HomeMy WebLinkAbout00-00050
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
Defendants
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)
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) MORTGAGE FORECLOSURE
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)
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NO. .:2000 - 5'0
l?w ~ l 8eP;>
vs.
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
NOTICE TO DEFEND
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717)240-6200
PIOSA HIXSON & REILLY, P.C.
LAwOFFlCES
PJOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUl"-!:: 101
7535 WINDSOR DRIVE
ALLENTOWN, PA 18195-1014
(610) 530-7!500
By:
Thomas . Reilly, Jr.,
Attorney for Plaintiff
Attorney 1. D. No. 416 8
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LAW OFFICES
PJOSA HIXSON & REILLY P.C,
ONE WINDSOR PL.AZA, SUITE: 101
7535 WINDSOR DRIVE
AL.I..ENTOWN, PA 18195.1014
(610) 530.7500
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. .,2{JtJV.50 ~ 7~
vs.
MORTGAGE FORECLOSURE
Defendants
COMPLAINT
AND NOW, comes the Plaintiff, Sovereign Bank, F.S.B., by and through its
attorney, Thomas E. Reilly, Jr., Esquire, and avers a cause of action of which the
following is a statement:
1. The Plaintiff, Sovereign Bank, F.8.B., Mortgagee, is a Pennsylvania
corporation with a principal office located at 525 Lancaster Avenue, Reading, Berks
County, Pennsylvania 19611.
2. The Defendants, Judy V. Windish and Stacey M. Spahr, are adult
individuals currently residing at 95 Deerfield Road, Camp Hill, PA 17011.
3. The Defendants, Judy V. Windish and Stacey M. Spahr, are the owners
of record of the premises known as 95 Deerfield Road, Camp Hill, Cumberland
County, Pennsylvania, and more fully described in Exhibit "A" which is attached
hereto and incorporated herein (the "Premises").
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LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE. WINOSOR PLAZA, SUITE 101
7535 WINC$OR DRIVE
ALLENTOWN, PA 18195-1014
(610) 530-7500
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4. On December 20, 1993, Defendant, Judy V. Windish executed and
delivered a Mortgage to Plaintiff upon the Premises, which Mortgage was recorded
on December 29, 1993 in the Office of the Recorder of Deeds, Cumberland County,
Pennsylvania, in Mortgage Book 1188, Page 937, et. seq. (the "Mortgage"). A true
and correct copy of the Mortgage is attached hereto, marked as Exhibit "B", and
incorporated herein.
5. The Mortgage has not been assigned by the Plaintiff.
6. The Mortgage was given as collateral security for a loan to the
Defendant, Judy V. Windish as evidenced by a Note executed by the Defendant on
December 20, 1993 in the principal amount of One Hundred Twenty-three
Thousand Eight Hundred Dollars ($123,800.00) (the "Note"). A true and correct
copy of the Note is attached hereto, marked as Exhibit "C", and incorporated herein.
7. The Mortgage is in default because the Defendant, Judy V. Windish,
has failed to make monthly payments of principal and interest due under the terms
of the Note and the Mortgage since April 1, 1999.
8. Because of the aforesaid default, on or about November 10, 1999, an
Act 91 Notice to take Action to Save your Home from Foreclosure was mailed to the
Defendant, Judy V. Windish by certified mail, return receipt requested, wherein
Plaintiff demanded that the Defendant, Judy V. Windish make a payment of
$7,239.81 as required by the Mortgage in order to cure the aforesaid default. A true
and correct copy of the said Act 91 Notice is attached hereto and marked as Exhibit
"D", and incorporated herein.
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LAWOFFICE:S
PIOSA HIXSON & REILLY P,C.
ONE WINOSOR PLAZA, SUITE 101
7535 WINOSOR DRIVE
ALLENTOWN. PA 181915-1014
(610) 530.7500
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9. A Notice of Availability of Home Ownership Counseling under the
Housing and Community Development Act of 1987 was mailed to the Defendant,
Judy V. Windish by first class mail on November 10, 1999 pursuant to the Housing
and Community Development Act of 1987, 42 U.s.C.S. Section 5301 et seq. A true
and correct copy of the said Notice is attached hereto, marked as Exhibit "E", and
incorporated herein.
10. A copy of the Verification Notice pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "F" and
incorporated herein.
11. The Defendant, Judy V. Windish has failed to pay the amount
demanded in the Act 91 Notice in order to cure the said default.
12. Pursuant to paragraph 21 ofthe Mortgage, Plaintiff is permitted to
recover reasonable attorney fees as part of this Mortgage Foreclosure Action.
Plaintiff anticipates the legal fees in this matter to be Nine Hundred Dollars
($900.00).
13. As a result of the default which occurred on April 1, 1999 and since the
mailing of the Notice, the following amounts are now due pursuant to the terms of
the Mortgage:
i..AWOFFICES
PIOSA HIXSON & REILLY P,C,
ONE WINDSOR PLAZA, SUlTE 101
75:35 WINDSOR ORIve:
AI.LENTOWN, PA 18195.1014
(610l530.7500
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(a) Principal
(b) Interest to 12/31/99
(c) Unapplied Balance
(d) Escrow Due
(e) Late Charges
(f) Misc. Fees
(g) Satisfaction Fee
(h) Atty Fees & Costs
TOTAL
$ 115,195.27
5,953.10
(2,018.00)
931.23
1,044.09
186.00
36.00
900.00
3; 122.221,6J:l
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WHEREFORE, Plaintiff demands judgment in its favor and against the
Defendants, Judy V. Windish and Stacey M. Spahr, in the amount of $122,227.69,
plus interest from December 31, 1999, late charges, escrow advances, costs of
foreclosure and sale ofthe mortgaged property and costs of this proceeding and
reasonable attorney's fees as provided in paragraph 21 ofthe Mortgage.
PIOSA HIXSON & REILLY
By:
Thomas E. Reilly, Jr., Es
Attorney for Plaintiff
I. D. No. 41668
VERIFICATION
I, AMY R. RUPP, state that I am the Assistance Secretary of
Sovereign Bank, Plaintiff in the within action, and as such, I am
authorized to make this Verification on behalf of the said
Sovereign Bank, and verify that the s.tatements made in the
foregoing document are true and correct.
I understand that false
statements herein are made subject to the penalties of 18 Pa. c. S.
Section 4904 relating to unsworn falsification to authorities.
Cu~ R . R.L0fJp
Amy . Rupp
Dated:'\)er~~. (n, Iffii
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ALL THAT CERTAIN parcel known as Lot #119, Section "F", Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31,1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F" Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "A"
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AFTER. RECORDING MAIL TO:
Sovereign Bank, F.S.B
1130 Borkshlro Blvd.
Wyomlsslng, PA 19610
:,:':~,~nt::. , ':"r< ....i::E:...s
G~Jlti.:rU,i,.. CCUtiTY- PA
'93 DEe 2:l Rl'1 B .~3
LOAN NO. 010-6040766
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[Space Aboye Thl. Une For Rocordlng Datil]
MORTGAGE
THIS MORTGlAGE ("Security Instrument-) Is given on Dee e m b e r 2 O. 1 9 9 3 . The mortgagor Is
Judy V. Windish
("Borrowsr"). This Security Instrument Is given to
Sovereign Bank,F.S.B.. tl Federal Savings Bank,
which Is organIzed and existing under the laws of the United States of AmerIca, and whose address Is
1130 Berkshire Blvd., Wyomlsslng, PA 19610 rLender"). ' .
Borrower owes lender the principal sum of Onl! Hundred Twenty Three Thousand Eight Hundred Dollars and no/100
Dollars (U.S. $ 1 2 3 . 8 0 0 . 0 0 ). ThIs debt is evidenced by Borrowers note dated the same date as this
Socurlty Inslrumonl rNolei, which provides lor monthly paymonts, whh the full debt, II not paid ea~ler, due and
payable on J a n u a r y 1. 2 0 2 4 . ThIs Security instrument secures to lender: (a) the repayment of the debt
evidenced by the Note. wIth Interest, and aU renewals. extensIons and modifications of the Note; (b) the payment of all
other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the
performance of Borrower's covenants and agreements under this Securhy Instrument and the Note. For this purpose,
Borrower does hereby mortgage, grant and convey to Lender the following described property located In
Cum b e r 1 and County, Pennsylvania:
which has the address of
Pennsylvania
95 Deerf1etd Road
[Slreet]
rProperty Address,;
Camp H 111
IClty]
17011
[Zip Codl!l]
TOGETHER WITH a1i the Improvements now or hereafter erected on the property, and aU easements.
appurtenances. and fixtures now or hereafter a part of the property. All replacements and addttions shall also be
covered by this Security Instrument All of the foregoing Is referred to in this Security Instrument as the -Property.-
BORROWER COVENANTS Ihat Borrower Is lawfully seised of the estate hereby conveyed and has Iho right to
mortgage. grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
PENNSYLVANIA-SINGLE FAMll Y-FNMA/FHLMC UNIFORM INSTRUMENT
ISC/CMDTPA/I0391/3039{9-90)-L PAGE 1 OF6
FORM 3039 9/90
bllidl!:i8 1~GE [137
EXHIBIT
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LOAN NO. 010-6040766
THIS SECURITY INSTRUMENT combines unffoml covenants for national use and non-unlform covenants wfth
\lmlted variatIons by Jurisdlction to constitute a uniform security Instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as foflows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and lnterest on the debt evidenced by th~ Note and any prepayment and late charges due under the
Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by lender, Borrower shall pay
to Lender on the day monthly payments are due under the Note, until the Note is paId in full, a sum ("Funds.) for: (8)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
leasehold payments or ground rents on the Property, If any; (c) yearly hazard or property Insurance premiums; (d)
yearly flood insurance premiums, if any; (e) yearly mortgage {nsurance premiums. if any; and (t) any sums payable by
Borrower to lender, In accordance with the provisIons of paragraph 8, in lieu of the payment of mortgage Insurance
premiums. These items are called -Escrow Items. - lender may, at any time, collect and hold Funds In an amount not
to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow
account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~
2601 at seq. ("RESPN), unless another law that applies to the Funds sets a lesser amount. If so, lender may, at any
time, collect and hold FUnds in an amount not to exceed the lesser amount. Lender may estImate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherWise In
accordanC9 with appllcabre law.
The Funds shall be held In an Institut[on whose deposits are Insured by a federal agency, instrtlmentallty, or entity
(Including Lender, If lender Is such an institution) or In any Federal Home Loan Bank. lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and app[ylng the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and appl[cable law
permits lender to make such a charge. However, lender may require Borrower to pay a one-time charge for an
Independent real estate tax reporting service used by Lender In connection with thIs loan, unless applicable law
provides otherwise. Unless an agreement Is made or appllcable law requlres Interest to be pald, Lender shall not be
required to pay Borrower any Interest or earnings on the Funds. Borrower and lender may agree In writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an annual accountIng of the
Funds. showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The
Funds are pledged as additional security for all sums secured by this Security instrument '
If the Funds held by lender exceed the amounts permItted to be held by applicable law, lender shall account to
Borrower for the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held
by lender at any time Is not sufficient to pay the Escrow Items when due. lender may so notify Borrower In writing, and.
in such case Borrower shall pay to lender the amount necessary to make up the deficiency. Borrower shall make up
the deficiency In no more than twelve monthly payments, at lender's sole discretion.
Upon payment In fun of all sums secured by this Security Instrument, lender shall promptly refund to Borrower any
Funds held by lender. If, under paragraph 21, lender shall acquire or sell the Property, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lender at the time of acquisitIon or sale as a credit against the
sums secured by this Security Instrument
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to pr[ncipal due; and last, to any late charges due under the Note.
4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines and Impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, If any.
Borrower shall pay these obligations In the manner provided In paragraph 2. or if not paid In that manner, Borrower
shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to lender afl notices of
amounts to be pard under this paragraph. If Borrower makes these payments directly, Borrower sha[1 promptly furnIsh
to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over thIs Security Instrument unless Borrower: (a) .
agrees In writing to the payment of the obligation secured by the lien In a manner acceptable to Lender; (b) contests In
good faith the lien by, or defends against enforcement of the lien In, legal proceedings which In the Lender's opinion
operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
lender subordinating the lien to this Security Instrument. If lender determines that any part of the Property Is subject
to a lien which may attain priority over this Security Instrument, lender may give Borrower a notice klentifyfng the lien.
Borrower sha[1 satisfy the lien or take one or more of the actions set forth above within 10 days of the gMng of notice.
5. Hazard or Property Insurance. Borrower sha[1 keep the Improvements now existing or hereafter erected on the
Property Insured against loss by fire, hazards Included within the term -extended coverage- and any other hazards.
including floods or floodIng, for which Lender requires insurance. ThIs Insurance shall be maintained in the amounts
and for the periods that lender requires. The Insurance carrier provIding the insurance shall be chosen by Borrower
subject to lender's approval which shall not be unreasonably wlthhe[d. If Borrower falls to maintain coverage described
above, lender may, at lender's optlon, obtain coverage to protect lender's rights In the Property In accordance with
paragraph 7, " ,
PENNSYLVANIA-SINGLE FAMllY-FNMA/FHLMC UNifORM INSTRUMENT
ISC/CMOTPA/I0391/3039(9-90).L PAGE 2 OF6
FORM 3039 51/90
~oudHj8 I'AGE U38
LOAN NO. OIO~6040766
. A1i insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause.
lend8T shall have the right to hold the policies and renewsls. If le~der requires, Borrower shall promptly give to lender
a\\ rece\pts of pa\d premIums and renewal notices. In the event of loss. Borrower shall give prompt natlcs to the
Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree In wrltlng. insurance proceeds shall be applled to restoration or repalr
of the Property damaged, If the restoration or repair Is economically feasible and Lender's security Is not lessened. If
the restoratIon or repair Is not economically feasible or lender's security would be lessened, the Insurance proceeds
shall be applied to the sums secured by this Security Instrument, """'ether or not then due, with any excess paId to
Borrower. If Borrower abandons the Property, or aoes not answer whhln 30 days a notice from Lender that the
Insurance carrier has offered to settle a claim, then Lender may collect the Insurance proceeds. Lender may LIse the
proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then dUe.
The 3D-day period wm begin when the notice Is given.
Unless Lender and Borrower otherwise agree In writing, any applicatloh ofj>roceeds to principal shall not extend or
postpone the due date of the monthly payments referred to In paragraphs 1 anc 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument ImmedIately prior to the acquIsition.
6. Occupancy, PreservatIon, Maintenance and Protection of the property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence withIn sixty
days after the execution of this Security Instrument and shalt continue to occupy the Property as Borrower's prIncipal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent
shall not be unreasonably whhheld, or unless extenuating circumstances exist whIch are beyond Borrower's contra!.
Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the
Property. Borrower shall be In default if any forfeiture action or proceeding, whether civil or criminal, Is begun that In
lender's good faith ludgment could result in forfeiture of the Property or otherwise materially Impair the Iten created by
this Securhy Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provIded in
paragraph 18, by causing the action or proceeding to be dlsmlssed with a ruling that, In Lender's good faith '
detennlnatlon, precludes forfeiture of the Borrower's Interest In the Property or other materiallmpalnnent of the lien
created by this Security Instrument or Lender's security interest. Borrower shall also be In default Jf Borrower, during the
loan applicatIon process, gave materially false or Inaccurate information or statements to Lender (or falted to provide
Lender with any material information) In connectlon whh the loan evidenced by the Note, Including, but not limited to,
representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument
is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writIng.
. 7. ProtectIon of Lender's Rights In the Property. If Borrower fans to perform the covenants and agreements
contaIned In thIs Securfty Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the
Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or
regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's
rights In the Property. Lender's actions may include paying any sums secured by a lien whIch has priority over this
Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs.
Although Lender may take action under this paragraph 7, Lender does not have to do so.
.. '-Any amounts disbursed by Lender under this paragraph 7 shall become additfonal debt of Borrower secured by
thIs Securhy Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, with Interest, upon notice from Lender to
Borrower requesting payment.
8.. Mortgage Insurance.. If Lender requlred mortgage (nsurance as a condition of making the (oan secured by thIs
Security Instrument, Borrower shal! pay the premiums required to marntaln the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the
premiums required to obtain coverage substantIally equivalent to the mortgage Insurance previously In affect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect. from an alternate
mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not avaHable,
Borrower shall pay to Lender each month a sum equal to one.twelfth of the yearly mortgage insurance premium being
paid by Borrower when the insurance coverage lapSed or ceased to be In effect. Lender will accept, use and retain
these payments as a 105S reselVe in 1leu of mortgage Insurance. Loss reserve payments may no longer be requIred, at
the option of Lender, If mortgage Insurance coverage (In the amount and for the period that Lender requires) provided
by an Insurer approved by Lender again becomes avaUable and Is obtained. Borrower shall pay the premIums required
to maIntain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends
In accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and Inspections of the Property. Lender
shall gIve Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspect/on.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, In connection with
any condemnation or other taking of any part of the Property, or for conveyance in /leu of condemnation, are hereby
assigned and shall be paid to Lender.
PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSmuMENT
ISCjCMDTPA/f0391/3039(9-00j.L PAGES OF6
FORM 3039 9/90
bOO~ 11.b8 PAGE 939
LOAN NO. 010-6040766
In tho ovent of a total laking of the Property, the proceeds shall be applied to the sums secured by Ihls Security
\nstrument, whether OT not then due, whh any excess pald to Borrower. In the event of a partial taking of the Property In
which the fair market value of the Property Immediately before the taking Is equal to or greater than the amount of the
sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree
In writing, the sums secured by this Security Instrument ~ha" be reduced by the amount of the proceeds multiplied by
the foflowlng fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the fair
market value of the Property Immediately before the taking. Any balance shall be paid to Borrower. In the event of a
partial taking of the Property In which the fair market value of the Property ImmediateJy before the takJng Is less than the
amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or
unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums are then due.
If the Property Is abandoned by Borrower, or If, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages, Borrowerfails' to res'pon~ to Lender within 30 days after the date the
notice Is given, Lender Is authorized to collect and apply the proceeds, at Its option, either to restoration or repair of the
Property or to the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of such
payments. .
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In
Interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors In
Interest. Lender shall not be required to commence proceedIngs against any successor in Interest or refuse to extend
time for payment or otherwise modffy amortizatIon of the sums secured by this Security Instrument by reason of any
demand made by the origInal Borrower or Borrower's successors In interest. Any forbearance by Lander to exerclstng
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Uablllty; Co-signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
provisions of paragraph 17. Borrower's covenants and agreements shall be Joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) Is co-signlng this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) Is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
Borrower may agree to extend. modify, forbear or make any accommodations wfth regard to the terms of this Security
Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which sets maximum loan
charges, and that law is finally Interpreted so that the interest or other loan charges coflected or to be collected In
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower whIch
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the
principal owed under the Note or by making a dIrect payment to Borrower. If a refund reduces principal, the reduction
wlJl be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for In this Security instrument shall be given by delivering it or by
mailing it by first class mall unless applicable law requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given
by first class mall to Lender's address stated herein or any other address Lender designates by notice to Borrower.
Any notIce provided for in this Security instrument shall be deemed to have been given to Borrower or Lender when
given as provided In this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
Jurisdiction In which the Property Is located. In the event that any provision or clause of this Security Instrument or the
Note conflIcts with applicable law, such conflict shall not affect other provIsIons of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and
the Note are declared to be severable.
16. Borrower's Copy. Borrower shatl be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any Interest
In it Is soid or transferred (or Ifa beneffciallnterest In Borrower Is sold or transferred and Borrower is not a natural
person) without Lender's prior written consent, Lender may. at Its option, require Immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise Is prohIbited by
federal law as of the date of this Security Instrument.
If Lender exercfses this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice Is delivered or mailed withIn which Borrower must pay all sums secured
by this Security Instrument. If Borrower faDs to pay these sums prIor to the expiration of this period, Lender may Invoke
any remedies p,ermltted by ttlis Security Instrument without further notice or demand on Borrower.
PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT
lSC/CMDTPA/ /0391/3039t9-90)-L PAGE 4 OF 6
FORM 303i 9/90
MOK 1188 FACE :l.tO
"
LOAN NO. 010-6040766
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument dIscontinued at any time prior to the earlier of: (a) 5 days (or such other period
as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contaIned In
this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument Those conditions are that
Borrower: (a) pays Lender all sums which then would be due unde.r.thls Security Instrument and the Note as If no
acceleration had occurred; (b) cures any default of any other covEllants or agreements; (c) pays all expenses Incurred
In enforcing this Security Instrument, Including, but ho~ limited to, .reaso~able attorneys' fees; and (d) takes such action
as Lender may reasonably require to assure that the lien of thl1; SecuritY lnstrument, Lender's rights In the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon
reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if
no acceleration had occurred. However, this rlght to reinstate shall not apply In the case of acceleration under
paragraph 17.
19. Sale of Note; Change of Loan Servicer.
The Note or a partial Interest in the Note (together with this Security Instrument) may be sold one or more times
without prior notice to Borrower. A sale may result in a change In the entity (known as the -Loan Servlcer") that collects
monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the
Loan Servlcer unrelated to a sale of the Note. If there Is a change of the Loan Servlcer, Borrower will be given written
notice of the charme In accordance with paragrepr:;rfa~ove and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to Whtch payments should be made. The notlce will also contain any
other Information roauJred bv aoollcablo law. , ~ l
20. Hazardous subStance:!!;. Borrower sti5ll not ca S9 or pennlt the presence, use, oisposal, storage, or release
of any Hazardous Substances on or in the P.roperty_Boiower shall not do, nor allow anyone else to do, anythIng
affecting the Prop~rty that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to
be appr~prlate to normal residential uses and to maIntenance of the Property.
Borrower shall promptly give Lender written notice of any Investigation. claim. demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or Is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property Is
necessary, Borrower shall promptly take all necessary remedIal actions in accordance with Environmental Law.
As used In this paragraph 20, -Hazardous Substances- are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticIdes and herbIcides, volatile solvents, materials contaIning asbestos or formaldehyde,
and radloactJve materfals. As used in this paragraph 20, -Environmental.Law" means federal laws and laws of the
JurisdIction where the Property Is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
'.~ r'21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph ...
17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the
dofauft: (b) tho action requIred te cure tho delauft; (c) when the delauft must bo cured; and (d) that lallurote curo
the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure
by judicial proceeding and sale of the Property. lender shall further Inform Borrower of the right to reinstate
after acceleration and the right to assert In the foreclosure proceeding the non.exlstence of 8 default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option
may require Immediate payment In full of all sums secured by this Security Instrument without further demand
and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses Incurred in pursuing the remedies provided In this paragraph 21, Including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted by appUcable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. .
23. Waivers. Borrower, to the extent permitted by applicable law, waJves and releases any error or defects In
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing
for stay of execution, extension of time, exemptIon from attachment, levy and sale, and homestead exemption.
PENNSYLVANIA-SINGLE FAMILY':"FNMA/FHLMC UNIFORM INSTRUMENT
ISC/CMDTPAj f0391f3039(9-90)-L PAGE 5 OF 6
FORM 30399/90
tood.lb8 rAGE 941
LOAN NO. 010-6040766
24. Relnsfatement PerIOd: Borrower's time to reInstate provided In paragraph 18 shall extend to one hour prior to
the commencement of bidding at a sherltf's sale or other sale pursuant to this Security InstrumenL
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to
acquire title to the Property, this Security, Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a Judgment Is entered on
the Note or In an actIon of mortgage foreclosure shall be'the rate payable from tIme to time under the Note.
27. Riders to this Security Instrument. ~
If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and
agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and
agreements of thIs Securfty Instrument as If the rider{s) were a part of this Security Instrument. [Check applicabfe
box<BlllMJustable Ralo Rlder 0 CondominIum RIder 01-4 Famtly Rldor
o Graduated Paymont Rider 0 Planned Unn Dovelopmont Rider 0 Biweekly Payment Rider
o Bancon Rider 0 Rate l,;,provemem RIder ,;' 0 Second Hemo Rldor
OOther(s) [specify] DAddondum to Note and Mortgage (Construction Loan Poriod Only)
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in thIs Security
Instrument and In any rlder(s) executed by Borrower and recorded with it.
Wnnesses: \ \
-J\4.B,u~>>
".. 'b \, Wc.--.-<
Judy ndish
, ~........
9-.J
(Se~)
...-
Social Security Number 1 9 1 - 4 0 - 7 6 2. 6
(Seal)
-&".......,
al~l.8J}
Social Security Number
Social Security Number
J~~IJ
Social Security Number
[Space Below This Una For Acknowledgment)
Cortlficate ef Reaidence
I, C I n d y L. Y 0 cum . do hereby..certlfy that the correct address of the within-named
Mortgageeis2090 Llnglestown Road. Harrisburg. PA 17110
Wrt:nessmyhandthls 17th dayof December1993.
7~
. ( ~YJ)J
/ Agont of Mortgagoe
(J County 88:
undersigned officer. personally appeared
COMMONWEALTH OF PENNSYLVANIA, LC,v\L4s-l"'r
Onthls,lhe 20"" dayof7S, O.e~PI,\..I/ . beforome, t
Judy V. Windish
known to me (or satisfactorily proven) to be the person whose name subscrIbed to the within Instrument and
acknowledged that he/ she executed the same for the purposes herein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
NOTARIAL SEAL
GARY M, GUTSHAlL. Notary Public
lancaste" Lancaster Co.. PA
Mv CommiSSion Exoires June 19 1996
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My Commission expIres:
PENNSYLVANIA-SINGLE FAMILY-FNMA/FHlMC UNIFORM INSTRUMENT
lSC/CMDTPAII0391/3Q3SI(9-90).L PAGE 6 OF 6
bDOd188 PAC! 342
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Schedule "Au
ALl.. rHM CERTAIN (llS["tti kllo....n ". l.tJot 6119, Sttt:lttrt lIti;, Alhnd.i't LovU' AllIIn
19vn,"1p, Cumbtthnd C~Ullt.y, hnnly'venh. a(:~tltdinl to I Ph" ()f Mlfndah tor
Hid St8tt n.velopment, tn~.. by Wllll.m n. >>hlttock, R,P.t. d.t~d H.tc~ 31,
197$ r.~ord.d In ~lan Dook 3S, P_se 25, bounded and dt't~ib,d In .ceotd.n~e
,dth'uld phil M .ollo.....t
DMINZHfiG tot . point en tllf tlort.bt.'utern rlal1t"Q[-w.,. llM or ~ood Ctut ko.d,
· SO fODt tI3h~-ol-~.y, .old p~lnt b~tn3 I~cetfd .nd f!fftrn~.~ tn , 'oijtherl,
dlre-ctloM alons the no-tt.hwutert\ l'l.h~-ot-\tay line of btdhld ftoad, << SO" foot
rlgltt"ot"'lIa)', , dht'nc:~ 0/484.31 ftH hom.!ll curve ",lth I udh.t, or IS ftt't
'lid an d'CC: hnsth or :U.S6 hu ttlnntet.lns the Ilatthea.tun dflht-of.v., Hot
of tlurfhld Road ltnd the llouthlutun dSht"ot..way Un. ot Crtektt Lint, . SO
loot deht..ol-wll)'l thtlle~ north 33 ~~Q:tE:tll' 3.'5 mll1lJtu 32 ftC-Ohtfa "rlH, . IlJhUttet
of 181..:W fut to . po{n~ at otller htld. of Hid StUlt blfnlopllleat. In~.r tbf-(In
IJona the "~e North 83 dtar.&, ~6 mlnut" Q~ .etOnd. ea.i, _ dl.t.nc~ 01 150.81
ftwt to a point on t~~ we.tern tJabt-ot-way lint of Wood Crt.t ROldl tht"~~ alons
tb. "nl~ ,"OUt.ll Ol1i d.sren 13 1I11nutu $G ncond. t'ut, . dhUnet of' $0.00 lut t.~
.. pl)lntJ thlnet .dons tl1f Urn. t;tn the- arc 01 . (:une t~ th, fl8l-tt hnl1l3 . ndluJ
of IH.oo re~t, an arc:: h08th of 136,66 het to. point the pla<!f 01 BtOINNll!C,
Said lot ton~~tnlna 131~)1t99j 8qv~tt fee~ and II D~bJf~t to . I' loot wId,
. utHlty eSUUlfnt _If noted on the. tln.l S'ubdlvhtoll flu or htthtn IIp11
Alhndl1e by WbHtock &- Illlt'"tlll.\lr)t nobeu, O. Hntmul1 Jr. r~c.
UAVIlfQ nttkEOH ufcttd ... two....'ti::lry d\ldllne the, known at U DtlrH~U Road,
CI~~ ~lll. ~enn,ytva"J..
UNtlEk MIl) Stl8Jg~r, nfVt'fth~lu81 to ,nelllent., :ondltJont, rutrlnlon..
ruftvation. IInd l':l;lItt-ol-wIllY of rt!(!on!.
SUBJECT to plott:Hlvl! Covenant a ucoroed In tlJl)'1~erlalld Count)' Rt'eordn of
bftdl Of(l~e in ~i.crllant~dj hook 159, Pagt 2~3.
BEING 'mE SAME PRE2-11SES which 'l'ha!'las G. Therkildsen and t:largaret G. TherJdld~:n,
by Deed dated June 13, 1990 and recorded June 29, 1990 11'>. the Recorder s Ofhce
in and for Cumberland County, Pennsylvania, in Deed Book Q, Volume 34, page 512,
conveyed unto Judy V. Windish.
ROoKtt88 PAGE :343
ADJUSTABLE RATE RIDEK
(1 Yeor Trea.ury Index - Rate Cap.)
'TH\S' ADJUSTABLE RATE RIDER is made this 2 0 t h" day of'O e c e m b e r . 1 9 9 3 . and Is Incorporated
Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the .Securfty
Instrument-) of the same date given by the undersigned (the NBorrower") to secure Borrower's AdJustabfe Rate Note
(the NNote.) to Sovereign Bank, a Federal Savings Bank (the -Lender") of the same date and covering the property
described In the Security Instrument and located at:
95 Deerf1eld Road,Camp Hill,PA 17011
{property Address}
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE
MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY.
LOAN NO. 0 1 0 - 6 0 4 0 7 6 6
"
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial Interest rate of 6 . 2 5 0 %. The Note provides for changes in the interest rate
and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Date.
The Interest rate I will pay may change on the first day of J a n u a r y ,2 0 0 4 , and, on that day every 12th
month thereafter. Each date on which my Interest rate could change Is called a .Change Date..
(B) Tho Index
Beginning with the first Change Date, my Interest rate wtll be based on an Index. The .lndeX-ls the weekly
average yield on United States Treasury securities adJusted to a constant maturity of 1 year, as made available by
the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date
Is called the .Current Index.-
If the Index Is no longer available, the Note Holderwlll choose a new Index which Is based upon comparable
Information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes Two '" n d N I net e e n I
Before each Change Date, the Note Holder wnl calculate my new Interest rate by adding T wen tie t h s
percentage points ( 2 . 9 500 %) to the Current Index. The Note Holder will then round the result of thls
addition to the neare.t one-eighth of one percentage point (0.125%). Subject to Ihollmits slated In Section 4(D)
below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder wnJ then determine the amount of the monthly payment that would be sufficlent to repay the
unpaid principal that I am expected to owe at the Change Date in full on,the maturity date at my new Interest rate In
substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limbs on Interest Rate Changes
The interest rate I am required to pay at the first Change Date wUl not be greater than 8 . 2 5 0 % or less
than 4 . 2 5 0 0 %. Thereafter, my interest rate willnsver be increased or decreased on any single Change Date
by more than Two percentage points t. 000 %) from the rate of Interest I have been paying for the
preceding twelve months. My Interest rate wUl never be greater than 1 2 . 2 5 0 %.
(E) Effective Date of Changes
My new Interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date untR the amount of my monthly
payment changes again.
(F) Nellce el Chonge.
The Note Holder will deliver or mall to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice wDllnclude Infonnatlon required by law to be
given me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Unlfonn COvenant 17 of the Security Instrument is amended to read as follows:
Transfer of the Property or a BeneficIal Interest in Borrower. If all or any part of the Property or any Interest
In !tis sold or transferred (or tf a beneficial interest In Borrower Is sold or transferred and Borrower ls not a naturat
person) without Lender's prior written consent, Lender may, at Its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise Is
prohibited by federal law as of the date of this Security Instrument Lender also shall not exercise this option If: (a)
Borrower causes to be submitted to Lender infonnation required by Lender to evaluate the intended transferee as If
a new loan were being made to the transferee; and (b) Lender reasonably determines that Lenders security will not
be Impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument Is acceptable to Lencler.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made In the Note
and In this Security Instrument. Borrower will continue to be obligated under the Nate and this Security Instrument
unless Lender releases Borrower In writing.
If Lender exercises the option to require lm~edlate payment In full, Lender shall give Borrower noUce of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or
maned within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these
sums prior to the expiration of thfs period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable
". Rate eJ\SYlvania}
,l;';lf ... 'r"berland 58 ' '.
;::.:1 in t office f r ~~ "
~. :-:.d for mberland County. P.a."
.--_i3ook Vol._Page~_:..
. ;-",.~~m hand . <~-~.
. !.,did&, PA this
Borrower
'~~~-'--"-)~"."'!
Judy V. Wi dish Borrower
day of
19~owl!lr
foQKH88 pm :J4.t
~~"1I\1
Borrowar
lJIIIITlC:::TJl.~AnlllcrrAR F'RATFRlnFR_~IN ~
-tlNIFORM INSTRllMENT Soverelan BllInk Form P3111.01 3/85 rev. 1/92
LOAN NO. 0 1 0 - 60<1 0 7 6 6
"
ADJUSTABLE RATE NOTE
(1 Year Treasury Index- Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE UMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
December 20, 1993
Harrisburg ,Pennsylvania
[City! [Slate)
95 Deerfield Road.Camp Hill.PA 17011
[Property Addl'e$$J
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ I 2 3 . BOO . 0 0 (this amount Is called
"princlpaIM), plus Interest, to the order of the Lender. The Lender is Sovereign Bank, a Federal SavIngs Bank. I
understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
Is entitled to receive payments under this Note is called the -Note Holder:
2. INTEREST .
Interes! will bo charged on unpaid princIpal until the full amounl of prinCipal has boen paid. I will pay Interest at
a yearly rate of 6 . 2 5 0 %. The Interest rate I will pay will change in accordance with Section 4 of this Note.
The Interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(8) of this Note.
3. PAYMENTS
(A) TIme and Place ef Payments
I will pay prIncipal and Interest by making payments every month.
I will make my monthly payments on the first day of each month beginning on F e b r u a r y 1. 1 9 9 <I . I
will make these payments every month until I have paid all of the principal and Interest and any other charges
described below that I may owe under this Note. My monthly payments wDl be applied to interest before principal.
If, on J oil. n tl oil. r y 1, 2 0 2 4 , I still owe amounts under this Note, i will pay those amounts In full on that date,
which Is called the 'MalUrlty Date,'
I will make my monthly payments at 1130 Berkshire Blvd,. Wyomlsslng, PA. 19610, or at a dlfferenl placo ff
requIred by the Nole Holder.
(B) Amount ef My In~iol Monthly poyments
Each of my InitIal monthly payments will be In the amount of U.S. $ 7 6 2 . 2 6 . This amount may
change.
(C) Menthly Poyment Changes
Changes In my monthly payment wfil reflect changes in toe unpaid principal of my loan and In the Interest rate
that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly
payment In accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Chango Doteo
The Interest rate I will pay may change on the first day of J a n u a r y . 2 0 0 4 , and on that day every 12th
month thereafter. Each date on which my Interest rate could change Is called a MChange Date:
(B) The Index
Beglnnlng with tha first Change Date, my interest rate wlU be based on an index. The Mlndex" Is the weekly
average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by
the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date
is called the!'Current Index:
If the Index Is no longer available, the Note Holder will choose a new index which Is based upon comparable
Information. The Note Holder will give me notice of thls choice.
(C) Calculation of Changes Two and Nineteen / Twent ieth
Before each Change Date, the Note Holder wRl calculate my new Interest rate by adding
percentage points ( 2 . 9 5 0 %) to the Current Index. The Note Holder will then round the result of this addition
to the nearest one..eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(0) below, this
rounded amount will be my new Interest rate untll the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date In full on the Maturity Date at my new interest rate in
substantially equal payments. The result of this calculatlon will be the new amount of my monthly payment
(D) Umft_ en Interest Rote Change_
The Interest rate I am required to pay at the first Change Date will not be greater than a . 2 5 0 % or less
than 4. 2 5 0 0 %. Thereafter, my Interest rate will never be increased or decreased on any single Change Date by
more than Two percentage points (2 . 0 a 036) from the rate of fnterest I have been paying for the preceding
twelve months. My Interest rate will never be gretlter than 1 2 . 2 5 0 %.
(E) Effective Oote of Changes .
My new Interest rate w1l1 become effectlve on each Change Date. I will pay the amount of my new monthly
payment beginning on the first mon~hly payment date after the Change Datl'l until the amount of my monthly
payment changes again. '
(F) Notice of Changes
The Note Holder will deliver or mall to me a notice of any changes In my Interest rate and the amount of my
monthly payment before the effective date of any change. The notice will Include informatIon required by law to be
given me and also the title and telephone number of a person who wlll answer any question I may have regarding
the notice. ,
EXHIBIT
MUlnSTATE ADJUSTABLE RATE NOTE - SINGLE FAMILY-UNIFORM IN
Page 10f3
I
II e"
.01 3/85 rev. 2/92
lOAN NO. 010-6040766
"
5. BOflflOWEfI'S fliGHT TO PflEPAY
\ have the nght to make payments of princIpal at any time b~fore they are due. A payment of principal only Is
known as a .prepayment: When I make a prepayment, I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without payIng any prepayment charge. The Note Holder
will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial
prepayment, there will be no changes In the due dates 01- my monthly payments unless the Note Holder agrees In
writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first
Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset
by an Interest rate fncrease.
6. LOAN CHARGES
If a law, which applies to thIs loan and which sets maximum loan charges. Is finally Interpreted so that the
interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
IImll; and (II) any sums already collected from mo which exceeded pormmed IImlls WUI be rolunded to me. Tho Nolo
Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct
payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment
7. BORROWER'S FAILURE TO PAY AS REQUIRED .
(A) Late Charge8 for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it Is due, I will pay alate charge to the Note Holder. The amount of the charge will be 10. 000% of
my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late
paymont.
(B) DefauR
If I do not pay the full amount of each monthly payment on the date It Is due, I wm be In default.
(C) Nellco of Defoull
If am In default, the Note Holder may send me a written notice telling me that If I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay Immediately the full amount of principal which has
not been paid and all the Interest that J owe on that amount. That date must be at least 3D days after the date on
which the notice is delivered or maned to me. '
(D) Ne Wolvor By Nolo Heldor
Even ff, at a time when I am In default, the Note Holder does not require me to pay immediately in full as
described abpve, the Note Holder wUl stili have the right to do so If I am In default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay Immediately In full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses In enforcing this Note to the extent not prohibited by
appllcable law. Those expenses Include, for example, reasonable attorneys' fees.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering It or by malllng It by first class mall to me at the Property Address above or at a different address
if I give the Note Holder a notice of my different address. .
Any notice that must be given to the Note Holder under this Note wlll be given by mailing It by first class maR to
the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that
different address.
9. OBUGATlONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person Is fully and personally obligated to keep all of the
promIses made In this Nots, Including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note Is also obligated to do these things. Any person who takes over these obligations.
Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce Its rights under this Note against each person individually or
against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this
Nolo.
10. WAIVEflS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. .Presentmenr means the right to require the Note Holder to demand payment of amounts dUe. .Notlce
of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not
been paid.
11. UNIFORM SECURED NOTE
This Note Is a uniform Instrument with Ilmftecl variations In some jurisdictions. In addItion to the protections
given to Ihe Noto HoIdor under this Noto, a Mortgage, Deed of Trust or Secu,1Iy Deed (the 'Socurlty Instrumont"),
dated the same date as thls'Note, protects the Note Holder from possible losses which might result If I do not keep
the promises which I make In this Note. That Security Instrument describes how and under what conditions I ma.y
be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any
Interest In It Is sold or transferred (or ff a beneficial Interest In Borrower is sold or transferred and Borrower
is not a natural person) without Lender's prior written consent, lender may, at its option, require immediate
payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised
by lender If exercise is prohibited by federal law as of the date of this Security Instrument. lender also shall
not exercise this option If: (a) Borrower causes to be submitted to lender information required by Lender to
evaluate the Intended transferee as if a new loan were being made to the transferee; and (b) lender
reasonably determines that Lender's securlty will not be impaired by the loan assumption and that the risk
of a breach of any COVenant or agreement In this Security Instrument Is acceptable to lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to
lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption
agreement that Is acceptable to lender and that obligates the transferee to keep all the promises and
agreements made In the Note and In this Security Instrument. BorrowerwUl continue to be obligated under
the Note and this Security Instrument unless Lender releases Borrower In writing.
MULTISTATE ADJUSTABLE AATE NOTE. 'GLE FAMIL V-UNIFORM INSTRUMENT Sovorelg 'nk Form 3S02.01 3/85 rev. 1/92
P"rt..!'n'::!
LOAN NO. 010-6040766
If Lender exercises tho optlcn to requlrolmmodlale payment In full. Lender shall give Borrowor notice
of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is
delivered or mailed withIn which Borrower must pay all sums secured by this Security InstrumenL If
Borrower faDs to pay these sums prior to the expiration of this period. Lender may Invoke any remedies
permitted by thIs Security Instrument without further notice or demand on B\\wer.
WITNESS THE HAND(S) AND SEAL(S) OFTHE UNDERSIGNED. S\~ '\. J"J~,.. ~
Bo"':~" ~i,;:dl'.~ \.:.....~s... ) Bo"':~"
{Seall
Borrower
(Sean
Borrower
[Sign Original Only]
.
MULnSTATE ADJUSTABLE RATE NOTE-SINGLE FAMilY-UNIFORM INSTRUMENT Sov.rolgn Bank Form P3502.o1 3/85 rev. 1/92
1:1"...... ~ "f'l:
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date of Notice: November 10, 1999
Judy Vanatta Windish
95 Deemeld Road
Camp Hill, PA 17011
Loan # 010-6040766
This is an official notice that the mor1:l!a!!:e on your home is in default. and the lender intends to
foreclose. Specific information about the nature of the default is provided in the attached pa!!:es.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM iHEMAP) may be able to help to
save your home. This Notice eXDlains how the pro!!:ram works.
To see ifHEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when
you meet with the Counselin!!: A!!:encv.
The name. address and phone number of Consumer Credit Counselin!!: A!!:encies servin!!: your
County are listed at the end of this Notice. Ifvou have any Questions. YOU may call the Pennsvlvania
Housin!!: Finauce A!!:encv toll free at 1-800-342-2397.(Persons with imDaired hearin!!: can call (717)
780-1869).
This Notice contains important le!!:al information. Ifvou have any Questions. representatives at the
Consumer Credit Counselin!!: A!!:encv may be able to helD eXDlain it. You may also want to contact
an attorney in your area. The local bar association may be able to helD YOU find a lawver.
LA NOTIFICACION EN ADJUNTO ES DE SUMA lMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO
DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO
ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR
EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A
REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCT. NO.:
Judy Vanatta Windish
95 Deemeld Road
CampHiIl,PA17011
010-6040766
CURRENT LENDERlSERVICER: Sovereign Bank
EXHIBIT
I
liD"
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a
"face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS
NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling
agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the
date of this meeting. The names. addresses and telenhone numbers of deshmated consumer credit connselimr
agencies for the county in which the propertY is located are set forth at the end of this Notice, It is only necessary to
schedule one face-to-face meeting. Advise your lender immediatelv of your intentions,
APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later
in this Notice (see following pages for specific information about the nature of your defaull.) If you have tried and
are unable 10 resolve this problem with the lender, you have the right to apply for rmancial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the
program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency.
Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeling.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed
by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has
sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings
will be pursued against you if you have mel the time requirements set forth above. You will be notified directly by
the Pennsylvania Housing Finance Agency of its decision on your application,
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(Ifyau have filed bankruptcy you can still apply for Emergency Mortgage Assistance.)
. "
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it no to date).
NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your
property located at 95 Deerfield Road, Camp Hill, PA 17011, IS SERlOULSY IN DEFAULT because you have
not made the monthly payments of $1,022.52 since 04/01/99 to the present. The lotal amount now required to cure
this default, or in other words, get caught up in your payments, as of the date of this letter, is $7,239.81, The total
amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion
that a default has occurred or the correctness of the calculated amounl required to cure the default, contact:
SOVEREIGN BANK
Asset Recovery Department
POBox 12646
Reading, PA 19611
1-800-938-6600
HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date oflhis
notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,239.81, PLUS
ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURlNG THE THIRTY (30)
DAY PERlOD. Pavrnents must be made either bv cash. cashier's check.' certified check or monev order made
pavable to Sovereign Bank and sent to the above address,
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within TIllRTY (30) DAYS ofthe date
of this Notice, the lender intends to exercise its ri5!hts to accelerate the mort!!a!!e debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the
mortgage in monthly installments. If full payment of the total amount past dne is not made within THIRTY (30)
DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon vour mort!!a!!ed
oropertv.
IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to payoff
the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender
begins legal proceedings against you, you will still be reqnired to pay the reasonable attorney's fees that were
actually incurred, up to $50,00. However, if legal proceedings are started against you, you will have to pay all
reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also inclnde other reasonable costs. If yon cnre the default
within the 11IIRTY (30\ DAY neriod. you will not be reanired to nav attorney's fees.
OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage,
RIGHT TO CURE THE DEF AUL T PRIOR TO SHERIFF'S SALE -- If you have not cured the default within
the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default
and prevent the sale at any time uo to one hour before the Sheriff's Sale. Yell may do so by oaYing the total amount
then cast due. DIllS anY late or other charg:es then due. reasonable attorney1s fees and costs connected with the
foreclosure sale and any other costs connected with the Sheriffs Sale as snecified in writing bv the lender and bv
nerformin2 any other requirements under the mortgage!- Curing your default in the manner set forth in this
notice will restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest dale that such a Sheriff's Sale
ofthe mortgaged property could be held would be approximately six (6) months from the date of this Notice. A
1I0tice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may fInd out at any time exactly what the required payment
or action will be by contacting the lender.
. "
HOW TO CONTACT THE LENDER:
Name of Lender: SOVEREIGN BANK
Address: PO BOX 12646, Reading, P A 19611
Phone Nnmber: 1-800-938-6600
Fax Number: 610-208-8631
Contact Person: Constance M. Cocroft, Vice President
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -- You may have the right 10 sell or transfer your home to a buyer or transferee
who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and
costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF,
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL THAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE TIllS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR
ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE
LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
This bank is a debt collector attempting to collect a debt and any information obtained from you will be used
for that purpose.
> ' .
Adams County
Adams County Housing Authority
139-143 Carlisle Street
Gettysburg, FA 17325
717-334-1518
Fax 717-334-8326
Allegheny County
PHFA (Mareua Hess)
2275 Swallow Hill Rd., Bldg. ZOO
Pittsburgh, PA 15220
412-429-2842
Fax 412-429-2835
Armstrong County
eees of West em PAr me.
Zt7 E. Plank Road
Altoona, P A 16602
814-944-8100
814-944-5747
Beaver County
Action Housing, Inc.
425 61b Avenue, Suite 950
Pittsburgh, P A 15219
412-391-1956
Fax 412-391-4512
Bedford County
Bedford-Fulton Housing Services
10241 Lincoln Highway
Everett. P A 15537
814-623-9129
Fax 814-623-7187
Berks County
Budget Counseling Center
247 North Fifth Street
Reading, PA 19601
610-375-7856
Fax 610-375-7830
Blair County
Keystone Economic Develop. Corp.
1954 Mary Grace Lane
Johnstown. PA 15901
814-535-6556
Fax 814-539-1688
BradfGrd County
CCCS Of Northeastern FA
31 W. Market Street
Wflkes-Barre, PA 18702
570-821-0837 or 800-922-9537
Fax 570-821-1785
Bucks County
Bucks County Housing Group, Inc.
140 East Richardson Avenue
Langhorne, PA 19047
215-750-4310
Fa.'( 215-750-4318
Butler County
Housing Opportunities, Inc.
[33 Seventh Street, PO Box 9
McKeesport, PA 15134
412-664-1906
Fax 412-664-0873
Cambria County
cecs of West em PA
219-A College Park Plaza
Johnstown. PA 15904
814-539-6335
Cameron County
Northern Tier Co.m Action Corp.
135 West4lb Street, PO Box 389
Emporium, PA I5834
814-486-1161
Fax 814-486-0825
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOWNER'S EMERCENCY MORTGAGE ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
Carbon County
EOe of Schuylkill County
225 N. Centre Street
Pottsville, PA 17901
570-622-1995
Fax 570-622-0429
Centre County
cees ofNortheastem P A
201 Basis Street
Wi11iamsport, P A 17703
570-323-6627
Fax 570-323-6626
Chester County
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
215-765-1221
Fax 215-765-1427
Oarlon County
cees ofWestem PA., Inc.
YMCA Building
339 N. Washington Street
Butler, PA 16001
412-282-7812
Clearfield County
cces ofNortheastem PA
1631 S. Atherton St, Suite 100
State College, PA 16801
814-238-3668
Fax 814-238-3669
Clinton County
Lycoming..ainton Counties (STEP)
2138 Lincoln Street, PO Box 1328
Williamsport, P A 17703
570-326-0587
Fax 570-322-2197
Columbia County
CCCS ofNortheasrem PA
1400 Abington Executive Park, 5te. 1
Clarks Sunnnitt, PA 1841l
570.587-9163 or 800-922-9537
Fax570-587-9134/9135
Crawford County
Booker T. Washington Center
1720 Holland Street
Erie,PA 16503
814-453-5744
Fax 814-453-5749
Cumberland County
cees of West em PA, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
717-541-1757
Dauphin County
CAe of the Capital Rf:gion
1514 Derry Street
Harrisburg, PA 17104
717-232-9757
Fax 717-234-2227
Delaware County
CCCS of Delaware Valley
280 North Providence Road
Media. P A 19063
215-563-5665
Elk County
John F. Kennedy Center, Inc.
East 201b Street
Erie, FA 16510
814-898-0400
Fax 814-898-t243
Erie County
Greater Erie Com. Action Committee
18 West9<h Street
Erie, PA 16501
814-459-4581
Fax 814-456-0161
Fayette County
Tableland Services Inc.
131 North Center Avenue
Somerset, PA t5501
814-445-9628
Fax 814443-3690
Forest County
Warren-Forrest CEOe
204 Liberty Street, PO Box 547
Warren,PA 16365 .
814-726-2400
Fax 814-723-0510
FranklIn County
cees of Western P A, Inc.
912 South George Street
York, PA 17403
717-846-4176
Fulton County
Fin. Counseling Serv. of Franklin
31 West 3m Street
Waynesboro, P A 17268
717-762-3285
Greene County
CCCS of We stem PA, Ine
1 North Gate Square
2 Garden Center Drive
Greensburg, PA 15601
724-838-1290
Huntingdon County
Weatherization Office
917 Mifflin Street
Huntingdon, PA 16652
814-643-2343
Indiana County
827 Water Street, Box 187
Indiana, FA 15701
724-%5-2657
Fax 724-46S~5118
Jefferson County
CCCS of West em PA, Inc.
Th1CA Building
339 North Washington Street
Butler, PA 16001
724-282-7812
Juniata County
CCCS of Western PA, Inc.
217 E. Plank Road
Altoona, PA 16602
814-944-8100
Fax 814-944-5747
Lackawanna County
cces of Northeastern P A
31 W. Market Street. PO Box 1127
Wilkes-Barre, P A 18702
570.821-0837 or 800-922.9537
Fax 570-821-1785
--Lancaster County
Tabor Community Services, Inc.
439 E. King Street
Lancaste:-, FA 17602
717-397-5182 or 800-788-5062
Fax 717-399-4127
l..:t.....'t'e.nc:.e County
~ eees of Western PA
312 Chestenu Sb'eet, Suite 227
Meadvi11e. PA 16335
814-333-8570
Lebanon.County
EOe of Schuylkill County
225 North Center Street
Pottsville, P A 17901
570-622-1995
Fax 570-622-0429
Lehigh County
cees of Lehigh V.alley
3671 Crescent Court East
Whitchal!, PA 18052
610-821-4011
Fax 610-821-8932
Luzerne County
CEO of Luzeme Counry
163 Amber Lane
Wilkes-Barre, PA 18702
570-826-0510 0' 800-822-0359
Fax 570-829-1665-- Call First
Lycoming County
cecs of Northeastern P A
201 Basin Street
WiIliamsport, P A 17703
570-323-6627
Fax 570-323-6626
McKean County
Northern Tier CAe
135 W 4th Street, PO Box 389
Emporium, PA 15834
814-486-1161
Fax 814-486-0825
Mercer County
Shenango Valley Urban League. Inc.
601 lndianaAvenue
Farrell. PA 16121
724-981-5310
Mifflin County
eccs of Northeast em PA
1631 S. Atherton Street, Suite 100
StllceCollege, PA 16BOI
814-238-3668
F:tx 8[4-238-3669
Monroe County
cecs of Northeastern PA
9 South 711:. Street
Stroudsburg, P A 18360 '
570-420-8980 or 800-922-9537
Fax 570-420-8981
Montgomery County
Community Housing Counse!oTS Inc.
PO Box 244
Kennett Square. P A 19348
215-444-3682
F~ 215-444-8243
Montour County
cees ofNorthe:tstem P A
1400 Abington Executive Park, Ste. 1
Clarks Summitt, PA 18411
570-587-9163 or 800-922~9S37
Fa>: 570-587-9134/9135
Northampton County
cecs of Lehigh VaJley
3671 Crescent Court East
Whitehall, P A 18052
610-821-40110'
800-220-2733 (717) and (814) only
Northumberland County
CCCS ofNortheastem P A
31 W. Market Street, PO Box 1127
Wilkes-Barre, P A 18702
570-821-0837 or 1-800-922-9537
Fax 570-821-1785
Perry County
Urban League of Met Han-isburg
2107 North 6"'1 Street
Harrisburg, PA 17101
717-234-5925
Fax 717-234-9459
Philadelphia County
RACE
167 W. Allegheny, 2nd Floor
Philadelphia, PA 19140
215-426-8025
Fax 215426.9122
Pike County
CCCS ofNQrtheastern P A
9 South 7th Street
Stroudsburg, PA 18360
570-420-8980 or 800-922-9537
Fax 570-420-8981
Potter COUhty
Northern Tier CAe
135 West 4th Street
Emporium, PA 15834
814-486-1161
Fax 814-486-0825
Schuylkill County
BOC of Schuylkill County
225 N. Centre Street
Pottsville, PAl 790 1
570-622-1995
Fax 570-622-0429
Snyder County
CAe of the Capital Region
1514 Deny Street
Hamsburg, P A 17104
717-232-9457
Fax 717-234-2227
Somerset County
Tableland Services Inc.
535 East Main Street
Somerset, FA ISSOI
814-445-9628 or 800-452-0148
Fa>: 814-443-3690
Sullivan County
Trehab Center ofNortheastem FA
Gennan Street, PO Box 389
Dushorc, PA 18614
570-928-9668
Fax 570-928~8144
Susquehanna County
Trehab Center dfNortheastem FA
185 Elmira Street, PO Box. 21&
Troy. FA. 16947
570-297-2101
Fax S70~297 -2799
Tioga County
Trehab Center of Northeast em PA
17 Crafton Street
WelJsboro, PA 16901
570-724-5252
Fax 570-724-5873
Union County
eccs of West em PA, Inc.
217 E, Plank Road
Altoona, P A 16602
814-944-8100
Fax 814~944-5747
Venango County
CCCS of We stem PA, Inc.
YMCA Btdg., 339 N. Washington St
Butler, PA 16001
412-282-7812
Warren County
Greater Erie C A. C
18 West glh Street
Erie. PA 16501
814-459-4581
Fax 814-456-0161
Washington County
Community Action Southwest
22'West High Street
Waynesburg, FA 15370
724-852-2893
Wayne County
Trehab Center ofNortheasrem PA
103 Warren Street, PO Box 709
Tunkhannock, PA 18657
570-836-6840
Fax 570-836-6332
Westmoreland County
Credit Counselors of P A
401 Wood Street, Suite 906
Plttsburg. P A 15222
412-33S~9954 or 800-737.2-933
Fax 4]2-338-9963
Wyoming County
Trehab Center of Northeastem PA
93 I Main Street
Honesdale.PA 18431
570-253-8941
Fax 570-253-4817
York County
Housing Council of York
116 North George Street
York, FA 17401
717-854-1541
Fax. 717-845-7934
, ,
HOUSING AND URBAN DEVEbOPMENT ("HUD") NOTIFICATION
IMPORTANT NOTICE OF THE HOUSING AND COtv1MUNITY DEVELOPMENT ACT OF 1987
PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU.
DATE:
November 10, 1999
TO:
Judy Vanatta Windish
RE:
Account No. 010-6040766
FROM:
Sovereign Bank, F.S.B.
The Housing and Community Development Act of 1987, requires that Sovereign Bank, F.S.B., notify eligible
homeowners with delinquent home loans of the availability of homeowners hip counseling. Because your home loan
is DELINQUENT, you may be eligible for homeownership counseling provided by certain non-profit organizations.
The following organizations are experienced in the provision of homeowners hip counseling and have been approved
by the Secretary of Housing and Urban Development ("HUOn).
PLEASE CONTACT THE NEAREST COUNSELING AGENCY ON THE ATTACHED LIST OR CALL
THE HUD TOLL FREE NUMBER AT 1-800-733-3238 FOR MORE INFORMATION.
The Bank does not provide homeownership counseling. However, should you have any questions about your home
loan or the attached list you may call or write to the Bank. The name, address and telephone number of our
representative is:
Manager of Asset Recovery
Sovereign Bank, F.S.B.
P.O. Box 12646
Reading, PA 19612
(610) 208-6427 or
1-800-938-6600
If you desire to receive homeownership counseling, it is important that you promptly contact a counseling agency
from the attached list.
Very truly yours,
Constance M. Co croft
VICE PRESIDENT
EXHIBIT
I
"EIt
I
.
PIOSA HIXSON & REILLY
.A:ITORNEYS KI LJW{
December 29, 1999
ONE WINDSOR PLAZA. SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TEL: (610) 530-7500
FAX: (610) 530-8190
MICHAEL J. PlOSA
BOYD G. HIXSON
mOMAS E. REILLY, JR.
mOMASA. CAPEHART
TO: Judy V. Windish:
We have filed this complaint against you on behalf of our client, Sovereign Bank,
F.S.B.
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15
U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $122,227.69 as of December 31,1999.
Sovereign Bank, F.S.B. is the original creditor for this debt.
You have thirty (30) days from the date ofthis Notice to dispute the validity
of this debt. If you fail to dispute the validity of this debt within thirty (30) days,
we will assume the debt is valid and the amount of the debt is correct. If you
notify us in writing that the debt or any portion thereof is disputed by you, we will
obtain verification of the debt from our client and provide such verification to
you.
Please note, that despite the thirty (30) day period described above, the
Bank is not required to wait thirty (30) days to take any actions to enforce its
rights to collect the amount owed, including, but not limited to, filing a lawsuit
against you. As such, you should expect the Bank to proceed with any such action
within the time frame set forth in the accompanying complaint or documents, and
any other previous correspondence you may have received directly from the Bank.
This letter is from a debt collector. This is an attempt to collect a debt and
any information obtained will be used for that purpose.
Sincerely,
~~~
Thorn", E. Reilly, J<. -'1
EXHIBIT
I
"F"
/.. ""-'~~-"-""
, S.)
\" J
'--
~
-~
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00050 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BAl,K F S B
VS
WINDISH JUDY V ET AL
ROBERT L. FINK , Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE & COMPLAINT IN
was served upon
WINDISH JUDY
the
DEFENDANT
, at 0019:00 HOURS, on the 14th day of January , 2000
at_ 95 DEERFIELD ROAD
CAMP HILL, PA 17011
by handing to
JUDY WINDISH
a true and attested copy of NOTICE & COMPLAINT IN
together with
MORTGAGE FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Clocketing
Service
Affidavi t
Surcharge
So Answers:
18.00
10.54
.00
10.00
.00
38.54
~,,.//#7' _ ~?, .'.'
L-~1f~'l'"
R. Thomas Kline .
01/18/2000
PIOSA, HIXSON & REILLY
Sworn and Subscribed to before
BY~~~~.'efl",f', '~
__ "7 ,
~eputy S eroio; f~; . ,
me this ;J~. day of
J...I!'lw~'~'l ;J.O?rO A.D.
q " h. ::, _
i1I.tf1; fJ ,y~ ~"
Prothonotary ,
,l', "-..
CASE NO: 2000-00050 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK F S B
VS
WINDISH JUDY V ET AL
ROBERT L. FINK
Cumberland County, Pensylvania, who being duly sworn according to law,
Sheriff or Deputy Sheriff of
SPAHR STACEY
says, the within NOTICE & COMPLAINT MORT/F was served upon
the
at 95 DEERFIELD ROAD
, at 0019:00 HOURS, on the 14th day of January
DEFENDANT
CP~~P HILL, PA 17011
2000
by handing to
JUDY WINDISH
a true and attested copy of NOTICE & COMPLAINT MORT/F together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this J. M4 day of
11j~hL1 oJ"..,,../.) A.D.
q"-J.,"' () Jv, ,fli, , A.y~
,Prothonotary ,
So Answers:
~~e >~/~~.;
~ ;, ,~... ~ ~-1 ""''''''.."....~'''~' <.
R. Thomas Kline
01/18/2000
PIOSA, HIXSON & REILLY
BY:~V<~~~/
'-- eputy Sheriff .
Saver/Juagmnts/Cumberland
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
PRAECIPE FOR JUDGMENT
, Enter Judgment in favor of Plaintiff and against Defendants. Judy V. Windis and Stacey M. Spahr. for
want offailure to file a responsive pleading to Plaintiff's Mortgage Foreclosure Complaint.
X Assess damages as follows:
Debt
Interest from 12/31/99 to 05/12/00
@$19A7/day
Attorney's Commission
TOTAL
$122,227.69
2,589.51
$124,817.20
Plus interest from 05/12/00 and costs
X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a swn certain from the complaint.
X Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed
or delivered to the party against whom judgment is to be entered and to the attorney ofrecord, if any,
after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A
copy of the notice is attached.
Date: mn'1 1"2. I loco
Thomas . Reilly, Jr., Esquire
Attorney for Plaintiff
Attorney LD. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
NOW, rr7 ';1'1 t-..C;
, 2000, JUDGMENT IS ENTERED AS ABOVE.
~: ao--.. 0 - p, ?r07/.UrJ
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDYV. WINDISH as Mortgagor and Real )
Owner, and STACEYM. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
( X )
Notice is hereby given that a Default Judgment in the above-captioned matter has
been entered against you in the amount of $124,817.20 plus interest from
May 12,2000 and costs, on fYZ';::}....1 A..t::; ,2000.
. I
( X )
A copy of all documents filed with the Prothonotary in support of the within
judgment are enclosed.
~:
4o~, 27p~
If you have any questions regarding this Notice, please contact the filing party:
Thomas E. Reilly, Jr. Esquire
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
(This Notice is given in accordance with Pa.RC.P. 236).
CERTIFICATION OF ADDRESSES
I, THOMAS E. REILLY, JR., ESQUIRE, hereby certify that the precise address of the within-named
Plaintiff, Sovereign Bank, is 525 Lancaster Avenue, Reading, P A 19611 and the precise address of the within-
named Defendants, Judy V. Windish and Stacey M. Spahr is 95 Deerfield Road, Camp Hill, Pennsylvania
[ 70 11.
Thomas E. Reilly, Jr., Esquire
NON-MILITARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
)
)
)
ss:
COUNTY OF CUMBERLAND
Before me, the undersigned authority, personally appeared Thomas E. Reilly, Jr., Esquire, who being
duly sworn according to law, doth depose and say that the Defendants, Judy V. Windish and Stacey M. Spahr
were not in the Military or Naval Service, based on the following facts as of the date of this affidavit:
Age of Defendant:
Sui Juris
Present Place of
Employment:
Unknown
Present Place of
Residence:
95 Deerfield Road
Camp Hill, PA 17011
~~ )A ~
Tho E. Reilly, Jr., Esquire
Sworn to and subscribed before me this
I ;)..#-.. day of May, 2000 A.D.
!
~u..-Y;~
Notary Public
Notarial Seal .
Susan Morrison, Notary Pubhc
Allentown Lehigh County
Mv CommissIon '5XlJirQI!:! F0b. 26. :2001
,. .
LAWOFFlCE5
P10SA HIXSON & REILLY P,C.
ONE WINDSOR PLAZA. SUITE 101
7535 WINOSOI'I DRIVE
AI.LENTOWN. PA 18195-1014
(610) 530-7500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B. )
Plaintiff )
vs. )
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEYM. SPAHR, as Real )
Owner, )
Defendants )
NO. 2000-50-Civil
MORTGAGE FORECLOSURE
DATE OF NOTICE: May 2, 2000
TO: Judy V. Windish
95 Deerfield Road
Camp Hill, PA 17011
Stacey M. Spahr
95 Deerfield Road
CampHill,PA 17011
IMPORT ANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED
OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE
OF TillS NOTICE, A ruDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, P A 17013
(717)240-6200
Thomas E. illy, Jr., Esq.
Attorney for Plaintiff
Attorney 1. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA. 18195-1014
SoverllODay/Cumberland
,
FIl.ED-Ol'FIC':
OF 'l"E PR'J'HONOTAf1Y
00 MAY I 5 PM 3: I 5
CUMEEiiU,\;D COUNTY
PENNSYLVANA
:1'9.0() ? LtU-iy
c..t:-'::iL , ()JO 9
iZ::K. C;ssJi,
lUoI-l LL- rYl2-l Lfr{
L.AWOFF1CEii
PJOSA HJXSON &: REILLY P.C.
ONE WINOSOR PL.AZA. SUITE 101
753!5 WINDSOR DRIVE
AUENTOWN, PA 18195-1014
(610) 5S0'7!500
SoverfWritOtExecutnlCumberland
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, , )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
vs.
Defendants
NO. 2000-50-Civil
MORTGAGE FORECLOSURE
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Kindly issue Writ of Execution on the above matter.
AmOlUlt Due
Interest from 05/12/00
to Date of Sale
(at $19.47 day)
(Costs to be Added)
TOTAL
$ 124,817.20
2,277.99
$
$ 127,095.19
PIOSA HIXSON & REILLY, P.e.
Thoma . Reilly, Jr., Esquire
Attorney for Plaintiff
Attorney 1. D. #41668
Oue Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
F1LED-0mCE
0::: Tt..'!: P[''(jT1,!I~;!f}T~'RY
. d\...,' j ,._",'1\ .t'li
, '
00 JUN I 3 All 9: 09
CUMBEHlJND COUN1Y
PENNSYlVANIA
!/ IS. CO ~ ~cl r:J..Nt
3P.S'~ ~ ~fs ij)'.
1t...00 - " , (
"IS..s-o - II I'
q 1/ If
.00
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"
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.f/l /. 00, (b
ef{ t;o - L "- .
Cot. -=id /6A./Jr
R..-+i- 9(. "'{/yO
~- - .-.".
LAW OFFICES
PIOSA HIXSON 8: REILLY P,C.
ONE WINDSO/l: PLAZA. SUITE 101
7'3' WINOSOFt DRIVE
ALLENTOWN. PA 18195.\014
(610) 530.7!500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Thomas E. Reilly, Jr., Esquire, attorney for Plaintiff in the above action, sets forth, as of
the date the Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania and
more particularly described in Exhibit "A" attached hereto:
I. The names and last known address of the Owners or Reputed Owners of the
Property are: Judy V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill,
Pennsylvania 17011.
2. The names and last known address of the Defendants in the judgment are: Judy
V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill, Pennsylvania 170 II,
3. The name and last known address of every judgment creditor whose judgment is
a record lien 'on the real property to be sold is:
a) Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Pennsylvania
19611; $124,817.20; dated 05/12/00; No. 2000-50-Civil, Cumberland County records.
b) Boscov's Department Store Inc., PO Box 4274, Reading, Pennsylvania
19606; $7,881.60; dated 12/01/99; No. 1999-7250, Cumberland County records.
c) Mellon Bank, 1 Mellon Bank Center, Pittsburgh, Pennsylvania 15258;
$17,101.92; dated 09/24/98; No. 5515-1998, Cumberland County records.
4. The names and last known addresses of the last recorded holders of every
mortgage of record are:
,. ~
LAW OFFICES
PIOSA HIXSON & REIL.l,.Y P.C.
ONE WrNDSOR PLAZ.... SUITE 101
753:5 WINCSOR DRIVE
Al.I.ENTOW,"" PA IB19!.lOI4
(610) !530-7500
a)
Pennsylvania 19611;
937.
Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Berks County,
$123,800.00; recorded 12/29/93; Mortgage Book Volume 1188, Page
b) Mellon Bank; 10 South Market Square, Harrisburg, Pennsylvania 17101;
$17,086.88; recorded 06/13/97; Mortgage Book Volume 1387, Page 661.
c) Pennsylvania Housing Finance Agency, 2101 North Front Street, PO
Box 15530, Harrisburg, Pennsylvania 17105-5530; $26,000.00; recorded 03/09/99; Mortgage
Book Volume 1525, page 469.
5. There are no other known persons who have any record lien on the property.
6. There are no other persons who have a record interest in the property and whose
interest may be affected by the sale.
7. There are no other persons who has any interest in the property which may be
affected by the sale.
I verifY that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,
Section 4904 relating to unsworn falsification to authorities.
PIOSA, HIXSON & REILLY, P.C.
Date: .:ruN>- I, . 7"pQQ
By:
Thomas E. eilly, Jr., Esquire
Attorney for Plaintiff
Attorney 1. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
...... ~
ALL THAT CERTAIN parcel known as Lot #119, Section "F', Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R Whittock, RP.E., dated March 31, 1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F' Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "N'
,
l,
FILEDO::flCiE
or' T- t: : ;"1":! .":::'~.YJTNW
00 JUN 13 Ml 9: n9
CUM.BEHI.pJ~D COUNTY
f'l'J'iNSYLVIINIA
iir
',,>
LAW OFFICES
\ HIXSON a REILLY P.C.
.yrNOSOlt PLAZA. SUl1'.t 101
1!l3!5 WINDSO" DRIVE:
tNTOWN, ~" 181~IH014
(610) 153C>-7!500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V. WINDISH as Mortgag()r and Real )
Owner, and STACEY M:S]:>AHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PA. R.c.P. 3129
TO: Judy V. Windish
95 Deerfield Road
Camp Hill, PA !70Il
Stacey M. Spahr
95 Deerfield Road
Camp Hill, PA 17011
Your real estate located at 95 Deerfield Road, Camp Hill, Cumberland County,
Pennsylvania is scheduled to be sold at a Sheriffs Sale on Sep1ember 6, 2000 at 10:00 A.M. in
the Commissioners Hearing Room2nd Floor, Cumberland County Courthouse, I Courthouse
Square, Carlisle, Cumberland County, P A to enforce the court judgment of $ I 24,8 I 7 .20, plus
interest from May 12,2000 and costs of this proceeding, obtained by SOVEREIGN BANK.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SALE
To prevent this Sheriffs Sale, you must take immediate action:
1, The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas E.
Reilly, Jr., Esquire, the entire judgment amount, accrued interest, costs and reasonable
attorney's fees due. To find out how much you must pay, you may call (610) 530-7500.
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.
'"
- ...
LAWOFF1CU _
HIXSON a: REIL1..'i' P.C,
/lNOSOR PLAU.. SUITt: 101
'!S35 WINDSOR OilllVI:
;NTOWN."" 1I1g15.101.4
(S10) !S30.7!500
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 Three 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 nOES 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 (610) 530-7500.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3, The sale will go through only if the buyer pays the Sheriff the full amount due in the
sale, To find out ifthis has happened, you may call (610) 530-7500.
4, lfthe amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened,
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal
proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A
schedule of distribution of the money bid for your real estate will be filed by the Sheriff within
thirty (30) days of the sale. This schedule will state who will be receiving the money. The
money will be paid out in accordance with this schedule unless exceptions are filed with the
Sheriff within ten (10) days after the posting of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your real estate back if
you act immediately after the sale.
~
. ~
LAW orneu
,HIXSON & RElU.YP.C.
VIN'OSOIt ~LAZA. SUtTlE: 10\
7'$35 W!NO~ Ol'l.lV~
"'ITOWN, "''' lal~!5-I01"
(tItO) 530.7!500
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONce. IF YOU DO NOT
HAVE A LAWYER OR CANNot AFFORD ONE, GO TO QR TELEPHONE THE OFFICE
LISTED BELOWtO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, P A 17013
(717)240-6200
PIOSAHIXSON & REILLY, P.c.
.
Dated: :bE' L. I ZClCIO
By: ~
Thomas E. eilly, Jr., Esquire
Attorney for Plaintiff
L D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
<,
...
ALL THAT CERTAIN parcel known as Lot #119, Section "F', Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31,1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve With a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F' Allendale by Whittock &
Hartman, Robert G. Hartma.n, Jr., P.E.
HA V1NG THEREON erected a'two story dwelling also known as 95 Deerfield Road,
Camp HilI, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-Of-way of record.
SUBJECT to Protective Covemtnts recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SA.M:E PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of:Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V: Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "A!'
,
FilEr) -OfFiCE
O~, I '0 fe"1'1" ",i tf)T"'Y
. ,,- "'_ .,~ It\n
00 JUN 13 Mi 9: 09
, ,
CUMBfJilA:\ti COUN1Y
PENNSYLVANVI.
I'
"
',;;,L
LAW OFFIC"ES
PIOSA HIXSON Be REII.LY P,C.
ONE WINDSOR PLAZA, SUITE 101
73315 WINDSOR DRIVE
ALLENTOWN. PA 1819!!H014
(610J !530'7!lOO
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V, WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Thomas E. Reilly, Jr., Esquire, attorney for Plaintiff in the above action, sets forth, as of
the date the Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania and
more particularly described in Exhibit "A" attached hereto:
I. The names and last known address of the Owners or Reputed Owners of the
Property are: Judy V, Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill,
Pennsylvania 17011.
2. The names and last known address of the Defendants in the judgment are: Judy
V. Windish and Stacey M, Spahr, 95 Deerfield Road, Camp Hill, Pennsylvania 17011,
3. The name and last known address of every judgment creditor whose judgment is
a record lien on the real property to be sold is:
a) Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Pennsylvania
19611; $124,817,20; dated 05/12/00; No. 2000-50-Civil, Cumberland County records.
b) Norwest Financial Consumer Discount Co.; 4900 Carlisle Pike, Store B-
I, Mechanicsburg, Pennsylvania 17055; $8,114.50; dated 5111/00; No. 2000-2954, Cumberland
County records. '
c) Boscov's Department Store Inc" PO Box 4274, Reading, Pennsylvania
19606; $7,881.60; dated 12/01/99; No: 1999-7250, Cumberland County records.
d) Mellon Bank, I Mellon Bank Center, Pittsburgh, Pennsylvania 15258;
$17,101.92; dated 09/24/98; No. 5515-1998, Cumberland County records.
LAwOFF1CES
PIOS"" HIXSON 81 .REILLY P.C.
ONE WINOSOI't PLAZA, .SUITE 101
715315 WINDSOR DRIVE
ALLENTOWN, PA .LSJ95-IOI4
(610) !530-.~O
4, The names and last known addresses of the last recorded holders of every
mortgage ofrecord are:
a)
Pennsylvania 19611;
937. ~
Sovereign Bank, FoS.B" 525 Lancaster Avenue, Reading, Berks County,
$123,800.00; recorded 12/29!93; Mortgage Book Volume 1188, Page
b) Mellon Bank; 10 South Market Square, Harrisburg, Pennsylvania 17101;
$17,086,88; recordcd 06!13197; MortgagcOBook Volume 1387, Page 661.
c) Pennsylvania Housing Finance Agency, 2101 North Front Street, PO
Box 15530, Harrisburg, Pennsylvania 17105-5530; $26.000,00; recorded 03!09!99; Mortgage
Book Volume 1525, page 469.
5. There are no other kno,^,TI persons who have any record lien on the property.
6. There are no other persons who have a record interest in the property and whose
interest may be affected by the sale.
7, There are no other persons who has any interest in the property which may be
affected by the sale.
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa,C,S,
Section 4904 relating to unsworn falsification to authorities.
PIOS^, HIXSON & REILLY, P .C.
Date:
By:c- ~ ~
Thomas E, Re lly, Jr., Esquire
Attorney for Plaintiff
Attorney 1. D. No, 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
:r~ ,.... I ~OOQ
< -~
ALL THAT CERTAIN parcel known as Lot #119, Section "F', Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31, 1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right.of.way line of Deerfield Road, a 50 foot right. of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right.of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F" Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erectEiu a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "A"
r - --.
LAW OFfiCES
PIOSA HIXSON &.BEILLY P.C.
ONE WINOSOIt PLAV.,. SUITE 101
7535 WINOSOPl DRIVE
ALLENTOWN. PA le19S.10t04
(610) 1530.7500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs_
MORTGAGE FORECLOSURE
Defendants
CERTIFICATE OF SERVICE
I, Thomas E. Reilly, Jr., Esquire, hereby certify that on the 7th day of July,
2000, a true and correct copy of the Notice to Lien Creditors Pursuant to Rule
3129, was mailed by United States first-class mail, postage prepaid, to the
interested party listed below.
Mellon Bank
10 South Market Square
Harrisburg, PA 17101
Pennsylvania Housing Finance Agency
2101 North Front Street
. PO Box 15530
Harrisburg, PA 17105-5530
Mellon Bank
1 Mellon Bank Center
Pittsburgh, PA 15258
Boscov's Department Store Inc.
PO Box 4274
Reading, PA 19606
Norwest Financial Consumer
Discount Co.
4900 Carlisle Pike
Store B-1
Mechanicsburg, PA 17055
Thomas E. Reilly, Jr., sq
Attorney for Plaintiff
One Windsor Plaza, Suite 01
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
u.s, POml BE"""'E CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIOE.~OR\NS\J\".p..NCe._?OS"I"M1>.S\a? ...---~:.^" .fj
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mOMAS E REILLY JR ,_ .~ _/ ~
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THOMAS E REILLY JR
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LAW OFFICES
PI05A HIXSON a REILLY p.e.
ONE WINDSOR PLAZA, SUITE 101
753!5 WINDSOR DRIVE
Al.LENTOWN, PA 16195.1014
(610) 530-71:500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
SECOND AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
Thomas E. Reilly, Jr., Esquire, attorney for Plaintiff in the above action, sets forth, as of
the date the Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania and
more particularly described in Exhibit "A" attached hereto:
1. The names and last known address of the Owners or Reputed Owners of the
Property are: Judy V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill,
Pennsylvania 170 II.
2. The names and last known address of the Defendants in the judgment are: Judy
V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill, Pennsylvania 17011.
3, The name and last known address of every judgment creditor whose judgment is
a record lien on the real property to be sold is:
a) Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Pennsylvania
19611; $124,817.20; dated 05/12/00; No. 2000-50-Civil, Cumberland County records.
b) Norwest Financial Consumer Discount Co.; 4900 Carlisle Pike, Store B-
I, Mechanicsburg, Pennsylvania 17055; $8,114.50; dated 5/11/00; No. 2000-2954, Cumberland
County records.
c) Boscov's Department Store lnc" PO Box 4274, Reading, Pennsylvania
19606; $7,881.60; dated 12/01/99; No. 1999-7250, Cumberland County records.
d) Mellon Bank, I Mellon Bank Center, Pittsburgh, Pennsylvania 15258;
$17,101.92; dated 09/24/98; No. 5515-1998, Cumberland County records.
J
LAWOFFIC.E5
PIOSA HIXSON & REILLY' P.C.
ONE WINOSOR PL.AZ.... SUITE 101
75315 WINOSOR DRIVE
AL.I.ENTOWN, PA 18195-1014
(610) 530-7500
4. The names and last known addresses of the last recorded holders of every
mortgage of record are:
a)
Pennsylvania 19611;
937.
Sovereign Bank, F.8.B., 525 Lancaster Avenue, Reading, Berks County,
$123,800.00; recorded 12/29/93; Mortgage Book Volume 1188, Page
b) Mellon Bank; 10 South Market Square, Harrisburg, Pennsylvania 17101;
$17,086.88; recorded 06/13/97; Mortgage Book Volume 1387, Page 661.
c) Pennsylvania Housing Finance Agency, 2101 North Front Street, PO
Box 15530, Harrisburg, Pennsylvania 17105-5530; $26,000.00; recorded 03/09/99; Mortgage
Book Volume 1525, page 469.
5. There are no other known persons who have any record lien on the property.
6. There are no other persons who have a record interest in the property and whose
interest may be affected by the sale.
7. The name and address of other persons who have any interest in the property
which may be affected by the sale is:
a) Mellon Bank, I Mellon Bank Center, Pittsburgh, Pennsylvania 15258;
Lawsuit filed on May 19,2000 at Case Number 2000-3126, Cumberland County records.
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa,C,S.
Section 4904 relating to unsworn falsification to authorities.
PIOSA, HIXSON & REILLY, P.C.
Date:
:3VL'1 11 JOOC
By
Thomas . Iy, Jr., Esquire
Attorney for Plaintiff
Attorney 1. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
'!..-."," ~
ALL THAT CERTAIN parcel known as Lot #119, Section "F", Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31, 1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet fi'om a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F' Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13,1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "A"
F:BrO:+V'c
or T!IE PRcmf.1it'iTAAY
I, ,:
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STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND
} SS.
Robert P Ziegler
I, ______________________________________________________________________________Recorderof
Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________
Sovereign Bank REal Estate Inv Trust
___________________________._____________________ ____________________________________ is the grantee
1st
the same having been sold to said grantee on the h________________h____h_h______h_n_____h day of
h__h_h_nl!"'y~.P:!:i?~En__nn_n_n_h__ A. D., l~~.9_~Qh, under and by virtue of a wriL_n______n__
______ _ ____ _~:~~_':~~.?_r: ____ ____ __ __ ___ _ ____ ____ _ issued on the ______ ____ _ _~ ~_t_~___ ____ ____ __ _______
June xx2000 .
day of __________________________ A. D., 1>1____n' out of the Court of Cornman Pleas of SaId County as of
Civil ~x2000
_ _ _ _____ ____________ _ ________ _.. __ ____ _ __ _ _____ __ _ _ _______ _____ ____ __ __ ____ ____ _ __ Term, 1~_ ______
50 Sovereign Bank F S B
~urnber______________,atthesuitof----------------------_________________________________________
Judy V Windish & Stacey M Spahr
_ ____ ___ _____ ________ __________ __ __ against___ _ _______ _______ __ ____ _ ____ __ __ __ __ __ __ ____ ______ _ is
duly recorded in Sheriff's Deed Book No. __~!_~____n, Page __n~~3_____.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and seal of said office this ~~______ day
of _-1":!;...::':.______h__n__________ A. D.,-lf9::o..,2,~
~~~~~-;;;,-~iik~
, '
, Sovereign Bank, F.S.B.
-vs-
Judy V. Windish as mortgagor and owner
and Stacey M. Spahr as real owner
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-50 Civil
Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on
July 11,2000 at 2:50 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice
Poster and Description 0 the property of Judy V. Windish and Stacey Spahr located at 95
Deerfield Road, Camp Hill, Cumberland County Pennsylvania according to law.
R. Thomas Kline, Sheriff who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Judy V.
Windish but was unable to locate her in his bailiwick. He therefore returns Real Estate
Writ Notice Poster and Description NOT FOUND as to the defendant Judy V. Windish.
R. Thomas Kline, Sheirff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Judy V. Windish by Certified Mail Return Receipt Requested,
Restricted Delivery, Deliver To Addressee Only to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of July 26, 2000 and returned to the
Sheriffs Office on August 17, 2000 with reason checked UNCLAIMED.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Stacey M.
Spahr, but was unable to locate her in his bailiwick. He therefore returns Real Estate Writ
Notice Poster and Description Not Found as to defendant Stacey Spahr.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Stacey M. Spahr, by Certified Mail Return Receipt Requested,
Restricted Delivery, Deliver To Addressee Only to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of July 26, 2000 and returned to the
Sheriffs Office on August 17, 2000 ,'lith reason checked UNCLAMED.
R. Thomas Kline Sheriff, who being duly sworn according to law, says 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 one of the wihtin named
defendants to wit: Judy V. Windish by regular mail to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of August 7, 2000 and never returned
to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Stacey M. Spahr by regular mail to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of August 7, 2000 and never returned
to the Sheriff s Office.
Harold Weary Deputy Sheriff, who being duly sworn according to law, says on
September 6,2000 at 6:30 o'clock P.M.EDST, he posted a copy of Real Estate Writ
Notice Poster and Description on the property located at 95 Deerfield Road, Camp Hill,
Cumberland County, Pennsylvania per Court Order.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 regular mail to Judy V. Windish
and Stacey Spahr by regular mail to their last known address 95 Deerfield Road, Camp
Hill, Pennsylvania per Court Order. This letter was mailed under the date of August 30,
2000 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due
and legal notice had been given according to law, exposed the above described premises
at public venue or out cry at Court House, Carlisle, Cumberland County, pennsylvania on
November 1, 2000 at 10:00 A.M. EST and sold the same for the sum of$ 1.00 to
Attorney Thomas E. Reilly for Sovereign Bank Real Estate Investment Trust. It being the
highest bid and best price quoted for the same Sovereign Bank Real Estate Investment
Trust of 525 Lancaster Avenue, Reading, Pennsylvania being the buyer in this execution
paid to SheriffR. Thomas Kline, the sum of$ 1,083.92 it being costs.
Sheriff s Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
County
Mileage
Certified Mail
Levy
Surcharge
Postpone sale
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
30.00
21.25
15.00
15.00
30.00
10.00
.50
1.00
31.62
1.37
15.00
30.00
20.00
428.15
360.00
23.53
25.00
2Q.2ll
$ 1,083.92 Pd By Atty
11/8/00
, ,
Sworn and Subscribed To before Me
b
This <<0- Dayof ~
2000,A.D.;t~t'~ O. ~, ~
P oilionotary ,
S~~ ..
J ,~='._~_"" ~..;>
/- ",?.p-.~7'-~-o:o:'"~-cr-",~~
R. Thomas Kline, Sheriff
By P.o~" ~' ~D...-IL
Real Estate Deputy
cr0
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3 ocr , o~
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1$
~
L.AWOFFICES
~ HIXSON 8: REILLY P.C.
WINDSOR PLAZA, SUITE: 101
7S35 WINDSOR ORlVi;
CNTOWN. PA 1819'.\014
(610) 530.7500
~~
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - L..\ W
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Thomas E, Reilly, Jr., Esquire, attorney for Plaintiff in the above action, sets forth, as of
the date the Praecipe for Writ of Execution was filed, the following information concerning the
real property located at 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania and
more particularly described in Exhibit "A" attached hereto:
1. The names and last knoWn address of the Owners or Reputed Owners of the
Property are: Judy V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill,
Pennsylvania 17011. '
2. The names and last known address of the Defendants in the judgment are: Judy
V. Windish and Stacey M. Spahr, 95 Deerfield Road, Camp Hill, Pennsylvania 17011.
3. The name and last known address of every judgment creditor whose judgment is
a record lien 'On the real property to be sold is:
a) Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Pennsylvania
19611; $124,817.20; dated 05/12/00; No. 2000-50-Civil, Cumberland County records.
b) Boscov's Department Store Inc., PO Box 4274, Reading, Pennsylvania
19606; $7,881.60; dated 12/01/99; No. 1999-7250, Cumberland County records.
c) Mellon Bank, 1 Mellon Bank Center, Pittsburgh, Pennsylvania 15258;
$17,101.92; dated 09/24/98; No. 5515-1998, Cumberland County records.
4. The names and last known addresses ofthe last recorded holders of every
mortgage of record are:
U.WOFFICr;:S
.. HIXSON &. RE.ILLY P,C,
V1NOSCR PLAtA, SUITE 101
7S35 WINCSOR DRIVr:;-
::NTOWN, PA 18195.1014
(610) 530.7!500
'.
a)
Pennsylvania 19611;
937.
Sovereign Bank, F.S.B., 525 Lancaster Avenue, Reading, Berks County,
$123,800.00; recorded 12/29/93; Mortgage Book Volume 1188, Page
b) Mellon Bank; 10 South Market Square, Harrisburg, Pennsylvania 17101;
$17,086.88; recorded 06/13/97; Mortgage Book Volume 1387, Page 661.
c) Pennsylvania Housing Finance Agency, 2101 North Front Street, PO
Box 15530, Harrisburg, Pennsylvania 17105-5530; $26,000.00; recorded 03/09/99; Mortgage
Book Volume 1525, page 469.
5. There are no other known persons who have any record lien on the property.
6. There are no other persons who have a record interest in the property and whose
interest may be affected by the sale.
7. There are no other persons who has any interest in the property which may be
affected by the sale.
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa.C,S.
Section 4904 relating to unsworn falsification to authorities.
PIa SA, HIXSON & REILLY, P.C.
Date:
.TUN!;" ?-"DQ
.
By:
Thomas E. eilly, Jr., Esquire
Attorney for Plaintiff
Attorney 1. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
'.
ALL THAT CERTAIN parcel known as Lot #119, Section "F', Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31,1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F" Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "A"
LAWOFF'lCES
I, HIXSON Be REIl..LY P,C.
,{INDSOR PLAZA. SUITE: 101
7535 WINDSOR DRIVE
ENTOWN, PI< 18195-1014
(6(0) 530-7500
"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.
Plaintiff
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEYM. SPAHR, as Real )
Owner, )
)
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
PURSUANT TO PA. R.c.P. 3129
TO: Judy V. Windish
95 Deerfield Road
Camp Hill, PA 17011
Stacey M. Spahr
95 Deerfield Road
Camp Hill, PA 17011
Your real estate located at 95 Deerfield Road, Camp Hill, Cumberland County,
Pennsylvania is scheduled to be sold at a Sheriff's Sale on September 6, 2000 at 10:00 A.M, in
the Commissioners Hearing Room 2" Floor, Cwnberland County Courthouse, I Courthouse
Square, Carlisle, Cumberland County, PA to enforce the court judgment of $124,817.20, plus
interest from May 12,2000 and costs of this proceeding, obtained by SOVEREIGN BANK.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be cancelled if you pay to Sovereign Bank and/or its attorney, Thomas E.
Reilly, Jr., Esquire, the entire judgment amount, accrued interest, costs and reasonable
attorney's fees due. To find out how much you must pay, you may call (61'0) 530-7500.
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.
L,o.WOFF"ICES
HIXSON & REIL.L Y P.G.
"INCSOR PI..o.!A. SUITE 10\
'535 W1NtlSOR ORIVi;
NTOWN. PA 18195-10104-
(610/530.7500
, ,
You may need an attomey to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See Notice on Page Three 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 (610) 530-7500.
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 (610) 530-7500.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the
Sheriff and the Sheriff gives a deed,to the buyer, At that time, the buyer will bring legal
proceedings to evict you. .
6, You may be entitled to a share of the money which was paid for your real estate. A
schedule of distribution of the money bid for your real estate will be filed by the Sheriff within
thirty (30) days of the sale. This schedule will state who will be receiving the money, The
money will be paid out in accordance with this schedule unless exceptions are filed with the
Sheriff within ten (l0) days after the posting of the schedule of distribution.
7. You may also have other rights and defenses or ways of getting your real estate back if
you act immediately after the sale.
I..AWOFFlC1!:!t
\ HIXSON & REIL.L.Y P,C.
.yINCSOft PLAZA. SUITE 101
7535 WINDSQR DRIVE
S;NTOWN. PA. 191915.1014
{610J !530.715oo
" \
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, P A 17013
(717)240-6200
PIOSA HIXSON & REILLY, P.C,
Dated: ::Ji.NE I., Zaoo
By: ~
Thomas E. eIlly, Jr., EsqUIre
Attorney for Plaintiff
I. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
.
ALL THAT CERTAIN parcel known as Lot #119, Section "F", Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Wbittock, R.P.E., dated March 31,1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distancE' of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F" Allendale by Wbittock &
Hartman, Robert G. Hartman, Jr., P.E.
HAVING THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill, Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record. '
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office ofthe Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns.
EXHIBIT "N'
. .
'.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO, 00-50 CIVIL 1J3X Term
CIVIL ACTION. LAW
TO THE SHERIFF OF
Cumberland
COUNTY:
To. satisfy the debt, interest and casts due Sovereign Bank, F.S.B.
PLAINTIFF(S)
fram Judv V. windish as Mortaaaor and Real Owner, and Stacey M. Spahr, as Real OWner,
95 Deerfield Road, Camp Hill, PA 17011
DEFENDANT(S}
(1) Yau are directed to. levy upan the property af the defendant(s) and to. sell See Legal Description
(2) Yau are also. direp,Ie,d,to.'!l\,act)rtt1€lipr9Ileljyaf the defendant(s} nat levied upan in the passessian af
"~-".......,,,===,"-"'~i""'';''''_'__''---
t.._-'='""__"'_~""""~
GARNISHEE(S) as fallaws:
.\,-,,:1~ ';!, c'
and to. natify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s} is/are enjained fram paying any
debt to. ar far the account af the defendant(s) and.'ra,m delivering any praperty af the defendant(s) ar atherwise dispasing
thereaf;
(3) If propertyaf the defendant(s) natlevied upan an subjectta attachment is faund inthe passes'sian af anyane ather
than a named garnishee, yau are directed tonbtify him/herthat he/she has been added as agarnishee and is enjained as abave
stated, '
Atty's Camm
Atty Paid
Plaintiff Paid
%
L.L.
Due Prathy
Other Casts
$.50
$1.00
Amaunt Due $124,817.20
from 5/12/00 to date of Sale
Interest (",!- Slg 47 nay\ - S2.277.99
$126.54
Date:
June 13, 2000
Curtis R. Long
Prothonotary. Civil Division
b\i:. 417~ 0 2. 7?;n?/NW' /"
Depuly
REQUESTING PARTY:
Name- Thomas E. Reilly, Jr., Esq.
Address: One Windsor Plaza, Suite 101
7535 Windsor Dn.va
AllontcwJfl, R~ 19195-10'1
Attarney far: Plaintiff
Telephane: 610-530-7500
Supreme Caurt ID No.. 41668
REAL ESIATE SALE No.1 III
i)n ~ 17"~ the sheriff levied uponthecl6fendants
interest in the real property situated in k~ ~'~41'\.d'~
Cumberland County, Pa" k flown and numbered as:"j$' L2.~ r/..J'.t? Jlr/e<..L
~;.L;i!jJ and more iu';: ")",enDed on Exhibit "A" flied with ,..;
this writ and by this reference incorporated herein.
Date9~, if,;;"" ~~
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..5
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
)
STATEOFPENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, 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,
VlZ:
JULY 28, AUGUST 4, 11, 2000
Affiant further deposes that he is authorized to verif'y this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Writ No. 2000-50 Civil
Sovereign Bank. F.S.B.
vs.
~I
'I
1
(P:WVL---...
RogerM. Morgenthal, Editor
REAL ESTATE SALE NO. 44
Judy V. Windish, as Mortgagor
and Real Ovmer. and
Stacey M. Spahr, as Real Owner
Atty.: Thomas E, Reilly. Jr.
EXHIBIT "A"
ALL THATCERTAIN parcel known
as Lot #119. Section "F". Allendale, ,
Lower Allen Township, Cumberland
County. Pennsylvania, according to
a Plan of Allendale for Hid State De- "
velopment Inc., by William R. \Vhit- "
tack. R.P.E., dated March 31. 1978
recorded in Plan Book 35. Page 25. i
bounded and described in accor- 1.
dance with said Plan as follows: :,~f:
SWORN TO AND SUBSCRIBED before me this
11 day of AUGUST. 2000
!
!
NOTARIA.L SEA!.
LOlli !. SNYDf~. NoIory Public
CarMIe llcro. Cumberland County, PA
My Ccmmiuicn Expi.... March 5, 2001
'" -< < " ...
."-t
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of
Publication
"
Underllet No. 587. lIooroued Mau 16.1929
Commonwealth of Pennsylvania, County of Dauphin} ss
James L. Clark being duly sworn according to law, deposes and says:
That he is the Accounts Receivables Manager 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 pubiisher of THE PATRIOT-
NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circuiation. printed and pubiished 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 continuousiy
pubiished ever since;
That the printed notice or pubiication which is securely attached hereto is exactly as printed and pubiished in
their regular daily and/or Sunday and Metro editions/issues which appeared on the 1 st. 8th and 15th day(s) of
August 2000. 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 pubiication are
true; and
That he has personai 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 Mis/neous Book "M",
vO;::~~'::~I:~ _________________ q_~______________________
COpy Sworn to and subscribed bet-"'~e is 30th day Augu' 00 A.D.
SALE #44
Notarial Seal
Terry L. Russell. Notary Public
Harrisburg, Dauphin County .
My Commission E,plres June 6. 2002 NARY PUBLIC
I mmission expires June 6,-
Member, Pennsytvania Association ot r es
2002
/'
~:'
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERlAND COUNTY COURIHOUSE
CARLISLE. PA. 17013
J
Statement of Advertisina Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates $
Probating same Notary Fee(s) $
~cl $
358.50
1.50
360.00
Publisher's Receipt for Advertising Cost
THE PATRIOT-NEWS CO.. pUblisher of THE PATRiOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and pubiication costs and certifies that the same have
been duiy paid. THE PATRIOT-NEWS CO.
By....m....mm...m....................................m......
.. ., ~ ~ ..
"
REAL ESTATE SALE No. 44
Writ No. 2000~50
, ,..};:rvjjTerm
SoverPfgn BanJ<; F.S.B.
, , vs
. Judy V. WindIsh as
l'~ortgagor and
Real Owner, and
Stacey M. Spahr,
-as_FlealOwner
. .... Atty:Thom.as .E. ReIlly! Jr.
DESCRIPTION
:' ,.... ALLTHAICERTAH\' parcelknov,1t'as Lot
,"#119" Se,dion "F", All~ndale, Lower Allen
, Township, Cumberland Count)~ Pennsykania,
,iICcordingJo_<1 Plan of Aliendale.fo.[,Hid ~tal,t.'
'Development Inc" bv William R. \\'l1iUock,
, "R.P.E., Qatcd Marcb 31, 1978 recorded hi Plan
Book 35, Page 25, hounded and described in
accordance with said'Plan a!,follo\\'.5:
BEGINNING' at a point -on lhe
n'ortbwestem right--o!.\\\lY lin.e of Wooe! Crest
Road, a 50 foot right-Of-v.'a~;, said point beLllg
located and (eferenced in J. souther!\'
direction along .thl::' northwestern right~oi-wa}'
line of Deedie!,j Road, a 50 foot right.Of-way, a
dist,mce of .t&~.31 feet !tom a cun"'c with a
tiidius of 15 feeUnd an ate length of23.56 feet
connecting the riJrthe<lsh:n1 right--of~way line
ofUiiertleJd Road and tht.' ~outheastern right-
oi-way title of Cri.cket "Lane, a 50 foot right-of-
'I\"a~'i lh....nce.:north 33 degree!; 35 minut!;)!:, 32
S'e~Nid5 w~t a disl,lnce of :181,30 ft'et 10' J
point 011: other 'lands of Hid Stale
be\'rlopml'n~ Inf.; ,th_ence ,~long the same
north S3 degre~ -i6 r'flinutes 04, sC(ond$ E'J:H; i1
distance of e,1'87 feet to a point Qh tbe
western right-,CL\:way lint:' of Wood <;rest Road;
thence, along tle same south ~ degrees 13
n'iit'illles' 56 sei:t;n:ds east,' a distance or 50.QO
ieet to a point; thence <lIong the s..lme' on tht'
'Jr', of OJ cun'!;' "to the 'rlg~t 'h~\,jng a mdlus oi
.12~OO fE'ct a:(l an::, length of 136,66 feet to il
, 'p'oint lb.1:' plaCi-:rof BEGINNING. .
".. Said 101 'oYjt~inins.13,437.993 .&quare fed
:ilJTd. is Subjc(f to a 15 foot. I-\'ide ut.Hity
eJ.s~eo.l. <If" noted on tbe. Final "Subdivision
Plan of SectIon IJF"Allendalc hv .Whittock &:
Hariman, Robert G. Hartman. Jr.; RE.
HA\'IXG THEREON erected j m'o ston'
~,iI:f;'mn'g ,)[50 'kno\4:n as 95 DCl'r.tield R~d,
,.,,~~~:~,p1jjt~fcrw.~I~~?Pj,+~.. ""'" ". .. ."...",..,..
t'1?"',"pNIJER A.,,>D St,ll)ECJ,~<I'ei:lhel""lo .
,:::-:':'::g:~~~:~':e'n ts;. ~1Jnditions,'.., ",:.'r,estfiC,t,\pri&"
':::::,fff~n~t1bhS:""rill.rigfit's-or:ikaY 'O'( r~'i:'q:rd::::::::;:,:::::::::::::::r ';
t:::'::::;:}2t~'t."BrtC'r ti;" :Vr'otecike "':e;)'Vil.U~'Hf';' "
I ":"fi~,ffd in Cu:1lb~iJa,nd Coullh; Ris;ord.'t:,~:,(}r
q".~~ti~':'Offict.' hi ;"liscdlallt'ous Book i5t\~'P.'ag~.
24-3, .
, B.EING THE!... SA1\.fE: PRE~llSES which
Jud)' v. \Vindish, ,~lng:ll:' woman, by her Dl'~d
dated September 14, 1999. .:l,nd r?cl)rded on
Odober 13, 1999, in tht;;" Office of tht' Recorder
of DIJed5 in and for Cumberland Count',', at
Deed Book Volume 209, page 880, granted"and I
conveyed unto]udrV. Windbh ilnd Staee\' M.
Spahr; their heir!> and as'signs. >
o
"
\:)
\
Lol.WOFF1CES
?105A HIXSON & REILLY p~C,
ONE WINOSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN. PA 18195-1014
(610) 5:30-7!50Q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
ORDER
AND NOW, this
z.&'" day of
~ v ,2000, upon
consideration of the attached Motion to Serve Defendants Pursuant to
Pennsylvania Rule of Civil Procedure No. 430,
IT IS HEREBY ORDERED that Plaintiff is authorized to serve the
Writ of Execution, Notice of Sheriffs Sale and any other documents which may be
required to be served upon the Defendants, Judy V. Windish and Stacey M. Spahr,
by posting a copy of the documents which are required to be served, on the most
public part of the property which is the subject of the mortgage foreclosure action,
and by first class mail to the Defendants last know address of 95 Deerfield Road,
Camp Hill, Pennsylvania 17011.
Attorney for Plaintiff:
Thomas E. Reilly, Jr.
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195
(610) 530-7500
J.
--;
I
,~
c ~ ~j$;
Attorney for Defendant:
None
LAW OFFICES
PIOS1\. HIXSON & REILLY P,C.
ONE WINCSOR PLAZA, SUITE 10\
7535 WINDSOR DRIVE
ALLENTOWN, PA \8195-1014
(610) 530,-7500
UI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
MOTION TO SERVE DEFENDANTS PURSUANT TO
PENNSYL VANIA RULE OF CIVIL PROCEDURE NO. 430
1. Plaintiff, Sovereign Bank, F.S.B., filed a mortgage foreclosure
action against Defendants, Judy V. Windish and Stacey M. Spahr, as set forth in
the complaint docketed to 2000-50-Civil, Cumberland County Records.
2. On or about December 29, 1999, Plaintiff attempted service of
the Complaint on the Defendants, through the Cumberland County Sheriffs
Office, at the Defendants address of 95 Deerfield Road, Camp Hill, Pennsylvania.
3. On or about January 18, 2000, the Sheriffs Office made a
Return of Service, which indicated that the Defendants, Judy V. Windish and
Stacey M. Spahr were served with a copy ofthe Complaint on January 14, 2000 at
the address of 95 Deerfield Road, Camp Hill, Pennsylvania. A true and correct
copy of the Return of Service is attached hereto and marked as Exhibit "A" and
made a part hereof.
4.
On May 15, 2000, the Plaintiff entered a Judgment in mortgage
foreclosure against the Defendant in the amount of $124,817.20.
LI\WOFFICES
PIOSA HIXSON & REILL.Y P.C.
ONE WINOSOR PLAZA, SUITE 101
7535 WINOSOR DRIVE
ALLENTOWN, PA 16195.1014
(610) 530,.7500
5. On or about July 20,2000 Plaintiff filed a Writ of Execution and
subsequently scheduled the Defendant's Premises located at 95 Deerfield Road,
Camp Hill, Pennsylsvania for Sheriffs Sale on September 6,2000.
6. On or about June 7, 2000, Plaintiff attempted service of the Writ
of Execution and Notice of Sheriffs Sale through the Cumberland County Sheriffs
office.
7. On or about August 18, 2000, the Sheriffs Office made a Return
of Service, which indicated that the Defendants, Judy V. Windish and Stacey M.
Spahr were "Not Found" at the address of95 Deerfield Road, Camp Hill,
Pennsylvania. A true and correct copy of the returned envelope containing the
Writ and Notice of Sale is attached hereto and marked as Exhibit "B" and
incorporated herein.
8. An inquiry of the Camp Hill, Pennsylvania post office reveals
that mail to the Defendants, Judy V. Windish and Sacey M. Spahr is "Delivered as
Addressed" at the address of 95 Deerneld Road, Camp Hill, Pennsylvania (the
"Request for Change form"). A true and correct copy of the Request for Change
form is attached hereto and marked as Exhibit "C" and made a part hereof.
9. An inquiry of the Pennsylvania Department of Transportation
Bureau (the "DMV Search") reveals the driver's license for the Defendant, Judy V.
Windish shows the address of 95 Deerfield Road, Camp Hill, Pennsylvania 17011.
A copy of the DMV Search is attached as Exhibit "D" and incorporated herein
10. On or about August 16, 2000, Plaintiffs attorney received a
telephone call from the Defendant, Judy Windish in which she indicated that she
was residing at the Deerfield Road address but that the Defendant, Judy M. Spahr
LAWOFFlCE5
PIOSA HIXSON & REILLY P.C.
ONE WINOSOR PLAZA. SUITE 101
7535 WINOSOR DRIve;.
ALLENTOWN, PA 18195-1014
(610) 530,,7500
was not residing at that address. Defendant, Judy Windish refused to give
information as to the whereabouts of the Defendant, Stacey M. Spahr.
11. Plaintiff requested confirmation ofthe Defendant's address
through the Cumberland County Tax Assessors Office and was told that tax
notices for the property which is the subject of the Complaint are mailed to the
Defendants at the address of 95 Deerfield Road, Camp Hill, Pennsylvania 17011,
which property is the subject of this mortgage foreclosure action.
12. Plaintiff has exhibited good faith in attempting to ascertain the
whereabouts of the Defendants, Judy V. Windish and Stacey M. Spahr.
WHEREFORE, based on the foregoing, Plaintiff requests leave of court
to serve the Writ of Execution, Notice of Sheriffs Sale and any other documents
which may be required to be served upon the Defendants, Judy V. Windisha nd
Stacey M. Spahr, by posting a copy of the documents which are required to be
served on the Defendants, on the most public part ofthe property which is the
subject of the mortgage foreclosure action, and by first class mail at the
Defendants Judy V. Windish and Stacey M. Spahr's last know address of 95
Deerfield Road, Camp Hill, Pennsylvania 17011.
Respectfully Submitted,
~/\/\
Thomas E. Reilly, Jr., Esqu,e
Attorney 1. D. No. 41668
Attorney for Plaintiff
LAW OFF'ICES
PIOSA HIXSON & REILLY P.C.
ONE WINOSOR PLAZ.... SUITE 101
7535 WINOSOR DRIVE
ALLENTOWN. PA 18195.1014
(610) 530..7500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DNISION - LAW
)
)
)
)
JUDY V. WINDISH as Mortgagor and Real )
Owner, and STACEY M. SPAHR, as Real )
Owner, )
)
SOVEREIGN BANK, F.S.B.
Plaintiff
NO. 2000-50-Civil
vs.
MORTGAGE FORECLOSURE
Defendants
AFFIDAVIT FOR SPECIAL SERVICE CHECKLIST
The following efforts marked with an "X" have been attempted by counsel for
the moving party:
Prereauisites:
oX. Attempted Sheriffs service at all known addresses
X Inquiry of postal authority
X Examination oflocal phone directories
Discretionarv Efforts:
X Examination oflocal tax records
Examination of voter registration records
X Inquiry of relatives, neighbors, friends and employers of
defendant(s)
Other:
BY~ --:I
Tomas E. Reilly, Jr. 1
The court will not consider a motion for special service pursuant to Pa. R.C.P. 430(a) until
an affidavit is submitted to Chambers indicating that an prerequisites have been attempted, and at
least one discretionary effort.
Dated:
/I/JCOyr Z I I ZOO"
SHERIFF'S RETURN - REGUUL~
CASE NO, 2000-00050 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERUL~D
SOVEREIGN BANK F S B
VS
WINDISH JUDY V ET AL
ROBERT L. FINK
Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within NOTICE & COMPLAINT IN
was served upon
WINDISH JUDY
the
DEFENDANT
, ~t 0019:00 HOURS, on the 14th day of January ,2000
at 95 DEERFIELD ROAD
CAMP HILL, PA 17011
by handin,g to
JUDY WINTIISH
a true and attested copy of NOTICE & COMPLAINT IN
together with
MORTGAGE FORECLOSURE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Ans\'lers:
18.00
10.54
.00
10.00
.00
38.54
." ,/ ..-
~r;.4'4'>'. . _ /.~-;:,;,;.
"f': ~~~;e:1~~
R. Thomas Kline
01/18/2000
PIOSA, HIXSON & REILLY
day of
BY~~~
D~put; S -eri'f '. .
Sworn and Subscribed to before
me this
A.D.
!
Prothonotary
EXHIBIT
JAr! 2 5 2000
I
"AIr
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00050 P
COMMONWEALTH OF PENNSYLVAL~IA:
COUNTY OF CUMBERLAND
SOVEREIGN BANK F S B
VS
WINDISH JUDY V ET AL
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
.
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within. NOTICE & COMPLAINT MORT/F was served upon
SPAHR STACEY
the
DEFENDJl...NT
, at 0019:00 HOURS, on the 14th day of January , 2000
at 95 DEERFIELD ROAD
Cill~P HILL, PA 17011
by handing to
JUDY WINDISH
a true and attested copy of NOTICE & COMPLAINT MORT/F together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
~~~~~_,... /,c:~:~:;:,.;
_....---.___.v_ .....'" v"''-'-''''''' ."
~ I
R. Thomas Kline
day of
01/18/2000
PIOSA, HIXSON & REILLY
BY:~~~'~ ;?;/"
eputy Sheriff -
Sworn and Subscribed to before
me this
A.D.
Prothonotary
JAN 2 5 2DU'
,
Sovereign Bank, F.s.B.
-vs-
Judy V. Windish as mortgagor and owner
and Stacey M. Spahr as real owner
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2000-50 Civil
Timothy Reitz, Deputy Sheriff who being duly sworn according to law, says on
July II, 2000 at 2:50 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice
Poster and Description 0 the property of Judy V. Windish and Stacey Spahr located at 95
Deerfield Road, Camp Hill, Cumberland County Pennsylvania according to law.
R. Thomas Kline, Sheriff who being duly sworn according to law, says he made
diligent search and inquiry for one of the within named defendants to wit: Judy V.
Windish but was unable to locate her in his bailiwick. He therefore returns Real Estate
Writ Notice Poster and Description NOT FOUND as to the defendant Judy V. Windish.
R. Thomas Kline, Sheirff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Judy V. Windish by Certified Mail Return Receipt Requested,
Restricted Delivery, Deliver To Addressee Only to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of July 26, 2000 and returned to the
Sheriff's Office on August 17,2000 with reason checked UNCLAIMED.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent
search and inquiry for one of the within named defendants to wit: Stacey M. Spahr, but
was unable to locate her in his bailiwick. He therefore returns Real Estate Writ Notice
Poster and Description Not Found as to defendant Stacey Spahr.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says 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 one of the within named
defendants to wit: Stacey M. Spahr, by Certified Mail Return Receipt Requested,
Restricted Delivery, Deliver To Addressee Only to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of Jnly 26, 2000 and returned to the
Sheriffs Office on August 17,2000 with reason checked UNCLAMED.
R. Thomas Kline Sheriff, who being duly sworn according to law, says 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 one of the wihtin named
defendants to wit: Judy V. Windish by regular mail to 95 Deerfield Road, Camp Hill,
PelUlsylvania. This letter was mailed under the date of August 7,2000 and never returned.
to the Sheriff s Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says.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 one of the within named
defendants to wit: Stacey M. Spahr by regular mail to 95 Deerfield Road, Camp Hill,
Pennsylvania. This letter was mailed under the date of August 7, 2000 an4 never returned
to the Sheriff's Office.
AU6 ! 8<>::]
\
EXHIBIT
I
liB II
So answers: -'" .' ".
;,..-7/" t:{"I:'-/-:-:::'"",",~'-.M'.#'~'''~~'''Y:<
1 ~!:!r_.:r;.-r,l!};p.~'"""'-liI:>' ~-;. ~
,.' ",;f-<.~'","~'
....-
~T-homas Kline; Sheriff
By!b~(.<..- ~
Real Estate Deputy
-,
."-'
PIOSA HIXSON & REILLY
ATTORNEYS i'J LMN
MICHAELJ. PIOSA
BOYD G. HIXSON
mOMAS E. REILLY, jR.
mOMAS A. CAPEHART
USA A. YOUNG
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TEL: (610) 530-7500
FAX: (610) 530-8190
August 3, 2000
Postmaster
Camp Hill, PA 17011
Request for Change of Address or Boxhoider
Information needed for Service of Legal Process
Patron Name; Judy V. Windish
Address: 95 Deerfield Road, Camp Hill, PA 17011
Case Name: Sovereign Bank vs. Judy V. Windish & Stacey M. Spahr
Docket Number: 2000-50-Civil
Piease furnish the new address or name and street address (if boxholder).
NOTE: Name and last address are required for address change information. Name. if known, and P.O.
Box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d) (6) (ii). There is no fee for
boxhoider information. The fee for change of address information is waived per 39 CFR 265.6(d) (1)
and (2) and corresponding Administrative Support Manuei 352.44a and b.
1. Capacity of requester: Attorney
2. Sta1ute or regulation empowering me to serve process: not required when requester is an
attorney.
3. Names of all known parties to fhe litigation; See above Caption.
4. Court in which the case has or will be heard: Court of Common Pleas for Cumberiand
Countv, Pennsylvania.
5. Capacity in which individuai is to be served; Defendant.
WARNING
THE SUBMISSION OF FALSE iNFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS iNFORMATION OR
80XHOLDER iNFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS iN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMiNAL PENALTIES
INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR
CHANGE OF ADDRESS INFORMATiON OF NOT MORE THAN 5 YEARS, OR BOTH (TiTLE 18 U.S.C. SEe. 1001).
I CERTIFY THAT THE ABOVE iNFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT
THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS iN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION.
B;'~'''lYmL e .()€ff#l)/:J<.
Thomas E. Reilly, Jr" s
~f0:=0,
{ ""'.....,
. c.~. '\ ./ \
i,-r<r" <.'/> \ I
:\.\ f OJ '~& ! ;
, _<\ 4~~, ,< ' .! j
. "
FOR POST OFFICE USE ONLY - POSTMARK
L Mail is delivered as addressed. _ No change of address on file
_ Nof known at address given. _ Moved, left no forvvardin addre
No Such address. New Address:
_ Boxholder's representative/agent Boxholder's address:
.'"cr'"
EXHIBIT
I
"C"
PIOSA HIXSON & REILLY
ATIORNEYS I>iI LPNV
MICHAEL J. PIOSA
BOYD G. HIXSON
THOMAS E. REILLY, JR
THOMASA. CAPEHART
LISA A. YOUNG
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
1EL: (610) 530-7500
FAX: (610) 53G-8190
August 3, 2000
Postmaster
Camp Hill, PA 170]]
Request for Change of Address or Boxholder
Information needed for Service of Legal Process
Patron Name: Stacey M Spahr
Address: 95 Deerfield Road, Camp Hill, PA 17011
Case Name; Sovereign Bank vs. Judy V. Windish & Stacey M. Spahr
Docket Number; 2000-50-Civil
Please furnish the new address or name and streef address (if boxhoider).
NOTE: Name and last address are required for address change information. Name, if known, and P.O.
Box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d) (6) (Ii). There is no fee for
boxhoider information. The fee for change of address information is waived per 39 CFR 265.6(d) (1)
and (2) and corresponding Administrative Support Manuel 352.44a and b.
].. Capacity of requester; Atforney
2. Stdtute or regulation empowering me to serve process: not required when requester is an
attorney.
3. Names of all known parties to the litigation: See above Caption.
4. Court in which the case has or will be heard: Court of Common Pleas for Cumberiand
County. Pennsyivania.
5. Capacity in which individual is to be served; Defendanf.
WARNING
THE SUBMiSSION OF FALSE iNFORMATiON TO OBTAIN AND USE CHANGE OF ADDRESS iNFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT iN CRIMINAL PENALTiES
INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR
CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH [TITLE ]8 U.S.c. SEC. 1001).
I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND THAT
THE ADDRESS INFoRMATION is NEEDED AND WILL BE USED SOLELY FOR SERViCE OF L~GAL PROCESS IN
CONNECTiON WITH ACTUAL OR PROSPECTIVE LITIGATION.
By:'
, "'....-.--................
,/,'~.-:\,.
/
FOR POST OFFICE USE ONLY - POSTMARK
)< Mail is delivered as addressed. _ No change of address on file
_ Not known at address given. _ Moved, left no forwarding address
_ No Such address. New Address:
_ Boxhoider's representative/agent Boxholder's address:
"
.:.t C
O"p-ATF "X3/97)
SERVICE REQUEST FOR OPERATo'R'INFORMATION
. .
Mail to:
Pa. Auto License Brokers
P.O. Box 2106
Harrisburg, PA 17105
Account Code WMP- I? \:\~
Your firms name and address
THOMAS E. RE[LL Y JR ESQUIRE
ONE WINDSOR PLAZA SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN PA 18[95-1014
,-}u(
,..
Phone: 717-691-67.
Fax: 717-691-73
:;)Nn.q) - c.\~\ \
Your claim/case number
Phone
610-530-7500
Fax
610-530-8190
Attn:
Jennifer
Attorney or paralegal
. .
PLEASE NOTE: YOU MUST PROVIDE US WITH A COMPLETED AND NOTARIZED PENNDOT FORM DLSo
KNOWN SUBJECT INFORMATION (Please Include an known Information) .
31 )A~ \(()~~ (A,~","",A,-'3~ /3 ~p9s:::3>
Name (F' ) (M.!.) (Last) Operator numb~r . 9'
q-e, 'Dee".Q:i..e-\d ~(',C:A ~- S - ~
Address Date of Birth
Iq{~LlO-1-LDdl9
Social security number
c('\.~ V,,\\
City
'?9t
State
1""1-0\ \
Zip Code
INFORMATION REQUESTED FEE
(d: Basic Operator (Provide name, address, Oper#, D.O.B., class [You must complete DL503]) .. $14.00
( ) Printout of three year driving record (You must complete DL503) ............................................... $14.00
( ) Certified po Yr) driving record (You must complete DL503) ....................................................... $19.00
( ) Photostats of citations (You must complete DL503) ..................................................................... $14.00
( ) Photostats of operator Wid history (You must complete DL503) ................................................. $14.00
( ) T.S. letter (Will tell what is needed to restore) You must provide
us with a DL601 MRT signed by your client. ...........................................................,.................. $15.00
) Special services to restore (You must provide us with a
DL601MRT signed by your client. .................................................:...........................::.::............ $1.5.00
) Out of state driving record (Operator number requiTed in most
instances [You must complete DL503]) ..................................................................................... $20.00
Special instructions ~~(j.'
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"'~~ }.
Please include one check payable to Pa. Auto License Brokers in the above amount. (EIN 25-1641815) Above
fees include state fee for one record or photostat.
An additional $5.00 service fee is charged on aN invoiced requests.
State law requires us to submit on all paid information. You will always receive printouts.or photostats in the mail
We do not retain a copy of these printouts or photostats. . ! 0
EXHIBIT .) f 1
I "Dn
\
\
PENNSYLVANIA DEPARTMENT OF TRANSPORTATION
BUREAU OF 8RIVER LICENSING
BASIC DRIVER INFORMATION
AUG 12 2000
DRIVER: JUDY L VANATTA
95 DEERFIELD RD
CAMP HILL, PA 17011
DRIVER LICENSE NO
DATE OF BIRTH
SEX
RECORD TYPE
DRIVER LICENSE (DL)
PlI_GE 1
13542953
MAY 03 1949
FEMALE
4YR LIC/LP
COMMERCIAL DRIVER LICENSE (CDL)
LICENSE CLASS
LICENSE ISSUE DATE: MAR 19 1999
LICENSE EXPIRES
ORIG ISSUE DATE APR 22 1986
MED RESTRICTIONS NONE
LEARNER PERMITS
LICENSE STATUS
CDL LICENSE CLASS
CDLLICENSE ISSUED
CDL LICENSE EXPIRES
CDL ENDORSEMENTS
CDL RESTRICTIONS
CDL LEARNER PERMITS
CDL LICENSE STATUS
SB ENDORSEMENT
A*
MAR 19 1999
MAY 31 2003
NONE
NONE
PROBATIONARY LICENSE (PL)
PL LICENSE CLASS
PL LICENSE ORIG ISS
PL LICENSE ISSUED
PL LICENSE EXPIRES
PL LICENSE STATUS
OCCUPATIONAL LIMITED LICENSE (OLL)
OLL LICENSE CLASS
OLL LICENSE ISSUED
OLL LICENSE EXPIRES
OLL LICENSE STATUS
*** END OF RECORD ***
\
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LAW lJf'f'ICE,5
PIOSA HIXSON & REILLY Pc.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
AL'LENTOWN. PENN5YLVANIA 16195-1014
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
Plaintiff
)
)
) NO.2000-50-Civi1
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
vs.
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
Defendants
To the Respondent(s):
You have been sued in court. The petition set forth in the following pages requests the
court to determine the amount which should be credited against any liability you may have to the
petitioner as a result of the purchase by the petitioner at an execution sale of the real property
described in the petition. If you wish to defend against the petition, you must take action within
twenty (20) days after this petition and notice are served upon you, by entering a written
appearance personally or by attorney and filing in writing with the court your defenses or
objections to the matters set forth in the petition. You are warned that if you fail to do so, the
case may proceed without you and ajudgment may be entered against you by the court without
further notice for any claim or relief requested by the petitioner. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
PHONE: 800-990-9108
--:;/~~
Thomas A. Capehart, E uire
Attorney for Plaintiff
Atty. 1. D. No. 57440
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
APR 3 I) 2001t:r?
SOVEREIGN BANK, F.s.B.,
PlaintifflPetitioner
)
)
) NO. 2000-50-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
vs.
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
DefendantslRespondents
RULE TO SHOW CAUSE
AND NOW, this /.Ai. day of ~ ~ ,2001, upon consideration of the
Petition to Fix Fair Market Value of Sovereign Bank, F.S.B., a rule is hereby issued upon the
Respondents, Judy V. Winclish and Stacey M. Spahr, to show cause why the Fair Market Value
of the real property known as 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania,
should not be assessed at $120,000.00, and prior lien amounts and costs should not be
determined to be $3,187.08.
This rule is returnable the I ~ day of ~ ' 200 I, in Courtroom #
U ., _-L fA '{/7J a,1??
~ of the Cumberland County Courthouse, CarlIsle, Pennsylvarua; Q.A-.." f U < .
-4i
~,O\
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
DefendantslRespondents
)
)
) NO. 2000-50-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
Plaintiffi'Petitioner
vs.
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
ORDER FIXING FAIR MARKET VALUE
AND NOW, this
day of
, 200 I, upon consideration of the
Petition to Fix Fair Market Value of Sovereign Bank, F.S.B., it is hereby ORDERED that the
Fair Market Value of the real property known as 95 Deerfield Road, Camp Hill, Cumberland
County, Pennsylvania is fixed at $120,000.00, and that prior lien amounts and costs are found to
be $3,187.08.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
vs.
)
)
) NO. 2000-50-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
Plaintiff/Petitioner
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
DefendantslRespondents
PETITION TO FIX FAIR MARKET VALUE OF REAL PROPERTY
AND NOW, comes the Petitioner/plaintiff, Sovereign Bank, F.S.B., (the "Bank")
by and through its attorneys Piosa, Hixson and Reilly, and in support of the within petition to fix
fair market value avers as follows:
1. Petitioner, Sovereign Bank, F.S.B., Plaintiffi'Judgment Creditor in the above
referenced matter, is a Federal Savings Bank with its principal offices located at 525 Lancaster
Avenue, Reading, Pennsylvania 19611.
2. Respondent/Defendant, Judy A. Windish is an adult individual last known to reside
at 95 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Respondent/Defendant, Stacey M. Spahr is an adult individual last known to reside
at 34 Park Drive, Dillsburg, York County, Pennsylvania 17019.
4. The within petition to fix fair market value is filed pursuant to Section 8103(a) of
the Judicial Code. (42 Pa. C.S.A. S 8102(a). (42 Pa. C.S.A. S 8102(a))
5. The within petition Telates to the premises known as 95 Deerfield Road, Camp Hill,
Cumberland County, Pennsylvania (the "Premises") as more fully described in the attached
description which is marked as Exhibit "A" and incorporated herein by reference
6. On May 15, 2000, the Bank entered a judgment in the within captioned matter
against the Respondents/Defendants in the amount of$124,817.20, plus per diem interest of
$19.47 with the amount due as of November 1,2000 totalling $128,088.16.
7. On November 1, 2000, the Premises was sold at Sheriff's Sale pursuant to the
aforementioned mortgage foreclosure judgment in favor of the Bank docketed to Number 2000-
50-Civil in the Court of Common Pleas of Cumberland County.
8. As a result of the foreclosure action and Sheriff's Sale, the Bank incurred costs and
prior lien amounts as follows:
Filing
Sheriff's service of Complaint
Judgment
Sheriff' 5 Sale costs
Unpaid School taxes for year 2000
$ 45.50
66.64
9.00
1,083.92
1.982.02
$3,187.08
9. The Sheriff's Deed transferring the Premises to the Bank was executed and
acknowledged on November 20, 2000 and filed in Deed Book Volume 234, page 382 in the
Cumberland County Recorder of Deeds Office. A true and correct copy of the Sheriff's Deed is
attached hereto as Exhibit "B" and incorporated herein by reference.
10. The fair market value of the Premises is $120,000.00. A true and correct copy of
the appraisal is attached hereto as Exhibit "c" and incorporated herein by reference.
2
11. Petitioner requests the Court to fix the fair market value of the Premises at
$120,000.00 and that the Court determine priOT lien amounts and costs to be $3,187.08.
WHEREFORE, Petitioner, Sovereign Bank, F.S.B., respectfully requests that this Court
enter an Order fixing the fair market value of the Premises known as 95 Deerfield Road, Camp
Hill, Cwnberland County, Pennsylvania, at $120,000.00, less the prior lien amounts and costs of
$3,187.08 such that Respondents owe the deficiency of at least $11,275.24, and such other relief
as this Court deems just and appropriate.
Respectfully Submitted,
PIOSA HIXSON & REILLY, P.C.
By:
3
VERIFICATION
I, CONSTANCE M. COCROFT, state that I am the Vice President of Sovereign
Bank, Plaintiff in the within action, and as such, I am authorized to make this
Vermcation on behalf of the said Sovereign Bank, and verifY that the statements made
in the foregoing document are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to
unsworn falsification to authorities.
-;
C ;"$b/,~ C?~
Constance M. Cocroft
Dated;
Lfh 5^/O I
ALL THAT CERTAIN parcel known as Lot #119, Section "F", Allendale, Lower Allen
Township, Cumberland County, Pennsylvania, according to a Plan of Allendale for Hid
State Development Inc., by William R. Whittock, R.P.E., dated March 31, 1978 recorded
in Plan Book 35, Page 25, bounded and described in accordance with said Plan as follows:
BEGINNING at a point on the northwestern right-of-way line of Wood Crest Road, a 50
foot right-of-way, said point being located and referenced in a southerly direction along
the northwestern right-of-way line of Deerfield Road, a 50 foot right-of-way, a distance of
484.31 feet from a curve with a radius of 15 feet and an arc length of 23.56 feet
connecting the northeastern right-of-way line of Deerfield Road and the southeastern
right-of-way line of Cricket Lane, a 50 foot right-of-way; thence north 33 degrees 35
minutes 32 seconds west a distance of 181.30 feet to a point at other lands of Hid State
Development, Inc.; thence along the same north 83 degrees 46 minutes 04 seconds east, a
distance of 150.87 feet to a point on the western right-of-way line of Wood Crest Road;
thence along the same south 06 degrees 13 minutes 56 seconds east, a distance of 50.00
feet to a point; thence along the same on the arc of a curve to the right having a radius of
125.00 feet, an arc length of 136.66 feet to a point the place of BEGINNING.
Said lot containing 13,437.993 square feet and is subject to a 15 foot wide utility
easement as noted on the Final Subdivision Plan of Section "F" Allendale by Whittock &
Hartman, Robert G. Hartman, Jr., P.E.
HA VTNG THEREON erected a two story dwelling also known as 95 Deerfield Road,
Camp Hill,Pennsylvania.
UNDER AND SUBJECT, nevertheless, to easements, conditions, restrictions,
reservations and rights-of-way of record.
SUBJECT to Protective Covenants recorded in Cumberland County Recorder of Deeds
Office in Miscellaneous Book 158, Page 243.
BEING THE SAME PREMISES which Judy V. Windish, Singlewoman, by her Deed
dated September 14, 1999 and recorded on October 13, 1999, in the Office of the Recorder
of Deeds in and for Cumberland County, at Deed Book Volume 209, page 880, granted
and conveyed unto Judy V. Windish and Stacey M. Spahr, their heirs and assigns:
EXHIBIT
I <<IJ "
1;"
,)>
8 <3 05 i U Parcel # 13-25-0010:260
Know all Men by these Presents
That!,
R. Thomas Kline
Sheriff of the County of
5 1.00
Cumberland in the State of PennsyLvania, for and in consideration of the sum of
ONE
to me in hand paid, do hereby grant and convey to
Sovereign Bank Real Estate
Investment Trust
REAL ESTATE SALE No. 44
Writ No. 2000-50
Civil Tenn
Sovereign Bank, F.$.B.
vs
Judy V. Windish as
Mortgagor and
Real Owner, and
Stacey M. Spahr,
as Real Owner
Atty: Thomas E. Reilly, Jr.
DESCRIPTION
ALL THAT CERTAIN parcel
known as Lot #119. Section "F',
Allendale. Lower Allen lbwnship,
Cumberland Count)', Pennsylvania.
. according to a Plan of Allendale fOf
Hid State Development Inc., by
William R. Whitlock, R.P.E~. dated
March 31. 1978 recorded in Plun
. Book 35. Page 2.~. bounded and
described in accordance with said
Plana~ follows:
BEGINNING at a point on the
northwestern right-of-way line of
Wood Crest R(Jud. a 50 foot right-of.
way, said point being located and
referenced in a southerly direction
along the northwestern right-of.
way line of Deerfield Road, a 50
foot rig'nt-ol<.way. ... dil\umc~ of
484.3 I feet from a curve with a
radiu:'iof 15 feetalld an arc length
of 23.56 feet connectiltg the north-
eastern right.or-way line-orDeerfield
Road and the southeastern right-of- & Hartman, Robert G. Hartman, Jr..
way line of Cricket l.,.ane. a 513 foot P.E.
right-or-way; thence north 33 degrcc,~ HAVING THEREON erected a '
35 millute.,> 32 seconds west a dis- two story dwelling also known a,>
lance of 181.30 feet 10 a point at 95 De-erfie-Id Road, Camp Hill,
othcr lands of Hid Swte Develop- Pennsylvania.
ment. Inc.; thence along the same UNDER AND SUBJECT, never-
north 83 degrees 46 IninUles 04 the-less, to easements, (:ondilions,
seconds cast. a distance of 150,87 restrictions. reservations and rights.
feet to a point on the western right- of-way of record.
of-way hne of Wood Crest Road; SUBJECf 10 Protective Coven-
thence along the same south 06 ants recorded in Cumberland County
degrees l3 minutes 56 seconds ' Recorder of Deeds Office tll Mis-
cast, a distance of 50.00 feet to a . cellaneous Book 158. Page 243,
point; thence along the same o? the BEING TIlE SAME PREMISES
arc of a curve to the right havmg a which Judy V. Windish, single
radius of 125.00 feet, an arc length woman, by her Deed dated Sep-
of 136.66 feet to a point the place tember 14, 1999 and recorded on
of BEGINNING, October 13. 1999, in the Office of
Said lot containing 13,437.993.: the Recorder of Deeds in and for
square feet and is subject to a 15 i Cumberland County, at Deed Book
foot wide, utililY ea~e~l~nt as noted Volume 209, page 880. gronted and
on the Flllal SUbdiVISion PI~n of conveyed unto Judy V. Windish and
Section ,oF' Allendale by Whlttock' Stacey M. Spahr. their heirs lInd
assigns.
EXHIBIT
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the same having been sold by me to the said grantee on lhe
day of November Anno Domini two thousand
( 20 ~) after due ::ldvertlsement according to law, under and by virtue of a writ
. Hila{
of Execution
issued on the
13th
day of
Anno Domini 20 ~ out of the court of Common Pleas of
lerro. Two thousan~
June
Cumberland County, Pennsylvania, as of
V Civil
(20~) Number
Sovereign Bank F.S.B.
50
,at thesllit of
against
Judy V. Windish as Mortgagor and Real OWner. and
c:::.r""....""y M ~r::ln,... "":! P""",,' "'.."..,e-....
BOOK 234 f:,G[ 38:1
In Witness Whereof. I have hereunto affixed my signature this
November
20th
Anno Domini two thousand
day of
lQI!I1<'
( 20 -.lliL )
~~nP-#
Sheriff
R~ Thanas Kline
Sheriff
Commonwealth of Pennsylvania, ss.
Before the undersigned,
Curtis R. Long
Prothonotary
of the Court of Common Pleas of Cumberland County Pennsylvania, personally appeared
R. Thomas Kline
Sheriff of
Cumberlnnd County aforesaid, and ill due form of law declared that the facts sel forth in the foregoing Deed are true, and that he
acknowledged the same in order that said deed might be recorded.
20th
day of November
Witness my hand and seal of said Court, this
Anno Domini two thousand ooGr
(20_00_)
,r2~~1
NOTARIAL SEAL
fIOOnJa{OTAR(, MOTARY PUIlIC
r:AR.lstE. CIJUB8tAHO CClIN1Y COlm I-lOUSE
MY COUUfSSlCW EXPflES .wtUARY 7,2002
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r hereby certify that the residence and Post Office
address of the within Grantee is
525 Lancaster Avenue
3~4fb
Soliei r
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. :'" "','i";"'U in 11;") ,,\tif~P. for ,'rip- rf>\':nn\i\)~ nf "'~I r.
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DEED-POLL
-
R. Thomas Kline
, Sheriff
Sovereign Bank. Real Estate
Investment 'lrust
"0
Sent by: SOVEREIGN BANK
610 736 1525; ,
02/14101 3:32PM;Jetiax #917jpage" 3/6 ///'
/
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Empluyec Relocation Council
Brllker's Marl,ec Analysis and Strategy Report
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Purpose: This report is not nD apprnislIl or llllomc in~p~ttion" Ruth=r. il h< dC::iigocd :0 cn.tbk th~ real ~~Ia[c hl'UI.'i~t to cOrlellct ,I diligel1t
l:U\uIY$is oflhe pl"OpCflY'S c\Jmlitioll. cmnpcllliclIl. iUla IUlUfc 111a!'l.cT<lhility, B..s=d on InlS analysis. Lh~ bt'okcr i$ t<l eslimare lll<: ~l1bjC:Cl rmpcrtY'$,
. Mo~t I,ikely Sules Price "As l:l" ;l.nd Most Lilu~Jy Sales l'ricE: "With Rcpair~ & Imf1r'lV.:m~nts.. :ltld
.. Mos[ LOu'Iy Ne[ Pric~ ",\s l~" ~nd Mm.t l,ikcl)' Nf.lt PriCf.l "With R~r~irs &. Impr,,"crnc;;l1l;.."
assuming a :'ca:.Mlah1e mal'l.:c[ill~ lil1l~. ll<ll Ul ~cee~1 J:!O UiIYS, CR..kr 111 deJinilluns on pag.: 3 of lhls !oml, AI!;,) rc:f~r 1(1 ERe':. m,muiil on
cmnpl':linl:; Illb form,l
Thi:> limn is hem' .:omnlc;;!e,l for:
Procedural Guidelines
For P1ocedUre:;: on cClnwclin.~ hon\eown<::r. inspeClinl!. Ill'<meny, submiLtjn~ reporl .'U1d nro'l'itlin<> ,.,bo(os. (i.llJow l',:"uos[in" ':{)11}l"lan\."s "uicldincs,
Fill: # 1l,11IleOwnefl~) $o\'crl:ij.:n Bani'
l'mr..!"I)' .-"\ddr..~~ 95 Deerfi..ld ROl\d
City. :-ital':. ZIp Camp Hill, PA 1761l-~470
I3MA Requc:sl~ by (CU, & Comac[) Coldwell B:!Bker Pre!. - Mindy I\-Hller
R~qUlming e.l, ^ddr~s,; 8110 rCIIII)'lI Pike
eit)', ~tatc ,;(.ip Blue Bcll, PA 19422
R~ii.ll::,",~te I.'lnn &. Cmltact Huwurd HiIlnn:s Detweiler Rlt)',~Dl'l\'e Wellver
Real E:rcal": Finn Addr,:ssJ310 Ml\rket Strte[ ,
till'. Stille. Zip Camp Hill. fA 17011-4449
.-\g~nl PrcpureL" (if ollll:r lhan cOJlt,1.;1)
form M'Owl\er~hip: iXi Fc::e Simpk :' I Le<c;o:illlh1
OCCUp.ll\l: l rlemi:Owl\c::r I I T'::lul.nt IXI VUr:J.1l1
IndIcate i1I1~ jlCISOll;.l1 prop.:rt). [haL l'':n\/tllli- (~,!;., reirigC:I.J.\I.lI', r"'llg~. lil,:ll1in~ li:o.tl.lrc:s, cl;:',illn~ (~lnS, ell'.)
cDntrols)
l~ th!': $UoiCCl cUt't<':I\Il} liSLC,J',1 I" I 'ic~ I~I Nil Listing CompanyfAg'::nL
U~$C1'lb~ th~ m~),:;c rltub:;blll mc::am; ul"finilllcing and tel'ill.~ f.lr [he suhi<::ct, CAsh is most probable in its present conditiDll, H(l\t'e\fer,
COtl'lentionnl Rellab MOrlgllge may be possible for owner otcopied.
At.:: fl'linL~ cl.lstllm~rily paid hy thl: s..:lle:l' 'Mille mll~l prohahlc rlI1;n-=ing'! jxi '(o:~ ! 1 N() If yes:. how mallj<'
CtllUm..:11I on any Illhi:r s~'lJcr lillllllcing concessions that an.' I)CCC:O$<l.ry to el)hllll~'.-! the ~aic oftl1o: ~ubjc:c! property,
r~,!~ired C(l cnntributc towurd bu>"cr's c:Io5in~ CllS,ts IfU,eh.ab l\-1ort~~!c ~s usc~,
Do YI>U ;ilnlicjpllle: :in) issues Ihlll y,otlltl :::If,;cllhc: l:,lbilily 10 so:curl; Jimmcil\g for the subjecl pwpcnY'!(I:,g.. cOllditioJl. z:lllin~.cIWif<)m..:nt=r.1. 110A.>:[c,}
Ix Y.:s I I Nv If~c:s, C<lmm..:m Condilion~lacl, afk-ilchell. baths, furnnce, HW healer. etc.
~(JI~.' 71se ",bcn."fi'J:JIl,-i"Z i'l!of'f'lf,lk", $/'oll/t./ hti co"ha r>l,,,t 10 the "'!,\I~Kr:'1 INU ~TRA 11:OY (mtJ V.>J ,lJE,ANAr, YSIS ~t:,;fl'.11.> ,," p<1!:~ 3 '4'I"i~Jur'"
I Homc.Mll1'ketinl! A,,:>L~!:l.n~\l.
x
rllllllc:sate[:;uvuul~
Type:; I
H <lm= Ph~m""
W",rl. I'h~'llo:lf
e-lllllil
Ph<)n~ 2~7p465.S989
Fl.xil 2J5.654.76:J9
<;-lTmil dcwpSlJ.I<$d~su!>ernct.net
Phon..:/;' 800-i69~544S
Fall. iI 717~761~5308
l'hLlll=#
Coop
il}t:D
I~ Sillgl<: Filmily I I Other
Condu
1 I
Garage DMr Opener (I'\() remote
Seiler-mil)' be
What r~p;>ir:> &. iIllP,,,v':!TI>!llts (I~&[I iIJ\: II'::cl.:';~al')- t<1 ~'::curc nl' nh\ail1 €inane ill!; a.~ indk:.rl~cl illlh.: FINANCINCi ~':';li('1I :Jh"v~ :l.nd/or i:lrc
rc:cOl1lnlelld.;:u ru tlJIHlfice the subject's Jnlirko:lUlbilily. (Rc':~lllll\lC:llded jtc:m~ sll<*ld im'rc:-;,s= the ~lJbj~l'~ 1'i11u<; ,md"'l IOIVcr l!ll; nlll.rk"tJnl:.
till1""lllldi'::al~ ,~p~dlIC il,>.:ll)$ and Ihdr ~'ilim,i!L,d -":llSI:l to cur.:,
$ 25,000.00
$5.000.00
55,000,00
S 2,500.00
S 3,500.00
$2,000.00
S500.00
$,r3.:'OO,OO
TOTALR&J $47,500.00
{Ad~ /hfil Tor.1 !n(f~tiOl $ and Toral EE~f(.:rior$J
I-':'~tlmatc tho: contributory "lIlu~ (if all)') f.lfln.;; TOT i\L- R& I 10 the M,~~( Uk.dy SU!<I$ Prir:t!..
"'(;11:; '/'1Ie UP01Jl: I'!cllnJtJr~nd<:d I?'i:/ ilt!m.' tt'i.J nmx ~-J1<IItt.l IJ,' wrrl,.d vwr tv JIK MAHKl:-.TING STRATI~(j-y
Jr!!!hMfimn
Intcrinr ItO:lni
Rcp'~cf,l: Kit.::h(.\'f} &: I:S:Hh~
Iteplaet Furllace, HW Htl'.. CIA
~.~P~~~~ fl~:ltI,dng-Nat Hardwf.llld
Rcplact lnrcrlof' D(lors
Rcp:linllntt'rior
RcpluCI: l,i~hl Fi:t.tLt..(:~. El....
Rcplsl:t' Air Diffusers
R&IJ::stilnntts
[ltttrlflrl[cms
I~,epainl lri,m
Replacelightfil>tures
In::l~1I Walim..~ to FrOJnt Door
R&I E~tim:atcs
S 1,500.00
S 500.00
S 2.000.00
Tarallnterior:
Tat:dE:l.tClrior:
$ 4.000.00
1111I/
~q,ef2,,:~'~Jt.
VAI.lIE tlN..I,"I',')IS ,\c::'~r'(),.\'''1/ p::-..:,t!
LiSL all required ~nd .:tL~tolT1ury iIISpe.;tkl1l:-> (.::,,g., m\.1I11cipal. '::~I'1.ificat<: ofoccupat'l.cy. .:n"jmlnClllal. clc,)
Rc;;quired: WUOJd Pt:'>'tra}'in~ lns~ct
Cu....temary: \Vaou I)cstr-a,yinl;: Illse;:t; Whole Honse: Radon
Are th=r~ l10y visibl.:!kn(l\'dl problc.:m arc.:as which wl)uld Yt:lIT!Jm t!(ldilicmJ11 inspc:.:tion:; {e,g.. SU1J,;t111'al. C:lA:.)'.'
Due t<I furmu:!! bcinr. n:ma'VI.'<I, S[llluS of hea[JI1~ & nir conditioning sy:;tem Is ulllmown. as well A~ (he: cunditioll Urlhe
I'!umbjns srstem. ~leClric sen-ke appellrs to be fUfldlon:.illIut inSllcction is rl:l:omlJlc;;ndcd,
List l'l:.''tuil'cd dIRcl..:lsur..:.: if an)', Any l;omplc[.:d i,nspec:tjon~ onesls thalllnv~ been performed shauld haVe: thf.l r~,mITs made
nl'liilllllll: tu pOlcntbl f'urchastt~. ". . ,.
,<)UbjCCL'~I"c"11""111 t)oll" 'l 1I1'111111 Ii': Suburh:1II
Matl.:a Arl;ul'riec R,m~c' $ l20,OOll.tw 10 S :!OO,(lOII.UlI
M~j,;ctil,grjm<1.{lisIWl:<:IIUrllc!)' jXIUPLO 12ndl1Ys I I 1:!1.IRlldll)";
NUl\,tocr r.t' cr(l~cd c(JRlf'",.>!bl" :I"I~", In muk~I.a(l:l~ in the 1:I~1 Sl:< Ill"nlh~' 41:1
Numb"l "t' Clllllpclill~ li,(it1~~ 11\ Slll~icCL" f'nc..: lan<:e: --18
AV;lll:oblihLy >If ;LJJI(Il~L:II~ 11~lill~' I :::h(>rtIl~C I X I In blllllllCC (l\'~r~upply
'j rP"- <,I' ~"n'p>::\I!'>g li~III1~~ tC:.linu'lI"'ll lulitl .11..."ld = 1 OtJ%l: 1.'.01l% Ne...... hllme.~ HJ.OO % Ro:.lalc;; ';.o"K~;t ~1J'tlr"..:ILl~r"
lJc~uibc:: lln}' marlcellnr: ';<.lI""'d$kll1.viIlCl:'l1i~l:) hcillS otl<:iCd \'0 fOUmpcTillg pr"pertic~ IIl;:)'l m:ty Jd~'eN"t)' ~ni::cl U'e ~ul'!i~~l',' "lIll.",
No ~p<<ilic c:on~e~,1j(l",.linl:Cnli...c.~ Itl'c lisl~L11Jul .~..."rH~ .l>r" inditutjllJ,: flwl..,l!...r lISS1St>IIll:' i~ lI\'ull;(blt"
! DI)t<'lllt~uburbit,
)'I'''Jl~n:y 'ViI.U<:.'; ~r=-;
'.1 "",.,,1
Im:r.:...il>!!
'I fllrm
Xl Slltblc
I RCS(lrt
I [)"linull;
1 1
O".:riSl)days
%L\II'I',,'raL<
1~"",,J,n"'\cll.J ,'''~ mu"I:"I"'~( C"l1c<,;,;"",~I'"C"I\li">I~ lll:n "11"")..1 h.:: .,1\:'""".1 fur '"" M'!'>jo:.::\, II ~,,14 "AS r~" ",...",Ii.;"" n..n.. ~b"",
l\f Initial jislin\:. HO"'<\<cJ" if (lulcIllilll ptlrt:hllscr 1O!","'b ':OIlV. Rdlah Mortgngc. ,.t)IIl<.' ~1'lh r ;I!OSi~tIUl~I' b I'M..ible.
!'''!ll: I uf.l C"I:~r'UIIlI"l1pl")e.: I<.d'l"'~lklll C:')lln~,11l)9n
I
If
EXHIBIT
/f
c
fl~gj,"U!J'eD tN/;'/"
David \Ve3ver
Sent by: SOVEREIGN BANK
810 736 1525j <
02/14/01 3:33PMjJetIax #917jPage~ 4/6
E.RC Broker's Market A.nnl sis and Strate :v Re on
. For ull PWP<;:I1J<;:S in bmh grids bc.:!(lw, n:pOl'[ vCI'it'i~b~1l faL:1S and tigtlro::; starting wilh "l~ro:f.ill'llt:r 1(1 Sullj~.:t" t1lrough ''Type: 11e:'ILl\1i System,"
. FrlJll1 ~L\,IC..lioll" lhruugh "[m, (;ooclilloJ\'s ^ppll~l." rate <:<lch il<::llI uS "Coou," "Avg.." or "Fair." in compariSl11l to ge:nc:m! market cOmpctilJnll.
. lhte ~ach Clllllpclillg Ii$tilq; I,)r cl>mp,mlble $uk m tlll: subject by iltdk:~lil1g. 'Plus" {more: tlII'Or<lblc: thl:ll\ sUb,lect), "EqulI.l" ("imil1If lu subject), ur "Minus'
(less tb....lrahl.e than sllbjecL) in tho: O..<mdJ RUllllg at tile cnd l.lf each grid, Note: Dollar adjuslmEnls are specincall~ not fequElSli:d In lhe ['NO grids belew,
[rEM StJU.lEC'T" ,histiP,g 111 "I.isting ~2 I l.i~ti.nS ti :'I
~~Id~d 91D~~ ~~~~-~ r~~~
Ad~,eu, City jC:"mp Hill Cltmp HIli CBmp I-llU Mtctlallicsburg
PrOXlrTulyto Subj~ct ,1 Mile 3 MIles 4 Miles
Ori!linalLlstPnct 516lJ,0CI0,00 5161.000,00' 5174,900.00
CwenCListPnce $164,900,00 S148,o00,00 5159,900.00
,Lnjf'ri~Cftllll<;lf.(d~I/:) i11fl9f2001 tZ!28IZfJOrl' 01/0512001
DllYI.on.markel:
(framonginlllhlitd:alil)
's~i", ". . . COloniill,Traclllienal Colcnllol-T/'iIditioolll Cclonioll.TradillQnlil COIClSliul,Tr.jldlticn~1
C3rStOr.llleiTypt: Attactle-a 2 Builtin 2 Attaclled Attllchcd
APll'cxlfl'Ialoi: All~ HI 16 30 ~5
~S~ ~~ M~~ ~9~N ~~~
Allj)T..Grolili Liltlrlll A.r.ea 2l412Sq, Ft 2.190 S," Fl, 2.00~sq, Fl ' 3,29&S!:l, Ft
AColleGradl!: Room CO<lf'J' TOI, a Brms,-4 Billl1~ 2.5 :Tet ao BffT1S,4 slilhi"":z.s Tot Brms," Sams 2,:5 . Tet S Brm~,4 a,llhs. 2,5
B&semetltAfelI P4lrtilll Finh.h.-.d UnfillfGhed Partial Fln!~hGd Unfinished
Basement Finished 25''':' . Rae Room Nene 50% . Rec Room Nona
Dec:KIPl:Ilio COltcrod Pollio Patio Pi!lllo Pltio
P'~I1S:~ NOM None Nona None
TWeAlrCondLClQnlns CenlrlSl COlntral Celltral CClnlfill
Type HelJlin S",sl~rn GIIS Forced Air Gu,," FOfCGd Air 011 eSHW Sloe. Hll;lt Pump
Locallctl :~.~~: GOlOld l~...: "'~g ~..iF;Jlr 'I., Good ,..l5... .Av~ Fillr Uij Good 1-' A~, L, 1 Fe;, ~ Good Avg, L Fair
l.elCnarK~rl51lcs j~.J Geoc ~ A#g ~JF.ur I. I GOOll 1: A'<1J LJF.1If ,U Good ~ Avg, LjFa.r l~.1 Good L_ AIt!J LF<<l~
\ll~ j:..J Gooo L~ A#ij :"JFlllr lJ Gool.i~: AY!j IjFa.r ,l!] Go.:.::ll_ A'rIg LJFmf ~ Good 1 ...vg 1_,~Fa'r
.FroorP!.:mUtilit'( :L~j Geod U ..\vg F,!Ilr U Good].! A#g ['IFalr ix.J Geca !_.. AltiO l...lFOlir I~ Good ~~_ Av::; I' JF~l'
.E:,x:,Cen~ilion's~~e.1 ilJ Gooa LJ AY\I ;xtFarr ~ Goad ~j Avg L.JF;jIir iL~i GoOd' """9 l IF,;lr II~, Goo~ ,_j Av!;O ~_ ]F~ur
Im,Corn:litiQf1'sAppeal :1 i GOOll;,.J Ay; ;~lF.3ir :L~J Goo:s ~...J AltO ~,":F~ir II~: Good ""Its L,_fsir i! GOOll .~j -'ltO ...JF~I1'
DVw;l!Ral1~ofLI\;1I~p-"illSComp3tlltll0SLlbjecl !l~,: PiuS; ; Equai ~Mlnu~ 1)1- PluS ._' Equal L,Mmlls llt Ph.!s "J EqlJal )MinU$
llt\l'.','ibl." ,tigfllfi"ltl/t vtrlu.,.(e{u!i!ll J!lj~r,'rll'o!s bdH"'!I::'1 !;,,, ,~u/?)i!~'t _rnti th<! t'Wl1filffiflg tistir1K~' (in(,.'/~~fing <,'(Jt1ditl(m. ItJt'tr,itUt. l.1{Jpel(l, "fll~nif!i:J'
t1e-Ji:rrcd "1(?i,lSe"'t',~.;;, ,,!i!i~'y, ~h,w. mad..:! ":'J/1drlmn~ ami 'Ury~-ml.mc.:";,d) "''IIi ..,l"p/ojlT wly sdi.:rjill:JtU/tl,':f, du::ol,nt painh, (/Mi!rwother'
t'Ofl~t:)'~'jl>/l... bifiJ1g (JJfe,.~d~ ,l!~'(). fndic(/{~ !flhe (Oflll1<'/t 0,. (lgl!M }1tI~ trl.\.p~rt.tllhe t'rmf{Jf!lifljJ li.\'IUlg~:i Ulterior.
!.istln~ 1-1 I: Jn~p':cl\ld'! Ix Yelo I Nll Comml:uts: Same Lic\'eltlpm<:nt: or~n floor plan: il1l1llacu]al<: c~mdili(ln; well
maillttuned; r<ldon s)'st<.:m; n.;w hot .....11,.;1' h.:at':l': nl} tirt!phu:e; pn)/'Ierty views e1':presswu)' from irl.lm; stone; lUld 'lluminutn eXI~ri.w
Listin~ #2: JnspcC"t.;d: :xl Ye~ I ; Ntl COlrlmC;llS; Cl.lm'peli~l1:: d~Yclopn1Cl1C i:Illd ~c.ltmlJ di~lrj,;t; ~~mi-rri~.:lle m~el; ';jtllc:t
rea; view of creek from front ~\(h{}m<l; dldC:l' hom;:; 11<1 tjfl:rl~ei SUIl rOom III rc:<\r; sumc rcl1lWt.tions ill pltlcCSS: 1,1;', y,
'ListinJ;'iO: lflsp~Cled'! xl 'Y<.:s : : N'l COl1lm~'llls~' Cmnp~li"~l\O:Yi:Il)plll;:1)1 <lI1d :.dlu~lJ dbLrlct: QUi;:;l ;w'<;:ll: tin:~l.dt:l;; ~lul
rOlllTt l{} rcar: gUl'UM-C hilS "Pll" tUld ~ork tlfC,,: need:> n.c (l)UlIlt "rid C'al'p,:C) bulllll fj),.lurc$, utilitieS:.sfe ill plnuc
lTEM SUUJI~CT Com a~"b1c Sllk #1 Com aral:lc: Salc=2
is Dee 'eld Road 201 Hurth Road OS AllotldalQ Way
Camp 1-<U1 'Camp Hill Camp HllI
'00
'"
'"
Ao'dfe~,Ci~
Com ~r<lbleSlll<;:#:3
3$48enyouLant:
NewCUfflb(lrland
'Pro.llmitylOSlJbj\H:l
_Oti~'i!"!21.~i~~ Pfie~
l'ma LislPnco!:
$.31.;$ Price
Ufl:!erCOfllfs;:rOalt
et~lngOlll..
Ot.Y3.c",mafKel
(Trorncrigin:lIII$II:!Stel
style COlonI4r.,.~a!tl(lnal Colonj~I'Tr..ditlCl1al Colonl"l,Tr<tditionlll
Cat Srcr'agC!ffypl; 2 Attacned Atta;:hllct Z Attllch"d
ApproxjfTl3le~e 1& 3S 30
!~~~, ~~ ~~ ,~~ro
AP,P" Gro:w LhI!nQA'e~ Z,4'~Sq, Fl. 2,141 S<:I Ft 2,066 Sr.l, Ff
Abo.c:Grad"tRoOtllCo:.:ltIt : Tel. Bl'm~4 s.alM 2.5 ,TOI a a'm:.,.3 a~th~ 2'.5 1TOl. 8 Brms.4 Baths. 2.5 '''ToI 8
80.1o:mtnl Are.'l Pal1ial Fin,sh<td Unflnlsh"d Partial Finlsood
6E1~emcnl f!nlsnliO 25% - Re'- Roo", Non.., 40%. Rc<; Room
DeCk/Palio CQIt'ered ?3tio Palla Patio
_ Poo!ISpa Non~ Non.: NOlle
T~":irCo~~ltionin~ CQnltal Central Cuntral
T~ HeSlin, SY~lelll G.-., Fotee~ Air 011 BS'I1W OJI 6BHW
Loe:aUon .._I Goo~ tX. A~'9, L..)Fai( l~1 Good A'~9 L..iF.3lC 1$.. GOo.:ll.J AI.-tl ..,IFair
LotCl'l&raelerj~u" ' ., Good Ix M>; r'lFalf ." GOOd X A'/Q "iFalr i; GOCClI . A~Q, . Falr
Vi/:.W G:>od" i'X ,11:;0. I~ )Fi:,r 1>( Good '! A~O, r-iFilir )i:': (';0;:''' '1 A~:;! [Fair Falf
FloorPlarl UlJ1lly X l;ood: A'9 ~f'll!r : GOOD X' A'I~ l'"lr X! Good r Avg, I Fair xi ' ') F~;r
Ext Condk,on'$ Appa.olt Good ' . I A~g, )( F<Uf X Good 'A'19 Fair X Goc", A,,\!. I Fair II X [ Good ' Fair
1n1.Col'll:liilon'..ApPllal GoOd Ayg XIF;9.1r Gooc X~ A'Ig, F.l! X GOOd I 1>."9 :Falf r Goo~ X .. Fllir
Overall Rllnnr; oIl.i~tinQs a~ Compared 10 5<.iOJeCl X Plu-' Equal MinLJ~, X PlU3 ~'~. E.qual Minus -X PIU& E.qual. Mm~5
D~..~CI';htf J,iglf~fa.',uu II4fill~,"t:'!"b:d dill::,.c,,~r;~ 0('''''''''<'11111,> ~'Irbjr:ct lllltJ /h~pe"di'lglcl(Jit:d ~(/Ie;) (mdutlfng Nmdirirm, locmiofl. ap~al. eltflefll'tu:s,
d,,-ftrred m(Jfl1len(m~'Il, Illi/itJl. ~'b:\Ji, l1lar~rl'Qn(/ition~' and daJ'~'.()n'tJ'l(J/'!{er) am! tlXplaf!i tmy st:llerjitl(JilCMg, rJl~"'mlflt pt.jflb', ~lrldl(Jr (llh,11"
(;:JnL'<!,~si'lr~~ wllid, w"n' pmtl -,II.W/, imlt".m- if fh.lflYuIlUl'lllf <l,Sll:/lllrw: l'UjJltdi!d 11,.: ,wllfJwublr: l'Urc.~' i'lf~rim-
S"lc 111: Jnsp,,:cb:I.1'! X: Y C~ f\\f t\lmmel1l~, ~l\1l1"-: d":\I.:Jopm..:nt: ~mllrh:I' .1Ild ot~kr nonl":: unc r;::~-:; <.:il.r gi11'i1~';:
JircplClce:, Imlin lc:vel dell: limile:J l'e,U' );ll'CJ: Ur~l11ll:d l.:it.;hr:l\, l'cm,fdeoleJ III<,:sl.:r h~lh: hardwllllJ rl.l{)fs; maln !!:...~'llaulldl)';' \\'Ty
Sui.; #-2; In::po;~'lo:d'? Ix: Yc:~: Nv ComlTl..nL~: Sam;: de\lelvpm;:nl: .If.:~ I;stim~leJ; Jire:plhcl:; upd:Jletl kjtch~n. with
,. ,l,lilC C,o~~t':l'';; ~latc tby~'r nOtli'; c'-1'"mic Lile b:t1hs: h~II'dwo(Jd tl\lors in hedmom; 340 Sq, rt. Still fOllm; $I,DOO pllint 1I.IIow
~llll:.~.l: Insfl~..,tr:d'! jx, Yo;.:; ,N,} C,lll1m':l11,;' ~'mnPdin~d..:....dupm<::nli ~mi; ~h",)l <Ii~,[rkt. Ill:"""::!' hlllllc: nank OWJ1<:d:
lill.~ 1m: Iii\.'<: III (;jJllll" l'll"IIl, W<11I>.LlUL l)/!~'IIIClll: bud, & ~'lu.,.Il:''''Il;riLlr "lllill1c:I'lul
1'1I1l",1 OIlJ (:'lJlyri;;:bl I':'\\plo~;:e Rclo.::citiull COtUl.::i1 I 'Nt:
R~giscer.;d uscr; Da vi d 'J\I ea vel'
,ZM'lIc ,2MlI. 3 Mil"::;
5156,901,00 S184,900,OO f $194,900,00
S'14S;900,OO $118,100.00 s 16~,OOO,OO
5142:.500,00 $176.000.00 $160,000,00
12107/2000 1OJ03/2000 01/0112001
01126/21001 1OJ31/2000 01130/2001
" " '"
,
Colonlal.TradltJonal
AtuicOtd
S
,21 Acra
1.974Sq, Ft.
Srms 4 eath~ 2.$"
UnfiniShed
None
Doek
Jo,Ione
Cemral
Gll,ForeedAlr
)(:..11111')(,
I: FclfnhPhl!l VII 1I1-'20!l(J
Sent by: SOVEREIGN BANK
C"I'l'J\\.:nl ('ll signilkulll l';,:atureS ,1ft!).: :;ubj":CL'::o ~1\l~l\ltk~ und thl~lr plftll!de~ign (iI[,f"~,,l. tlL,...... funcliulI..iJty. ..:tc) :md dc:s....rih.: l:l1)1I P\lsili"~!lll:g<\Li".o:
mtIUt."lI<''l;-atlmarI.:C{.1t1il1l}'. vim),. DI,," h h'D1C.;IJ (<)or tr;1dilinnbJ 2 9tory hj)mi' of rbi,~ $ju nnil for d't\'clnnmellt and nuu'j,et Hr~lI. l'lIe ~Ul1iel:t'$
htl!~eSI armel'll would b.. it~ I'Inlenti,,1. PQTentillll\urchllScr~ must bt- i\dvised UP front on the ("onditiun of the nllme nnd l'houfd not ~XflCCr to Find
Ib"r Just ,"ollffietil: worl, is ncCde:d, Pllrcll11.~er sh(lUld be ahle to see (hI: possibilities this home h;\s Ifl n~Tef. Lot i!'; sOlTu..wh~t slc)I)inp. !lnd ~l]j ""ell
suited for many putdonr SUfllotnel' ~eti"ities. In lu:tdition. th... e!OreSSWav is within siehl :and Iludal! dlstnnce froll1 tlie suhlet., :ami the nOlSI: level
;$ "cr\' hiv.h outsid", the IlI'ODerh.
Cumm..::nlUIl Ol.lly othc:rk3It)Il,'n i(l;!T\~ (<:,1:.. real ~st<\lc '\<IJo:C"" sp=~'ial a~lI.~:-~m':lIt", HOA.lCondomlllilll1'11CO(JpCT:J.li....: tb::~(.jr r':-l;uic.tiof1~, future l'latll
. dl,)sin~s. envirunm<:l1l11.! hll:-.~rd~, c.tC, I whkh n111) a.t!ccllh.: lll;:.rk..:tin~ Jnd t.""cnMll selling pri.::e o(rh= $lllljc.ct PWptlr'ty and that an: not ~l1tioncd
- in :.ul} \.lthc:r s<.:.:\i.m lll' I~\i~ Illrm, Tb~ m:u'kel j, rel:uivelv stab(\! It! Ihis lime with the rj,,,ccll~t of the Slabilih' fo continue. lnte......"! rnt~s h!l\'~
- also slHblli7.ad ....irll '" (",r"c'l"r rh<i!\I mAY be'!' ll'l..'c:red w;t/witllhe'!' l1e:lr furure 1+-hieJr fhould br;nl? an ir/cr<,:ue in the-OV(lI'HJJ mnrkC'!".
Thl~ ..epol'[ is nt\( :In :lppnllslll or hMne lnspr.:ctiOll. "Ill!; pur~l~e I.'Jf Ihis rc:port is kl \,lh-l.;lill inl'ornla.ticlll ,md lhe: CI):1lm:I'.Ja~..:nt pr~f1ar~r',;
uplnion:.: thill :;upplJrt all c:s\imal~ oIth\:: Most l.ikc:ly SalL:s I>riec: and M,':ill.ll.el)' Netl'ri.;;c:. Thi::. will be: a,"nie"~d b~ .x'll:.,d~'l'in~ tht: pwp<:ny hmh
"As Is" and ~Wllh R~pairs :mclllnpru\'efMnLs," assuming \'ca;mnltblc murketlllt',limc. nllt [tl ":IIOL:<::;d 1:20 I.b)'~, I (,ndicul=d illlh..: FINANCING.
SL'BJEel CONDrrION. :.tnd :v1ARK!\TI\I(i STRATf:CiY ~c":lit)r1s, t1~s\lm~tlml1hc ~cll~rwil1 pay fltllntsl~('tIH:Css.ioo:.,
Oefinition ofth~ (Wnsl fikcl~' SuIt:> Prict (MLSPI: TIll: 111:t!.<J.riul~d ...alllO: agreed [u b~' buth buyr.-r find "dl..:,.;,Jn tho: (jtkr.l(I'ptlr.;II(l.~C
\lI\llUItCt r\::l1c:clJng rc;~l1Illl.ble lnark!:linj; time,not 11;1 U:ec\!d 120 d:l)s, (mltrkelUmc mcu~urc:c1lrom the date ofinspecliolt 11.1 (he dati.: of
I.'/.mtraa). The Ilcgmil'lh:d valu.: i:; eSI/maled: I::} ll) "As /:;" !:lllldilitJon Md,
b) "Wilh RC-pll.i(s &.lnlpro\l":lTIenls," which in.;:lutle:;lhe 1.:llntribuLory value ofrc:ccnnmcnued
ter<:Uf"$<Il\dinlpr(lvcmcl\~asindio.;aICd(lnpil.s.c 1.
Definition Qf Fln:\ntlng Cllnc:csiion~: Rccomm':l1cl=c1 or r.:qllired 1ll"rgllgc-r<:l<lled point;; and cll.lsillg C\HIS pl:liJ b) tl1,,; seller. (~~<::
t-:lN.<\l\:UNG ~cctioL'l tin pag~ I.)
Definition ofM:lrk~ting COIlc:e:ssions({ncentiws: The \;\1:;! oJ'rccr.llnm.:lldtd C(lrtc~'S~jr.lllSlilTo;.'\:mi"'cl\ {ll<1n.limllll,.:illg It:lalc:Jl. r(jr >:l\t\mpltl:
hlJm~ warrant)', ~.:llil1g :'I\?ent bonus, ~IC, (S.:e r~c:-ornmc:nd:'lIion:> in MAI~KE'r ;\RI'.r\ und. MARK~T1N{i :-:;TRAT!':GY s<::l:lllln".)
Dt!nl1irlcm of the MllSC Li~e'y Net Pricl:: 'J'h.: /leI '\'Ji!lIr: 411"1' dedllClillg ilIllj~'Ip;l'I..,j .:xpcn~~, WhCH ilrpliCtlbh;, I;-m)) rhl.' ~ll.~' Uk,:)}' S...l~.~
Price. "A~ Is" lln,! "Wllh r':'~pl1lrs UIIU lmpn.we1l1C.'llll:.. 'rb.;",,: anlklll:IIC.'.:l "xpo;::n:;c:, a.rc limited ~p..:ciJI,:u]l:: to:
. L01",1 eMt or'rC:":lll\llnCLll;led re:f'ldtrs& IrnJll'llVemo;::"t~ (R&:,[) us indlc<\leU till pag.: I.
. fillancing o.;onccs~i('n:;, ,.nd
. marlo:cling <':Ol1~'essi,;Jls'-inc:-en(i~c';
VALUE ANALYSIS ! "AS IS" "WITH REPAIRS & IMPRoveMENTS"
I (....., Ii" I n\lIl1,bllh,r~ V.\l"", ;I~ il~li~J!td "IIIM~~ I)
Most LiJ.efy Sales Pri"e (MI.SP)
(nmrkO:ling lime nllt 10 ;':."L:>e..:d 120 days) I S 120,OOO.IlG I S 175,{)OO,OO
C:\)~t IJfl~l:r:.i.L'$& Impl'<I\o..:mellb (:-iubtrul,;.:) S47,500,OO
l-'inaneillf Cances:,dlll1S (Subtr~o..l I:
Msrk':lln-u. Cullee$skms/lnc:-....ntl\>CS {S.ubmlC:-l) I'
MGst Llkel\' Nel Prkc , $1211,000.00 $ 127.500.011
Suggested Initi<ll.l Liseing Prices: :5129,900.00(AS Is) :s 179.900.00(wl(h R&I}
Othe... than the custOnllll")' listing prllcedur~ (c.2', sublhitting to MLS. l."tc.), describe your tompl"'t... lnArkt:till& strlltejl'r' ,om! theacti('n~
hi be tal,en in [lu. fir,;[ 30 cllt)'s of the Ii$lin{:; periud. C',ugeting tILe likely bUYCl", Tlli.>: SlfULc:S.y sllcmld ret~l'to tlllJ inclu,jl: <iN!;l (In p~<;s ].3.
indudillg any ~pc.,;i;:,ll1nllllt.:blg., :<cller o.;nnt;~':iSkll\,'i. pricint~ ~trll.t~gy, effc:.:t:, llt'plJSili....e 4/ld n=~uli~c li:,mlre~ nfthe propt:11~ <lr il~ l<l~lI[i{>n,
anti eC<lllomir.: ..lid S~II~On;!1 tl''':llds thai may affeCt ell..: subjc:cl's value, Descdbc:: yOUt opiniol1 (If lnal'keLinJ: eith.:r" As Is" ,If
"With ReplIin & 11l1prO'locments ," 1''':[~lling ':MI\,lrrepflir~ ll.nd illlrl'cwc:-mc:r1l~....l Ctln!ribulnry \>i:ltu(: 11:> .......:11 as c:U~CI (Ill lOwl marketing time it'
rtlpniJ's llll~ JmpnwcJl)t:JIJj ure IJlI! ;;ompJo:ted <1.1> rcc~lJlll\}.:ndetl AluJ:h 1m /}d'-!cll.:JlJJl) if tn'))'.: .>pl;~'~' h: l1..:",dcr.llll rfC~~n! it ~'lllllrh:rc m::tr).:C.'r;n.>; :;!I'<Ifl!gy,
III iu preSeJlt ~()ndili(lll. at initifllllstlng, the lUe:,'S in",'estors will be conlllct.cd throu&h UH:i!' agents infurming them <If chI.' prtJpCl"pty ;lntl the
i:rCo1r patl:ntilll rhllt Il'ti~cs, Aba. 1I11 Open UO(lse dould tte immediate!}' Sclll::duled ror IllI potential pu,'ch"sers to pr~'\'iew the prnpert)' !In"
di~<:ltss the po!.~ibilitie~ not only ill rebllbin~ but also the I1nal1cing tll:H mll)' be .wail;llt]e. Seller should advise it'tllcy l$rc otJerinc. ~ny special
fiTl~ncing for Ihi~ home. tile property sbouJd be listl."t "AS IS" u'/Ill bids ;t.\'!lilnble fur the 'r'arilll:s rep1Jirs :tAd illJpl"t)"'~me-nt51or I.Uft"b.lt.licrs Ul
re\ii~w. l1' at:1l..l1 flO';~ibli:. lhe (Urnilc,: .should be repl-3ccd :lnd tJu~ Wlle.:r lines $hould be inspected for dllmaJ;:C: llnd lealdng. Doing this will
elimimlle same (:\'\llCI.'I'n purchaSl.'r~ mll)' havo. If the pl'(\p~rly halO not sold an..., 45 d:I)') 01' Iniciallisting in ""s IS" c:undition, th<:n the m:;rkct
should bl.: evahmtl.'d M to <:umplering the :>:lJggcsted rep<\irs and Improvelnenrs IInd what the ffiltrltcl will bear ll.~ far 3S the ~ate prke,
Advertising shotlld .~tre:ss th.... potential and when tile work is tOmpl<:lcd you will virtually hl\)>e II nllw inlerior. Tlul property will be clc:nned IU
eliminate the remnllnts ofthc pre\-.jou~ 11Iortga.:er. The prof'ledy will be Ilgl'essivcly ndverti.$.;d in allloc:nt mt-.din ~lnd will ~b(l be n....llilllble on
lloward "anna's lIwlIrd winniu{!: w~b site.
lfllle puq'l():>o.: Ulthis rcp.m is t~\f homc--marketing l:I:Os:i::-tll11C"::
US! anl1 ~Sthl1itlc: 1h..: Cll:;l (If addil itlll1il Repair,; &. lmpruvt::mcnls r...'Cl.>ll1nle:ud<.:.:.ll<.l mUl'j..:t the pfOp.:rt). n.t'torltiSV:lcaUcl (rM":);.l.\mpl~,
n<:Ulrllli~o.:: ..ll~t\lm d.:~tlr.l'atd1 ilUUllilinl w...U$, r.:1..:.1,
Fil<.!:-li: Rcai li~l~l.: Flflll: Heward H.ann~ D=1\\o-cil~r Relllly
RC"<t1 E::...~l<: Firm 'I'll>;: In 1J: J3-203=l-974) Dat":llflll~Jlc:cti(lll: 02/0612001
Cu/ltl\o:tN1I;n\,,: TI;i,r1, WrYW~O~IJl"~ Jlirll'!tJ,lr ;'Scllll''''p~,r,;( Nllrr",; i:C~ ""'~-'\ve.U
t:11ntactSi/t1l:\IUro:::: As:;cntPrl;f'l:Lr<.:I'Slgnuturc: . C ~
> ., r " ".
I ~g", (l J
R<l':!!"i:;rered lJ$~r:
610 736 1525j'
02/14/01 3:34PMjJedax #917jpage' 5/6
ERe Broker's Market Analysis and Strategy Report
C'lP~l,..ht '~mpll'.l'ce 1l....w~IlJl.'n '-"Il!}",I J 9~[,
I~<::" 12;1/%
J:.I'orrmj>hl''v! t li1120<lll
David Weaver
Sent by: SOVEREIGN BANK
o2lorfS19. J<i.2JJalf'~eJ.:13.aRr81
KCv. g.Z.OO 1e'37R/"1
.3J08
6107361525'-
BUl'fJU(u Q..tW'.'4 "
02114J01
:3:35PMjJetfax #917;page" 6J6
NO.:>::::II;I "...__
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VACANT pR.OPERlY INSPECTION
tn!;T1QC~rl ey. P,"'V~,9:."~"_' ~~~Y~If.,... "..,:w,,' .....~- ..~n ~r-~' . o~~~.. ""So.;;re1~"it R B'a~"'" .,~=::::~:~~::::::
Firm N;un~ .'ij.P.Y~:r..Q".l\~;)ln!-..Jl~.~~~,,~b,~:r...,t,.;~,~....;,y'.~. adllnlS':~ '''':S~''f:;'~~~~~;.:A:;~f!:q,~" ,.._""_.,_,,
A~'I!!t 331C1 t'~r.:k.e1; S:c.re-e1:. ., ,,~..l'- ..-....."...,. , "'"
. I ~-,,~. -...... ......~'..),...l. . --~A- ......-., :;'i5l1~~';;.'l'ij','....m. Clly,Sll)l,71p: ...:Sll>..~,nz._~.e..",.......1g=--......-............_-,-
Cilf St..u~", .c...~;e.... .............-;............."',".."....'''..."....,,.....-...- ...e<to:fVQ~n~~tlt Vac."t~. of 2-5-,001 . ..._..
'flnOTli Number. t. ~.qQ .... ..1.R.2;:;.?!:>,~.~~ ......., " ,~, . "",,,,,,,,,'''..R'. -,^c1IJa1 \f;dlg D$: ~"Va;II.n.j:." a~ '~f' ~i:':S::2aOr" .,,~::~ ""~"
tlalaln!lpeettd: .:t..;li'..,;.~n.Y.._.9.,.....J..QJ~L_.....,...'fw_,.~<O:_~~_._ bmit;:""'"-"~j~;1;~~;;-~~'"~~~t.d~.
INSTfUJCT70NS: Ple.:JSe imipecr pttJptJ'o/Wllhl('l24 hour.; cf lIa::8Je Ii.SIe'8!Jd ~v r5 ''''.7''" .
GE ERA-LeOND! ON, M Si mWat",S._~.1 nVe< IITlNo
..........~lCZ'ndl( Q 12': fair CO'n:1ir.1cm, and bU-q'e;.Y.G t;,SL.:g,~...9...t,.,!-I~c;.:c:1,ll;A\,j,.tX-e.Qu.1;\d.,.._.~'!.b.a."f.D..l.ltt1i1
u"""... Ion "';1(;F...p..~~,;y.."... .._..,~......~........I.'.....,.~.~.."........"'I."..,~,"r-..." . ..,.... ",' 1.\ &. ' 1....1; a. 'IlA..t.it
it: 50 have bee.'" ....eCl.Qved: J:.i:;o:hatl; c:;abina.t:S:. all ;i.~te.l:'.10r ,rl~t?r6. .~..!:?-_1;~~,,,. .. ..~~,t.~~t._P,..... q. -
"..,}~'$,.,~........ .,m..".,t.,..J!:..."". ,....-......._...",."".,....~.. ..._"~'"..~'" ' '1;" ".. ~:~d1f.ftus(!l:c$. ce-&-l1us ;)..;shJi .t~.t.I.U'.M_.."m,'...ll:
t9~t:J....~~,:?RV-\;':f?~,~.~.......9,1+.:r.,-p.~,,;..~):)S,~.~:t.~ns..'itJ-~~~!::ni;I.S;:s.jo,..~~R..r.._X~.~~_..,.'_"..'R'..'~... ~..,_.._- ,~..... "
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, '~ ........
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Inte:TlcrfeJCQrtl!>rJlants ""orkfl"l~ ~:U!:r~e~ l},e..,v:.e :bJ:llUl. .1;:~'llI9:v.;iA...,.. "_'~ ......,.... . ..,.,,_....,.....~...."M".."..... . .
;'.';\M,";'.-r'e"'."'T>.. ...-~..".~,.....~.,. '''''Y~'h' . ..... 'U'7 .-;--' o'~;~~r . .1!n.Q:s;_&._.ICB.,,:ac'Q.oy.al,_c:t:liAt:.ed...~.$~.N.ee.d/O.l;i
""...,......,'...........,1)..)'19,....;.........,-"......._..._...... ......... ...... ......"....,~.....~~......~ .- .....-......~ '4; t _"
Cam~~~acleani~1 A;ll C,"TP.~t.;i~ r~~ov:~q..~~~"~P.'!;.M~'R.;.~..,. o~..;....._~.._~~~I:. ,."",,,..<,_..,,,,,,,,,
TE.tri5il'r.~mqvaYrBg:tifr(;i?'" ..."..~..~~.,. " .. "'~C';';;ely' '-K1IirtRe~' d~b~~;1,~~r.t;.i!!.~.f..q,~~,1._,.."_.,."....,......,.._,......,',,...._..';""-"...
~~:!~E!i~fi~~:~e.~,6!,:~':~::.'~~'~":':~:~:.:.<:. .. .ipj};I!:iis~i:E.;,;,ei~~..f;i~:~:r:. .!.~.F....~t!:;i,~~~.~,!:~~;: ,,,C~U .~nR.t....~.~,!~), L
Oti'ler Comments: ....1.1. 2....qf....U.t..~gw:. ~,n,..:a-m.~?:gO.lll...:;~.. r.rQ.::Lt:'...$!fJ;g~'-..J,~ ,tI1:".S}~j;1:l&: _-;~.~.-1l~ ,k.~. ,kt~4:rcf.ed,~ .Q:n~, ~.'" .
.:if.~AA.Q:I.~::r_"r.~:;~~.~a.h~~i~,~..,,'''~~~p.':~.t~;,~~-\:'~,~.~~y{~S.f~r~'?{,~.M'*~;;~.+.~'~~~i~TQn~,f~~,;.gg...tg.~r;~,..<<n. ",.,.".".
l:XTERIOFl OF F'ROPEl'l'TV
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F.\o~r..'...._..._. ... . "_~'" <0\' , 1,~.1..:Z::., , ..."." e~{ied. ..~n,,}.;t~pe~.tj..9p._!ty. .y:gen.!= .t.-f~ fi{.l::Q,~n~...l'!.v~~ ..~i!JIJ.Y.~"R"".'"'' ...."
,.~!!P.I.,,~~~..._,........._............................. ,..._.!I!.I..~".,......".......... .......__.._.......,___....._..__._...._....,,___..____....."'......_... ,_....,......._...,..__....._.._............._."....,............
~~~lnJL.. _ .~..." .._. ,,~.,J.I.;i,.:r '~""""''' ~... y~:;;y,,,),i.~~;~~t,J;,~ ,_~lL;~~.~ _E.; 'Eb.. JPi p.~ ~",J!'!l9Y_.C=,.)r~.;,!tq,.t."'"... '" ",......" "..
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INTER.IOR OF PROPE;R'N
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S SlghatlJr. Oal. Coldwell Son.er $Ignat\l"' 0"'. -
P.r2:;;!
CERTIFICATE OF SERVICE
I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that Petition to Fix Fair
Market Value of Real Property was submitted for filing this date to the Prothonotary of
Cumberland County by first class mail and was served upon the Respondents by certified
mail, return receipt requested, at the following addresses:
Prothonotary, Cumberland County
One Courthouse Square
Carlisle, PA 17013-3397
Ms. Judy V. Windish
95 Deerfield Road
Camp Hill, PA 17011
Ms. Stacey M. Spahr
34 Park Drive
Dillsburg, PA 17019.
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In the Court of Common Pleas
pfCumqerlandC;opnty, PA
SOVEREIGN BANK, F.S.B.
Plaintiff/Petitioner
vs.
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JUDY V. WINDISH, as Mortgagor
and Real Owner, and STACEY M,
SPAHR, AS Real Owner,
DefendantsIRespondent,
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PETITION TO FIX FAIR MARKET
VALUE OFREAL PROPERTY
LAW OFFICES
PIOSA HIXSON & REILLY Pc.
ONE W\NOSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
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L.AwOFFICES
PIOSA HIXSON & REIL.L.Y P.C.
ONE: WINDSOR PLAZA., SUITE 101
7535 WINDsoR DRIVE
ALL.ENTOWN. PA 181915-1014
(610) 530-7!500
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BAt"JK, F.S.B.,
)
)
) NO. 2000-50-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
Plaintiff7Petitioner
vs.
JUDY V. WINDISH as Mortgagor and Real
Owner, and STACEY M. SPAHR, as Real
Owner,
Defendants/Respondents
AFFIDAVIT OF SERVICE
I, THOMAS A. CAPEHART, ESQUIRE, do hereby certifY that I am the attorney
for Sovereign Bank, F.S.B., the within Plaintiff7Petitioner, and that a true and correct
copy of Petition to Fix Fair Market Value of Real Property was served upon the
following individuals by U. S. Certified Mail, Return Receipt Requested, and addressed
as follows:
Judy V. Windish
95 Deerfield Road
Camp Hill, PA 17011
Stacey M. Spahr
34 Park Drive
Dillsburg,PA 17019.
The Return Receipt signed by Karen Spahr on behalf of Stacey M. Spahr on
April 27, 2001, is attached hereto. Also attached is the Track/Confirm slip from the
i..AWQFFICE:S
PrOSA HIXSON & REILLY P.C.
ONE WINOSOR PLAZA. SUITE 101
7535 WINOSOR DRIVE
ALLENTOWN. PA 18195.1014
(610) 530._7500
Camp Hill Post Office indicating that Judy Windish picked up the envelope at the Post
Office on May 4,2001 at 1:24 P.M, together with a copy of their signature slip showing
Judy Windish's signature.
---do~O
Thomas A. Cap art, Esquire
Dated: S- /~I
2
LAWOFFICE$
PIOSA HIXSON & REILLY P.C.
ONE WINOSOR Pt.AZA, SUITE 101
7535 WlNOSOR DRtVE
ALLENTOWN, PA 1811:15.1014
1610) :iaO-7!:iOO
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CJ Complete items 1 and/or 2 for additional services.
Complete items 3, 4a, and 4b.
CI Print your name and address on the reverse of this form so that we can return this I
card to you.
o Attach this form 10 the front o! Ihe mallpiece, or on the back it space does not
pelmit, .
CI Write 'Return Receipt Requested" on the mailpiece below the article number. .
o The Return Receipt will show \0 whom the article was delivered and the date
delivered.
8. Addressee's
fes is pa.id)
I also wish to receive the iollow-
ling services (ior an extra tee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
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PS Form 3811, December 1994
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Domestic Return Receipt
Direct Qu:ery - Intranet
Page 1 of!
~ UNlTEDS1llTES
LZJ POsTiRSERVICE
11A'I 1 \i \ltC'U
TracklConfirm - intra net Item inquiry ~ Domestic
Item: 7099 3400 0000 8573 9581
IDestinationllZip: 1700111City: CAMP HlLLIIState: PAl
IOri9in IZ,p: IICity: IIState: I
Event Date Time Location
DELIVERED 0510412001 13:24 CAMP HILL PA 17001
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Go to the Product Trackin9 System Home Palle.
http://trk.../DET AlLS?CAMEFROM=OK&strTrackNum=70993400000085739581 &intSuffix= 5/8/01
Direct Query - Intranet
Page 1 ofl
~ lINITEDSTi!TES
1.d:':::3 PDS12lLSERV1CE
MAY 10 \\t~1>
Track/Confirm - Intranet Item Inquiry
Item Number: 70993400 0000 8573 9581
This item was delivered on 05/04/2001 at 13:24.
IlllIIWry:seeaOll
Signature: ~. ~- ,
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5/8/01
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In the Court of Common Pleas
ofCmnbfr1~9iq C?F~,I~A ..'
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SOVEREIGN BANK, F.S.B.,
Plaintiff/Petitioner
Ys.
JUDY V. WINDISH as Mortgagor
and Real Owner, and STACEY M.
SPAHR, as Rent Owner,
Defendants/Respondent
AFFIDAVIT OF SERVICE
LAW OFFICES
PlOSA HIXSON & REILLY Pc.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 16)95-1014
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Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
PlaintifflPetitioner
)
)
) NO. 2000-50-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
)
vs.
JUDY V. WINDISH as Mortgagor and
Real Owner, and STACEY M. SPAHR,
as Real Owner, .
Defendants!
Respondents
ANSWER TO
PETITION TO FIX FAIR MARKET V ALOE OF REAL PROPERTY
AND NOW, Respondent/Defendant Stacey M. Spahr, by and through her counsel,
Michael S. Travis, answers Plaintiff's Petition to Fix Fair Market Value of Real Property,
pursuant to a Rule to Show Cause, Rule Returnable at a Hearing on June 13, 200 I.
I. Admitted on information and belief.
2. Denied. The premises were sold at Sheriff's Sale and are presently vacant to
answering respondent's knowledge.
3.
4.
Procedure.
Admitted.
No responsive pleading is required under the PelUlsylvania Rules of Civil
5.
Denied. Exhibit A speaks for itself.
6 - 9. Denied. Respondent Stacey Spahr is without information to admit or deny the
corresponding averments of the petition. Strict proof if demanded at trial.
10. Denied. Answering Respondent believes the property to be worth $144,000.00.
Exhibit C speaks for itself.
II. Denied. No answer is required under the PelUlsylvania Rules of Civil Procedure.
WHEREFORE, Respondent respectfully requests that this Honorable Court deny the
Order fIxing the fair market value ofthe property to be $120,000.00 less liens and costs of
$3,187.08 and that a defIciency is owed of$ll,275.24.
;ft~
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f~
~
..
NEW MATTER
First Affirmative Defense
12. Paragraphs 1 through 11 are incorporated herein by reference and made a part
hereof as if set forth in full.
13. Respondent Stacey M. Spahr was an owner only and not a mortgagor on the
property in question.
14. As the Petitioner avers that the property was sold at Sheriff's Sale, Respondent
Stacey Spahr no longer has an ownership interest in the property.
15. Respondent does not bear any obligation for deficiency if one is found to exist.
16. Respondent should be permitted to remove herself as a Defendant from the above
action.
WHEREFORE, Respondent Stacey Spahr prays this Honorable Court to remove herself
from the action as a Defendant and enter an Order finding no deficiency as to her as a real
property owner and grant counsel fees, costs and such other relief as the Court deems proper and
just.
Second Affmnative Defense
17. Paragraphs I through 16 are incorporated herein by reference and made a part
hereof as if set forth in full.
18. Petitioner's appraisal as set forth in Exhibit C of its petition states that repairs are
needed to the property before being made saleable.
19. When Respondent Stacey Spahr was last at the premises before sale, no repairs
were needed to the property.
20. Respondent Stacey Spahr has no knowledge or information regarding why repairs
are needed since she last lived in the property and should not be held accountable for any
deficiency as a result thereof.
W.dEREFORE, Respondent Stacey Spahr prays this Honorable Court to remove herself
from the action as a Defendant and enter an Order finding no deficiency as to her as a real
property owner and grant counsel fees, costs and such other relief as the Court deems proper and
just.
~
1 ~:"Travis
Supreme Court ill No. 77399
Attorney for Respondent Stacey Spahr
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
~' :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
vs.
)
)
) NO. 2000-S0-Civil
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
)
Plaintifti'Petitioner
JUDY V. WINDISH as Mortgagor and
Real Owner, and STACEY M. SPAHR,
as Real Owner,
Defendants/
Respondents
VERlFICATION
I verify that the statements made in this Answer and New Matter are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
DATED: 05'/21 fo f
. j
,. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
SOVEREIGN BANK, F.S.B.,
Plaintiff/Petitioner
)
)
) NO. 2000-50-CiviI
)
)
)
)
)
)
) MORTGAGE FORECLOSURE
)
)
vs.
JUDY V. WINDISH as Mortgagor and
Real Owner, and STACEY M. SPAHR,
as Real Owner,
Defendants!
Respondents
CERTffiICATEOFSERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person, addressed as
follows:
Thomas A. Capehart, Esquire
PIOSA HIXON & REILLY P.C.
One Windsor Plaza Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
JudyV. Windish
P.O. Box 781
Camp Hill, PA 17001
Dated: 5' 31-<) I
By"
i S. ravis
. ill No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
Attorney for Respondent Stacey M. Spahr
RED-OFFICE
OF TIlE mdTHONOTARY
o I JUN - 4 PH 3: '3
CUM8ERl.,AND COUNTY
PENNSYLVANIA
.
.
,
1
IN THE COURT OF COMMON PLEAS
OF cUMlJERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
-VB-
] NO. 2000-50-Civil
]
]
]
]
]
]
]
]
SOVEREIGN, BANK, F.S.B.
PlaintiffJPetitioner
-JUDY V. WINDISRas Mortgagor and
Real Owner and STACEY M. SPAHR, as
Real Owner,
DefendantsIRespondents
PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION
AND/OR TERMINATION
TO THE PROTHONOTARY OF:SAID COURT:
You are hereby authorized, empowered, and directed to enter, as indicated, the following on the
records thereof:
x
The within suit is Settled, Discontinued, Ended, and costs {laid.
The within suit is Settled, Discontinued, Ended ~ Prejudice and costs paid.
The within suit is Settled, Discontinued, Ended Without Prejudice and costs paid.
Satisfaction of the A ward in the within suit is acknowledged.
Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged.
Other.
Dated; June 8, 2001
WITNESS (if signer is other than
a registered attorney):
..~
S~zingpa
Thomas A. Capehart. Esauire
Type or print name of above signer
COST PAYMENT VERIFICATION
I zmderstand that theabov~ qcti91J cannot be filed and docketed Imtl! all costs have been "aid. includiniJ
sheriff's costs: and~herebv verifV that all costs have been "aid. I zmderstand that false statements herein are
made sub 'eet to the enalties 0 18 Pa.C.S. Sectio 904 relatin lmswo ~ l' . n-to orities.
I,..
FiLED-O~FICE
OF T~'~ O(1'TI,n',-noy
.J lC "I'J! ',U~\",Jlf"\Jl
01 JUN II pH 3:08
CUMBERlAND COUNTY
PENNSYLVANIA
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