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Home My WebLink About00-00367 '- ", ..1 . ~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 Two Penn Center Plaza - Suite 900 Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Keystone Financial Bank, N.A. s/ili To Farmers Trust Company 2270 Erin Court Lancaster, PA 17601 : Cumberland COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 2000-367-Civil John Etter 241 Barbary Drive Statesville, NC 28677 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor ofthe Plaintiff and against John Etter, Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 111100 to 3/10/00 $42,820.94 $654.50 TOTAL $43,475.44 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~k~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. , /J DATE: fYlS:lnrl. /] J..ooe> /4 fL.,)-:/;;;-..) k f~ I PRO PROTi& {/ **TIllS FIRM IS A DEBT COLLECI'OR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** ,., ,_2;'"1,,, , FEDERMAN AND PHELAN Frank F~derman, Esquire Identification No. 12248 Two Penn Center Plaza Suite 900 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF KEYSTONE FINANCIAL BANK, N.A., S/I/I TO FARMERS TRUST COMPANY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND COUNTY vs. NO. 2000-367 CIVIL JOHN N. ETTER Defendant(s) TO: JOHN N. ETTER 241 BARBARY DRIVE STATESVILLE, NC 28677 DATE OF NOTICE: FEBRUARY 28. 2000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act wi thin ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 r\\.t. CC?~ Frank Federman, Esquire Attorney for Plaintiff ,.... ,_c __~ ~. - I~;.' -,,~~'- .,. "",.i---" ',. - , ~C02 O~, 02; 00 WED n:.5 HX 810;190).]0; lL-\RI SCROCC, AFFIDAVIT OF SERVICE PLAI~;lff KEYSTm,E FINANCIAL BANK. N.)\. COu~TYClMB~~D COURT NO. 200C-367.C1ViL fILE]): 0' ,291:000 DEFE~Di\:-''T JOHN :-i. ETTER PROPERTY ADDRESS :tl3 A STREET C.\RLlSLE. P..\ 17013 S~RVI'. AT: 241 BARBARY DRJVE STATESVlLLE. NC 28671 TYPE Of ACnO~ XX .'\1orl:a:e foreelosure _ Eviclion .1QL Civi: Ae,ion _ CPL on PromjssoI)- Noie SERVED Servedalldmadeknownlo .TO];," FH-",,.. ,Defendantouthe 5 d.yof Feb 20OQ.~1 11 :450'c1ock,..1;!<1.,.t 741 1'\",,..h,,,..y C'l)of >;t"t."..vi' ,.. Commonwe.I!I, "f North Ca ro' ; na . in rhe """",e, des...rib.d belo,"" -X..- Det~cnda.'11 personally ~erved. Adult f~mily member .,jm whom Defendonr(,} le,ide{,). - R.elationship i.s . _ Adult in charee of Dd:odant's re,ideoe: who rdu,ed to g'vc name;reiatio",hip. _ Manager/Clerk of ,Iaeo of lodging in which Defendant(s) ro,ideC;). _ Agem or person in ch"rge ol'Det'endan,', office or usual ~Ia::e of business, ac office of said defoodaot company. - Ot.'1or. -.. 1, , a cOI\",p"tent adult, beIng duly sworn ac<:o'<:ling to law, depose and state that per50nally handed to a true and correct copy 0 f the _..' .... . issued in the captioned case on lbe date and lbe address indicated .",ve, Sworn to end s~}ted aef me thill day ~fOt~ ;~. ~,t 00 Ih;OT.r.:yrl",~~-r:h>:.6" j(,.;; tServed Defendant NOT FOUND ~e<:.1us~: I Moved _Unk.,ow, "LJ .~ '~eY 01 s ,2o(c). M o'clock _.M.. _No .wwer Vacant Othe,.: S\ltcrr: to and subscribe.::: Before me this _ day of., . ._____, 200._. ;\loury. PLEA.SE A. TTEMPT SEll VICE AT M-\lLll'C ADDRESS 01'11.". By: ATTO[U.;EY FOR PLAINTifF FRANK FEDERMA:--f. ESQUrRE-l.D. # 122*8 TWO PENN CENTER PLAZA - SUITE 900 PHlLADELPHlA. PA 19102 (215) 563-iOOO - __, 1"'.'0 , . ~ FEDERMAN and PHELAN By: F~FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 Attorney for Plaintiff Keystone Financial Bank, N.A. slili To Farmers Trnst Company : Cumberland COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-367-Civil John Etter Defendant(s) VERIFICATION OF NON-MILITARY SERVICE F~ FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) islare not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress ofl940, as amended (b) that defendant John Etter is over 18 years of age and resides at 241 Barbary Drive, Statesville, NC 28677. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~1~ F~FEDERMAN Attorney for Plaintiff ^ , ". L,., "",-" . (Rule of Civil Procedure No. 236 - Revised) Keystone Financial Bank, N.A. s/i/i To Farmers Trust Company : Cumberland COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 2000-367-Civil John Etter Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on March l ~ . 2000. . /[;/~k.~~ -ay 4n.- ~ ..P 7p~...'t..?r;;UTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESOUIRE Attorney for Filing Party SUITE 900 TWO PENN CENTER PLAZA PlillADELPHIA. PA 19102 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** .' Im""""~~lli1lQ~.!L ""'fl<~~--='''''' , ~d.Wl'"~- ""'" .. "~" - ", , .. g Q 0 ~ ~ r:> 00{(). " s: 0 'n ...0 -Ow 3C -=I ~ ~[D :0.. 1 ;0 ;r'""T1 0 Z(=' .l,~ f 0 C/).!> W -,?i'n ;:$/ ~nCJ ..c ~-~ Cj ,1 "S ~.::=.' " .--,0 lU )" -7-'l'j Z0 ::lI: R"1 j "'- V -0 ~,O :g P--- >c:: N C5f"i1 ~ Z g ~ =< N - ~ ~ -< ,[: ~ -....t" ( , I I i ._~. . .J. - .' i -- PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Keystone Financial Bank, N.A., stili to Farmers Trust Company Plaintiff, Cumberland County v. No. 2000-367 Civil John N. Etter Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $43.475.44 Interest from 3/1 0/00 - 9/6/00 $1.287.00 and Costs (per diem - $7.15) $44.762.44 TOTAL F KFE E TWO PENN C SUITE 900 PHILADELPHIA, PA 19102 Attorney for Plaintiff Note: Please attach description of property. No. . ,"- . , - .~. .- ('1... >- >Tj "e t::1z ~. ~ ~.., 0.. - " 0.. P.- ==: ,., ~~ " i"Ji"J '" ('1 ~('1 ~ '" ... .. '< j~ .... '" = .... ~g " 1;IlN,", ""1= ,., ....,1:0.= = ""1 ~ ;; " a)-ol..t='" t:;j~ >-:l '"0 '" = 1:1 ::1.0 ~ '" ""1 " .g 11Cl:;e 6 ~. ('10 ~ ~ ~ Z ~ I:l" '" 1:1 " .......... . ~~ 1:1 '" ~ 0""1 ,., =-a'tfj '" 1:1 '" < ~('1 tv 8 J> ~ ::l! ""1~ ~ '" .., (l. 0 Z.:! '" ::; .., d e:.. "'0 0 ~ i"J 0 ('1t:;j'" ~ 0 .... ~= ~-< ~ >- .... cr' N:!. 0'''''1 '" ('1~ "e~ ~ " '" 00< '" i"J = 1:1 i"JO '" ="'" 6F " ...... ~ ~ ~Z < ...... ~ 'ClZ " ~ . 1;Il"e p.. ('1 ~~ ~~ t::1 >-:l <> ... ~~ 0 Z >""1 , -- ~'T"~' " 411I1T:R: _ ~~_ ~~~ ,_ ~,;;;,-_~ ",~~~f~":;l!!"!'<"'f"<)!j;:'i,',,!;wl)f,"~~NI~~~'filtl;~1'W'~~~~'M~I!!!I!RjiIDi , ' , -~'~ ~ ~ ,~ ,>,.- .Ie . , - DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of "A" Street. at property line now or formerly of Ralph Shank; thence in an easterly direction on the northern line. of "A" Street, a distance of 28 fet:j: more or less, to a division wall of a 2 1/2 story double brick dwelling hOl.\se; thence in a northerly direction partly through the said division walla, dis!\1!1ce of 150 feet to the southern edge of a 16 foot wide alley; thence in a westerly direction along the said 16 foot wide alley, a distance of28 feet, more or less, to a point at the eastern boundary of the said Shank property; thencei:b. a southerly direction along the said Shank property, a distance of 150 feet to a point the place of BEGINNING. HAVING thereon erected one-half'of a 2 1/2 sto.ry double brick dwelling house and numbered as 333 "A" Street, Carlisle, Pennsylvania. TAX PARCEL #06-20-1798-128 TITLE TO SAID PREMISES IS VESTED IN John N. Etter, by Deed from Deborah L. Block, Executor of The Estate of Suzanne F. Hardy f/kJa Suzanne F. McKeehan, dated 6/7/95, recorded 6/7/95, in Deed Book 123, Page 231. ~,l!illl'hli~~_' "~l2<~,"" ,- (l;a~'Il>kMfli:!~I'M,"d;d:;";". , '!!l.IHIlI!!.uil~ ~,,-''!t-'''[1ii~ -~ :~, .' "'~". ~ 'ff"~~ .~ "~---..:...: ~ -IL 'I .. - \ 0 ~ ~ (-) IN '1 ^fil {q, ~ ~ '-; ..0 ..... . C' -,,"'--, . ~ j ',,~, , , 0 c: C---, d & .... ? c D :;;:-"- C> L;O~~ C fr:;,-: ,..;" 2: "() '> I , I ~ %" I I ej:> ~ ',. ", ~ ~ ~ ~ -< "'~ ) ~ ~s: l:_- 2~ ~ ~ ... ~~2 c) ... " ~ -'. if: ... ::- , .. ~ '~.~) ~ ~ ~ -- ... -z - ...... ... '" '- ", ~.~-,~~- ~ ~ ~, I -- Keystone Financial Bank, N.A., slili to Farmers Trnst Company CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION John N. Etter NO. 2000-367 Civil Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) Keystone Financial Bank. N.A.. stili to Farmers Trust Company, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 333 A Street. Carlisle. P A 17013. 1. Name and address of Owner(s) orreputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) John N. Etter 241 Barbary Drive Statesville, NC 28677 2. Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None ,'-~."""""~~ ~ '. r~ - 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Northwest Consumer Discount Company 223 Penrose Place Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 333 A Street Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 27. 2000 DATE !WIiiIiII~.i@.illlfQbj~~1<~Jl!i~~H~~iIl!;l.,;;i\1<J1illf"d',&;""-;g;j,,,,,,,-~,,,_~..,.,l;li,;;~iWK'~. -'_,LiI~ ~"-""""', - ~~<,~ ,,~~ <> '..'" ~- - -- o ~~ U5/i- ......o::"~ -',~ (j_~S:' -(' ",-- r-' t, _S:: _':- fi~ =-~ -0;: "' ~ " ,~._,- .- '"\ g .~)";': ~ .-,-'" ~ w (j'J ;..:" ::'1 '-c';: . ~ .~~ r~ ~ ~ - " FEDE~andPHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 900 Two Penn Center Plaza Philadelphia, PA 19102 (215) 563-7000 ATTORNEY FOR PLAINTIFF Keystone Financial Bank, N.A., s/i/i to Farmers Trust Company CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CML DMSION John N. Etter NO. 2000-367 Civil Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~0~~ F K FEDE N, ESQUIRE Attorney for Plamtiff ~~~{rll!r:lf;",'l@~'I$ll!jI:L"J~.u~~''''~~~'''''''&k,~~""'',,~)'{;'#;j'''3ii<~li!:!I ~1!iI-ti.---~ ~= ,..... ~-- ~B-:: .<c (;) .-":: f~l:~ ..;..",.~ ~5~l '- ~ -< r' , J C Co..) CJ"; iblUillIllIMNl. ~ lMiK:'i C) o 0- -., .......~~~~ . - .I.~ ! ... Iteystone Financial Bank, N.A., sfili to Farmers Trnst Company Plaintiff, CUMBERLAND COUNTY No. 2000-367 Civil v. John N. Etter Defendant(s). April 27, 2000 TO: John N. Etter 241 Barbary Drive Statesville, NC 28677 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND TillS DEBT WAS NOT REAFFIRMED, TillS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 333 A Street. Carlisle. P A 17013, is scheduled to be sold at the Sheriffs Sale on September 6. 2000 at 10:00 a.m. in the Cumberland County Courhtouse , South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Kevstone Financial Bank. N.A.. slili to Farmers Trust Company (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the December 6, 2000 Sheriff s Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. '-~.~ '.il.....' ='""'~"-'-~~_~ ,,-, -~~ ~-, .. .. .L 1 ... 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 two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. Yau may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ~-~~-...-~ ~~~-. -~~- J. - -'" ( ~ , DESCRIPfION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of "A" Street at property line now or formerly of Ralph Shank; thence in an easterly direction on the northern line of "A" Street, a distance of 28 feet more or less, to a division wall of a 2 1/2 story double brick dwelling house; thence in a northerly direction partly through the said division wall a distance of 150 feet to the southern edge of a 16 foot wide alley; thence in a westerly direction along the said 16 foot wide alley, a distance of 28 feet, more or less, to a point at the eastern boundary of the said Shank property; thence in a southerly direction along the said Shank property, a distance of 150 feet to a point the place of BEGINNING. HAVING thereon erected one-half of a 2 1/2 story double brick dwelling house and numbered as 333 "AU Street, Carlisle, Pennsylvania. TAX PARCEL #06-20-1798-128 TITLE TO SAID PREMISES IS VESTED IN John N. Etter, by Deed from Deborah L. Block, Executor of The Estate of Suzanne F. Hardy f/k/ a Suzanne F. McKeehan, dated 6/7/95, recorded 6/7/95, in Deed Book 123, Page 231. lliM~~!~ciot":,.."";J.lt~,,gjLi,,-idi;ll_t.!UI!i;&l..{dlfg,";'jt!;I!,,:'i~;'~""'!illY_fr"lkdillii~n~ - >~,' ~~-~~ ~",.'- '~,' "C-:T,,'~ , I. ~~ . m ."~"....... ~"""'" () f,; ;;r:? ~;:~- ((J,,'. ~~" if,~-__: . "0-. -:"1 --< ,':...) C'-'j (::-) c.~ ----' ~. _~ d '" . \ ,,:- " 'p2I02/00 WED 15: 45 FAX 6107190307 L," _ '-, .'. v. lIARY SCROCCA PLAINTIFF AFFIDAVIT OF SERVICE KEYSTONE FINANCIAL BANK, N.A. DEFENDANT JOHN N. ~TTER PROPERTY ADDRESS. 333 A STREET CARLISLE. PA 17013 SERVE AT: 24\ BARBARY DRIVE STATESVlLLE, NC 28671 COUNlY CUMBERLAND COURr NO. 2000.367.C1VIL FILEJ):Oll2912000 TYPE OF ACTION XX Mort~a~e Foreclosure Eviction .lili. Civil Action _ CPL on Proml"",> Note SERVED Served andmede known 10 .TOrlll FH-or .Defendantoutbe 5 dayof Feb 2000., at 11 : 45 o'dock,.l\. M., al :;>41 R..rh..ry City of st.. t",,"vi 11 F> Commonwealth of North earn 1 i ni'l . in the manner described below: ..1L- Odendant personally "erved, _ Adul, family member with whom Defendan,(s) resider,). Relationsh ip is _ Adult in cbarge of Cdendant's re,idence who rtfused 10 give namelrelationship. _ Manager/Clerk Of place of lodging in which Oefendant(') re,ide{s). _ Agent or person in charge of Detendant's office or usual place ofbusine... _ _______ an office of said defendant company. Other: I, , a competent adult, being duly .worn accordillg to law, depose and state that personally handed to a true and correcl copy of the _,_.. , , , ''0 issued in the captioned case on the date and lbe addre.. indicated "bove, Sworn to and s~Jted Ber mO this day of ' .2004). ~ Nota r~ ~ Not Served comm~Ex ~arch )t:tj} On the day of' I' I<.t:i." 'I' Defendant NOT Foui-m t>ecau,~: / Moved _Unknown Oehel': ~~/~ uth Rey 01 s . 2oCc), lit o'cloel, .M" - - _No Arulwer Vacant Sworn to and subscribed Before me this _ day of"" ....___,__.,200._, N Clary: PLEASE ATTEMPT SERVICE AT MAILING ADDRESS ONLY. By: ATTORNeY fOR PLA1NTlfF FRANK FEDERMAN. ESQUIRE. 1.0. # 12248 TWO PENN CENTBR PLAZA - SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 I.. ,-'. . ~ IiiI 002 ,iJ..;"*1.....'"""'.......""""-'~"'''1IHiillilllii!!!~I'IifliI!I~l11illi~~'dtb!tll'.r~llijlilill:~- ~ '. .~ , , .~ ^' L"'jj \'. j, "~ 52 ~ < -off: rrlr-; , ~~... ~C' ~~::? >c Z -< -< .' C) -L--:', -" ~"-,~! ~:J co r,) .:.Jl ()l ~~ ~~ "~I " ~=~.~ ,.' ~l 1< ._". SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-00367 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEYSTONE FINANCIAL BANK N A VS ETTER JOHN N R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ETTER JOHN N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , ETTER JOHN N DEFT. HAS MOVED OUT OF STATE, ADDRESS CHANGE ENCLOSED, RETURN NOT FOUND AS PER ATTY 1/31/00 Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 ~~ R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 02/01/2000 Sworn and subscribed to before me this J 8'tt:' day of J~ ;LlJ'lYlJ A . D . ~Q~~ P ot oriotary " , , . ~ I ,--" R, THOMAS KLINE Sheriff t1!l ot Q[Ul1/)}n ., \'- .~ ell ~~"', ct./r, ;~"'" =' 'el:'>, b '. ';~~~i.;~-'3'~.%~ - ..-.----.... ~. . . .:.~-:~_:..~:~:.,.:;......_. --. - . :~~:,?~--'::i:-"~':':'" RONNY R, ANDERSON Chief Deputy EDWARD L, SCHORPP Solicitor OFFICE OF THE SHERIFF ?ATRICIA A, SHATTO Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 To; Postmaster Cur )I~ Ie. Agency Control No. 02,0- Date: I ~ :s i - 0 0 3&7 Address Information Request Please furnish this agency with the new address, if available, for the following individual or verify whether the address given below is one at which mail for this individual is currently being delivered, If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form, John !:' +fer j) s1 Ca. r /:,1:. , ~II /76 U I I certify the address information for this individual is required for the performance of this agency's official duties, Name: Last Known Address: Iii , :< ~1 FOR POST OFFICE USE ONLY () MAIL IS DELIVERED TO ADDRESS GIVEN () NOT KNOWN AT ADDRESS GfVEN ()MOVED, LEFT NO FORWARDfNG ADDRESS , () NO SUCH ADDRESS () OTHER (SPECIFY): NEW ADDRESS ~," , ..' ., ll, V' fl ...J'",'c:Svlf~ ,;2 y I '&v.ba/'", f)f'. 51 C1"/"'SV II!~/ :v c. ,;2U 7'7 - 7I ti' BOXHOLDER'S STREET ADDRESS Agency Return Address PostmarklDate Stamp Address Information Request (Required Fonnat) Exhibit 352.44b ~ c. ".._.__."",_,1._,_ , " FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 KEYSTONE FINANCIAL BANK, N.A., S/I/I TO FARMERS TRUST COMPANY 2270 ERIN COURT LANCASTER, PA 17601 ATTORNEY FORPLAlNTIFF COURT OF COMMON PLEAS CML DIVISION TERM Plaintiff v. NO. cXJ06 . 3& I W CUMBERLAND COUNTY JOHNN. ETTER 333 A STREET CARLISLE, P A 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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 maybe 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, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TRUE(;;QPY FROM Rf':OON) (717) 249-3166 II T~ WIltlreof,1 hurl! unto. my'..... ., '1t ~ ylO ~rI,*. ~ ._'1\,... We hereby certify the within to be a true and correct copy of the or:gln81 filod of record FEDERMAN AND PHELAN. .. ';.L . '",,_. .' 1. Plaintiff is KEYSTONE FINANCIAL BANK, N.A., S/I1I TO FARMERS TRUST COMPANY 2270 ERIN COURT LANCASTER, PA 17601 2. The name(s) and last known addressees) of the Defendant(s) are: JOHN N. ETTER 333 A STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/7/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office oftlie Recorder of CUMBERLAND County, in Mortgage Book No. 1266, Page 175. 4. The premises subj ect to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/4/98 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A." ^ ..1- , 6. The following amounts are due on the mortgage: Principal Balance Interest 11/4/98 through I/l/OO (Per Diem $9.35) Attorney's Fees Cumulative Late Charges 6/7/95 to 1/1/00 Cost of Suit and Title Search Subtotal $35,914.47 3,983.10 800.00 0.00 550.00 41,247.57 Escrow Credit Deficit Subtotal 0.00 1.573.37 1.573.37 TOTAL $42,820.94 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9, The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff s written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. ~ 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 42,820.94, together with interest from 1/1/00 at the rate of$9.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. Isl Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff II. . CT. --~+ . 3 IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELlGILlBILlTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. I I ! \ I I I I I ! I " I 1 ~ ( HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE 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 MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, 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 DEFAUL ro. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUSELlNG 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 teleohone numbers of desionated consumer credit counselino aoencies for the county in which the orooertv 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. , I I I I , i I I I , i 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 default.) If you have tried and are unable to resolve this prOblem with the lender, you have the right to apply for financial 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 (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIOiiSSET 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 met 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) \:)(~\e\'" A 2 ~~ " " ~, " ' ...~' t HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it up to datel. NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 333 A street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE BI WEEKLY MORTGAGE PAYMENTS for the following weeks and the following amounts are now past due: $264.10 for 11/18/98, 12/2/98, 12/16/98, 12/30/98, 1/13/99, 1/27/99, 2/10/99, 2/24/99,3/10/99,3/24/99,4/7/99,4/21/99,5/5/99, 5/19/99,6/2/99,6/16/99,6/30/99,7/14/99, 7/28/99, 8/11/99, 8/25/99, 9/8/99, 9/22/99. 10/6/99. LATE CHARGES AND OTHER CHARGES: $0.00 TOTAL AMOUNT PAST DUE: $6338.40 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6338.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING Tf,iE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check or monev order made oayable and sent to: Keystone Financial Mortgage Corporation 2270 Erin Court P. O. Box 7748 Lancaster, PA 17604-7748 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, The lender intends to exercise its riahts to accelerate the mortaaae 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 due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose uoon your mortaaaedorooertv. 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 required 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 include other reasonable costs. If YOU cure the default within the THIRTY (30) DAY oeriod, ~ou will not be reauired to oav attorneY's fees. OlHER 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 DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun. vou still have the riqht to cure the default and orevent the sale at any time uo to one hour before the Sheriff's Sale. You may do so bv oavinq the total amount then oast due. olus anv late or other charqes then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as soecified in writinq bv the lender and bv oeriorminq any other requirements unger the mortqaqe. 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 date that such a Sheriff's Sales of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice 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. 3 EXHtB\T A :::;:, { HOW TO CONTACT THE LENDER: Name of Lender: Keystone Financial Mortgage Corporation Address: 2270 Erin Court, P. O. Box 7748, Lancaster. PA 17604 Phone Number: (717) 399-7082 or (800) 760-1257 Fax Number: (717) 399-7099 Contact Person: Denise Lowrie EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 Sheriff's 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 _ mayor .JL may not 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 ofthElinortgage are satisfied. YOU MAY ALso HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS 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. Sincerely, Rebecca Boston Default Manager EXH\B\T A ~ ~ ~ " . -"-, . ~ ".-, li;',: . , " cecs of Western PA 219-A College Park Plaza Johnstown, PA 15904 (814) 539-6335 Lycoming-Clinton Counties Commission For Community Action (STEP) 2138 Lincoln Street P. O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamsport. PA 17703 (570) 323-6627 FAX (570) 323-6626 CLINTON COUNTY CCCS of Northeastern PA 1631 S Atherton St Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 COLUMBIA COUNTY 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829.1665-CALL BEFORE FAXING (570) 4554994 HAZELTON FAX (570) 455-5631-CALL BEFORE FAiaNG (570) 8364090 TUNKHANNOCK cecs of Northeastern Pennsylvania 1400 Abington Executive Park Suite 1 Clarks Summitt PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134/9135 Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 cecs of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg. PA 17101 (717) 234-5925 FAX (717) 234-9459 Co=unity Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle. PA 17013 (717) 243-3818 FAX (717) 731.9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 PENNSYLVANIA BULLETIN, VOL. 29. NO. 23, JUNE S. 1999 EXHIBIT A " ALL THAT CERTAIN ~oc of ground situace in the Borough o~ ~~tt~~;~1 cumberland County, P~nnsyl~an~a, boundeo and descr~bed as ! ElEGI:NNrNG at a point en t;he nO:L,-t:.hern line of "A'r Streee a.t p~pper~y line now O~ former;y of Ralph Shank; thence in an easter.~ d.J..rectJ.On on ehe nort:.hern IJ.ne of "A" Streac, a di.liIl:anc:e of 28 e r more ,?r less. to a divi.si.on wa;:tJ. of a 2 ~/2 seery aoubJ.e br:i.ck aa. d.w'71ll.r;S. h,?use; l;nence. in a northerly di.rection paz:tly 1:hrough l:he a~l.d d~vl.~l.on wall a dJ.stan7e of ~50 feet 1:0 the southern edge of a ~B~ foo7 wl.de alley: thence ~n a westerly direction along the said 16 :001:. wl.de alley, a discanoe of 28 feee, more or leas, to a poi.nt at:. Che easte~n.boun~ary of the said Shank property; thence in a soptherly ~l.~ectl.on along ~he said Shank p=operty, a d~stance of 150 fe~t to a po~nt the place of aEG~NNZNG. :HAVING thereon. erect:ecl one-half oJ: a 2 1/2 story douJ~le bri.,-"lo:. dwelJ..ing house a.nd numbered as 333 "A" Street, C~rlisle, pennsy1.vania. ,,\<- BEING th~ same property which John ~. McKeehan and Suzann~ F. McKeehan granted and conveyed to Suzanne P. McKeehan~a Suzanne F. Hardy, by deed dated AugUSt ~2th, ~376 and recorded in ~he Of~ice of t:.he Recorder of Dee.ds for Cuml::ler~and County in De.ed Book "!?", Volume 27, Page 739. ~Ea ANO SUBJECT CO all liens and encumbrances of recora. " c , TogeL:he.r wi.ch all and ~in9'u;t.;nr the buildi.ngs I impr.::nremenC$, ways, .....oods, waters. .wotercourses, r:tghts. libert:ies, pri vi1eges, he't"edit.arulii:nt.s and apJ?u::c-l:.eno.nces t:.o the aanle belong:i.ng or .in anyway appertain.ing: and the :t;"evers.i.on and re:versi.ons, remai.nder and remainders, ren~s, issues and profits thereof, and of every part and parcel thereo~; AND ALSO all the estace, ri9h~, title, interest. use possessi.on. pro~erty, claim and demand wha~soever of t:he Grant:or both in law and in equity, of, in and co the pr.~mi.ses nerein described and every part and parcel thereof with th~ appurtenances. To have arId to hoJ.d all and si.ngul.ar the premises here;i.n describ'!!.d l:.ogel:.he.r with the here.dit:amsnt:s and Cl.ppurt.enancea unto t.he Grantee and 1;0 Grc::cnt:.ee pr.oper use and benefit. foreVer. AND l:.h.e saj.d Gran 1:.or I :Eor. 11.ersel f and her respect:. i ve he.irs, execut:ore and adminiSl::t'"at:.orsr covenants, promises and agrees 'to and wit.h ~he. said Grantee, his hQ~rs ana assigns, that: he ~he said G;r:;;l.nt.or h<;;l.s na~ heret.of"ore done Or C'ommj.1:.ted any act., m.;J,tter or thing wh~tsoever whereby t.he premises herehy grant.ed, or any part thereof. is, arc<.:, shall or May be impea:ched, charged or encUITlt::Il,,~red i~'\ t:it:.lc, charge, est:.ate or ot.herwi.se hcwsoev~r. , c ~ In all refe:r.enctafJ hlS!re..i.n to any part:.ies, pe.rsons, ent.ii=ies or cC")rl?orat..i~?ns, l:he use of any particular gender or t.he l?lural. or singular nLunber is :i.nt.ended. to include the appropriate gender OJ:' number as 1:.he t.ext:. of the wi.th.i.n i.nstrU\TIl;:nt: may require. c Whenever. in che instrument any party shal~ be designated cr refe~red t.o by nam,:=. or generaJ.. reference, such designation is in1:.cnded co and shaJ.J. have 1:.he. same effect. as i.f t.he words uhe.irs, execut:c:.rs, administr.at.ors, personal. or ~ega~ representacives. succeS60rs and assigns" had been .,inserted after each and every such designat.iol"l.. ~ ncw' :.i.20 rAcr 23;2 .. " .1, "00';' "/I, m~, ",h 2,gbh, &yg '" - ';'ED~R~N" & - ~~L.~N f VERIFICATION Rebecca Boston hereby states that she is a Default Offic~'T of Keystone Financial Mortgage Coxporation mortgage servicing agent for Plaintiff in this malter, that helshe is authorized to take this Verification, and that the statements made in the fotegoing Civil Action in Mortgage Foreclosure are true lUld correct to the best of his /her lcnowledge, infonnation md belief. TI,e undersigned understands that this statement;s made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. iiuhlil, 6lTJ~ DATE: h\-OQ )..-:: 141002 . : I FEDERMAN AND PHELAN Suite 800 Twu Penn Center Plaza Phiiad~iphia. PA 19102 (2<l5) 563-7000 ';'1 ; '....' ,~ -<, ' r'~,!' , '-1 I '"' f : l '( (". 1 }" ',:::.' :",' .:..1 <j :.~~i .:~~;~ r';:~" ~...,.,;<<\ ,~affi; ~;:~. ~ , i~""VJ <'~ @!i ~ 00, \cld !ill E 02 KVr ;,.: '-.,. . i;n~1 tljlli~:;HS ~~~\LL ,it; ~Cn,d.lO , .-< <C_, "....1."" '. .. STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ --------------------------------------________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which nn____u_nn_ Keystone Fin Bank N A . ------------------------------------------------____________________________________ ~ the grantee the same having been sold to said grantee on the gj;!L__________________nn_n_n__n__________ day of ____n_n_ns_<:!'!':_'Il.~"'!_____n________n_ A. D., 19":'5~9_<!Q_, under and by virtue of a wriLn__n_______ Execution . 1st ______ __ __ ___ ___ __ _____ ___ __ _n n ___ _ _ ____ _ n n_ ISSued on the _ n __ _ n __ n_ ________n _ n n __ __ __ ___ May 'fx2000 . day of ________________n________ A. D., :In_n_'' out of the Court of Cornman Pleas of saId County as of , Civil ~x2000 ___ _______________________n__' ,n n_n _ n n _ n __ nn _nn __n n_ n n n n _ n__u_ _ Term, 1!/_ __ ____ Number m__m~~L__, at the suit of ______m_____~<:l~_t_~~"'_Y_~!'_.!l_'!~!<__I!_~_!'_':L!_'!'O~!E'!.-:f'!--(;~-- . John NEtter :. ____________c______________________agalnst____________________________________________________ ~ duly recorded in Sheriff's Deed Book No. n___n__~}_~ Page n__________. 668 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _,_~_____ day of ___ JJ. .~ C b land County Carlisle. PA Recorder of Dee1ls, um er." . 1 J 2002 My Commission Expires the First Monday 0 an. _"".', IlilIIllIIi~ " . ,J , ~-" .'~"1iIo. "I Keystone Financial Bank, N.A. s/i/i to Farmers Trust Company -vs- John N. Etter In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-367 Civil Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 at 1:56 o'clock P.M. EDST, he posted a copy of real Estate Writ Notice Poster and Description on the property of John N. Etter located at 333 A Street. Carlisle, Cumberland County, Pennsylvania according to law. 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 John N. Etter by regular mail to 241 Barbary Drive, Statesville, NC. This letter was mailed under the date of July 12, 2000 and never returned to the Sheriff's 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 outcry at Court House, Carlisle, Cumberland County, Pennsylvania on September 6, 2000, at 10:00 o'clock A.M. EDST, and sold the same for the sum of$ 1.00 to Attorney Dale Shughart for Keystone Financial Bank, NA., S/I/I To Farmers Trust Company. It being the highest bid and best price quoted for the same Keystone Financial Bank, N.A., S/I/I To Farmers Trust Company of 2270 Erin Court, Lancaster, PA being the buyer in this execution paid to SheriffR. Thomas Kline the sum of $ 770.92 it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 15.12 15.00 15.00 30.00 10.00 .50 1.00 3.10 .74 15.00 20.00 270.05 270.38 23.53 25.00 26.50 $ 770.92 Pd By Atty 9/27/00 ~ L i. .. ~ .'"," ,I-~..;. , ~ .m1lUi&1J> ~ Sworn and Subscribed To Before Me r..a..,.';:/ ,', ~ ~0~~f'''--.4f R. Thomas Kline, Sheriff This It.'!:: DayodP~ 2000,A.rC)tu;'lL!l ~, ~ Prothonotary ByPot"A; U- Real Estate Deputy oV/ 30' :{J I. U<!.. J 9923 &.J02'1'fiJ iiiII'-~r.J.,,,,,,... ~, ~-~ -~-~ "',- ~I .....~'h';-~ -r ., Keystone Financial Bank, N.A., s/i1i to Farmers Trust Company CUMBERLAND COUNTY Plaiutiff, COURT OF COMMON PLEAS v. CIVIL DIVISION Johu N. Etter NO. 2000-367 Civil Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) Kevstone Financial Bank. N.A.. stili to Farmers Trust Company, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 333 A Street. Carlisle. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) John N. Etter 241 Barbary Drive Statesville, NC 28677 2. Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None -~ I ~""'~;,w;, ~/' 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Northwest Consumer Discount Company 223 Penrose Place Carlisle, P A 17013 5. Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7. Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 333 A Street Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 27. 2000 DATE "~ -~ ~ --~ ~~ ._"~~~- ni " I ~ ~J-' ". Keystone Financial Bank, N.A., slili to Farmers Trust Company Plaintiff, CUMBERLAND COUNTY No. 2000-367 Civil v. John N. Etter Defendant(s). April 27, 2000 TO: John N. Etter 241 Barbary Drive Statesville, NC 28677 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 333 A Street, Carlisle,P A 17013, is scheduled to be sold at the Sheriffs Sale on September 6, 2000 at 10:00 a.m. in the Cumberland County Courhtouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by Keystone Financial Bank, N.A" stili to Farmers Trust Company (the mortgagee) against you. Ifthe Sheriffs sale is postponed, the property will be relisted for the December 6, 2000 Sheriff's Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. ' 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. "'''''''- ....I - ~- -' 'you may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ~~ 0', j'-I " Ii 'I' !'. , 'I ::1 J Ii : i:,j 11,1 1;,1 Ii , I:! , I < :1 !,-I i,l I 1 '1 ii , I Ii " '-; , 1 "I I 1,1 Ii i-I ii Ii " II ,I I '=" ~ ......... ..... ~ '-1iU~ ~ DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of "A" Street at property line now or formerly of Ralph Shank; thence in an easterly direction on the northern line of "A" Street, a distance of 28 feet more or less, to a division wall of a 2 1/2 story double brick dwelling house; thence in a northerly direction partly through the said division wall a distance of 150 feet to the southern edge of a 16 foot wide alley; thence in a westerly direction along the said 16 foot wide alley, a distance of 28 feet, more or less, to a point at the eaStern boundary of the said Shank property; thence in a southerly direction along the said Shank property, a distance of 150 feet to a point the place of BEGINNING. HAVING thereon erected one-half of a 2 1/2 story double brick dwelling house and numbered as 333 "A" Street, Carlisle, Pennsylvania. TAX PARCEL #06-20-1798-128 TITLE TO SAID PREMISES IS VESTED IN John N. Etter, by Deed from Deborah L. Block, Executor of The Estate of Suzanne F. Hardy f/k/a Suzanne F. McKeehan, dated 6/7/95, recorded 6/7/95, in Deed Book 123, Page 231. """"",, to . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-367 CIVIL :t9C Tenn CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Keystone Financial" Bank, Farmers Trust Company N.A., s/i/i to PLAINTIFF(S) from ,lohn N. Rt-1-pr. /41 ~rh,,"Y nri"",. St~te""ille. J>JC 26677 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description ." ;;:-,,;-~,',t"";A, :,,)(:"iJ ,r:-i~ ' (2) You are also dir'ected1rl"attacIHhe'"property -611he defendant(s) not levied upon in the possession of : --~, " "'1' "'I~l\j \; ,."~~ " GARNISHEE(S) as follows: and to notny the garnishee(s) ,oat: (a) an allachmelit has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of-the-defendant(s)"andfrOmdelivering any property of the defendant(s) or otherwise disposing thereof; (3) If property olthe defendant(s) not levied upon an subjecllo allachment is found in the possession of anyone other than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $43,475.44 from 3/10{00 - 916/00 per diem - Interest $7.15 - $_ .287 .00 $.50 L.L. AllY'S Comm Ally Paid Plaintnf Paid % Due Prothy Other Costs $1.00 $108.10 Date: May 1, 2000 Curtis R. Long Prothonotary, Civil Division ~~ 0 _ 2 7po,A,.,.r- Deputy '-llv . Name REQUESTING PARTY: Frank Federman, Esg. Two PEnn Center Plaza, Suite 900 Address: Attorney for: Telephone: Supreme Court ID No. 12248 philadelphia, PA 19102 Plaintiff 215-563-7000 _'M1"~ ':..~.L"""""';';""_lIliii'RlIIIiIil'_r.li'Wflj "t]l'l'iiJl!~~...lll!lr'J"li1 "...;,,""~ eo' '" "'~"."'".hC;,= "' . ",.,.", '" + "" ~ '~ REAL ESTATE SALE No./o Vi I /WI CVf ~. /VrO the sheriff levied upon the defendants interest in the real property situated in ~ J aoA tJ. ~* . 04 Cumberland County, Pa., known and numbered as: ?13.3 fl..J.t;;;- QJ tl, t2 and more fully described on exhibit "A" filed with this writ and by this reference incorporated herein. ",te;/I'YJ~~. ~ *<< rPL2Z e6) ~ ~ ~ o -::;r::. ..,...,... ~ ~::.:~ --"~ c; rn ~-;-'. r--' ' ,? :':-1 "-",, ~'.ri '.' ~, " ,,) -. 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".,'j'''.t<, ,~'" ...._ _ ,_t<_ .-,,"" ~,.._ _I..H"_,,, '" . .'"_ _ ",_., __,', '~t(;Zil;~;:1Jt'~~~~;t\lH!ftJ::~11h~ ~~:~~~;iAli~j;~~r~lfd~~0:tf~:~ij'-l~i~~:~~;J:t~h ,f,,-"\:t : ~_i; )t4~_ -_':.~~t~j:Ji_H)'l: ::'t'd-{w : ii:;{: il: _ -.:b.:~ ,lcJ_i<': }":id,,, ~~~lj\~_~':~~r ,~~~,;~,:.;i~;};:~;tl.:t ::~~:;t~~.~i;\~t~~~N.:;~ :mrJ;;~" . tit: :'1e;\'i~' :t) "0: 'p\:)L!.I;~ '.it \fl(;" -;';:\':!.km h,:,~iri.d')'T> :'1:.f:~f~0' ';.a;,{ .'5l~:\rt.k: .p:r':i~~~{~';,.; tl:-;~~l'K'!. 1ft ct. ,.~'!,""1:l,i'-'~: .d.it,o:'(',tii.~.tt-':{kt\~)i.~iJi': ..;.11u .:l.h.;tnJ, pt:~w~rt:,; ~. .~li;-~~tP(:')1{ nrj' fK',;"! JH _~. !:!(;){If tlH' : ,~1L'N;.t. fJ~ "~~.bL',',~J\i1..., ;~;J~f~::~~~7i~~~:~i~r';~~~F~~ l~:~i;,~~~:t;f:~~i~t.~ rh\t!~,yf\".-:tlli,l. .. 1 Ai\ l1':!'SKEL: ?,l~..)ii.J.r:"4!' ').:.:~. rrru:ro S:'.I"lT> Pjjg,1t:;J:S 1S:VTSH:n 1.\ 1~;;.!:.~;:;~;~~.~;\:~i:~;{~;:~7~j,2:~,yl?/;;~4\;t~, ;. $,i,g.i;b'")-t"" 1~'. M,:~,~:-tt.,i'li;;,. .:tR<,.(t. 1:;j';-'/~i':i. l\!i:i:il:'~r,,~d fi!"1:~!5; i'ft I~':'\'\~ t'it.ivi:' U\:H!!g!C LH. ~ - -~ . , . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderHct No. 587. Hooroued 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 publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid: that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since: That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editions/issues which appeared on the 1 st, 8th and 15th day(s) af 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 publication are true: and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in 71aneous Book "M", vo~u:: ~~'::~I: ~ ---------------;2----------------------------- COpy Sworn to and subscribed before me 's 30th day Au 2000 A.D. S ALE #15 Notarial Seal Terry L. Russell, Notary Public Harrisburg. Daupl1ln County My Commission Expires June 6. 2 Member. Pennsylvania Association 01 Notaries CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 NO ARY PUBLIC ommission expires June 6, 2002 Statement of Advertising 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) $ Total $ 268.88 1.50 270.38 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 publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By.................................................................... ,,--- ~~ R!IilAL ESTA'llE SALE NO. 15 Wrtt No. 2000-367 Civ1l Keystone Firumclal Bank. N.A.. s/1/i to Farmers Trust Company vs. John N. Etter Atty.: Frank Federman DESCRIPTION ALL THAT CERTAIN lot of grOlUld situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern line of "A" Street at property line now or formerly of Ralph Shank; thence in an easterly d1rection on the northern line of "A" Street, a distance of 28 feet more or less, to a division wall of a 2 1/2 stol}'double brtckdwell- ing house; thence in a northerly di- rection partly through the sald divi- sion wall a distance of 150 feet to the southem edge of a 16 foot Wide alley; thence in a westerly direction along the sald 16 foot wide alley. a distance of 28 feet, more or less, to a pOint at the eastern bonndary of the said Shank property: thence in a south- erly direction along the said Shank property. a distance of 150 feet to a point the place of BEGINNING. HAVING thereon erected one-half of a 2 1/2 stOl}' double brtck dwelling house and numbered as 333 "A" Street. Carlisle. Pennsylvania. TAX PARCEL #06-20-1798-128. TITLE TO SAID PREMISES IS VEsrnD IN John N. Etter. by Deed from Deborah L. Block. Executor of The Estate of Suzanne F. Hardy. f/kl a Suzanne F. McKeehan. dated 6/7/95. recorded 6/7/95. in Deed Book 123. Page 231. - ,- ~- ,~ '-~- eL. ~lil!llNt""~~"-_,- , ' -I _ l'ROOF OF l'UBLlCATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.l784 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 Connty and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: JULY 28, AUGUST 4,11,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the" aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place im<1character of publication are true. SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 TA,SEA~ ' lOl6 E. SNYD!It.1'Ioia.y I'ubIic Corliole Ioro. Cumbii1<tna ~,~PA My Commitoion Expi....Mcm:h5. 2001 , , " ~ , 1iLil111!rililll.lltl"!l'~(s ~ AFFIDAVIT OF SERVICE PLAINTIFF Keystone Financial Bank, N.A., slili to Farmers Trust Company Cumberland County No.2000-367 Civil DEFENDANT(S) SERVE AT John N. Etter Type of Action - Notice of Sberiff's Sale 241 Barbary Drive Statesville, NC 28677 Sale Date: September 6, 2000 SERVED Served and made known to erh N'\ N. 0tt Q f\ at ,0'c1ock_.m.,at :;)'L\ \ ~~ of Pennsylvania, in the manner described below; \J51 1>Lh dayof m~ .200_Q 1;1 rrln 01)( 6 Q Q , Commonwealth , Defendant, on the ./ Defendant personally served. Adult family member with whom Defendant( s) reside( s). Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other; Description; Age_ Height_ Weight_ Race Sex Other I, a tru and correct cop of the the address indicated above. , a competent adult, being duly sworn according to law, depose and state that I personally handed otice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at Sworn to and subscribed before me this _ day of ,200_. Notary: By: NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because; Moved Unknown No Answer Vacant Other: Sworn to and subscribed before me this _ day of , 200 _. Notary: By: Attornev for Plaintiff Frank Federman, Esquire - I.D. No. 12248 Two Penn Center Plaza, Snite 900 Philadelphia, PA 19102 (215) 563-7000 ti~~~"'",,"ok.obtlii!t~.w''''''''''''''Jll''BIliIIwiilllil!l!~~..mj(il;i.]~~,.;j_~~~ 'He, ,~,~ . .h_"_ , ,,~- .. ~mir ~ - ,-Jo" ~ h -'""'~r ., " - ..d"",,-, '. '":1 , 0 C> 0 c: c::::> -n ,~ '- ,"1 c:: ~.;L'_-n ~rTI Z r<1f= :D I ~\,}rn ZS; CD'? ~...:. ~=~C) ~C) "" --...-\ rj:D ~O 3: :::-;-(") s;:2 t:} L'~-fn ~ ~ :::> ~ (W . .... ~"~ -~ L .. ~ ,.." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FINANCIAL BANK, NA, SIIII TO FARMERS TRUST COMPANY Plaintiff CIVIL DIVISION vs. No. 2000-367 CIVIL TERM JOHN N. ETTER Defendants AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA SS: CUMBERLAND COUNTY I, FRANK FEDERMAN, ESQ., attorney for KEYSTONE FINANCIAL BANK. N.A.. SIIII TO FARMERS TRUST COMPANY, hereby verify that on MAY 2, 2000, true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s), and any known interested party, see Exhibit "A" attached hereto, and the Notice of Sale was sent to defendant(s) on MAY 2,2000 by first class mail and certified mail return receipt requested, see Exhibit "B" attached hereto. 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I..::!.i;;,.";;,,. .!J: lf~i<i' . l U ~ ~{ls.IAn. ,: , '-', -S:l,--~ ..t l~ '(i.ltAY-2'OO _I~'l";~, ' . . :r::." 4'" .. .- - ," ~ - t fr"'... - ~ ~ .V~J ~!'" ." .p ;>9 MET:::l j.J< g ~ 6068360 . t:l, .-1 .. 'I,",~ I I I I I I I I~i'i~' .' " ., -nmmJill!:'J" =>2 ""'""" ~C.i3 = ri: ~ "" ~ " " ~ = ... "" l ."...,.., =.';'" ;"00 ""."", "" ~ ",=", 0-='" ;. n > . " 2 .,,=.... >;~ ... ." t; ~_= ..."", "'Nt" '" J' > "'2 E. ~ " '" <:> <:> . , . r-"------< .............-............-~~--------.-~- ru CJ .J] CJ .-'l II'" ::r f'- II'" n. RETURN 1 RECEIPT SERVICE j SENT TO: PS FORM 3800 POSTAGE RESTRICTED DEUVERY CERTIFIED FEE + RETURN RECEIPT TOl1<L POSTAGE AND FEES NO INSURANCE COVERAGE PR~.v1p'ED- NOT FO~~IIt-rw~~fJl~tlAL MAIL ~~'> I~ "=.J --lL-i JOIm 11. E'l'TER 241 MlUIARY DlUVE STA'nSVI.LLE. NC 28677 DVV1K US Postal Service \ POSTMARK OR DATE /:~' /,~, /: ,~';.'~ ;" r ~'\ ~ 4 , C ~ Z " " C a ~ ~ a ~ <: F , " ~ c "".", '. c, I Receipt for Certified Mail F ~ C ; ----.--------------------- !l!I;1/WiII1~_~13Wi~{i.il;j'j!.I,liiIWIloi;mm.~~~~~",lil~~"':";I""i....~t~~':a0!i"~"",,~~=' ~-"_._'~~- ~'-~'~lil!III "oW (') 0 0 C 0 "'t)?":'-; ., :t> ---{ nlf~~; C -r Z::n "-:J i'--;4 pEl Zr :B2j ~;;~ en <:- 1..-..' :t~ ~~~ J'>' L"C'::; -",. j;:O c ~ orn Z -.j =< W .".. (::J :0 -< , -,: . .. . :,M. ".. ,.1.. FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 TWO PENN CENTER PLAZA, SUITE 900 PHILADELPHIA, PA 19102 (215) 563-7000 KEYSTONE FINANCIAL BANK, NA, S/IJI TO FARMERS TRUST COMPANY 2270 ERIN COURT LANCASTER,PA 17601 .' ATTORNEYFORPLAINTIFF COURT OF COMMON PLEAS CML DIVISION Plaintiff TERM NO. cAO--O--O - 3&7 ~ v. CUMBERLAND COUNTY JOHN N. ETTER 333 A STREET CARLISLE, PA 17013 Defendant(s) CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLEcr A DEBT. ANY INFORMATION RECEIVED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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. IFYOUDONOT 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 10025955 >>-=-=~ --,.1 , 1. Plaintiff is KEYSTONE FINANCIAL BANK, N.A., S/I/ITO FARMERS TRUST COMPANY 2270 ERIN COURT LANCASTER, PA 17601 2. The name(s) and last known addressees) of the Defendant(s) are: JOHNN. ETTER 333 A STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 6/7/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1266, Page 175. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because montWy payments of principal and interest upon said mortgage due 12/4/98 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. A copy of such notice is attached as Exhibit "A" 6. The following amounts are due on themortga(?;e: Principal Balance Interest 11/4/98 through 1/1/00 (Per Diem $9.35) Attorney's Fees Cumulative Late Charges 6/7/95 to 1/1/00 Cost of Suit and Title Search Subtotal $35,914.47 3,983.10 800,00 0.00 550.00 41,247.57 Escrow Credit Deficit Subtotal TOTAL 0.00 1.573.37 1.573.37 $42,820.94 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. ~1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "A." 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants, a true and correct copy of which is attached hereto as Exhibit "A"; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.c. ~ 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 42,820.94, together with interest from 1/1/00 at the rate of$9.35 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~~"1~ /s/ Frank Federman FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff ~ - " .~~ :.'1 2270 Erin Court P. O. Box 7748 Lancaster, PA 17604-7748 Kc:Y.stone Einancial Mortg~ge ~ Corporatlo~ 1-800-KEY-8131 (717) 399-6498 FAX (717) 397-2834 October 12, 1999 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on Your home is in default. and the lender intends to foreclose. Specific information about the nature af the default is provided in the attached paaes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPl may be able to help save your home. This notice explains how the proaram works. To see if HEMAP can help. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counselina Aaencv. The name. address and phone number of Consumer Credit Counselina Aaencies servina your County are listed at the end of this N,otice. If YOU have any auestions. YOU may call the Pennsvlvania Housina Finance Aaencv toll free at 1-800-342-2397. (Persons with impaired hearina can call 17171 780-1869l. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIEN DO 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 ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE" EL CUAl PUEDE SAlVAR SU CASA DE LA PERDIDA DEL DERECHO A REOIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John N, Etter PROPERTY ADDRESS: 333 A Street, Carlisle, PA 17013 LOAN ACCOUNT NUMBER: 10025955 ORIGINAL LENDER: Farmers Trust Company CURRENT LENDERISERVICER: Keystone Financial Mortgage Corporation EXHIBIT A I~ -, ,_~, , - - .', HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE 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 MAY BE 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 ELlGILlBILlTY 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 DEFAUL ro. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUSELlNG 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 telephone numbers of desianated consumer credit counselina aaencies 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 immediately 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 default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial 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 postmart<ed within (30) days of your face-to-face meeting. 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 met 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) E'){\-\\S\\ 1\ 2 _~' '0' ~- '-I ~""';" ,. " HOW TO CURE YOUR MORTGAGE DEFAULT (Brina it UP to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 333 A street, Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE BI WEEKLY MORTGAGE PAYMENTS for the following weeks and the following amounts are now past due: $264.10 for 11/18/98, 12/2/98, 12/16/98, 12/30/98, 1/13/99, 1/27/99, 2/10/99, 2/24/99, 3/10/99, 3/24/99, 4/7/99, 4/21/99, 5/5/99, 5/19/99, 6/2/99, 6/16/99, 6/30/99, 7/14/99, 7/28/99 8/11/99 8/25/99, 9/8/99, 9/22/99, 1 0/6/99. ' , LATE CHARGES AND OTHER CHARGES: $0.00 TOTAL AMOUNT PAST DUE: $6338.40 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6338.40, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check. certified check or money order made pavable and sent to: Keystone Financial Mortgage Corporation 2270 Erin Court P. O. Box 7748 Lancaster, PA 17604-7748 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, The lender intends to exercise its riahts to accelerate the mortaaae 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 due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortaaaed propertv. 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 required 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 include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be reauired to pav attornev'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 DEFAULT 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 riqht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so bv pavinq the total amount then past due. piUS any late or other charqes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinq bv the lender and bv performinq any other requirements under the mortqaqe. 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 date that such a Sheriff's Sales of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice 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. 3 EXHiBIT A '- ~__o "' ~"-~- __j" ,1- '" " o :j HOW TO CONTACT THE LENDER: Name of Lender: Keystone Financial Mortgage Corporation Address: 2270 Erin Court, P. O. Box 7748, Lancaster, PA 17604 Phone Nurnber: (717) 399-7082 or (800) 760-1257 Fax Numbl1r: (717) 399-7099 Contact Person: Denise Lowrie 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 fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ rnay or -LL may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey'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 PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF 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 DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS 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. Sincerely, Rebecca Boston Default Manager EXH\B\T A 4 CCCS of Western PA 219-A College Park Plaza Johnstown, PA 15904 (814) 539-6335 Lycoming-Clinton Counties Commission For Community Action (STEP) 2138 Lincoln Street P. O. Box 1328 Williamsport, PA 17703 (570) 326-0587 FAX (570) 322-2197 CCCS of Northeastern PA 201 Basin Street Williamsport, PA 17703 (570) 323-6627 FAX (570) 323-6626 ",;1 CLINTON COUNTY CCCS of Northeastern PA 1631 S Atherton St Suite 100 State College, PA 16801 (814) 238-3668 FAX (814) 238-3669 j 1 Ii ,I I Ii " I, 'I il Ii 'I I i ~ II 11 " COLUMBIA COUNTY CCCS of Northeastern Pennsylvania 1400 Abington Executive Park Suite 1 Clarks Summitt PA 18411 (570) 587-9163 or (800) 922-9537 FAX (570) 587-9134/9135 31 W. Market Street POB 1127 Wilkes-Barre, PA 18702 (570) 821-0837 or (800) 922-9537 FAX (570) 821-1785 Commission on Economics Opportunity of Luzerne County 163 Amber Lane Wilkes-Barre, PA 18702 (570) 826-0510 or (800) 822-0359 FAX (570) 829-1665-CALL BEFORE FAXING (570) 455-4994 HAZELTON FAX (570) 455-5631-<:ALL BEFORE FAXING (570) 836-4090 TUNKHANNOCK Booker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 453-5744 FAX (814) 453-5749 John F. Kennedy Center, Inc. 2021 East 20th Street Erie, PA 16510 (814) 898-0400 FAX (814) 898-1243 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 Community Action COmIn of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 CRAWFORD COUNTY Greater Erie Community Action Committee 18 West 9th Street Erie, PA 16501 (814) 459-4581 FAX (814) 456-0161 Shenango Valley Urban League, Inc 601 Indiana Avenue Farrell, PA 16121 (412) 981-5310 CUMBERLAND COUNTY Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334.8326 PENNSYLVANIA BULLETIN. VOL 29. NO. 23. JUNE 5. 1999 EXHiB\T A . ~ -~=~, ~ " ""!1i' ALL THAT C~aTAIN ~ot of ground aitua~e 1n the Borough of ca~l~sle, Cumberland COunt~1 P~nnsYlvania, bounded and described as foiLl.ow.s: i :BEG:tNNrNGI at a point: on the no:s.-t:.hern J,;i..l'le of I1A" Street: at p~?per~y line now o~ former~y of Ral.ph Shank; thence in an easter.ly dJ..reCl:..J.on on che nort:.hern l.;l..ne of "A" Stree.t., a di..et:ance of 29 feel;. mO,.re ~r less, t.o a div.i,.sion wa~2 of a 2 2/2 scery C10uble hz";i,ck ' dW'71l.J.x;-g h,;mse; thence. in a. norl:he:t:'J.y d1.rect:ion pa:r:t~y c.hro'l..l.gh t.h..e saJ.d dJ.vi~J.on wall a dJ.stan7e of ~so fee~ ~o th7 southern edge of a 16: foo~ wJ.de alley; chance J.n a westerly dJ.rectJ.on along the said 16 foot wJ.de al~ey, a aistance of 28 feec, more or 2ess. to a poin~ at ~he eastern.boun~ary of the said Shank property; thence in a soptherly d1~eet~on along ~he sa~d Shank property, a distance of 150 fe~t to a po~nt the place of BEGINNLNG. ~ IlAVING t.heX"eOl1. erecced one-half o~ e\ :2 1./~ story dO\lJ::.:L.e r.:..1:'":ick dwellinS house and numbered as 333 "A" Street, Carli.sle, pennsylvania. ,,". BEING che same property wh~ch John ~_ McKeehan and Suzanne F. McKeehan granted and conveyed to Suzanne F. McKeehan~a SuZanne F. Hardy, by deed dated August 12th, ~976 ~nd recorded ~n the Office of the Recorder of De.eds for Cumberland County in De.ed Book liP", Volume 27, Page 739. . . . ~ Toge~ner wi~h all and singu1ar the bu~ldings, improvemenCs, ways, woods, war.e~5. 'watercol,lrses, r:i.ghts. ~iberties, privil.egefS r h~reditarl\e.nl::s and appurL:.enances Co the same belonging or i.n any'^'ay apperea;i.n'4-ng; and the reversi.on and reversi.ons, remainder and. remaj.nders, re.nts, issues and profit:.s the:r.l;::of, and of every part. an.d parcel l:h~~reof; ~D ALSO all the estate, ri.ght, ti.tle. interest. use po.ssessio:t1. property, claim a.nd dem;;a.nd whal:.soever of the Qr.;l.nCor boch in law and in equ~ty, of, in and to the premises h~rein d~scribed and ev~ry pa~t and parcel thereof with ch~ appurtenances. To ha.ve atld t.o hoJ.d all and singu:Lar the premises here.in descri_b(l:ld l:ogel:..her wit.h t.he here.di.t:attlent.s and appurtena.nces unt.o I:.he Grantee and t;.O Gr~",ntee p1;'oper use and benefit. forever_ AND l:h.E:: s..:,.j,d Granl:.or, for. 1'lerself and her respective heirs, e:x.ecut.ora and adrnin.ist:.:t"at:ors, covenants, promises and agrees to and with the said Grantsg, hi.s hairs and assigns, that: he the said Gr....nto:r; h~s not heretof:ore done or c::ommi,cted any act::. matter or, Ching whatsoever whereby the premises hereby granted. or any part r.:hereof, is, are, shall or may be impe<!l:ched. charged or encumbered in t:itle, charge, est:.al;e or oth~rwise howsoever. .. ~ I ~ i i UNDE:R AND SUBJECT 1;0 all liens and en.cumbr;;:J.nces of recoJ;"o_ In all references here.in to any p,;;l;z:"l:.ies, persons, e.nt.ities or c::orpora,t:.,i..t')ns, t.he. use of any pa:r:tieul.ar gender or the 1?1.u:ral or singl.\lar nUHI:b~r is :tnt.ended. to i.nclude the ap:propriate gender 0)':' nUlIlbC!r as the l::exl:. of t.he withi.n instrument. may requirc_ ~ I i Whenever. in the instrument any party shal~ be designated cr referred to by name or generaJ. reference, such designation is inc.cnded co and shaJ.J. have 1;he same effect. as i.f t.he words: "h'7irs, executc:,rs, administr.at.ors, personal or lega~ represent:a~~ves. succe~sors,and assigns" had been ..i.nsert.ed <1fter each and every such des~g'nat.1.on_ ~ I , , ~ r."". :1.2:> 'ACE 232 , .. ~ j 3 j ~ ~ ~ ~ ..L, 11/~ti/9kJ 1"&j l~:Ol FAX ~155tsJ75M-M- FEDERMAN & PHELAN YERIFICATlON Rebecca Boston hereby states that she is a Default Officer of Keystone Financial Mortgage Corporation mortgage servicing agent for Plaintiff in this maller, that helshe is authorized to take this Verification, and that the statements made in the foregoing Civil Action ill Mortgage Foreclosure are true and correct to the best ofhislher Imowl.dge, intonnation and belief. The undersigned understands that tIris statement is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, "l1.Mfi/1, !3JrjhL DATE: 1-1 \- 00 ,~ "";'.'1': 141 002 . '10 .-";.,,,. , FEDERMAN AND PHELAN Suite 900 Two Penn Center Plaza Ph!lr:dslpl1ia, PA 19102 (')i.')' !-:(": .'r',...." \,::".;:) v...:>.J./.....l,.;v ~G)~ ~. ~ ~ ~" f' &- ~, tN kj~ \..>.; 1""- ~h~~ ~ C> Gv ~ ~ ~ \ o c:~ C 0 $: <- rli}E ~ 2~ ;; (/) :r; 0 -<.,,- r:::t..7 1> 28 >c ~ -< ~ \:Y o -" :::i? -" ;:= -,,1'"".1"1 E:5t? ::-:.J~I~ -:'-~ .,., 0,'"5 0'::1'" o _.~--t ?O -< ~ c..> -.l