TO: RICHARD W. PECHT 501 HIGHVIEW TERRACE S BRANDON, FL 33 510 ?. SENDER: TEAM4/E EA r REFERENCE: 116722 PECHT i i1 PS For, 380 0 2M RETURN Postage .41 RECEIPT SERVICE Certified Fee 2.65 Retum Receipt Fee Restricted Delivery Tow Postage & Fees 5.21 i; US Postal Service POs Receipt for Certified Mail ro?a Coverage Provided No Imura Do Not Use for Intsmational Mall d ( ? _? , N?0 N` MANUFACTURERS & TRADERS TRUST, PLAINTIFF V. RAYMOND R. PECHT, JR., A/K/A RAYMOND R. PECHT, RICHARD W. PECHT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5440 CIVIL ORDER OF COURT AND NOW, this 15th day of May, 2007, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430 and it appearing to the Court that Plaintiff's good faith efforts to ascertain the present whereabouts of Defendant Richard W. Pecht have been unsuccessful, Plaintiff's Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint and all future pleadings on Defendant Richard W. Pecht by posting a copy of the Complaint upon the premises at 4 Scrafford Street, Shippensburg, PA 17257; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known addresses at 130 Shady Road, Newburg, PA 17240, 501 Highview Terrace S., Brandon, FL 33510 and 4 Scrafford Street, Shippensburg, PA 17257. 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania and a newspaper of general circulation in Brandon, Florida; 4. All future service of legal papers, including but not limited to motions; petitions and rules be made by certified and regular mail to Defendant's last known addresses by sending copies of same to Defendant's last known addresses by certified and regular mail. By the Court, ,%? t q"A A / M. L. Ebert, Jr., I G J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff's Office bas AFFIDAVIT OF SERVICE PLA114TIFF MANUFACTURERS & TRADERS TRUST DEFENDANT(S) RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT PLEASE POST TO PROPERTY AT: 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 06-5440- CIVIL TERM ACCT. #116722 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 Served and made known to 4?, /Q1c1,,2,X'cam/ `,Defendant, on the _ 7-7 7/4 day of , 200_, at " .3 0 , o'clock p .m., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. I/ Other: Description: Age Height Weight Race Sex Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed r before me this ? :_ d f . of v\ 200 V FRANKSREa j _ H . - Notary: M V311 PLEA EMPT SERVICEZATT LEAST 3 TI . INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of . 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 7Q? 1-58 f 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 February 15, 2008 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. r Coyne, SWORN TO AND SUBSCRIBED before me this 15 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ,` CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 06-5440 CIVIL TERM MANUFACTURERS & TRADERS TRUST vs. RAYMOND R. PECHT, JR. a/k/a RAYMOND R. PECHT RICHARD W. PECHT NOTICE TO: RICHARD W. PECHT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is sched- uled to be sold at Sheriffs Sale on Wednesday, APRIL 2, 2008 at 10:00 A.M., Cumberland County Court- house, South Hanover Street, Car- lisle, PA 17013, to enforce the court judgment of $99,940.38, obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee). ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the North- easterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 min- utes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaef- fer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. Being Premises 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. Improvements consist of residen- tial property. Sold as the property of RAYMOND R. PECHT, JR. a/k/a RAYMOND R. PECHT and RICHARD W. PECHT. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on MAY 2, 2008, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Feb. 15 12 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 1, 2008 COPY OF NOTICE OF PUBLICATION III LR?WgE ' ??,._. ? 1+1UP11111Bi?1?17?F16i?tJffi'r ,f 9 ' a?a<• ltk MEC3HT y ? ,fl ti ?7tt?' ?k , SYty° , 'Mlf?/ k1E lAMI11Nfit ONiiEA4 7 I tl.l yN ?7?RI? t1f1?1 ? ? kL 4i?? 1 PENSDURG. PA 3 . 6?i?19?NAFPQ!'171?E!1!; ?p!overdents °°nsiftt ?raY' ?"? - . , PECHY . Mum .=. 0900 OkLt: THw ljakw- 161W dbkb60 wA'W- rwifNd wiNMro Mn dgh FWT F. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 3=d day of March, 2008. Notary Pub (c) My commission expires: q11 /Lv COMMONWEALTH OF PENNSYLVANIA Notaft Sued Christina L. Wolfe, Notary Public Cadisle Boro. Cumberland County My Camfssw Expires Sept 1.2008 Member, Pennsylvania Association Of Notaries 05)" ". _ r:a rtv ?,° ?? i'r" ? ? "? , . r_' ,?, ? n7 ? j "" ;"C7 FT7 r-= = ? GJ -?.::1 Ta ... -•-'?_ir P77 ?.? ...ti Manufacturers and Traders Trust In the Court of Common Pleas of VS Cumberland County, Pennsylvania Raymond R. Pecht, Jr. a/k/a Raymond Pecht Writ No. 2006-5440 Civil Term And Richard W. Pecht David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2007 at 1915 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: Raymond R. Pecht, Jr. a/k/a Raymond Pecht, by making known unto Raymond Pecht personally at 4 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on August 27, 2007 at 1915 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: Richard W. Pecht, by posting the premises located at 4 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania pursuant to order of court. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1136 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 Raymond R. Pecht, Jr. a/k/a Raymond Pecht and Richard W. Pecht located at 4 Scrafford Street, Shippensburg, 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: Raymond R. Pecht, Jr. a/k/a Raymond Pecht and Richard W. Pecht by regular mail to their last known address of 4 Scrafford Street, Shippensburg, PA 17257. These letters were mailed under the date of October 12, 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 Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 17.20 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 38.40 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 355.00 Patriot News 304.19 Share of Bills 14.92 $ 877.21 So Answers: Ah4omas Klin , Sheriff BYJo Real Estate ergeant ? 446, 4- a?w (2)0 /Iv CAI 0 N MANUFACTURERS & TRADERS TRUST CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RAYMOND R. PECHT, JR. CIVIL. DIVISION A/K/A RAYMOND PECHT RICHARD W. PECHT NO. 06-5440- CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) Name PATRIOT FEDERAL CREDIT UNION C/O DONALD L. KORNFIELD, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4 SCRAFFORD STREET. SHIPPENSBURG. PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Last Known Address (if address cannot be reasonably ascertained, please indicate) 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 5. Name and address of every other person who has any record lien on the property: T Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 23, 2007 DATE \J DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff Or MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 July 23, 2007 CUMBERLAND COUNTY No. 06-5440- CIVIL TERM RICHARD W. PECEIT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEnTD A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMST PROPERTY. ** Your house (real estate) at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. w ti You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 56. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION. 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10109/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 ' , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5440 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MAUNFACTURERS & TRADERS TRUST Plaintiff (s) From RAYMOND R. PECHT, JR A/K/A RAYMOND PECHT, RICHARD W. PECHT (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 $99,94038 L.L. $.50 Interest from 7/23/07 to 12/05/07 (per diem - $16.43) - $2,218.05 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $354.00 Other Costs $4,400.84 Plaintiff Paid Date: 7-26-07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE ?5 . ss R. Long, Prothon ry By: Deputy 0 d' Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 } Real Estate Sale # 04 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 4 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: 'J. Real Esta Sergeant Ile :C - L 0:? f 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: October 26, November 2 and November 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. 4 Writ No. 2006-5440 Civil Manufacturers & Traders Trust vs. Raymond R. Pecht, Jr. a/k/a Raymond Pecht and Richard W. Pecht Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A. Scrafford, by John H. Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as S r ffnrd_S reet at the Narth_ Lisa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November 7'Z' 7 Notary tary PubOo F SRAH A COLUND201rc) CUMBERLAND EXPIMS Apr 2 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14f Patriot News Now you know CARLISLE PA 17013 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 ......... ........... Sworn to a Cdsuo'cribed befor this 30 day of November, 2007 A.D. Nota Public ' COMMONWEALTH OF PENNSYLVANIA ` Notarial Seal James L Clark, Notary Pdit Cfty Of CkXM MY Commission E> June 2, 2008 Member, Pennsylvania Assoolstlon of Nattries PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MANUFACTURERS & TRADERS TRUST Plaintiff, V. No. 06-5440- CIVIL TERM RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $99,940.38 Interest from 7/24/07 to DECEMBER 10, 2008 $8,313.58 and Costs (per diem -$16.43) Add'l Costs $7.557.80 TOTAL $115,811.76 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 116722 t- t- %n *A f Gd, ? V d a z ? v? v?? ? O? WW u N P6 Py O o W W 3 W '?' Q4 a' an ch 00 H Ot O U ?? U 45 z? Ilk 1 QT o j '? o o a a? ? c" J i1 .4c? n r M r DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 ra Q t r?? -* WRIT OF EXECUTION and/or ATTACHMENT r' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST Plaintiff (s) From RAYMOND R PECHT, JR A/K/A RAYMOND PECHT RICHARD W PECHT (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 $ 99,940.38 L.L. Interest FROM 7124/07 TO DECEMBER 10, 2008 (PER DIEM-$16.43) $8,313.58 AND COSTS Atty's Comm % Atty Paid $1,252.71 Plaintiff Paid Due Prothy $2.00 Other Costs Add'1$ 7,557.80 Date: July 8, 2008 (Seal) s "- A? 4i?-It s R. Long, Prothonotary'/-' By: n )?Cc.v Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: ONE PENN CENETER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 1 MANUFACTURERS & TRADERS TRUST V. Plaintiff, RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4 SCRAFFORD STREET. SHIPPENSBURG. PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name PATRIOT FEDERAL CREDIT UNION C/O DONALD L. KORNFIELD, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 4. Name and address of last recorded holder of every mortgage of record: ,,,, Name Jr Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. July 1, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff A , ? tea MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 06-5440- CIVIL TERM RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 130 SHADY ROAD NEWBURG, PA 17240 501 HIGHVIEW TERRACE S. BRANDON, FL 33510 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY." Your house (real estate) at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 Min N PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C3 .- C7C? A 7W,060 X TFM M 1 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) RAYMOND PECHT MANUFACTURERS & TRADERS TRUST RAYMOND R. PECHT, JR. A/K/A RICHARD W. PECHT SERVE RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT AT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 06-5440- CIVIL TERM ACCT. #116722 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 Served and made known to 1R&JAM) N D P. PEC1}7 ,s10 , Defendant, on the H4 4 day of-7 200 at x:14 , o'clockJL.m., at 104 FAST BtAP-0 ?iMVF I SµI?XIVSBu46 , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 30 S Height 511? " Weight a'A0 Race W Sex AU Other I, R6r1'/4-LD MO L t-- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. -* S. 4. I5 Y T - ?N UEST6,giTT 6g1 DI SG L" Fa -nM r DFtFf roAo'(T Swom to and sub ribed Cu ? N tL?/ 1?? S 1 DIES Q 164- E. B 1,l RD $* offore ma this Qday ?'I? I p PFNSgUa6-? ?Pr 200. NOT PI ASE ATTTSERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARRIS NOT SERVED NOTARY PUBLIC c6 1ATE OF N SEY , 200_, at o'clock _.m., Defendant NOT FOUND because: MY COMMISSI?X? Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?a0 ? -rv oil ? J Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to RICHARD W. PECHT on JULY 1, 2008 at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 & 130 SHADY ROAD, NEWBURG, PA 17240 & 501 HIGHSVIEW TERRACE S., BRANDON, FL 33510 in accordance with the Order of Court dated MAY 15, 2007. The property was posted on JULY 11, 2008. Publication was advertised in THE CUMBERLAND LAW JOURNAL on JULY 25, 2008 & in THE SENTINEL & on AUGUST 6, 2008 & in THE TAMPA TRIBUNE on AUGUST 27, 2008. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unworn falsification to authorities. P LAN HALLINAN & SCHMIEG, LLP By: AIE , RE AW?t.E Dated: September 30, 2008 MANUFACTURERS & TRADERS TRUST, PLAINTIFF V. RAYMOND R. PECHT, JR., AIK/A RAYMOND R. PECHT, RICHARD W. PECHT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5440 CIVIL ORDER OF COURT AND NOW, this 15"' day of May, 2007, upon consideration of the Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court under Pa.R.C.P. 430 and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant Richard W. Pecht have been unsuccessful, Plaintiffs Motion is GRANTED. IT IS ORDERED AND DIRECTED: 1. That the Sheriff and/or Plaintiff is directed to serve the Complaint and all future pleadings on Defendant Richard W. Pecht by posting a copy of the Complaint upon the premises at 4 Scrafford Street, Shippensburg, PA 17257; 2. That the Plaintiff serve the Complaint by certified and regular mail to the Defendant's last known addresses at 130 Shady Road, Newburg, PA 17240, 501 Highview Terrace S., Brandon, FL 33510 and 4 Scrafford Street, Shippensburg, PA 17257. 3. That the Plaintiff effect service by publication to include the notice prescribed in Pa.R.C.P. 430, in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania and a newspaper of general circulation in Brandon, Florida; 4. All future service of legal papers, including but not limited to motions; petitions and rules be made by certified and regular mail to Defendant's last known addresses by sending copies of same to Defendant's last known addresses by certified and regular mail. By the Court, 4\ t (?A A / M. L. Ebert, Jr., 10 J. Daniel G. Schmieg, Esquire Attorney for Plaintiff Cumberland County Sheriff's Office bas 7178 2417 6099 0008 4678 5 / KAZ RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (60) --fold here (regular) UN DSWES M -ZPOSTAL Date Produced: 07/21/2008 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified item number 7178 2417 6099 0008 4678. Our records indicate that this item was delivered on 07/14/2008 at 10:31 a.m. in SHIPPENSBURG, PA, 17257. The scanned image of the recipient information is provided below. UWWWyamon Signature of Recipient: UM t3' Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representitive. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 9260 7178 2417 6099 0008 4685 5 / KAZ RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UNt?EDSTAM AWPOSTALSERVXE* Home I Help Track Pnfirm. Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0008 4685 i?ck? Status: Arrival at Unit Your item arrived at 3:06 am on July 18, 2008 in PHILADELPHIA, PA Enter Label/Receipt Number. 19104. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. t H rtr lima iD@W >'g (Belem ty UVS- co Hm* > , Site-Map Gortact-us FQ.rn..as Gov S..e.rvices ,lotus Priv cyP9ticy Ierms-of ..Use NaWnal_$..P nii rAccaunts Capyright©1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA http ://trkcnfrml . smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 9/30/2008 7178 2417 6099 0008 4692 5/KAZ RICHARD W. PECHT 501 HIGHVIEW TERRACE S. BRANDON, FL 33510-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) - USPS - Track & Confirm Page 1 of 1 UNITED STATES If WAL SERVKfe Home I Help ..., _ .?'... "+:., ..?; K P7M- 11 Track & Confirm.. Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0008 4692 Status: Delivered Track & Corm -- Your item was delivered at 8:30 am on July 25, 2008 in PHILADELPHIA, Enter Label/Receipt Number. PA 19103. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. ( Ress[itl OOfDiae Deter > : (fi ?rafa+ya fn tlS s"M Npana i Sit-Map CQntact us Forma Govt seLviCes J046 Privacy Policy Terms of.U..ae National. &-Prew er Accounts Copyright01999-2047 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA , ; http://trkcnfrm l . smi.usps. com/PTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=7... 9/30/2008 AFFIDAVIT OF SERVICE PLAINTIFF MANUFACTURERS & TRADERS TRUST DEFENDANT(S) RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT PLEASE POST TO PROPERTY AT: 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 SERVED CUMBERLAND COUNTY No. 06-5440- CIVIL TERM ACCT. #116722 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 Served and made known to RA00Nb R . ftFe4fT, j_IQ , Defendant, on the 'h'` day of TU L1( _.m., at # SCRgFFo QD VgW, 5N'I pPjFN r3ua& 200 , at `.Z :D7_, o'clock p , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s comnanv. Other: C#(,r. Description: Age Height Weight Race Sex Other I, r14-" Ato t -L- , a competent adult, being duly sworn according to law, depose and state that I personally h ague and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned cas a date and at the address indicated above. Sworn to and subs ribed before me this ay No By: \ PLEASE AT MPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED Ig COMMISSION EXPIRES 10125/2012 t e day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: By Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Pd 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 25, 2008 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. 2 r Marie Come Editor SWORN TO AND SUBSCRIBED before me this 25-day of July, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 06-5440 CIVIL TERM MANUFACTURERS & TRADERS TRUST vs. RAYMOND R. PECHT, JR. a/k/a RAYMOND R. PECHT RICHARD W. PECHT NOTICE TO: RICHARD W. PECHT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is sched- uled to be sold at Sheriff's Sale on Wednesday, DECEMBER 10, 2008 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,940.38, obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee). ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the North- easterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 min- utes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaef- fer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/ 10/2003, in Deed Book 259, page 4193. Being Premises 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. Improvements consist of residen- tial property. Sold as the property of RAYMOND R. PECHT, JR. a/k/a RAYMOND R. PECHT & RICHARD W. PECHT. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on JANUARY 12, 2009, distribu- tion will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 July 25 8 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 6, 2008 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 6th day of August, 2008. l.x f Nota Public 6 49- ?, J t r ,, My commission expires: NOTARK SEAL BOC A CANUP Notary K b8c CARLISLE BOROUGH, CUAVER1AND COUMY My Commhelon Expket Jun S. 2009 COPY OF NOTICE OF PUBLICATION PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13t1,1881, since which date THE SENTINEL :has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 0, 200 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5440 CIVIL TERM MANUFACTURERS & TRADERS TRUST vs. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT NOTICE TO: RICHARD W. PECHT "NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" TAKE NOTICE that the real estate located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at Sheriff's Sale on Wednesday, DECEMBER 10, 2008 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $99,940.38, obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee). ALL. that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer.. North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. Affiant further deposes that he; she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. rr - Sworn to and subscribed before me this 6th day of August, 2008. &OULI- ,otar Public TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, It and Richard W. My commission expires: Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 1010912003, recorded 10/1012003, in Deed Book 259, page 4193. Being Premises 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 Improvements consist of residential property. Sold as the property of RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT & RICHARD W. PECHT CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on JANUARY 12, 2009, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. NOTARIAL SEA]. BONITA A CANUP Notary Public CART ISLE BOROUGH, CUMBERLAND COUNTY My Commission Exp{tes Jun 8, 2004 Daniel G. Schmieg, Esquire Suite 1400, One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Att-- f- Plaintiff The Tampa Tribune Published Daily Tampa, Hillsborough County, Florida State of Florida } County of Hillsborough} Before the undersigned authority personally appeared C.Pugh, who on oath says that she is the Billing Accounting Supervisor of The Tampa Tribune, a daily newspaper published at Tampa in Hillsborough County, Florida; that the attached copy of the Legal Ads IN THE Brandon In the matter of Legal ads was published in said newspaper in the issues of 8/27/2008 #2543254-0827 Affiant further says that the said The Tampa Tribune is a newspaper published at Tampa in said Hillsborough County, Florida, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each day and has been entered as second class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, this advertisement for publication in the said newspaper Sworn to and subscribed by me, this 27 day of August, A.D.2008 i Personally known V or Produced Identification Type of Identification Produced Ana Maria Hodel °? =Commission #DD551367 ,?Gf t1d:?• Expires: MAY 11, 2D10 WWWAARONNOTARY.corn aw".If? 1217102 - FULL SPECTRUM SERWNC. The Tampa Tribune Published Daily Tampa, Hillsborough County, Florida State of Florida } County of Hillsborough} C Legal Notices Legal Notices NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5440 CIVIL TERM MANUFACTURERS & TRADERS TRUST VS. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W PECHT NOTICE TO: RICHARD W. PECHT "NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" TAKE NOTICE that the real estate located at 4 SCRAFFORD STREold ET SHIPPEN:Ui PA 17257 is scheduled to be s at SherilP Sale on Wednesday DECEMBER 10, 2000 at 10:00 A.M, Cumberland County Courtllouse, South 6 Hanover Sutdreaemt,?CarTPA 1730813 to enforcee the court AiNUFAC UREI?S & TRAaDbEWRSneTdRUST (the mortgagee). ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT N0.22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E„ recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as by'Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land South 67 degrees 30 minutes West, 65 feet fo a stake; thence by Lot 21., now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. by Deed from Forest N. Myers and Rebecca PeersmDeed !Book , tfurmerly knorm a16Susan 10/09/2003, record his vvrfg, da der 10/10/2003, 259, page 4193. Beingg Premises 4 SCRAFFORD STREET, SHIP ENSBURG, PA 17257 Improvements consist of residential property. Sold as the property of RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT & RICHARD W. PECHT CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on JANUARY 12, 2009, distribution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. Daniel G. Schmieg, Esquire Suite 1400 One Penn Center 1617 John IF. Kennedy Boulevard Philadelphia, PA 19503-1814 (215) 563-7000 Attorney for Plaintiff #9086 8/27/08 Before the undersigned authority personally appeared C.Pugh, who on oath says that she is the Billing Accounting Supervisor of The Tampa Tribune, a daily newspaper published at Tampa in Hillsborough County, Florida; that the attached copy of the Legal Ads IN THE Brandon In the matter of Legal ads was published in said newspaper in the issues of 8/27/2008 Affiant further says that the said The Tampa Tribune is a newspaper published at Tampa in said Hillsborough County, Florida, and that the said newspaper has heretofore been continuously published in said Hillsborough County, Florida, each day and has been entered as second class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, this advertisement for publication in the saic newspaper Sworn to and subscribed by me, this 27 day of August, A.D.2008 Personally known_j/_ or Produced Identification Type of Identification Produced- 'W ' y r t Stlli #CLjn iZ 9r' . c'z e 1 A I i ??OFF C.. ' AA R', G #2543254-0827 1217102 - FULL SPECTRUM SERV,INC. 7 11 CD --4 - 3 e ITI Cj '^G PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT No. 06-5440-CIVIL TERM RICHARD W. PECHT Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 18, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on July 26, 2007 in the amount of $99,940.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $86,178.74 Interest Through December 10, 2008 $16,000.37 Per Diem $15.35 Late Charges $0.00 Legal fees $2,100.00 Cost of Suit and Title $4,877.12 Sheriffs Sale Costs $665.21 Property Inspections/ Property Preservation $350.00 Appraisal/Brokers Price Opinion $425.00 Mortgage Insurance Premium / $101.25 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,521.80 TOTAL $116,219.49 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 7, 2008 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Ebert entered an order for special service dated May 15, 2007. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 11Z° (°s By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-5440-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT and RICHARD W. PECHT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /Zz- , .s By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCH [IEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 116722 MANCJFAGTURERS & TRADERS UST-- COURT OF'COMMON PLEAS 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 CIVIL DIVISION Plaintiff TERM v. NO. N. --51140 C! U (???iZ CUMBERLAND COUNTY RAYMOND R PECHT,.JJK AWA RAYMOND R PECHT RICHARD W. PECHT . 4 SCRAFFORD STREET n o 0 C- -n SHIPPENSBURG, PA 17257 s"?! r ; i ? rn -p F, Us, 00 Defendants = - CIVIL ACTION - LAW R COMPLAINT IN MORTGAGE FORECLOSURE:.\A - J rr'` r" NOTICE Y 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 -___--- WTrH 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 South Bedford Street Carlisle, PA 17013 (800)990-9108 ti &E Y Way asum _ a true ant! ;:1 of the tl? of romd :..- File # 116722 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WELL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 116722 Plaintiff is MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2. The name(s) and last known address(es) of the Defendant(s) are: RAYMOND R. PECHT A/K/A RAYMOND R PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/09/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK, FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1840, Page: 3224. By Assignment of Mortgage recorded 08/03/2004 the mortgage was Assigned To WASHINGTON MUTUAL BANK, FA which Assignment is recorded in Assignment Of Mortgage Book: 710 Page: 2143. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 116722 6. The following amounts are due on the mortgage: Principal Balance $86,453.52 Interest 4,851.00 11/01/2005 through 09/11/2006 (Per Diem $15.40) Attorney's Fees 1,250.00 Cumulative Late Charges 422.00 10/09/2003 to 09/11/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 93,526.52 Escrow Credit 0.00 Deficit 1,562.86 Subtotal $ 1,562.86 TOTAL $ 95,089.38 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 95,089.38, together with interest from 09/11/2006 at the rate of $15.40 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE LLINAN & SCHMIEG, LLP By: /s/Francis S. Hall AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 116722 LEGAL DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. BEING known as 4 Scrafford Street. BEING THE SAME REAL ESTATE WHICH Forest N Myers and Rebecca Pollard Myers, formerly known as Susan R Myers, his wife, by deed dated October 09, 2003, and intended to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, immediately prior to the recording of this Mortgage granted and conveyed to Raymond R Pecht H, and Richard W Pecht, Mortgagors herein File #: 116722 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements. made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff tl bd DATE: Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCMWEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN-STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 V. Plaintiff, RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CA71L TERM 44Z? RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor Answer to Plaintiffs Complaint within 20 days from mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/12/06 to 7/23/07 TOTAL and against RAYMOND R. PECHT, for. failAre to file an 1=11 for Forecloste an algf the Tt i+? t .. ? crt -a $95,089.38 '_- f^ 7 $4,851.00 2?. .c- I C7 $99,940.38 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been give srri Mile 237.1, copy attached. b - r DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: O PROTHY 116722 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey November 7, 2008 RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RE: MANUFACTURERS & TRADERS TRUST v. RAYMOND R. PECHT, JR., A/K/A RAYMOND R PECHT and RICHARD W. PECHT Premises Address: 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 06-5440-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Wednesday, November 12, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. a6yours, ra fo Esquire For Phelan Hallinan & Schmieg, LLP Enclosure C) 0 W O Y x? U ? U z? as a0 'b L L• ? h b zoo T O G O vi U C Ni 'Q O ?O y ? C p v ? p p 4 NN (-" o y C .3 s 0 L 6 3000 diz WOUA (131 IV 8002 L O AON O l08 LZh000 C' T M z 0%30 $ o • 9 N SIM09 A3HIM A? C .?. G N G y • V w ? vl N ``_ >J d x od 5 ? E c v Wo ? N V N d W ?I V?UU// =s o, 7 U O ? :C F+1 F'?i I? ?O H wy ? O O 'd O W v V) 5 r ? N "T W ? y ? oE o i a l c (? a o aw- C7 ° ZOO oa oz ¢ W ? ?D Q ? o w ?W d N ? c H pro H d P-4 A O W w k w ? a a A Cl A v1 a" o Qr z? 0 z? C) zw W a o N O ? ? A ? U V Q z Z aa a U Ha i .a E e4 N N N Z b r- b x x x ? ? d z a a? .. -°- a VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: i/ ZO/F By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants CUMBERLAND County No. 06-5440-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 FRED ANTOUN, ESQUIRE 14 NORTH MAIN ST SUITE 406 CHAMBERSBURG, PA 17201 DATE: /l ao 45- By: RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MANUFACTURERS & TRADERS TRUST Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT NO. 06-5440- CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 4 SCR AFFORD STREET_ SHIPPF.NSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the absence of a representative of h plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 116722 MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4 SCRAFFORD STREET. SHIPPENSBURG. PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Last Known Address (if address cannot be reasonably ascertained, please indicate) 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name PATRIOT FEDERAL CREDIT UNION PATRIOT FEDERAL CREDIT UNION C/O DONALD L. KORNFIELD, ESQ. Last Known Address (if address cannot be reasonably ascertained, please indicate) 800 WAYNE AVENUE P.O. NPX 788 CHAMBERSBURG, PA 17257 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. November 10, 2008 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff Y -au . £0 16 l 3a03dIZ s oo woa? a?1e AN O Oz 60Inr oLos4Zbo0o TF O .D A Wl z0 ?(? ? -W E-. •o r? .H d N j. 'F sa=? F yv .--. N ? ? $ can 6 A -? -1 iC O u M.= O w ? vi d w ° U 9 E Q o o w Q 00 (? N o Y a 0 a a H? ? ?? CY wa w ? ?aQ ?: ?¢ z ba 3 Wa O ] ° x 5 o°x UO U a F ?n a? w v? o r-L Y U w ? 'v ?, W? r Q ? a C ?? Oct ?A AE- F U aw ti ~ O A ? w 00 W .., X23 o v? E" a cQ v, " ? aao ? o ? o? o N o o U e4 x = ? ? U H M H a?ic? F">o V a v1N _a? Ox¢ W? U et ¢O? O a o (L) ova a C7 a W M U a? „¢ ? w ¢? ??'?? 3 ?~ a;?o wa o ? a p" 3 a w ?w w oo >0.4 °? AA 0 3o 3>4 c? 3 H,aZ cvpq?w?n 3 moo ww as, Z Ko Q? - °. e' O?Xc;n Z o o Hz ? C A °o ??ptib o O~ O Q ? f? O u 0.1 Coq Oz o.c z A M UUOAa ?? Vo XW31 U ,-, z. aO.?p E-vEnU?o ?-.t1r Aa aU_ 3f? r? ?? z pq a? °a m 0 z m v c ? a w; Z d' 0 5 N M '? 00 o z w Go 0 0 T u T S W ° Q 0 W J Q co 0 W 7 LO Q ? W ? a 000 arz woa? a?,row £0L6L3 0tioslztooo ? W? G s00Z o 6 A IID IDOV' .;4* r doh _o a T I- W \ z rya WN aW x c> U a. C> O ? a'?? g G? 00 U a M p w a a? a i Uw cis a z Q10000 L m z m v Z Q O a" N v v, ?o 00 p? I O .-1 6 u u k ? c a? a 'dg? .8 H• .y W • ? C ?+ w b c s°??++.!a o kWt,a•a° T W w y w c c g a N a U •fe-gg A ;S a a w o ? d a ? ?o P. u O ° z Ha v .iy m z u F CG `, III r-' y._ 1 F.? ,...} {.:. .a?;? E, ? ? ?? =; _;,' ?:? . ,: . ? ...:.. MANUFACTURERS & TRADERS TRUST, PLAINTIFF V. RAYMOND R. PECHT, JR., A/K/A RAYMOND R. PECHT, RICHARD W. PECHT, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5440 CIVIL ORDER OF COURT AND NOW, this 1 st day of December, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 22, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ,\\A, --?, ?? %\ M. L. Ebert, Jr., J. <ichele M. Bradford, Esquire illp Attorney for Plaintiff Xymond R. Pecht, Jr. a/k/a Raymond R. Pecht ,,,*hard W. Pecht J Defendants bas A. A,nnOILb.S , ?s 4 Cry r``y 1"-1 -310 RIOI €r l It -.. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff Civil Division V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT ATTORNEY FOR PLAINTIFF Court of Common Pleas CUMBERLAND County No. 06-5440-CIVIL TERM Defendants PRAECIPE TO THE PROTHONOTARY: filed on Plaintiff hereby withdraws its Motion to Reassess Damages, in the above referenced action. V-/? By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff I --- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-5440-CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 FRED ANTOUN, ESQUIRE 14 NORTH MAIN ST, SUITE 406 CHAMBERSBURG, PA 17201 DATE: C-v RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff C- x r rr. ' [f 1 Manufacturers & Traders Trust In the Court of Common Pleas of VS ' Cumberland County, Pennsylvania Raymond R. Pecht, Jr. a/k/a Raymond Pecht Writ No. 2006-5440 Civil Term And Richard W. Pecht Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 6, 2008 at 1325 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: Raymond R. Peck, Jr. a/k/a Raymond Pecht by making known unto Raymond Pecht personally at 4 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 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 by certified mail, return receipt requested to the within named defendant, to wit: Richard W. Pecht to his last known address of 10 Desoto Ave., Palmetto, FL 34221-1906. This letter was mailed under the date of September 10, 2008. The return receipt card was signed by Kathy J. Pecht on September 13, 2008. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2008 at 0625 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 Raymond R. Pecht, II, a/k/a Raymond Pecht and Richard W. Pecht, located at 4 Scrafford Street, Shippensburg, 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: Raymond R. Pecht, II, a/k/a Raymond Pecht, by regular mail to his last known address of 4 Scrafford Street, Shippensburg, PA 17257. This letter was mailed under the date of October 6, 2008 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: Richard W. Pecht, by regular mail to his last known address of 10 Desoto Ave, Palmetto, Florida 34221-1906. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 18.18 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Mileage 40.00 Levy 15.00 Surcharge 30.00 Certified Mail 5.71 Postpone sale 40.00 Law Journal Patriot News Share of Bills So Answers: rooo?ge- - - vIdpow, 0444c 40?? ff R. Thomas Kline, Sheri Real Estate Coordinator 355.00 346.37 14.92 , ?1 ?lbsJof C??g?39 y ?U rb. D-RCE QF r-?? t OTARY 2009 APR -8 AM 9: 5b GJPw w ' J;NtY PE,t,4i'xsyLvP N,A MANUFACTURERS & TRADERS TRUST CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RAYMOND R. PECHT, JR. CIVIL DIVISION A/IUA RAYMOND PECHT RICHARD W. PECHT NO. 06-5440- CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 4 SCRAFFORD STREET, SHIPPENSBURG. PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRIOT FEDERAL CREDIT UNION C/O DONALD L. KORNFIELD, ESQ. 17 NORTH CHURCH STREET WAYNESBORO, PA 17268 4. Name and address of last recorded holder of every mortgage of record: R Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13TH Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 1. 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST Plaintiff, V. RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT RICHARD W. PECHT Defendant(s). TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 06-5440- CIVIL TERM RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 130 SHADY ROAD NEWBURG, PA 17240 501 HIGHVIEW TERRACE S. BRANDON, FL 33510 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYMFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $"..940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PRENUSES: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO: 39-36-2424-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERS & TRADERS TRUST Plaintiff (s) From RAYMOND R PECHT, JR A/K/A RAYMOND PECHT RICHARD W PECHT (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 $ 99,940.38 L.L. Interest FROM 7/24/07 TO DECEMBER 10, 2008 (PER DIEM-$16.43) $8,313.58 AND COSTS Atty's Comm % Atty Paid $1,252.71 Plaintiff Paid Date: July 8, 2008 (Seal) Due Prothy $2.00 Other Costs Add'1$ 7,557.80 s W 4-V Curtis R. Long, Proot?honotaryBy: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #27 On August 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 4 Scrafford Street, Shippensburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2008 By: IJ Real Es to Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : 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: October 31, November 7 and November 14, 2008 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 chWcter of publication are true. Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary Z_ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RAM XONAM ad" 80. 27 Writ No. 2006-5440 Civil Manufacturers & Traders Trust VS. Raymond R. Pecht Jr. a/k/a Raymond Pecht and Richard W. Pecht Atty.: Daniel Schmieg DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the, buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the North- easterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 min- utes East, 118.43 feet to a stake at, the line of land now or formerly of Thoom McBride; thence by said now or ft"Wdy McBride land, South 67 dress, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaef- fer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/ 10/2003, in Deed Book 259, page 4193. BEING PREMISES: 4 SCRAF- FORD STREET, SHIPPENSBURG, PA 17257. PARCEL NO: 39-36-2424-017. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otAvXtws Now you know CARLISLE PA 17013 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/29/08 14 11/05/08 11/12/08 Sworn to ancJ `ub,?cribed before me this 25.day erg November, 2008 A.D. ?- Notary Public COMMONWEALTH Ot- PENNSYL p Notarial weal 78ha" i . Krsner, Notary Public City Of Harrisburg, Dauphin County L M` RPi?s Nov 26, 2011 Member r'e^nsyivanie Association of Notaries' Real Estate Sale No. 27 Writ No. 2006-5440 Civil Term Manufacturers & Traders Trust VS Raymond R. Pecht Jr. aWWa Raymond Pecht and Richard W. Pecht Attorney Daniel Schmieg LEGAL DESCRIPTION ALL that certain lot, track of land, parcel, piece of ground with the buildings and improvements thereon erected; BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland. County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street. known as Scrafford Street, at the Northeasterly comer of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Serafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W: Yeager and Ella Yeager, Iris wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 mealr+?e, ad?Ira:a<.re>? t>larse . 21, errs or 02e0e11i of Dom S 1t?aAli 2? ti<ynss, 30 ?dtnulea ?R, tlg4liefaItlroe - NW. TITLE TO SAID PREMISES 19 VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/0912003, recorded 10/10/2003, in Deed Book 259, page 4193. BEING PREMISES: ' 4 SCRAFPORD STREET, SH[PPENSBURG, PA 17257 PARCEL NO: 39-367424.017 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MANUFACTURERS & TRADERS TRUST COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 06-5440-CIVIL TERM RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT CUMBERLAND COUNTY RICHARD W. PECHT Defendant(s) To the Prothonotary: N Issue writ of execution in the above matter: o M - rr r1m Amount Due $99,940.38 Interest from 07/24/2007 to Date of Sale $17,169.35 ?;, x• ($16.43 per diem) TOTAL $117,109.73 A y for P intiff AL Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 rFcis S. Hallinan, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 ele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 116722 b P4 U U a H W a Gam ? ¢ a u AE- a Z?C7 UE -n • wcn 0 a 30 ? w ? ¢w a ¢ ? a U ? ? Q a4 v rr W Ol W? a? a oa 1 O OU O? olW 4U H H a U •? ?a W a ?ax 44 C) 064 w Q 09 s R opt cV N .? LLI CJC] _'- Q rt? ? N U O U w Oo H w aO 444 w u U a 0 N v1 N N pip M O? 'd '-" °? z c p N m?? 0? OMN r oo? p cs,z o oz o z w a crn r o 0 O:d 0 o z zz-d ab-o ti~ .Z -6 -zzzo,0o6 tib N"z'b on y"?. bb oti ^ - y EW ??w aW Z'? 0 0,v"W wwbW.?-?5rv q4 4 -4 ww oo42 wwW A yw.? ? a A > v?04?a x? ? ? L a oo 80ooo.000oc ? O a c co ?' O RS S h Ul C, C6 W) - - '3- c6 ? a # 00 al C"S Cl4- n> IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: . RAYMOND R. PECHT, II Bk. No. 1:08-bk-04587 MDF LISA M. PECHT . Debtors Chapter No. 13 MANUFACTURERS & TRADERS TRUST Movant 11 U.S.C. §362 V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT LISA M. PECHT A/K/A LISA M. SHIELDS-HAWBAKER Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of MANUFACTURERS & TRADERS TRUST (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MANUFACTURERS & TRADERS TRUST may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, 7A?-` r /Wip illdge (]DK) Dated: November 18, 2009 This document is electronically signed and filed on the same date. Case 1:08-bk-04587-MDF Doc 62 Filed 11/18/09 Entered 11/18/0910:47:11 Desc Main Document Page 1 of 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MANUFACTURERS & TRADE] Plaintiff V. OF THE MTHM1 TMy 2010 FEB -4 AM 10= 42 is tktwL-t- 4i,; ?;OuJ m PENNSYL.V/,,N A RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-5440-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attr am f Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? ?Frcis S. Hallinan, Esq., Id. No. 62695 ? el G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 MANU ACTURERS & TRADERS TRUST Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) NO. 06-5440-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Address (if address cannot be reasonably ascertained, please so indicate) 4 SCRAFFORD STREET f ! o r SHIPPENSBURG, PA 17257 r t 130 SHADY ROAD G t- NEWBURG, PA 17240 ' -4 ' 99 4 SCRAFFORD STREET SHIPPENSBURG PA 17257 CS - , ? N 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Patriot Federal Credit Union 800 Wayne Avenue; P.O. Box 788 Chambersburg, PA 17257 Patriot Federal Credit Union 17 N. Church Street C/O: Donald L. Kornfield, Esquire Waynesboro, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Ame and address of every other person who has any record interest in the property and whose interest may be affected by the (sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. January 29, 2010 By: Atto *Halipnan ff PheSchmieg, LLP ? La wrence T. Phelan, Esq., Id. No. 32227 FFF cis S. Ha llinan, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 r MANUFACTURERS & TRADERS TRUST VS. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. 06-5440-CIVIL TERM RAYMOND R. PECHT, JR. CUMBERLAND COUNTY A/K/A RAYMOND R. PECHT . RICHARD W. PECHT Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RICHARD W. PECHT 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $99,940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-5440-CIVIL TERM MANUFACTURERS & TRADERS TRUST vs. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT owner(s) of property situate in the Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 4 SCRAFFORD STREET. SHIPPENSBURG, PA 17257 Parcel No. 39-36-2424-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $99,940.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 V LEGAL DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. PREMISES BEING: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2424-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERES & TRADERS TRUST, Plaintiff (s) From RAYMOND R. PECHT, JR., a/k/a RAYMOND R. PECHT, RICHARD W. PECHT (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 $99,940.38 L.L. Interest from 7/24/07 to Date of Sale ($16.43 per diem) -- $17,169.35 Atty's Comm % Due Prothy $2.00 Atty Paid $2,203.89 Other Costs Plaintiff Paid Date: 2/4A0 David D. Buell, Prothonotary (Seat) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ---evurtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq, Id No. 208375 2010 P i A Y- [ "i-l 1: -.4 3 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff Vs. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No. 06-5440-CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute WELLS FARGO BANK, N.A. as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: 06-5440-CIVIL TERM 116722 * 8.00 PO AT7'Y goaq 1108/ WELLS FARGO BANK, N.A. is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded 3/12/2010 in Instrument No. 201006242 of Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: p PHELAN HALLINAN & SCHMIEG, LLP By: C P Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677-9-- Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 06-5440-CIVIL TERM 116722 PHELAN HALLINAN & SCHMIEG Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq, Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MANUFACTURERS & TRADERS TRUST Plaintiff VS. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT and RICHARD W. PECHT Defendant(s) ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-5440-CIVIL TERM PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: 06-5440-CIVIL TERM 116722 Please mark the judgment in the above-captioned matter to the use of WELLS FARGO BANK, N.A., located 3476 STATEVIEW BOULEVARD, FORT MILL, SC 29715. PHELAN HALLINAN & SCHMIEG, LLP By: an Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2067'' Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 06-5440-CIVIL TERM 116722 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FARGO BANK, N.A., use plaintiff. PHELAN HALLINAN & SCHMIEG, LLP By: < <? ,Pff6lan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779" Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 06-5440-CIVIL TERM 116722 SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILEDE' Ronny RAnderson -rw- - Fr ?4axxtt of ?u?ttGrr/;??? Sheriff ? }} [? ?Ci 1 ?^ FJ ? p f ?? 2: L: (} -p' Jody S Smith ??1U Chief Deputy E[? E P, LA (?rj { T Richard W Stewart P?iS`I'1 Solicitor GYM E ?C --6RIFF ? Manufacturers & Traders Trust Case Number vs. 2006-5440 Raymond R Pecht, Jr. (et al.) SHERIFF'S RETURN OF SERVICE 04/06/2010 11:32 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1130 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 Raymond R. Pecht, Jr., located at, 4 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania according to law. 04/12/2010 05:12 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Richard W. Pecht, 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, Richard W. Pecht, per current occupant, Raymond Pecht, Jr., defendant lives in Florida. 04/21/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant to wit: Richard W. Pecht, to his last known address of, 501 Highview Terrace Street. Brandon, FL, 33510. The item was returned unopened " Insufficient Address, Unable to Forard" on 4/21/10. 04/26/2010 05:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 4/26/10 at 1703 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: Raymond R. Pecht, by making known unto, Raymond R. Pecht, personally, at, 4 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/04/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed to 10/6/2010. 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Daniel Schmieg on 10/5/10 SHERIFF COST: $740.94 October 12, 2010 SO ANSWERS, r RON R ANDERSON, SHERIFF Ghat ??? s?5' !Ci CountySURe Sherff . Teieosoft. Inr,. MANUFACTURERS & TRADERS TRUST Plaintiff t COURT OF COMMON PLEAS CIVIL DIVISION V. RAYMOND R. PECHT, JR. NO. 06-5440-CIVIL TERM AIK/A RAYMOND R. PECHT CUMBERLAND COUNTY RICHARD W. PECHT Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURERS & TRADERS TRUST, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 130 SHADY ROAD NEWBURG, PA 17240 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Patriot Federal Credit Union 800 Wayne Avenue; P.O. Box 788 Chambersburg, PA 17257 Patriot Federal Credit Union 17 N. Church Street C/O: Donald L. Kornfield, Esquire Waynesboro, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address 6f every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. January 29, 2010 By: Att*Hall ff PheSchmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 MANUFACTURERS & TRADERS TRUST : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 06-5440-CIVIL TERM RAYMOND R. PECHT, JR. CUMBERLAND COUNTY A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RICHARD W. PECHT 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $99,940.38 obtained by MANUFACTURERS & TRADERS TRUST (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 t SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-5440-CIVIL TERM MANUFACTURERS & TRADERS TRUST VS. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT RICHARD W. PECHT owner(s) of property situate in the Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 Parcel No. 39-36-2424-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $99,940.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. PREMISES BEING: 4 SCRAFFORD STREET, SE IPPENSBURG, PA 17257 PARCEL NO. 39-36-2424-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MANUFACTURERES & TRADERS TRUST, Plaintiff (s) From RAYMOND R. PECHT, JR., a/k/a RAYMOND R. PECHT, RICHARD W. PECHT (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 $99,940.38 L.L. Interest from 7/24/07 to Date of Sale ($16.43 per diem) -- $17,169.35 Atty's Comm % Due Prothy $2.00 Atty Paid $2,203.89 Other Costs Plaintiff Paid Date: 2/4/10 c David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 4 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: j Real Estate Coordinator I I .-b V b - 9310101 ??E PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: April 16, April 23, and April 30, 2010 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. Writ No. 2006-5440 Civil Manufacturers & Traders Trust vs. Raymond R. Pecht, Jr. Richard W. Pecht Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 06-5440-CIVIL, MANUFAC- TURERS & TRADERS TRUST vs. RAYMOND R. PECHT, JR. A/K/A RAYMOND R. PECHT, RICHARD W. PECHT, owners of property situ- ate in the Southampton Township, Cumberland County, Pennsylvania, being 4 SCRAFFORD STREET, SHIP- PENSBURG, PA 17257. Parcel No. 39-36-2424-017. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $99,940- .M. Lisa Marie Co y96, Editor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Nevys Co. 4020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0tJWX(WS Now you know 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 on the date(s) indicated below. That neither she 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 she 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 Writ No. 2006-5440 Civil Term Manufacturers & Traders Trust Vs. Raymond R Pecht, Jr. Richard W Pecht Atty: Daniel G Schmieg By virtue of a Writ of Execution NO. 06-5440- CIVIL TERM MANUFACTURERS & TRADERS TRUST VS. RAYMOND R. PECHT, JR A/K/A RAYMOND R. PECHT RICHARD W. PECHT Owner(s) of property situate in the Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 Parcel No. 39-36-2424-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $99,940.38 This ad ran on the date(s) shown below: Sworn to a0:11 6scribed before rra+s, Ehis 18 day of May, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsrter, Notary Public Lower Paxton Twp., Dauphin County my CommiWon Expires Nov. 26, 2011 Member, Pennsllvanle Association of Notaries 04/16/10 04/23/10 04/30/10 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO BANK, N.A. Plaintiff COURT OF COMMON PLEAS V. RAYMOND R. PECHT, H AIWA RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/24/2007 to Date of Sale ($16.43 per diem) TOTAL C 4-a4.oo PA ATW 'G.48 CBF ai.oo io3.ao °` 74o., q4 " 55.5 O 10.00 " 10 00 " k oo " X4.00 " 24.00 •• ? n?, 9710. ? - RQ 1gT'N Note: Please attach description of property PHS # 116722 4,2. 00 bveeo ?? ??aylpo ?, a5o7a5 CIVIL DIVISION NO.: 06-5440-CIVIL TERM CUMBERLAND COUNTY . Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 M Daniel G. Schmieg, Esq., Id. No, 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 [l Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos; Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 0 Andrew C. Bramblett, Esq., Id. No. 208375 Ey w w aurN W cs ? ? ti p., C4 Uo ru? -• w, Z?, u V W C/] t? N?o,??r r MM Coro CLi +F?" 11;: I N N'.. OO .h M M. C? -t O F4 O Q p 00 O M. O r. 00 C7 , N N' O Z Z00C C'4 I'D 0 0 GZ Oa ?? o"Cl O "I z Z L, U? M R C) C4 ? pr., ' o ? cv ccz C7 a? I b e H rnti 3 >""? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RAYMOND R. PECHT, II LISA M. PECHT Chapter: 13 Case Number: 1:10-bk-04597 Debtor(s) CHARLES J. DEHART, III (TRUSTEE) Movanti(s) vs. RAYMOND R. PECHT, II LISA M. PECHT Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and no response that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Dated.. October 7, 2010 13v tile (:o[Irt, IL-a Chief Ba*uptcy Judge S Jxy MDPA•Dismiss Case.WPT - REV 03108 Case 1:10-bk-04597-MDF Doc 45 Filed 10/07/10 Entered 10/07/1013:43:55 Desc Main Document Page 1 of 1 Notice Recipients District/Off. 0314-1 Case: 1:14-bk-04597-MDF User: BRushow Form ID: pdf001 Date Created: 10/7/2010 Total: 76 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: er WELLS FARGO BANK, N.A. cr Recovery Management Systems Corporation TOTAL:2 Recipients of Notice of Electronic Filing: ust United States Trustee tr tpregion03.ha.ecf@usdoj_gov tr Charles J. DeHart, III (Tnrstee) delrartstaff@parmd13trrrstee.corn aty John W Frey johndsslaNa@pa.net aty Joseph P Schalk pamb@fedphe.com aty Keith B DeArrrond information.deannondlaw@grnail.conr TOTAL:5 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Raymond R. Pecht, H 4 Scrafford Street Shippensburg, PA. 17257 ddb Lisa M. Pecht 4 Scrafford Street Shippensburg, PA 17257 cr Charlie Pentz's Auto Sales, Inc. 7485 Anthony Highway Waynesboro, PA 17268 3588457 ACS/College Loan Corporation 501 Bleeker Street Utica, NY 13501 3606182 Aaron Sales &Lease 1754 Lincoln Way East Chambersburg, PA 17201 3588458 Allied Interstate 3000 Corporate Exchange Drive, 5th Columbus, OH 43231 3588459 America's Choice Reader Services P.O. Box 89 Great Falls, MT 59403 3588460 American General P.O. Box 3251 Evansville, IN 47731 3588461 Amy Ringley 600 Humphrey Court, Apartment #102 Harrisburg, PA 17109 3588462 Anesthesia Of Franklin C/O National Recovery Associates PO Box 67015 Harrisburg, PA 17106 3588463 Avon Products C NY 11735 3588465 BBS Grocery Outlet 3588464 Barley Snyder, LLC 3588466 Boudreau &Associates 3588467 C.V. Women's Group 15242 3588468 3588469 3588470 3588471 3588472 3588473 3675122 3588474 3588475 3588476 3588477 3588478 3588481 3588479 3588480 3588482 3588483 35884$4 3588485 3588486 3588488 3588487 3588489, 3588490 3691964 3588491 3588492 3588493 tO Sunrise Credit Services, Inc. 260 Airport Plaza - PO Box 9100 Farmingdale, C/O Paytek PO Box 10749 Murfreesboro, TN 37129 247 Lincoln Way East Chambersbur , PA 17201 5 Industrial Way Salem, NH 03079 C/O Credit Management Company P.O. Box 16346 Pittsburgh, PA Capital One P.O. Box 30281 Salt Lake City, UT 84130 Cardinal Management, LLC CIO National Credit Adjusters PO Box 3023 - 327 West Fourth Stree Hutchinson, KS 67504 Chambersburg Dental Associates, LTD 225 Walker Road Chambersburg, PA 17201 Chanlbersburg Hospital P.O. Box 897 Charnberburg, PA 17201 Charles Pentz Auto Sales 8080 Metzer Gap Road Waynesboro, PA 17268 Consolidated Collection Services 2213 Forest Hills, Suite 2 Harrisburg, PA 17112 Credit Acceptance 25505 W 12 Mile Rd Ste 3000 Southfield MI 48034 Credit Acceptance P.O. Box 551888 Detroit, MI 48255 Credit Union Of Texas C/O Flatiron Financial Services 6782 South Potomac Street Centiennial, CO 84112 Cumberland ENT Facial Plastic ';urge 2025 Technology Oarkway, Suite G Mechanicsburg, PA 17050 Cwriberland Valley Medical Services 601 Norlarid Avenue, Suite 201 Chambersburg, PA 17201 Cuiriberland Valley Neurosurgical 764 Lincoln Way East Chambersburg, PA 17201 DJR Croup, LLC C/O HZEI Financial Services 1415 Hwy 85N, Suite 310-308 Fayetteville, GA. 30214 Dial America Marketing 960 McCarther Boulevard Mahwah, NJ 07495 DirecTV CIO Allied Interstate PO Box 361477 Columbus, OH 43236 Donald L. Kornfield 17 Church Street Waynesboro, PA 17268 Dr. Currie &Hecht 338 Alexander Spring Road, Suite B Carlisle, PA 17015 E2\1PI, Inc. C/O Pinnacle Financial Group 7825 Washington Avenue, Suite 310 Minneapolis; TN 5--139 Fifth Avenue Chiropractic C/O National Recovery Agency 4201 Cr uns Mill Road Harrisburg, PA 17112 Finance America CIO Imperial Credit Systems, Inc. 125 North Parkside Drive, Suite 302 Springs, CO 80909 HSBC Card Services P_O. Box 17051 Baltimore, MD 21297 Harris Connect C/O Chase Receivables 1247 Broadway Sonoma, CA 95476 limernet, Inc. Credit Management Company P.O. Box 16346 Pittsburgh, PA 15242 Iuregrity PDL Services C/O Second Round PO Box 1361 San Marcos, TX 78667 Jefferson Capital Systems LLC PO BOX 7999 SAINT CLOUD MN 56302-9617 Lehigh Anesthesia Associates C/O Hamilton Law Group P.O. Box 90301 Allentown, 1.8109 Ri &T Bank 1 Fountain Plane, 3rd Floor Buffalo, NY 14240 Manito' 426 Phoneix Drive Chambersburg, PA 17241 Colorado PA Case 1:10-bk-04597-MDF Doc 45-1 Filed 1 Q/07110 Entered 10/07/1013-43:55 Desc PDF all ereds ptys UST IRS: Notice Recipients Page 1 of 2 3588494 Medical Arts Allergy C/O National Recovery Agency P.O. Box 57015 Harrisburg, PA 17106 3588495 Melvin Smoker 26 Leshvr Road Newburg, PA 17240 3588496 Michael Denning 9435 Molly Pitcher Highway Shippensburg, PA 17257 3588498 Mountain View Veterinary Services 4035 McClay's Mill Road Shippenburg, PA 17257 3588,199 My Cash Now CIO Financial Accounts Services Tea PO Box 11567 Knoxville, TN 37939 3588:500 National Loan Recoveries 2777 Summer Street Stamford, CT 06905 3588501 Orrstown Bank C;O The Shuller Group, Inc. 120 Leeds Road Newville, PA 17241 3588502 Patriot Federal Credit Union 800 Wayne Avenue Chambersburg, PA 17201 3588503 Peak 5 6782 South Potomac Street Centennial, CO 80112 3588504 Phelan, Hallman &Schmieg, ULP 1617 John F. Kennedy Blvd.,, Suite 1 Philadephia, PA 19103 3588505 Protocol Recovery Service 509 Mercer Avenue Panama City, FL 32401 3588506 Providian Bank P.Q. Boy: 660487 Dallas, TX 75266 3588507 Quick Payday C/O Glacial Star Group 150 Motor Parkway, Suite 103 Hauppauge, NY 11788 3621151 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1120 Miami, FL 33131-1605 3588508 Richard Boudreau &Associates 5 Industrial Way Salem, NH 03079 3588509 Salute Payment Processing P.o. Box 11802 Newark, NJ 07101 3588510 Shippensburg Family Practice 46 Walnut Bottom Road Shippensburg, PA 17257 3588511 South Central Surgical Associates 757 Norland Avemre, Suite 104 Chambersbu g, PA 17201 3588512 Speciality Merchandise Corp_ C/O States Recovery System, Inc. PO Box 2850 Rancho Cordova, CA 95742 3588513 Sprint PCS C/O Afni, Inc. P.O. Box 3097 Bloomington, TL 61702 3588514 Steelton Fire Department EMS P.O. Box 7648 Steelton, PA 17113 3588515 University Of Phoenix 3157 East Elmwood Street Phoenix, AZ 85034 3588516 Valley Medical Group C/O Credit Management Company P.O. Box 16346 Pittsburgh, PA 15242 3673675 Verizon Wireless PO BOX 3397 Bloomington, IL 61702 3602661 WELLS FARGO BANK, N.A BANKRUPTCY DEPT ONE HOME CAMPUS MAC X2302-04c DES MOINES, IA 50328 3588517 Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 TOTAL: 69 Case 1:10-bk-04597-MDF Doc 45-1 Piled 10/07/19 Entered 10/07/1013:43:55 Desc PD,F all creds ptys UST IRS: Notice Recipients Page 2 of 2 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 06-5440-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to -Lmswor als figotion to authorities. By: _ ,• Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq.; Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq:, Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 205047 ? ourtenayR. Dunn, Esq., Id. No. 206779 Z Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. Plaintiff V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-5440=CIVIL TERM CUMBERLAND COUNTY PUS # 116722 AFFIDAVIT PURSUANT TO RULE 3129.1 'WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RAYMOND R. PECHT, II 4 SCRAFFORD STREET AWA RAYMOND R. PECHT SHIPPENSBURG, PA 17257 RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 130 SHADY ROAD NEWBURG, PA 17240 501,HIGHVIEW TERRACE STREET BRANDON, FL 33510 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Patriot Federal Credit Union 800 Wayne Avenue; P.O. Box 788 Chambersburg, PA 17257 Patriot Federal Credit Union 17 North Church Street C/o: Donald L. Kornfield; Esquire Waynesboro, PA 17268 4. Name and address of last recorded holder of every mortgage of record; Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. ]Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Domestic Relations of 13 North Hanover' Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA. 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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 falsestatements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. November.3, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq.,'Id. No. 32227 ? Francis S. Hallinan, Esq.,' Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 ?'Michele M. Bradford; Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No: 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq.; Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 2-Andrew C. Bramblett, Esq., Id. No. 208375 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 06-5440-CIVIL TERM RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 10 DESOTA AVENUE PALMETTO, FL 34221 :RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RICHARD W. PECHT 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR, THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $99,940.38 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges; costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney„) 1. - If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff. gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (34) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (1'0) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-5440-CIVIL TERM 'WELLS FARGO BANK, N.A. VS. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT owner(s) of property situate in Southampton Township, Cumberland` County, Pennsylvania, being` (Municipality) 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 Parcel No. 39-36-2424-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $99,940.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot, tract of land!., parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, ' ]Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride `land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING: TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. PREMISES BEING: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2424-017 I? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From RAYMOND R. PECHT, II a/k/a RAYMOND R. PECHT; RICHARD W. PECHT (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 $99,940.38 L.L. Interest from 7/24/07 to Date of Sale ($16.43 per diem) -- $21,654.74 Atty's Comm % Due Prothy $2.00 Atty Paid $2,976.83 Other Costs Plaintiff Paid Date: 1.1/4/10 Aavidd (Seal) By: REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for:' PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 208375 cell„ ?fProDeputy 4 ? f rIl W"t' 22 PH F Nl Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT No.: 06-5440-CIVII, TERM RICHARD W. PECHT Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 116722 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 26, 2006. 2. Judgment was entered on July 26, 2007 in the amount of $99,940.38. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:08-04587 on December 9, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated November 18, 2009. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". b.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:10-04597 on June 1, 2010. The Bankruptcy was dismissed by order of court dated October 7, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on March 2, 2011. 116722 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $85,327.16 Interest Through March 2, 2011 $243049.47 Per Diem $15.41 Late Charges S89.92 Legal fees $3,700.00 Cost of Suit and Title $7,016.82 Sheriffs Sale Costs $2,333.33 Property Inspections/ Property Preservation $305.00 Appraisal/Brokers Price Opinion $425.00 Mortgage Insurance Premium / $1,247.32 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,583.92 TOTAL $129,077.94 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 1D. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 14, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 116722 It. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: - ?? ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93 337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivaek, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT No.: 06-5440-CIVIL TERM RICHARD W. PECHT Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 116722 I. BACKGROUND OF CASE RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT and RICHARD W. PECHT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.-E., Judgments § 191. Stephenson v. Butts, 187 Pa-Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 116722 Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 116722 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 116722 to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville 116722 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of' sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R,C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 116722 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it. would recover the monies it expended to protect its collateral. 116722 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: -?? By: Q'&L C *&b ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 116722 Y 00, Exhibit "A" 116722 PHELAN HALLINAN & SCHIVIIEG, L.L.P. By: DANIEL G. SCWYIIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MANUFACTURERS & TRADERS TRUST 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 V. Plaintiff, RAYMOND R. PECHT, JR. A1KIA RAYMOND PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5440- CIVIL TERM RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of Answer to Plaintiffs Complaint within 20 days from ~ ~? mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 9/12/06 to 7/23/07 TOTAL and against RAYMOND R. I'ECHT for fail8re to file an =f6i Foreclosue anaabRf the r= is c' r\ $95,089.38 ^>?' $4,851.00% $99,940.38 w c, -c I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been give.,, sip J e 237.1, copy attached. DANIEL G. SCHMIEG, I, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. bK DATE: 07 dO -PR ?O THY 116722 Exhibit "B" 116722 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RAYMOND R. PECHT, II Bk. No. 1:08-bk-04587 MDF LISA M. PECHT Debtors Chapter No. 13 MANUFACTURERS & TRADERS TRUST Movant 11 U.S.C. §362 V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT LISA M. PECHT A/K/A LISA M. SHIELDS-HAWBAKER Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of MANUFACTURERS & TRADERS TRUST (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and MANUFACTURERS & TRADERS TRUST may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the C'otut 7a?l 1 1144' liil ? .` judge JDK Dated: November 18, 2009 This document is electronically signed and filed on the same date. Case 1:08-bk-04587-MDF Doc 62 Filed 11/18/09 Entered 11/18/0910:47:11 Desc Main Document Page 1 of 1 Exhibit "C" 116722 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RAYMOND R. PECHT, II LISA M. PECHT Chapter: 13 Case Number: 1:10-bk-04597 Debtor(s) CHARLES J. DEHART, III (TRUSTEE) Movant(s) vs. RAYMOND R. PECHT, II LISA M. PECHT Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and no response that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Dated: October 7, 2010 By tale Court, Chief Bankruptcy Judge (JK) MDPA-Dismiss Casa.WPT - REV 03109 Case 1:10-bk-04597-MDF Doc 45 Filed 10/07/10 Entered 10/07/10 13:43:55 Desc Main Document Page 1 of 1 Notice Recipients District/Off. 0314-1 Case: 1:10-bk-04597-MDF User: BRushow Form ID: pdf001 Date Created: 10/7/2010 Total: 76 Recipients submitted to the BNC (Bankruptcy Noticing Center) without an address: cr WELLS FARGO BANK, N.A. cr Recovery Management Systems Corporation TOTAL:2 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03.ha.ecf@usdoj.gov tr Charles J. DeHart, III (Trustee) dehartstaff@pamd13trustee.com aty John W Frey johndsslaw@pa.net aty Joseph P Schalk pamb@fedphe.com aty Keith B DeAnnond infonnation.deannondlaw@gmail.com TOTAL:5 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Raymond R. Pecht, II 4 Scrafford Street Shippensburg, PA 17257 jdb Lisa M. Pecht 4 Scrafford Street Shippensburg, PA 17257 cr Charlie Pentz's Auto Sales, Inc. 7485 Anthony Highway Waynesboro, PA 17268 3588457 ACS/College Loan Corporation 501 Bleeker Street Utica, NY 13501 3606182 Aaron Sales &Lease 1754 Lincoln Way East Chambersburg, PA 17201 3588458 Allied Interstate 3000 Corporate Exchange Drive, 5th Columbus, OH 43231 3588459 America's Choice Reader Services P.O. Box 89 Great Falls, MT 59403 3588460 American General P.O. Box 3251 Evansville, IN 47731 3588461 Amy Ringley 600 Humphrey Court, Apartment # 102 Harrisburg, PA 17109 3588462 Anesthesia Of Franklin C/O National Recovery Associates PO Box 67015 Harrisburg, PA 17106 3588463 Avon Products C/O Sunrise Credit Services, Inc. 260 Airport Plaza - PO Box 9100 Farmingdale, NY 11735 3588465 BBS Grocery Outlet C/O Paytek PO Box 10749 Murfreesboro, TN 37129 3588464 Barley Snyder, LLC 247 Lincoln Way East Chambersburg, PA 17201 3588466 Boudreau &Associates 5 Industrial Way Salem, NH 03079 3588467 C.V. Women's Group C/O Credit Management Company P.O. Box 16346 Pittsburgh, PA 15242 3588468 Capital One P.O. Box 30281 Salt Lake City, UT 84130 3588469 Cardinal Management, LLC C/O National Credit Adjusters PO Box 3023 - 327 West Fourth Stree Hutchinson, KS 67504 3588470 Chambersburg Dental Associates, LTD 225 Walker Road Chambersburg, PA 17201 3588471 Chambersburg Hospital P.O. Box 897 Chamberburg, PA 17201 3588472 Charles Pentz Auto Sales 8080 Metzer Gap Road Waynesboro, PA 17268 3588473 Consolidated Collection Services 2213 Forest Hills, Suite 2 Harrisburg, PA 171 12 3676122 Credit Acceptance 25505 W 12 Mile Rd Ste 3000 Southfield MI 48034 3588474 Credit Acceptance P.O. Box 551888 Detroit, MI 48255 3588475 Credit Union Of Texas C/O Flatiron Financial Services 6782 South Potomac Street Centiennial, CO 80112 3588476 Cumberland ENT Facial Plastic Surge 2025 Technology Oarkway, Suite G Mechanicsburg, PA 17050 3588477 Cumberland Valley Medical Services 601 Norland Avenue, Suite 201 Chambersburg, PA 17201 3588478 Cumberland Valley Neurosurgical 764 Lincoln Way East Chambersburg, PA 17201 3588481 DJR Group, LLC C/O HZB Financial Services 1415 Hwy 85N, Suite 310-308 Fayetteville, GA 30214 3588479 Dial America Marketing 960 McCarther Boulevard Mahwah, NJ 07495 3588480 DirecTV C/O Allied Interstate PO Box 361477 Columbus, OH 43236 3588482 Donald L. Kornfield 17 Church Street Waynesboro, PA 17268 3588483 Dr. Currie &Hecht 338 Alexander Spring Road, Suite B Carlisle, PA 17015 3588484 EMPI, Inc. C/O Pinnacle Financial Group 7825 Washington Avenue, Suite 310 Minneapolis, TN 55439 3588485 Fifth Avenue Chiropractic C/O National Recovery Agency 4201 Crums Mill Road Harrisburg, PA 17112 3588486 Finance America C/O Imperial Credit Systems, Inc. 125 North Parkside Drive, Suite 302 Colorado Springs, CO 80909 3588488 HSBC Card Services P.O. Box 17051 Baltimore, MD 21297 3588487 Harris Connect C/O Chase Receivables 1247 Broadway Sonoma, CA 95476 3588489 Innernet, Inc. Credit Management Company P.O. Box 16346 Pittsburgh, PA 15242 3588490 Integrity PDL Services C/O Second Round PO Box 1361 San Marcos, TX 78667 3691964 Jefferson Capital Systems LLC PO BOX 7999 SAINT CLOUD MN 56302--9617 3588491 Lehigh Anesthesia Associates C/O Hamilton Law Group P.O. Box 90301 Allentown, PA 18109 3588492 M &T Bank 1 Fountain Place, 3rd Floor Buffalo, NY 14240 3588493 Manito 426 Phoneix Drive Chambersburg, PA 17201 Case 1: 1 0-bk-04597-MDF Doc 45-1 Filed 10/07/10 Entered 10/07/10 13:43:55 Desc PDF all creds ptys UST IRS: Notice Recipients Page 1 of 2 3588494 Medical Arts Allergy C/O National Recovery Agency P.O. Box 57015 Harrisburg, PA 17106 3588495 Melvin Smoker 26 Lesher Road Newburg, PA 17240 3588496 Michael Denning 9435 Molly Pitcher Highway Shippensburg, PA 17257 3588498 Mountain View Veterinary Services 4035 McClay's Mill Road Shippenburg, PA 17257 3588499 My Cash Now C/O Financial Accounts Services Tea PO Box 11567 Knoxville, TN 37939 3588500 National Loan Recoveries 2777 Summer Street Stamford, CT 06905 3588501 Orstown Bank C;O The Shuller Group, Inc. 120 Leeds Road Newville, PA 17241 3588502 Patriot Federal Credit Union 800 Wayne Avenue Chambersburg, PA 17201 3588503 Peak 5 6782 South Potomac Street Centennial, CO 80112 3588504 Phelan, Hallinan &Schmieg, LLP 1617 John F. Kennedy Blvd., Suite I Philadephia, PA 19103 3588505 Protocol Recovery Service 509 Mercer Avenue Panama City, FL 32401 3588506 Providian Bank P.O. Box 660487 Dallas, TX 75266 3588507 Quick Payday C/O Glacial Star Group 150 Motor Parkway, Suite 103 Hauppauge, NY 11788 3621151 Recovery Management Systems Corporation 25 S.E. 2nd Avenue, Suite 1 120 Miami, FL 33131-1605 3588508 Richard Boudreau &Associates 5 Industrial Way Salem, NH 03079 3588509 Salute Payment Processing P.O. Box 11802 Newark, NJ 07101 3588510 Shippensburg Family Practice 46 Walnut Bottom Road Shippensburg, PA 17257 3588511 South Central Surgical Associates 757 Norland Avenue, Suite 104 Chambersburg, PA 17201 3588512 Speciality Merchandise Corp. C/O States Recovery System, Inc. PO Box 2860 Rancho Cordova, CA 95742 3588513 Sprint PCS C/O Afni, Inc. P.O. Box 3097 Bloomington, IL 61702 3588514 Steelton Fire Department EMS P.O. Box 7648 Steelton, PA 17113 3588515 University Of Phoenix 3157 East Elmwood Street Phoenix, AZ 85034 3588516 Valley Medical Group C/O Credit Management Company P.O. Box 16346 Pittsburgh, PA 15242 3673675 Verizon Wireless PO BOX 3397 Bloomington, IL 61702 3602661 WELLS FARGO BANK, N.A BANKRUPTCY DEPT ONE HOME CAMPUS MAC X2302-04c DES MOINES, IA 50328 3588517 Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 TOTAL: 69 Case 1:10-bk-04597-MDF Doc 45-1 Filed 10/07/10 Entered 10/07/10 13:43:55 Desc PDF all creds ptys UST IRS: Notice Recipients Page 2 of 2 Exhibit "D" 116722 O 0 a? rW o x? U z -Ss ro Ln U z? ao 'a L b ? zeo L; cJ L' ?_?ii o L, p £ 0 l6 L WOO dIZ W08A 031IVVY _ '?v c ? J OLOZ t71030 99ZCCZt7000 ' v c a o •? W $ N? z o o9Z , 53M09 A3Nlld G O®0 ? .4U .3 if r `^v?, OD ? '? 5 L ? ?a ?% Ls ?°Aa,E + ' V1 ? S3 ti :g t-p L' ? J us: + Qa ? M a E: v v w >? N ? E w C U ? ^ p ? NF:o NN b U tj U W L .= -p CCi ? O C Q' y C W w ? N "Op `ai 6.O M a c ow. EN O a b.o :: E E:.x G v LL . v c a o v ? c O M ' ? a „ y b Q x Qr x au a? U ?j U w a a Z a 0 3 w 3 0 v b x c x a ? U W ? b T id ? p O O F aw N y U ? U U L V " Aw 00 a "00 a? a a V U a 44-o o Z Z z ° N N N ¢ x x x `? n v . F z v ? --+ N 00 Q? O N M v o v N N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 14, 2010 RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RE: WELLS FARGO BANK, N.A. v. RAYMOND R. PECHT, II, A/K/A RAYMOND R. PECHT and RICHARD W. PECHT Premises Address: 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 06-5440-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve ly yours, La nce T. Phelan, Esquire Fr cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 116722 Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure 116722 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: _r ft( , A'Q? 01 Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 2.08375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT CUMBERLAND County No.: 06-5440-CIVIL TERM Defendants CERTIFICATION OF SERVICE 116722 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RAYMOND R. PECHT, II RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT A/K/A RAYMOND R. PECHT RICHARD W. PECHT 10 DESOTA AVENUE 4 SCRAFFORD STREET PALMETTO, FL 34221 SHIPPENSBURG, PA 17257 RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 Phelan Hallinan & Schmieg, LLP DATE: I -?tl IQ) By: 4NA(A"'-M ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava. Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA • C-) r--D o ?n V. .per ° =-st r- RAYMOND R. PECHT, II, M ?Op C3 A/K/A RAYMOND R. PECHT, 1 RICHARD W. PECHT, Cd -v o0 DEFENDANTS NO. 06-5440 CIVIL Zo CI) s' C) ORDER OF COURT AND NOW, this 271h d ay of December, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, V% i, 4 .0 M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiff "Raymond R. Pecht, II a/k/a Raymond R. Pecht Richard W. Pecht Defendants - le Co???alag')o 046 bas AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 116722 DEFENDANT SERVICE TEAM/ kxc RAYMOND R. PECHT, H A/K/A RAYMOND R. PECHT COURT NO.: 06-5440-CIVIL TERM RICHARD W. PECHT SERVE RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT TYPE OF ACTION AT: XX Notice of Sheriff's Sale 4 SCRAFFORD STREET SALE DATE: 03/02/2011 SHIPPENSBURG, PA 17257 SERVED C) rv 0 Served and made known to RAYMOND R. PECHT. H , Defendant on the ltday of b'x&MlE3f 2;§ aC 434, o'clock ?. M., at ?fPe,Ql, STREET' in the manner described below: rn W r ? Defendant personally served. !5W 1 PP4'03 B VAA-lFes' A _ Adult family member with whom Defendant(s) reside(s). f Relationship is ca r= _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). > n -- Agent or person in charge of Defendant's office or usual place of business. = _ an officer of said Defendant's company. -? C3 _ Other: -< Description: Age 3o s Height S;GD, Weight X0 Race W Sex M Other I, 1?0N' N(D LC,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 13+ day of ://da 20 t 0? Notary: y: On the f 20 at t Does Not Exist C) 'n s rn- "U rn CD C7 -n On --1M D KIMURL Y CURTY NOT0 V MU9LtC lz°tai-*:Cw .RSFY MY C0Mr"115,0, fh lltFa MARCH 7, 2013 o'clock _ M., Defendant NOT FOUND because: - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF l awrame T. Phelan, Esq., Id. No. 32227 Francis S. HalYnan, Esq., Id. No. 62695 Daniel G. Schmk& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-land, Esq., Id. No. 81760 Jenhre R Davey, Esq., Id. No. 87077 Lauren IL Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Muk ahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrlsovalonte P. Rakes, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courteney R. Dunn, Esq., Id. No. 206779 Andrew C Bramblett, Esq., Id. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 .. I + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION s•rj _ RAYMOND R. PECHT, H A/K/A RAYMOND R. PECHT No.: 06-5440-CIVIL TERM, --- RICHARD W. PECHT 777 Defendant(s) i AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) - - PHILADELPHIA COUNTY ) SS: 4. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) an Tied Mail Return Receipt stamped by the U.S. Postal Service is attached,]??o Exhi ". ? Dan wre Ian, Esq., Id. No. 32 27 ancis S. Hallinan, Esq., Id. No. 62 95 iel G. Schmieg, Esq., Id. No. 6 05 ? Michele M. Bradford, Esq., Id. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ew C;. Bramblett, Esq., Id. No. 208375 Allison F, Wells, Esq., Id. No. 309519 Attorney for Plaintiff r? IMPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Date: PHS # 116722 r F v r C L C r ti C M C as a? q t rs. . 90 U: ?r b >~ ? b zap } w £p ot GSG 3000diZ oe 1, 0A kVoUd ?$ 9StZZ 00: , 0 1 w r ? o 1 ? 7 a !.1 ? I?l d y ' ^? Q W F r3 ' N ' ^ d ? ?b-M P W pRl? O rig t7 ? rn ? ? v? a ? o w 1,4 ? w o °?? ?. a ° a a o rn .r U? 95 w Q o' o a a °ra NO e e > N >a R.< d w o 11 w v a i7 a 9 .9.? a3e 1 o ?a 4-LIS p NO q? o 8 d a ? s ez° e - ? ?e a j ?3 s ? o d s? a .. z w ?v?v ? , v w??a g ill v r c . An 0 C a .? N M le h %D t- 00 O" t F AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, N.A. PHS # 116722 DEFENDANT SERVICE TEAM/ kxc RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT COURT NO.: 06-5440-CIVIL TERM RICHARD W. PECHT ? C c^NS 4 SERVE RICHARD W. PECHT AT: TYPE OF ACTION :r 4 SCRAFFORD STREET XX Notice of Sheriffs Sale ?co -n 1 t- f SHIPPENSBURG, PA 17257 SALE DATE: 03/02/2011 ****PLEASE POST BY 1/28/11 PER CO RT **** Zen ; I U ORDER /) C3 SERVED C -< C7 Served and made known to RICHARD W. PECHT , Defendant on the .194' day of T kA it 2011 :16, o'clock ?. M., at 4 Sg4ffaRD St. 5I1iC066BU96- A4 , in the manner described below: yQ C7 Defendant personally served. ?G Adult family member with whom Defendant(s) reside(s). Relationship is -< Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ _ an officer of said Defendant's company. Other: OS 7f=n Description: Age Height Weight Race Sex Other I, PQWL0 M6 t- , a competent adult, being duly sworn according to law, depose and state that I personally bbl -mwdrd a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this f4 day NOTARY PUBLIC of _7 , 20 t STATE OF NEW JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 Notary: NOT SERVED On e f 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacs Does Not Exist - Moved - Does Not Reside (Not Vacant) L__- b A3tsvGer b"- at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Ifallhum, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren P. Taints, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. N. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bromblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 P1[-ED-0I-F CF PROTNONOTAR 2011 FEB 15 AM 9: 49 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County RAYMOND R. PECHT, II : A/K/A RAYMOND R. PECHT No.: 06-5440-CIVIL TERM RICHARD W. PECHT Defendants MOTION TO MAKE RULE ABSOLUTE 116722 WELLS FARGO BANK, N.A., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 22, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 14, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about December 27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was served upon all parties on December 28, 2010, in accordance with the applicable rules of civil procedure. 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. 116722 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 2 Phelan Hallinan & Schmieg, LLP ? Lawrence T.ela;-Es ., o. 32227 4=4-Fr?i ism. allinan, Esq., Id. No)6.22 5 ? Daniel G. Schmieg, Esq., Id. No5 ? Michele M. Bradford, Esq., Id. N849 ? Judith T. Romano, Esq., Id. No. ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrf,-,? C. Bramblett, Esq., Id. No. 208375 ET-Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT CUMBERLAND County No.: 06-5440-CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 116722 A Motion to Reassess Damages was filed with the Court on December 22, 2010 . A Rule was entered by the Court on or about December 27, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was served upon all parties on December 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 17, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Phelan Hallinan & Schmieg, LLP Lawr nce TeFfFelan, Esq., . 32227 . N2695 17Francis S. allinan, Esq., Ido 6 ? Daniel G. Schmieg, Esq., Id. N . 62205 ? Michele M. Bradford, Esq., . No. 69849 ? Judith T. Romano, Esq., . No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Court ay R. Dunn, Esq., Id. No. 206779 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 Exhibit "A" 116722 G v R J ? ? O v ? N C G' ? `J J T O a EF w w W ti N A `* M w O d 04 F ? U Q s w U W W C> w Cr a C/) Q+ F a A W o y `C C ? e v) u ~ = c of) F F U U C? ? ?a¢ . Q AA A XU C O W Q Q > " H >? d dl ? N N U Q ^i r+ •v ? ? CL C y ,b ? yy d y Q> ? 7_,QQ V M? W w H A Q O A Q 0 H x U w a A d x U a b C r .r x U w a a A Ov° N H N r a r ? ? U G wr ^? w.o y ? C F v C u y .b F N O C r C b ? = v D G ?• C v n DO = F r O ? ZS L U ,c N s °ro i .: v y O C F :r tivaa x M ti 2 a°w v? aC o ?a 7 •U z_. 7 tY U F cu v u h o ? •o z=a _ V H N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 14, 2010 RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT' 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RE: WELLS FARGO BANK, N.A. v. RAYMOND R. PECHT, II, A/K/A RAYMOND R. PECHT and RICHARD W. PECHT Premises Address: 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 06-5440-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve ly yours, La nce T. Phelan, Esquire C4U Fr cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vi.vek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 116722 WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 0 C-) c ? -n -4 V. ,03 W ° ? x-n ?r- RAYMOND R. PECHT, II, 2 N ;mac A/K/A RAYMOND R. PECHT, ?v _ ° o RICHARD W. PECHT, rZ to -o ST C) -n DEFENDANTS NO. 06-5440 CIVIL pn Z Zn ZC p C) r" ORDER OF COURT - AND NOW, this 27'h day of December, 2010, upon consideration of the Plaintiff's Motio n to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before January 17, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, - vf+? -?- ?-a M. L. Ebert, Jr., J. Jaime McGuinness, Esquire Attorney for Plaintiff "LRaymond R. Pecht, 11 , A a Id a/k/a Raymond R. Pecht Richard W. Pecht CDPies ?)0 Defendants 1AI-14 bas VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: Phelan Hallinan & Schmieg, LLP LJ Lawrence . Phelan, Esq., I . 32227 Francis . Hallinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., I d. 6225 Michele M. Bradford, Es d. No. 69849 ? Judith T. Romano, Esq., d. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ArAdr*w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 116722 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 06-5440-CIVIL TERM CERTIFICATION OF SERVICE 116722 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT 10 DESOTA AVENUE PALMETTO, FL 34221 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 DATE: 7,llyhl B U Eawrence T. Ph sq., Id. No. 32 27 Francis S. Hal nan, Esq., Id. . No. 6 95 ? Daniel G. Schmieg, Esq., No 2205 ? Michele M. Bradford, Esq., I . o. 69849 ? Judith T. Romano, Esq., Id o. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? 6adfe--w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieiz. LLP 116722 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK, N.A. Plaintiff V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendants AND NOW, this I ?? day of Court of Common Pleas Civil Division CUMBERLAND tv= r-- No.: 06-5440-CIVg'r --: v, CD ' " l ORDER _q ,T, 2011, upon consideration of ljaigWf's-)' Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through March. 2, 2011 Per Diem $15.41 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $85,327.16 $24,049.47 $89.92 $3,700.00 $7,016.82 $2,333.33 $305.00 $425.00 $1,247.32 $0.00 ($0.00) $4,583.92 $129,077.94 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. L/I Alli9on F Web, Est ?t Mond R. Fb&t,1t ??d?tmf?W?? R. f?cht BY THE COURT - ?% i, ? ? , . o IC8 116722 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?? THE FILED-OFFICE Sheriff Jody S Smith 2011APP-I AM 10: 15 Chief Deputy Richard W Stewart a ? ?CUMBERLAND COUNTY Solicitor OVICE 'f THE .;"sRfF PENNSYLVANIA Wells Fargo Bank, N.A. vs. Case Number . Raymond R Pecht, Jr. (et al.) 2006-5440 SHERIFF'S RETURN OF SERVICE 01/05/2011 03:08 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Richard W. Pecht, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found"130 Shady Road, Newburg, PA 17240, defendant moved, did not leave a forwarding at post office. 01/06/2011 04:35 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by postinc a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 4 Scrafford Street, Shippensburg, PA 17257, Cumberland County. 01/26/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Raymond R. Pecht, Jr., but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 4 Scrafford Street, Shippensburg, PA 17257, defendant left forwarding address of: 201 Ferry Lane, Shippensburg, PA 17257, however, attorney effectuated service on this defendant. 03/16/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Wells Fargo Bank, N.A., 3476 Stateview Blvd, Fort Mill, SC, 29715, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $766.55 March 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF iq GoiintySuite Shenff. 7e;eoso`t b?c. WEULS FARwGO BANK, NAA. 'Plaintiff V. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 06-5440-CIVIL TERM CUMBERLAND COUNTY PHS # 116722 AFFIDAVIT PURSUANT TO RULE 3129.1 WELLS FARGO BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257. Name and address of Owner(s) or reputed Owner(s): Name RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 130 SHADY ROAD NEWBURG, PA 17240 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Patriot Federal Credit Union 800 Wayne Avenue; P.O. Box 788 Chambersburg, PA 17257 Patriot Federal Credit Union 17 North Church Street C/o: Donald L. Kornfield, Esquire Waynesboro, PA 17268 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. ' Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4SCRAFFORDSTREET SHIPPENSBURG, PA 17257 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 5 November3.2010 - By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 [Andrew C. Bramblett, Esq., Id. No. 208375 4 WELLS FARO BANK,'N.A. VS. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION : NO.: 06-5440-CIVIL TERM RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 RICHARD W. 10 DE AVENUE P ETTO, FL 34221 RICHARD W. PECHT 130 SHADY ROAD NEWBURG, PA 17240 RICHARD W. PECHT 501 HIGHVIEW TERRACE STREET BRANDON, FL 33510 RICHARD W. PECHT 4 SCRAFFORD STREET SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $99,940.38 obtained by WELLS FARGO BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 06-5440-CIVIL TERM WELLS FARGO BANK, N.A. VS. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT RICHARD W. PECHT owner(s) of property situate in Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 4 SCRAFFORD STREET. SHIPPENSBURG. PA 17257 Parcel No. 39-36-2424-017 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $99,940.38 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot, tract of land, parcel, piece of ground with the buildings and improvements thereon erected, BEING KNOWN AS LOT NO. 22 in a plan of lots laid out for Ralph A Scrafford, by John H Atherton, R.P.E., recorded in Plan Book 5, Page 18, situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows to wit: BEGINNING at a stake on the Southerly side (erroneously referred to as the Northerly side of in prior deeds) of a 40 foot wide street known as Scrafford Street, at the Northeasterly corner of Lot No. 21, now or formerly of Dorothy Gilbert Schaeffer, thence along the Southwesterly side of said 40 foot wide street known as Scrafford Street, North 67 degrees, 30 minutes East, 65 feet to a stake; thence by Lot No. 23, now or formerly of Roy W. Yeager and Ella Yeager, his wife, South 22 degrees, 30 minutes East, 118.43 feet to a stake at the line of land now or formerly of Thomas McBride; thence by said now or formerly McBride land, South 67 degrees, 30 minutes West, 65 feet to a stake; thence by Lot 21, now or formerly of Dorothy Gilbert Schaeffer, North 22 degrees, 30 minutes West, 118.43 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Raymond R. Pecht, II and Richard W. Pecht, by Deed from Forest N. Myers and Rebecca Pollard Myers, formerly known as, Susan R. Myers, his wife, dated 10/09/2003, recorded 10/10/2003, in Deed Book 259, page 4193. PREMISES BEING: 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 PARCEL NO. 39-36-2424-017 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., Plaintiff (s) From RAYMOND R. PECHT, II a/k/a RAYMOND R. PECHT; RICHARD W. PECHT (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-.©therurise--di-cposing-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 $99,940.38 L.L. Interest from 7/24/07 to Date of Sale ($16.43 per diem) -- $21,654.74 Atty's Comm % Atty Paid $2,976.83 Plaintiff Paid Date: 11/4/10 (Seal) Due Prothy $2.00 Other Costs David D. Buel Prothonotary By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD in Tio m W vrhered, l hm undo set my Nand NO the seal of sold Cart St CarfMls, Pa. This ?qfi dey d? I%Ihu - 20 IQ lwa t. 1 Supreme Court ID No. 208375 On November 22, 20 10 the Sheriff levied upon the defendant's interest in the -real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 4 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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 28, February 4, and February 11, 2011 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. L' a Mane Coyne, ditor SWORN TO AND SUBSCRIBED before me this 11 da of Februai 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2006-5440 Wells Fargo Bank, N.A. VS. Raymond R Pecht, Jr. Richard W Pecht Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 06-5440-CIVIL TERM, WELLS FARGO BANK, N.A. vs. RAYMOND R. PECHT, II A/K/A RAYMOND R. PECHT, RICHARD W. PECHT, owner(s) of property situate in Southampton Township, Cumber- land County, Pennsylvania, being 4 SCRAFFORD STREET, SHIPPENS- BURG, PA 17257. Parcel No. 39-36-2424-017. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $99,940- .38. 48 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 7he11latriot News Now you know CARLISLE PA 17013 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 Holly Blain. being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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 orinted notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below That neither she 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 she 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 This ad ran on the date(s) shown below: 2006-5440 Civil Term 1/28/11 Wells Fargo Bank, N.A. Vs l 2/4/11 ? Raymond R Pecht, Jr. 2/11/11 Richard W Pecht Arty: Daniel Schmleg _- By virtue of a Writ of Execution NO. 06-5440-CIVIL TERM .... • 1 l: .. t,? .. ?? ?_ `:. {. WELLS FARGO BANK, N.A. vs. RAYMON t Sworn to af6 subscribed before me tTiis2 da of Februa 2011 A D D R. PECHT, 11 AAA y ry, . . RAYMOND R PECHT _ f RICHARD W. PECHT ? owner(s) of Property situate in {. L l ?'• _. c.. ? ?? I ?? Southampton Township, Cumberland County, Pennsylvania, being _ Notary Public (Municipality) 4 SCRAFFORD STREET, SHIPPENSBURG, PA 17257 Parcel No. 39-36-2424-017 t.:ti!`4MjNWEdlL T H C?F PENNSYLVANIA (Acreage or street address) W"tarlal Seal Improvements thereon: RESIDENTIAL, Sherrie t- v1sner•, Notary Pubilc Dauphin County ower VaAon TWP. . DWELLING NDGMENTAMOUNT $99 940 38 , . commission Facplres Nov. 26, 2011 , iiy , . ?46?r!" `?evrn?vivareln ARtCd".`,1dElnh rtf NotaNa? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Wells Fargo Bank N A is the grantee the same having been sold to said grantee on the 2nd day of Mar ch A.D., 2011, under and by virtue of a writ Execution issued on the 4th day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5440, at the suit of Wells Fargo Bank N A against Raymond R Pecht II aka Raymond R Pecht & Richard W is duly recorded as Instrument Number 201109954. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l day of 744? A.D. 02 n A of Deeds ReoolderatDe?d40tni6erlsdtaarNX CannleleF!? My Can Eft EVkn 1r Fiat MWft dJft =4