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Home My WebLink About00-00531 . , -. - -"'.'" -." 'M ,~ 'IU-I!UI-!isi~ .:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. :2.>>vv -.s 3/ CUxJ. ~ VIRGINIA E. TAYLOR Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 , .-. - '-IH-';, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No. VIRGINIA E. TAYLOR Defendant AVI50 USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso, Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demand as en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE E5TA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 U5TED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION E5CRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER A51STENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION -- MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff vs. No, .21J-vv - 5'31 Cu/.;e ..,- b-- VIRGINIA E. TAYLOR Defendant COMPLAINT AND NOW, comes Plaintiff York Federal Savings and Loan Association, by and through its attorney, Benjamin F. Riggs, Jr., and complains of Defendant Virginia E. Taylor, as follows: Parties 1. The Plaintiff is the YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of the United States of America, and it is registered to do business in Pennsylvania, with offices for the purpose of doing business at 101 South George Street, York, Pennsylvania. 2. The Defendant is Virginia E. Taylor who is an adult individual residing at R.R. #1, Box 217B, Cowansville, Armstrong County, Pennsylvania 16218, and she is the mortgagor and real owner of the Mortgaged Premises located at 502 Hogestown Road, Mechanicscurg, Cumberland County, Pennsylvania 17055, having acquired title by Deed dated April 17, 1989, and recorded on April 21, 1989, in the Cumberland County, Pennsylvania, Recorder's Office in Record Book 33-X, Page 173. Mortgage 3. On or about April 17, 1989, Defendant made, executed, and delivered to Plaintiff a mortgage upon premises therein described, which Mortgage contains a description of the premises subject to said Mortgage and was recorded on April 21, 1989 in the Cumberland County, Pennsylvania, Recorder's Office in Mortgage Book 936, Page 357. A true and correct copy of said Mortgage is attached hereto, made a part hereof, incorporated herein by reference, and marked "EXHIBIT A". - " ~-~- ..~-- Assignments 4. There have been no assignments of said Mortgage, Default 5. Said Mortgage is in default because Defendants have failed to make the monthly payments of principal and interest due and owing on their loan from July 1, 1999 through the date of filing this Complaint as required by the terms of the Mortgage. Any payments that may have been made during this period were applied to the delinquency balance due and owing prior to July 1, 1999. 6, Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage immediately due and payable in accordance with its terms and provisions. 7, By reason of the default, the following amounts are due in accordance with the terms of said Mortgage: Unpaid Principal Balance. . . . . . . . . . . . . . . . $61,083.97 Interest from 6/1/99 to 1/12/00 (inclusive) at $12.8360 per diem. . . . . . . . $ 2,874,21 Late Charges from 6/1/99 to 1/12/00 (inclusive) at $25,02 per month. . . . . . . . . . . . $ 150.12 Escrow Deficit . . . . . . . . . . . . , . ' . ' , . . . . . . $ 27.66 Attorney's Commission 5% ............. $ 3,054.20 TOTAL AMOUNT DUE $67,190.16 Inapplicability of Homeowners' Emergency Assistance Act 8. This Action is not subject to the provisions of Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, 1983, P.L. 385, No. 91 (35 P.S. 9 1680.401c et seq.), as amended, nor are notices required to be sent to Defendant(s) pursuant to said Act, because, said Mortgaged Premises is not the principal residence of Defendant(s). I '~:, Inapplicability of Loan Interest and Protection Law 9. This Action is not subject to the provisions of Pennsylvania's Loan Interest and Protection Law, Act of January 30, 1974, P.L. 13, NO.6 (41 P.S. 9 101 et seq.), as amended, nor are notices required to be sent to Defendants pursuant to said Act, because said Mortgage is not a "residential mortgage" within the meaning of said Act. WHEREFORE, Plaintiff York Federal Savings and Loan Association prays for judgment in its favor and against Defendant Virginia E. Taylor in the amount of Sixty Seven Thousand One Hundred Ninety and 16/100 Dollars ($67,190.16), with interest thereon until paid at such rate or rates as established by Plaintiff pursuant to the terms of the Adjustable Rate Note, currently $12,8360 per diem, from 1/13/00, late charges at 5% of the monthly payment amount, currently $25.02 per month from 1/14/00, escrow charges, currently $114,83 per month from 1/14/00, attorney's fees. costs of suit, and other charges collectible under the Mortgage; for the foreclosure and sale of the mortgaged premises; and for any and all other relief as the Court deems appropriate. By Benjamin . ggs, Jr. Attorney for Plaintiff 101 S. George Street P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777 X2309 1.0. No. 72030 '.:"'..<) ~ /' /''' '-./ REGORDED RtcOF/":OI'I"O~ GUM3.-', '.'LF/ 0.- ,,:.01' THe. -c,,, 'I"~ <[DS . '. ~, ,89API?ZI i't Pit/( '15 [Spate Above This Une For Recarding Data] MORTGAGE 39332 a THIS MORTGAGE ("Security p,strument") is given on ..........AIldLl7.......,......................,............................., 19... 9... The mortgagor is ........y.gg;w::g,s..X;......~gy.1QJ;...................................................................................................... ......................................................................... ("Borrower") This Secun'ty Instrument IS' "'ven to YORK FEDERAL SAVINGS AND LOAN .... .' eo. . .........;..."...........:...:.... .........................................~~~.Q.g~~T.!Q~.............................................................................. which IS o~ed and existing un~8'~e J~~~k.~~~~p..~:r~!J?~.Qf..~~~~.'.~A....................., and whose address is ....J!!t~:..~.....,~~~..~:l.........;;.. .............1............................................................................................................................................................... ( Lender ). Borrower owes Lender the principal sum of ....~~,::li~1.\\l..:r.oolM\OlJ.(\..S.i.1l..11~.llo~laJ:s..and..QQJ~Q.Q..., ...::::'::'::::':::=::':::':'::7.7.~:-:.::=:::::::-:.::7.=.::.. Dollars (U.S. $....9.~,/;.9.Qg.,.QQ..........). ~s debt is evidenced by Borrower's note dated the same date as this Security Instrument C'Note"r which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ..................Me.y..J..r...;?.Q...~........................................................... This Security Instrument . secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For thil; purpose, Borrower does h~mortga~. grant and convey to Lender the following described property located in ..........,.....................................................~Jan................................................................. County, Pennsylvania: SEE ATl'ACHED EXHIBIT "A" which has the address of ......?Q.f".B9S"~e:tQm;t.R9.?-g.............."..........................., .........M!'?~g.!?f?g.g.......".............. [Street] [c1t:y] Pennsylvania ............."J..2R:?~......................".... ("Property Address"); [Zip Code] TOGETHl::R WITH all the improvements now or hereafter erected on the property. and all easements, rights, appurtenances. :rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part ()fthe property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is refetred to in this Security Instrument as the "Property." BORROWER. COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except fOT encumbrances of record. Borrower wammts and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non.uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA-Single Family-FNMAlFHLMC UNIFORM INSTRUMENT bOOK 936 rAGE 357 gY) ~-~= , ........it'. I.., jw.j~__~~w..I....",..-"I!ili..kIL; ',- "' .) . UNIFORM COVENANTS. Borrower and Lender covenant and agree.as follows:- 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items are called "escrow items." Lender may estimate the Funds due on the basis of current data and reasonable estimates offuture escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to. the due dates of the escrow items, shall exceed the amo.unt required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amot:(nt of the Funds held by Lender is' not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amo.Unt necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under parakfaphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to. amo.unts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under thiS paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any" lien which has prio.rity over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevcmt the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. " 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval- which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to. Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss; Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss unot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the 'insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance pro.ceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 3D-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or post)Jone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from. damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agl'eements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lemler's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over .this Security Instl:'ument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make reparrs. Although Lender may take action under this paragraph 7, Lender does not have to do so. . Any amounts disbursed by Lender under this paragraph 7 shaH become additional debt of Borrower se~ured by this Secu.rity Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear mterest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower reqUesting payment. - , ,BOOK 936 PAGE 358 .--... ) ~ ,--, iM-~ ,~ ,,",.- ,""'';; "'""'-- If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, ~Qrrower shall. pay t~e premiums ~uired to maintain the insurance in effect until such time as the requirement for the maurance ternllnates In accordance WIth Borrower's and Lender's written agreement or applicable law. 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shali give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby asaigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by: this Security In!itrument, whether or not then due, with any excess paid to Borrower. In the event ofa partial taking of the Property, unless Borrower and Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by th~ amount of the proceeds multipJied by the following fraction: (a) the total amount of the sums secured immediately berore the taking, diVided by (b) the fair market value of the Property immediately before the taking. Any balance shaH be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to m~e an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is giVen, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount"Df such payments. 10. Borrower Not Released; Forbearance By Lender Not 8 Waiver. Extension of the time for payment or !'l<ldification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in mterest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Successors and Assigns Bound; Joint and Several Liability; Co--signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co~signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted 80 that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principaJ, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shaJI be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to ha:ve been given to Borrower or Lender when given as provided in this paragraph. . 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and th~ law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural p~rson) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period o l' not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to .the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as allplicable law may specify for reinstatement) before sale of the Property pursuant to any pow~ ?f sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditlODS are that Borro~er: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleratIOn occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurre~ in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall contin~e unchange.d. U~on reinstat~ent by Borrower, this Security Instrument and the obligations secured. hereby shall remam fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. WOK 9313 PAGE 359 .;:,..... ~ ~ J ..c" NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to 'acceleration following Borrower's breach of any covenant or agreement in tbis Security Instrument (but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the' default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proteeding and sale of the Property. Lender shall further inform Borrower ultbe right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as speciiJed, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses inCurred in pursuing the remedies provided in this paragraph 19, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 20. Lender in Possession. Upon acceleration under paragraph 19 or abandonment of the Property, Lender (in person, by agent or by judicially appointed receiver) shall be entitled to enter upon. take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected 'by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sherifrs sale or other sale pursuant to this Security Instrument. 23. Purchase Money.Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 24. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 25. Riders to this Security Instrument. If one er more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] D Adjustable Rate Rider D Graduated Payment Rider D Other(s) [specify] D Condominium Rider D Planned Unit Development Rider D 2-4 Family Rider BY SIGNING BELOW, Borrower accepts .and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) execu~ed by Borrower and recorded with it. Witness~,!. _ n ft'\ n ,..~~~~~......,..,....., , ~~...tL~,IJ..."""'''''''''''(Se&) Virg~a E. Taylor ~,i!. _Bo,rnw", ............,......,.............................................................,......(se&) -BDrrower [Space Below This Une For Acknowledgment] ,'\ J, fl d { ')' ......,." April, 1989 '. befor,~'" ....~~\l~.i:-.~~;. , the undersigned offlcer, p~s~J~.7'!\"f.>:,-:;~... 0 appeared Virginia E. ~ .: ~~+?-y 0 :E;':.~~ ~ ,.-:: known to me (or satisfactorily proven) to be the person ~e. ~.',..:1.;,r~)i'.:.iY subscribed to the within instrument and acknowledged that he '.eXa;uJo<ill;t,.;'....,,' the same for the purposes therein contained. \~'..i".;.:':.'~'.'::.,.:~"\..... " .~~ In Witness Whereof, I hereunto set my hand and official seal. Mal/to: York Federal Savings & Loan Assn. 101 S. George St. P.O. Box M-68 York, PA 17405 Attn: Sell/ement Dept. C~lO)\!.NF~LTE OF P~JNSYL~]ANI1\_ COUNTY OF C~Jlu.j!.." d. On this, 17th day the BOOK 936 PAGE 360 , ss: of /!1~f;; ~ ~, .' NDrARY PUBLIC NO~I.~~-_.._... Marilyn Kay Eakin, Notary Publ'lo Mechanicaburg 6tl~'qh, Cumberland County MyCommiss llifBSNov,6,1989 MllmcGI", l'ennsylvanla A$OCiallon of Notaneli RIDER TO PARAGRAPH 18 . I/We, the undersigned, Borrower(s), do hereby agree that the following Rider to Paragraph 18 of the Mortgage/Deed of Trust, executed by me/us this 17 date of April , 19.JiL, shall be effective in accord with the terms and conditions thereof and shall be deemed to be a condition of the Mortgage/Deed of Trust. The term "reasonable .attorney' 5 fees", as set forth in Paragraph 18 hereof, shall be deemed to mean five percent (5%) of the principal due at the ti';'e of foreclosure, or $300.00, whichever is greater. This provision shall be void' in the event this Mort'gage/Deed of Trust is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), or the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing Freddie Mac or Fannie Mae standards and guidelines as a condition of assignment or transfer. (Borrower) BOOK 936 rAGE 362 (SEAL) (SEAL) ~ 'YOrk c~&1~1 101 SOUTH GEORGE STREET P,O, BOX M.68 YORK. PA 17405 ADJUSTABLE RATE NOTE THIS NOTE CONTAINS A PROVISION ALWWING FOR CHANGES IN MY INTEREST RATE. IF MY INTEREST RATE INCREASES. MY MONTHLY PAYMENTS WILL BE HIGHER. IF MY INTEREST RATE DECREASES, MY MONTHLY PAYMENTS WILL BE LOWER, April 17 . 19~ Mechanicsburq . Pennsvl vania City State 502 Hoqestown Road, Mechanicsburq. Pennsvlvania 17055 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 69,600.00 (this amount is called "prin- cipal"j. plus interest, to the order of the Lender. The Lender is YORK FEDERAL SAVINGS AND LOAN ASSOCIATION. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on that part of principal which has not been paid beginning aD the date I receive principal and conti- nuing until the full amount of principal has been paid. Beginning on the date I receive principal, I will pay interest at a yearly rate of 9.5 %. The interest rate that. I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section and Section 4 of this Note is the rate I will pay both before and after any default described. in Section 7(B) of this Note. ,3. PAYMENTS (A) Time and Place 'of Payments I will pay principal and interest by making payments every month. I will make my montbly payments on the first day of each month beginning on .lllT1"" 1 198.9..-. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If on Mav 1 ' , 2019 . I still owe amounts under this Note. I wiU pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at 101 South George Street, P. O. Box M-6B, York. PA 17405, otat a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My initial monthly payments will be in the amount of U.S. $ 585.23 This amount may change to reflect changes in the interest rate that I must pay. The Note Holder will determine my monthly payment in accordance witb Sec. tion 4 of this Note. 4. INTEREST RATE AND MOl\'THL Y PAYMENT CHANGES fA) Change Dates The interest rate I will pay may change on the first day of May 1 , 19~ and on that day of the month every twelve months thereafter. Each date on which my interest 'rate could change is called an Interest Change Date. My monthly payment may change on the first day of Jillle 1 , 19.2L and on that day of the month every tw(=! 1 VP- months thereafter. Each date on whicb my monthly payment could change is called a Payment Change Date. - (B) The Index Beginning with the first Change Date, my interest rate will be based on an "Index." The Index is the "Contract Interest Rate. Purchase of Previously Occupied Homes. National Average for all Major Types of Lenders" published by the Federal Horne Loan Bank Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index." If the index is DO longer available, the Note Holder will choose a new index whicb is based upon comparable infonnation. The Note Holder will give me notice of its choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding QO percentage points ( .90 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by more than 1 .7S percentage points on any Change Date. My interest rate will.not be changed by more than t; on percentage point~ over the life of my loan. The Note Holder will then detennine the amount of the monthly payment that would be 8Ufficient to repay in full the principal I am expected to owe on the Change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (E) Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: Ii) the new interest rate on my loan as of the Change Date; (ii) the amount of my new monthly payment following tbe Cbange Date; (ill) any additional matters which the Note Holder is required to disclose; and liv) the title and telephone number of a person who will answer any question I may bave regarding the notice. " I; Ii I) I :i I' " \! " !! 5. BORROWER'S RIGHL.O PRE;PA Y . I have the right to m8;ke payments of principal at any time before they are dUe. A payment of principal only is kbown as a' "prepayment." When I make a prepayment. I will tell the Note Holder in writing that I am doing so. I may make a full prl:!payment or a partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If 1 make a partial prepayment. there will be no delays in the due dates of my mOl1thly payments unless the Note:Holder agrees in writing to those delays. My partial prepayment will reduce the amount of my monthly payments on the fust Payment Change Date following my partial prepayment. However. any reduction due to my partial. prepayment may be offset by tm interest rate increase. 6. LOAN CHARGES If a law which applies to this loan and which sets maximum loan charges is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (il any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (iil any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Rolder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any of my monthly payments by the end of 15 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5% of my overdue payment of prin- cipal and interest. I will pa.y this late charge promptly but only once on any late payment. (B) Default If I do not pay the full amount of each monthly payment aD the date it is due, I will be in default. (C) Notice of Defalllt If I am' in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date the Note Hold~ may require me to pay immediately the full amount of principal which has not been paid and all the in. terest that I owe on that al1:1ount. That date must be at least 30 days after the date on which the notice is mailed or delivered to tIle. (D) No Waiver by Note Holder Even if. at a tim~ which I am in default. the Note Holder does Mt require me to pay immediately in full as described above. the Note Holder will still have'the right to do 50 if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Hold~ has required me to pay immediately in full as described above. the Note Holder will have the right to be paid back by me for all its reasonable costs and expenses to the extent not prohibited by applicable law. Those expenses may include. for example. reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by mail- ing it by fIrst class mail or l,y delivering it to me at the Property Address above or at a different address if I give the Note Holder a notice of my diffla'ent address. Any notice that must be given to the note Holder under this Note will be given by mailing it by first class mail to the Note Holder at tbe address stated in Section 3lA)' above or at a different address if 1" am given a notice of tbat different address. ,9. OBLIGATIONS OF PERSONS UNDER THIS NOTE ' .If more than one parsCln signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety, or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor. surety, or en- dorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of US together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other peraon who has obligations under this Note waive the rights of presentment and notice of dishonor. . "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. THIS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under. this Note, a Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument") with an Adjustable Rate Rider, dated the same day as this Note, protects the Note Holder from possi- ble losses which might reStdt if I do not keep the promises which I make in this Note. That Security Instrument and Rider describe how and under what conditions I may be required to make immediate payment in full of all amounts that 1 owe under this Note. Some of those conditions are described as follows: "Transfer of the ProPflrty or a Beneficial Interest in Borrower. If all or any part of the Property or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lencier may, at Lender'.s option, declare all the sums secured by this Security Instrument to be immediately due and payable. However, this option shall not be exercised by Lender if exe"rci.se is not authoriZed by Federal law_ "If Lender ex.ercises such option to accelerate, Lender shall mail Borrower notice of acceleration in aceordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Bolt()wer. invoke any remedies permitted by paragraph 18 hereof. "Notwithstanding a sale or transfer. Borrower will con'tinue to be obligated under the Note and this Security Instrument unless Lender has releaseq Borrower in writing." Witness the hand(lj;) and the seal(s) of the undersign ~tn fkt!II4{;:(J7&4.,_ '- u_ -- ISeal} Wl ess {Seall Borrower (Seal) Borrower (Sign Original Only) A_I Now Margin # 1354 _<J ~"" L""", ," ADJlJSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 17 day of April . 1989 and is in- corporated into ancj shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION (the "Lender") of the same date (the "Note") and covering the property described in the 8f!curity Instrument and located at: 502 HOOF.!.!=:tnwn Rro:ln. M~h;:mi r.~hl1'rtJ P/::>nn9.71u::rn;:. 1 ;055 (Property Address) The Note contains provisions allowing for changes in the Interest rate. If the interest rate in- creas~, the Borrower's monthly payments will be higher. If the interest rate decreases, the Borrower's monthly payments will be lower. ADDITIONAL COVENANTS. In addition to the covenant and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 9.5 the monthly payments, as follows: %. Section 4 of the Note provides for changes in the interest rate and 4. INTEREST l/ATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The inter-est rate I will pay may change on the first day of ~:;JY 1 ' 19-5O-. and on that day of the month every twelve months thereafter. Each date on which my interest rate could change is called a "Change Date". My monthly payment may change on the first day of June , 19-2L, and on that day of the mont.h every --:twel.ve..- months therel:tfter. Each dat!;! on which my monthly payment could change is caUed a Payment Change Date. (B) The Index Beginning with the first Change Date, mv interest rate will be based on an "Index." The Index is the "Contract Interest Rate, Purchase of Previousl~ Occupied Homes: National Average for all Major Types of Lenders" published by the Federal . Home Loan Bank Board. The most recent Index figure available as of 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of its choice. (el Calculation of Changes Before each Chan'ge Date, the Note Holder will calculate my new interest rate by adding .90 percentage points ( . 0 %) to the Current Index. The sum will be my new interest rate. My interest rate will not be changed by mOre than 1.75 percentage points on any Change Date. My interest rate will not be changed by more than --2... 00 percentage points over the life of my loan. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay in tu1l the principal I am expected to owe on the change Date in substantially equal payments by the maturity date at my new interest rate. The result of this calculation will be the new amount of my monthly payment. (D) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the tirs!; monthly payment date after the Change Date until the amount of my monthly payment changes again. (El Notice of Changes The Note Holder will mail or deliver to me a notice before each Payment Change Date. The notice will advise me of: (i) the new interest rate on my loan as of the Change Date; (ii) the amount of my monthly payment following the Change Date; mil any additional matters which the Note Holder is required to disclose; and livl the title and telephone number of a person who will answer any question I may have regarding the notice. B. CHARGES; LIENS Uniform Covenant 4 of the Security Instrument is amended to read as follows: 01. Charges; Liens. Borrower shall pay all taxes, assessments, and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2'hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the payee thereof. Borrowet" shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make paym.ent directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument; however, Borrower shall not be required to discharge any suth lien so long as Borrower: (a) shall agree in writing to the 'payment of the obligation secured hy such lien in a manner acceptable to Lender; (h) shall in good faith contest such lien by, or defend against enforcement of such lien in, legal pro- ceedin~s which in the opinion of the Lender operate to prevent the enforcement of the lien or forfeitme of the Property or any part 500K 936 PACE 3~ thereof; or lcl shall secure from the holder of such lien an agreement in a form satisfactory to Lender subordinating such'lien to ;"his security Instrument. If Lender determines that all or any part of the Property is subject to a lien which may attain a priority over this Security In. strument, Lender shall give Borrower a notie:e identifying"such lien. Borrower shall satisfy such lien or take one or more of the ac- tions set forth above within ten days of the giving of the notice. C. NOTICE Uniform Covenant 14 of the Security Instrument is amended to read as follows: 14. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provid- ed for in this Security Instrument shall be gi\ren by delivering it or by mailing it by first class mail to Borrower at the Property Ad- dress or at such other address as Borrower may designate by notice to Lender as provided herein, and (bl any notice to Lender shall be given by first class mail to Lender's addrlass stated herein or to such other address as Lender may designate by notice to Bor- rower as provided berein. Any noUce provid~ for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. D, UNIFORM SECURITY INSTRUMENT; GOVERNING LAW; SEVERABILITY Uniform Covenant 15 of the Security Instrument is amended to read as follows: 15. Uniform Security Instrument; Governing Law; Severability, This form of Security Instrument combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security in- strument covering real property. This SecW:ity Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with ap- plicable law. such conflict shall not affect other provisions of this Security, Instrument or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Security Instrument and the Note are declared to be severable. E. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Unifonn Covenant 17 of the Security Instru.ment is amended to read as follows: 17. Transfer of the Property or a Ben~ficial Interest in Borrower. If all or any part of tbe Propert.y or an interest therein is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Security Instrument to be im- mediately due and payable. However, this option shall not be exercised by Lender if exercise is not authorized by Federal law. If Lender exercises such option to accelerat~, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall 'provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower. invoke any l1m1edies permitted by paragraph 18 hereof. Notwithstanding a sale or transfer, Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has released Borrower in writing. F. LOAN CHARGES If the loan secured by the Security Instrumlmt is subject to a law which sets maximum loan charges, and that law is finally inter- preted so that the interest or other loan chfU'ges collected or to be collected in connection with the loan exceed permitted limits, then: III any such loan charge will be reduced by the amount necessary to reduce the charge to the permitted limit; and (2) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this re- fund by reducing the prinCipal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Note. Ji;~R :~~~~r hQSexecured th~ Ad; (Seal) -Borrower (Seal) -Borrower ISeall .Borrower (Sign Original Only) ^ Il{.<l."r"br~;" f:!;:~!'~:~~~~~~~\~~~i t:;:!'~Jb;~,?g;:'~1::',;~1S ~~:U_~d ;~.r tr~~r(al.,~~~'~~:~~t'":~,:'~~~"'~~,",:~:,',i". d..~L." O:JI, ~."""""'_.';-,_c. ,,"~~ _" ':.'".' """'..".:;,.;:~~I:~ BOOK 936 PAGE 36lf 1353 l-, EXHIBIT "A" .. ALL TBAX CERTAIN lot of ground situate on the East side of the public road leading from Mechanicsburg to Hogestown, in the Township of Silver Spring, County of Cumberland and! State of Pennsylvania, boun4ed and described as follows, to wit: BEGINNING at a point in the center line of the pub~ic road leading from Mechanicsburg to Hogestown aforesaid, where the same intersects the northern line of a proposed 33-foot street; thence along the center line of said public road~ North 02 degrees 26 minutes West, 104.78 feet to a point; thence along land now or formerly of William A. Wolf, North 88 degrees 05 minutes East~ 175.00 feet to an iron pin; thence along land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife, South 01 degree 39 minutes West, 89.00 feet to a stake on the North side of a proposed 33-foot street; thence along the North side to said street, South 82 degrees 40 minutes West, 169.36 feet to a point in the center line of the public road leading from Mechanics- burg to Hogestown, aforesaid, the place of BEGINNING. c~ by a split-level brick dwelling house. BEING the same premises which by their deed dated and recorded in the office of the Recorder of Deeds in and f~ Cumberland County, Pennsylvania granted and conveyed unto Virginia E. Taylor the mortgagor herein. BEING the same premises which Jack E. Hoffman, single man, by Deed dated 1989, conveyed his undivided one-half interest in the premises to Virginia E. Taylor, said Deed to be recorded in the cumberland County Recorder's Office. BOOK 936 PAGE 361 ~ , " """'~ -'.- - ~. 1- ~ __ . , VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I further verify that I am a Sr. Vice President of YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, and that as such, I am authorized to make this Verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. - Dated: 1 \';;lLs. )6D By: ~..--'~--' r~ -~'c. ""I-.; "..:i~ <:>", '" ~~~--~ . ~iIllIi\MIJlIilill!l~ ~-- " 1IOi""". - ,~ - o c 0i~ rnr--:.) 2;: ~---; L~;-- C':>.>" _."- -:::." ~~~j --'; ~-- ,- ~.~- ~;' .:::t -~ '. ~..-J._ ~"""""1iJj <::) C) o '~n _-.J !-':i;1 hl C:7 rS ~rf (5 ~~~ en '0' p, :.0 -< ~ ['.J (~ =-"-'-" -', ~ :::> C0 ~ ~ ;;;, -4 ..c. ?\U(O ~~'8 t r . ~, '!Ill - " ~ "~"~~~,>, .' . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-00531 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YORK FEDERAL SAVINGS & LOAN VS TAYLOR VIRGINIA E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: TAYLOR VIRGINIA E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ARMSTRONG County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On February 14th, 2000 , this office was in receipt of the attached return from ARMSTRONG Sheriff's Costs: Docketing Out of County Surcharge Dep. Armstrong Co. 18.00 9.00 10.00 31.50 .00 68.50 02/14/2000 YORK FEDERAL ~~s~ ~./.....// ~~ R. Thomas Kl ine / Sheriff of Cumberland County SAVINGS & LOAN Sworn and subscribed to before me this J. S~ day of 1~" "'J :2tnn) A. D. ~J-() ~~. prothono ary In The Court of Common Pleas of Cumberland County, Pennsylvania York Federal Savings & Loan Assoc. VS. Virginia E. Taylor No. 20-531 Civil Now, 1/31/00 ,20 00, I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Armstrong County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~( Sheriff of Cumberland County, P A Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ c, 1 ~_ i ~, , ...~ , . - [' ..:..,; ~ "'" L. -"K SHERIFF'S RETURN - REGULAR CASE NO: 2000-00531 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Armstrong County YORK FEDERAL SAVINGS AND LOAN VS VIRGINIA TAYLOR EARLE R. FLOYD , Sheriff or Deputy Sheriff of Pennsylvania, who being duly sworn according to Armstrong County law, says, the within COMP IN MORTG. FORE as served upon TAYLOR VIRGINIA the DEFENDANT at RR#l BOX 217B at 0014:10 Hour, on the 8th day of February, 2000 COWANSVILLE, PA , Armstrong County Pennsylvania, by handing to VIRGINIA TAYLOR, HERSELF a true and attested copy of the COMP IN MORTG. FORE and at the same time directing Her attention to the contents thereof. PAID BY ATTORNEY 9.00 9.00 6.00 .00 7.50 ~ 31.50 02/09/20~~ ~~ ~ to before me Deputy Sher f x~A'D.dOO6 Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn a~ subscribed this Sf day of ~JPlIl ot ry Irsr::_'. 1_. \.'~- ,- "i"~o';~:r~ "~~::J !~,., ,-' ';: ::'_'~ Co'_",ty . :.'~: ,,". ,; Z;, 2[;02 1:;-~~i:;S\;r:'-;~l.1;in~,} ,vc::'tU l\G;oC'iJi;Z;;"I"Or;'~'~::::'ri~ . ~-' ~~ ~ >",~. ,~ ....~ 08565~'0~09;t000- SOS835 Armstrong County Pennsylvania Docket Entries Page 1 2/09/2000 Case No 2000-00531 T YORK FEDERAL SAVINGS AND LOAN (VS) VIRGINIA TAYLOR Date Filed -------------------------------------------------------------------------------- 2/02/00 COMPLAINT IN MORTGAGE FORECLOSURE WITH NOTICE TO DEFEND, TIME STAMPED AT 11: 18 AM. RECEIVED FROM CUMBERLAND COUNTY SHERIFF DEPT. SERVE BY FEB. 27, 2000. 2/08/00 AT 2:10 PM DEPUTY EARLE FLOYD SERVED THE WITHIN NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE UPON THE DEFENDANT VIRGINIA TAYLOR BY PERSONALLY HANDING TO HER AT RESIDENCE, RD#l BOX 217B, COWANSVILLE, ARMSTRONG COUNTY, PENNSYLVANIA A TRUE AND ATTESTED COPY OF SAID NOTICE AND COMPLAINT IN MORTGAGE FORECLOSURE AND INFORMED HER OF THE CONTENTS THEREIN. 2/09/00 RETURNED TO CUMBERLAND COUNTY COPY SENT TO ATTORNEY SO ANS. LARRY R. CRAWFORD, SHERIFF .~ H" ~-~- . ,> LLBt ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 2000-531-Civil vs. VIRGINIA E. TAYLOR Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 1, 2000 10-day Default Notices in the above-captioned matter were mailed to the Defendant Virginia E. Taylor, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. !tk Benjamin F. Riggs, Jr., Esquire (1.0. #72030) Attorney for Plaintiff 101 S, George St., P.O. Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 ,-. .:.L . -J ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 2000-531-Civil vs, VIRGINIA E. TAYLOR Defendant TO: Virginia E. Taylor R.R. #1, Box 217B Cowansville, PA 16218 DATE OF NOTICE: March 1, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS. SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 Tclepho"e, (l1~200 Benjamin F. Riggs,Jr., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext 2309 I.D. No. 72030 "....lll!iiillllliliilllilllllillll '-\illLVi!~b .. .=.~ .. , '.~~~'" ~. -..-. .'~ _._~ .M.:H ~- 0 C> 0 c <::> -n '- ..0- :1"1 c) CD ~ -n nl (ii '''' :'-1i / ::.'J ;= " r I '"1"1 ,"";1 C0 n <:-.) ~~6 -~ ' , [:: ~-=J .. -r -rl _'c g~~ , .",.. . f7~ )> N .~ ~:> ~ =< -,-, '" ~o -< '''e~'~ ~ ~ ,. r '.l , "" . '''. -" ~. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,2000-531-Civil vs. VIRGINIA E, TAYLOR Defendant PRAECIPE TO ENTER JUDGMENT To the Prothonotary: ENTER JUDGMENT in the above case for failure to file, or enter, a timely Answer to Plaintiffs Complaint in Mortgage Foreclosure against Virginia E, Taylor in favor of York Federal Savings and Loan Association for the following: Amount Due Per Complaint. , . , , , , , . . $67,190.16 Interest from 1/13/00 through 9/6/00 (inclusive) at $14,5430 per diem, , , , ' , $ 3,262,64 Late Charges from 1/13/00 through 9/6/00 (inclusive) at $25,02 per month. , , , , , , , $ 205,62 TOTAL AMOUNT $70,658.42 with interest from 9/7/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $14,5430 per diem, from 9/7/00, late charges from 6/8/00 at 5% of the monthly payment amount, currently $25.02 per month, escrow, currently $114,83 per month from 9/7/00, attorney's fees, costs of suit and other charges collectible under the Mortgage; and for any and all other relief as the Court deems appropriate, ,'"I~"'. - - - = .b'-' , , I HEREBY CERTIFY that on March 1, 2000 a 10-day Default Notice in the above- captioned matter was mailed to the Defendant Virginia E. Taylor, by regular mail, postage prepaid, True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference, k? Benjamin F, Riggs, Jr., Counsel Attorney for Plaintiff York Federal Savings and Loan Association 101 S, George Street York, PA 17401 I.D. No, 72030 ~~IL' (II-( , 2000 Judgment entered by the Prothonotary this day according to th tenor of the above statement. kL fL.-j,;,) 11.4 ( I Prothonotary -~ H , , ''', . Please Time-Stamp and Return to me. Thank You: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 2000-531-Civil vs. VIRGINIA E. TAYLOR Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 1, 2000 10-day Default Notices in the above-captioned matter were mailed to the Defendant Virginia E. Taylor, by regular mail, postage prepaid. True and correct copies of the 10-day Default Notices are attached hereto and incorporated herein by reference. B F RItk enJamm . IggS, L, squire (I.D. #72030) Attorney for Plaintiff 101 S. George St., P.O. Box 15068 York, PA 17405-7068 Telephone: (717) 846-8777 X2309 ~2 c. .~ t.-:J '-' ':.:-:--: ~Tl ~ -;::; rn :"~''''' ;':J nl ;f ::::,:1 ~~- ! " ~-n -~ G) ~j~l ';:::.1 Cr~ co. - ~_:_; c ;,~.:, '~,j~ . _0 '-' ?2 'h ,~ " "fi " ES r<'l \Tl ,.I'~' --' '- . ~?~ .~- ::,) ~ :TJ '" ~- ,""~ "--~ " -,,' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION - - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.: 2000-531-Civil vs. VIRGINIA E, TAYLOR Defendant TO: Virginia E. Taylor R.R. #1, Box 217B Cowansville, PA 16218 DATE OF NOTICE: March 1, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YPU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS. SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Fourth Floor Cumberland County Court House Courthouse Square Carlisle, PA 17013 T.'epho"., (71~200 Benjamin F. Riggs, Jr., Attorney for Plaintiff York Federal Savings and Loan Association 101 S. George Street, P.O. Box 15068 York, PA 17405-7068 Phone: (717) 846-8777, Ext, 2309 I.D. No. 72030 ~_1~10il01d1'l!~ ""'_,'~~Mmlli~~-'~~~ O' ~" . '''~.'n rt~__ ~-,,~ umlffi.Ml- , ttJP~ 1- th ~ 6 ~. -0 0 \"' 6 ~ ~ tE;PJ 0 CJ ~, ,- CJ "._, ? ~ -u r/j e nl r--;- .' J . . ~ -,~' ." r , .--, ~] ~, s.c ).., r:: ~,.. . ':.:;.' <., l_." -;j -roo. Z :(~; ,. C) 5> 0 r;? -;-:..j~l C L" :::;:::1 Z J 5S =<! (J"' -< ~, "il . ~ " n_:i . OFFICE OF THE PROTHONOTARY Cumberland County Court House South Hanover and High Streets Mechanicsburg, PA 17013 Telephone: (717) 240-6195 Virginia E. Taylor R.R. #1, Box 217B Cowansville, PA 16218 Date No. 2000-531-Civil RE: YORK FEDERAL SAVINGS AND LOAN ASSOCIATION, Plaintiff VS: VIRGNIA E. TAYLOR, Defendant Notice is given that judgment in the above-captioned matter has been entered against you on April -#-' 2000. PROTHONOTARY OF CUMBERLAND COUNTY By I.>((].do; .> 'i>~ ' Clerk or Deputy If you have any questions concerning the above case, please contact: Benjamin F, Riggs, Jr. (1.0.#72030) Attorney for the Plaintiff 101 South George Street p, 0, Box 15068 York, Pennsylvania 17405-7068 Telephone: (717) 846-8777 X2309 ., ."~ , J I"""!',I' I' I I, I: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,2000-531-Civil vs, VIRGINIA E. TAYLOR Defendant Commonwealth of Pennsylvania County of York Before me, a Notary Public for York County, Pennsylvania, personally appeared Benjamin F, Riggs, Jr., Attorney for the Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the Defendant above named is not in the military service of the United States of America, that he has personal knowledge that the said Defendant Virginia E. Taylor last-known address is R.R. #1, Box 217B, Cowansville, Pennsylvania 16218, Sworn and subscribed before me this 3<:C... day of April, 2000 ."i,m;o F'~ Attorney for Plaintiff LD, No. 72030 6.v-&.4-? (- ("" U IOU ~ Notary Public My Commission expires: Bridget C ~ot<!lriel Seal York a1~'ll;e(j Notary Public ' My CommiSSion EXPlre~UP::;', 22, 2003 - ~'~ ~.~~tIIilllli~_ - , "I _~_"~ - . ",A".., ~_.,' , ,_ "_, 0', w.-" ~ , "~.!_"'4Rf""". " -,. - o c: ,- -urn mfTt z:u zr"" 02. -<L. ~8 ~c:::.: :z: -l -< *101I" ~ '1Jj o a ~ -lj :::rJ ,- ',,' .:j:""" ~ c) r--.,t, ~, ~ ~.~} :b -< :;:) (J' ~ - ." -- I~", , . .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,2000-531-Civil vs, VIRGINIA E. TAYLOR Defendant PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 to 3149 To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Penna,; (2) against Virginia E, Taylor Defendant. (3) and index this writ against Virginia E, Taylor Defendant as a lis pendens against the real property of the Defendant as follows: ALL that certain tract of land, with the improvements thereon erected, situate in Silver Spring Township, Cumberland County, as more fully described in Exhibit A, attached hereto and made a part hereof. (4) Amount due $70,658,42 Plus Costs with interest from 9/7/00 at such rate or rates established by Plaintiff pursuant to the terms of the Adjustable Rate Note currently $14.5430 per diem, from 9/7/00, late charges from 6/8/00 at 5% of the monthly payment amount, currently $25,02 per month, escrow, currently $114,83 per month from 9/7/00, attorney's fees, costs of suit and other charges collectible under the ."tg',,, 00' foe ooy 00' ,II othoc re';e!" tho Coo" 'rem, 'PP.1~te Dated: (\'9'-'1~~ ,2000 ~ Benjamin F. Riggs, Jr., Esquire Attorney for Plaintiff York Federal Savings and Loan Association 101 South George Street York, PA 17401 I.D, No. 72030 - , , . ALL THAT CERTAIN lot of ground situate on the East side of the public road leading from Mechanicsburg to Hogestown, in the Township of Silver Spring, County of Cumberland and Sate of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the center line of the public road leading from Mechanicsburg to Hogestwon aforesaid, where the same intersects the northern line of a proposed 33- foot street; thence along the center line of said public road, North 02 degrees 26 minutes West, 104.78 feet to a point; thence along land now or formerly of William A. Wolf, North 88 degrees 05 minutes East, 175.00 feet to an iron pin; thence along land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife, South 01 degrees 39 minutes West, 89.00 feet to a stake on the North side of a proposed 33-foot street; thence along the North side to said street, South 82 degrees 40 minutes West, 169,36 feet to a point in the center line of the public road leading from Mechanicsburg to Hogestown, aforesaid, the place of BEGINNING, IMPROVED by a split-level brick dwelling house. BEING THE SAME PREMISES which Jack E. Hoffman, single individual, by his Deed date April 17 , 1989 and recorded in the Office of Recorder of Deeds in and for Cumberland County on April 21, 1989 in R~cord ,Book 33-X, Page 173, granted and conveyed unto Virginia E. Taylor, the Defendanfherein. The property is a brick, ranch style, single family home. ~~ "~I!IIiI\ll!lilIiI!lilIMlilail . ~~ Gjljllillli"'""""'" - - ..."-" ~~~~ '~iJuniilililiililo ' ., liiJ . "- 0 0 , , ~ .l: ~ c C) "T) t> ~ ,... ,~ "'" () ...... 'T,JCr! ~ .~ ~ t -0 ~ ~ -ry ft. nlrT ;"',J , . ~ . , . :?...::c' 'TJ ~ ~ . & c (y d 8 LC ,=} 0 0- (D)":::: c.' C -<L. ~~) ~ ~ (\ () r-~ ~ ~~ ~.~~ )::r"- c~ '''(1 I I , ' \-.,.. , t Zf ) <C) ....,~ ,,-'~ I , I -t ~~ >{= ~ ~ ~ & :::::' Z >' f =<' ::::> :D , .... .... en -< , " .. , .. .~ .. ~ , .... ... , , , CL '~,., -. "_~JJ[:I,-__,u,"~, - _-e ~ - .,.".. ^,' ~ ,,~ I j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No,2000-531-Civil vs. VIRGINIA E, TAYLOR Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Virginia E. Taylor R.R. 1, Box 217B Cowansville, PA 16218 TAKE NOTICE: That the Sheriffs Sale of Property (real estate) will be held on September 6, 2000, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a.m. prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land, (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 502 Hogestown Road Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 2000-531-Civil, THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Virginia E. Taylor A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of - ,~ , ~;' Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a judgment against you, It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a Petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2. After the Sheriffs sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause, This petition must be filed before the Sheriffs Deed is delivered, 3, A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions. The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition, If a specific return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: '-1\3\DO J~ Benjamin F, Riggs, Jr. Attorney for the Plaintiff (I.D. #72030) ~~~I_~i;l'\lrill:lil1il" - _ j~"~ "~ _;&J~l<"~A.. J.!lI .J1/i;I 0.' -, .~- ~ " - ~.~~~ !ItioI.~~..~,"~ '" . ~~ .~ - ~-~1~]1lIiI1!!~~ ~ o c <"" -0 fj~ nli-r: Z"T, 655= ~(~~; 2,j '!:>C} . C 2 :;1 , => G"l o D ~ -~ v ;::0 .,-.." :;-;i'~' :r;,.. ~, ~, '0:' -.,;'. ""-~.- ,~ -~ >~ ~ ~-"'~ ' ~ . ~ li\l.i 11 '~"f4~,_" " ..' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.2000-531-Civil vs. VIRGINIA E. TAYLOR Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 502 Hogestown Road Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s). Name Virginia E. Taylor Address RR #1, Box 217B Cowansville, PA 16218 2. Name and address of Defendant(s) in the Judgment: Name Virginia E. Taylor Address RR #1, Box 2178 Cowansville, PA 16218 ~~.~ ~ .~ . .--~ , Affidavit under PA RCP 3129.1 - Page 2 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please do indicate) Name Not applicable. 4, Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) 101 S. George Street, P.O. Box 15068 York, PA 17405 York Federal Savings and Loan Association Mellon Bank, NA P.O. Box 149 Pittsburgh, PA 15230-0149 5. Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained, please do indicate) Not applicable. ,6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A ., "_ J .-" """,",,,~.,-,_b ~', 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, Date: L\ \ ?, \co B~ Att enjamln . IggS, L, orney for Plaintiff I.D. No. 72030 ~~ ~'i!IIIlIlII~1IUIlII ~ .- ,~ ~.., ~ =~ O~~, 'l!IIllIl'<l!iMiIditJi'RlSi'f - o c:: -Or;; m,.--;.-, z" 2:(' !::'J';: r~t:;- ~,-,.~ ~() 5Cl ~ /-'. :< ~, ". L..:...i.i " -",- o o ~ :::J ......} \.~ -h ij j--: ,:~;;~ {",:,;-, __;I j~:'j ;:~~,rll ::.::'5 ::0 -< .~ :r:h a :::::> (n 11 . " STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } ss. Robert P Ziegler I, ________________________________________ ______________________________________ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which h______________ Mellon Bank N A . _ _.. _ __ __ _ __ __ _ __ __________ __~_ _ __ _ __ ___ __ _______ _ ___ __ ___ _____ __ _____ __ _ __ _____ _____ _ IS the grantee the same having been sold to said grantee on the n___?~_~_h___________n___nn_h___u___h__ day of ____~:_r:::~_~~:n___mhn_______nm_ A. D., l~~_~~~h' under and by virtue of a WriLmhm_____ Execution . 14th _ _... _____ ___ __ ___ __ _____ ___ __ _ __ __ _ __ ______ _ _____ ISSued on the _ __ ___ __ __ ___ _______ __ __ __ __ ______ ___ day of __h_:!'P..r:!~__h__n_n_n_ A. D., ~_~QQQ_" out of the Court of Cornman Pleas of said County as of __,___ n h__Q~yj._~ n_ __ ___ _h _" ____n _ _h_______ ________ _ __n___h __ n n __ n _____ Term, I~QO.Q. , ~: Number _Q~L___n____, at the suit of ____TnnYm:JLF.eJleraL_Sayings..EdLn A"''''oc____------h---- _ __m____________ _______m _____ __ againsL _ n m____':.___ h____n_____~ ~!_~~~~_~_ ~_ !..a.y ~?!:.___ is duly recorded in Sheriff's Deed Book No. ___.?_~~n_n' Page __11________. IN TESTIMONY WHEREOF, I have hereunto I set my hand and seal of said office this ___h______ day No tI (2y<'>fv ,;2 fT7Ii) of ______________________________ A. D., -MI:__h___ ~--~--------------------- /' f Recorder of Deeds " <6lf'~ - """""," ''1< , . York Federal Savings and Loan Association -vs- Virginia E. Taylor In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-531 Civil William Diehl, Deputy Sheriff, who being duly sworn according to law, says on July 12,2000 at 4:06 o'c1ockP.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the property of Virginia Taylor located at 502 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for the within named defendant to wit: Virginia Taylor but was unable to locate her in his bailiwick He therefore deputized the Sheriff of Armstrong County to serve the above Real Estate Writ Notice Poster and Description according to law. Armstrong County Return: Earle R. Floyd, Deputy Sheriff of Armstrong County, Pennsylvania, who being duly swom according to law, says the within Notice of Sheriffs Sale was served upon Virginia Taylor the defendant, at 16:10 Hour, on the 8th day of May, 200 at RR#1 Box 217 B Cowansville, Pa, Armstrong County, Pennsylvania, by handing to Roy Rogers, Adult Friend a true and attested copy of the Notice of Sheriff's Sale Real Property and at the same time directing his attention to the contents thereof. So answers: Earle R. Floyd Deputy Sheriff. . 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 the defendant to wit: Virginia Taylor, by Certified Mail Return Receipt Requested, Restricted Deliver, Deliver To Addressee Only to RR#1 Box 217B Cowansville, Pennsylvania, This letter was mailed under the date of July 11,2000 and returned to the Sheriffs Office on July 15 the return receipt card signed by Ginny Taylor on July 13, 2000. R. Thomas Kline, Sheirff, who being duly swom 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 the within named defendant to wit: Virginia Taylor by regular mail to RR#I Box 217C Cowansville, Pennsylvania. This letter was mailed under the date of July 14,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly swom 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 to Attorney Leon P. Haller for Mellon Bank, N.A. for the sum of$ 74,700.00. It being the highest bed and best price received for the same Mellon Bank N .A. of Two Mellon Bank Center, Room AB50, Pittsburgh, P A being the buyer in this execution paid to SheriffR. Thomas Kline the sum of $ 76,394.00 it being mortgage plus costs. ~ ~I jO'()\) 160 Ck 303if? ,~ ~.~ . ........., "h._._ "~ ~ ""'.~, . . , Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Certified Mail Mileage Levy Surcharge Out of County Armstrong County Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 1,494.00 15.00 15.00 30.00 10.00 .50 1.00 5.58 7.86 15.00 20.00 9,00 30.50 200.00 297.95 288.30 23.53 25.00 2fi.2Q $ 2,544.72 Pd By Atty 9/8/00 Sworn and Subscribed To Before Me This 'i'''f:' Dayof ~ 200,A.D.~p Jl'!M,/iJ,.v,~ thonotary So answers: R. Thomas Kline, Sheriff By Real Estate Deputy .; ..L . '~ SCHEDULE OF DISTRIBUTION SALE # 7 DATE FILED October 3,2000 Writ # 2000-531 Civil York Federal Savings and Loan Association -vs- Virginia E. Taylor 502 Hogestown Road Mechanicsburg, P A Sale Date September 6, 2000 Buyer Leon p, Haller for Mellon Bank Bid Price $ 76,394,00 Real Debt Interest from 9/7/00 Ally Writ Costs $ 70,658,42 140.50 Total 70,798,92 DISTRIBUTION Amount Collected Sheriff's Costs Legal Search Credit writ No, 2000-531 with Credit Mellon Bank 76,394,00 2,344,72 200.00 70,798.92 3.050.36 $ 00,000.00 Refund advance Costs 1,000.00 so~/?/ - ~--~ 1~f~ R. Thomas Kline, Sheriff By{Jc:._. J/~ Real Estate Deputy - . . . , , , . ~ . , ~ ~ ~ .........., J."i TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.7 Held Wednesday, September 6, 2000 Date: September 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND MUNICIPAL CLAIMS Possible unfiled Mechanics Liens and Municipal Claims. MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded , 2000, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Randall J. Tasker, single person, by deed dated July 8, 1987 and recorded July 8, 1997 in the Office of the Recorder of Deeds of Cumberland County in Deed Book "U", Volume 32, Page 159 granted and conveyed to Jack E. Hoffman and Virginia E. Taylor, single persons. Being further the same premises ill which Jack E, Hoffman, single man, by deed dated April 17 , 1989 and recorded April 21, 1989 in the Office of the Recorder of Deeds of Cumberland County in Deed Book "X", Volume 33, Page 173 granted and conveyed his undivided one-half interest to Virginia E. Taylor. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the. closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, ifrequired. ~ , ........- "j ii il II , :.1 5. Public and private rights in the roadbed of the road leading from Mechanicsburg to Hogestown, sometimes known as the Hogestown Road. 6, Building and use conditions and restrictions as set forth in the deed of David T. Pipher and Geraldine M. Pipher, his wife, dated August 20, 1957 and recorded August 20, 1957 in the Office of the Recorder of Deeds of Cumberland County in Deed Book "Z", Volume 17, Page 336. 7. No portion of the premises taken by the Commonwealth ofPeunsylvania as set forth in deed of Jack E. Hoffman, recorded on April 21, 1989 in the Office of the Recorder of Deeds of Cumberland County is included in this title report. 8, Mortgage in the amount of $69,600.00 given by Virginia E. Taylor to York Federal Savings and Loan Association dated April 17 , 1989 and recorded April 21, 1989 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 936, Page 357. Complaint in Mortgage Foreclosure filed on January 28, 2000 by York Federal Savings and Loan Association as Plaintiff against Virginia E. Taylor as Defendant in the Office of the Prothonotary of Cumberland County in file no. 00-531. Default judgment entered April 14, 2000. 9. Mortgage in the amount of $45,326.50 given by Virginia E. Taylor to Mellon Bank, N.A. dated April 25, 1997 and recorded September 26, 1997 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1407, Page 68. 10. Subject to obligations for maintenance of private road as imposed by Maintenance Agreement recorded in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Record Book 485, Page 369. 11. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 12. Real estate taxes accruing on and after January 1,2001 not yet due and payable. It is to be noted that no search of Domestic ,Relations Records has been made to determine support arrearages regarding House Bi1l1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ~Li~ Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory, ""'-'=>,..k .. , . " REAL ESTATE SALE NO.7 Writ No, 2000-531 Ci1l1l York Federal Savings and Loan Association vs, Virginia E. Taylor Atty,; Benjamin F. Riggs Jr, ALL TflAT CERTAIN lot of ground situate on the East side of the public road leading from Mechanicsburg to Hogestown, in the Townsmp ofSiIver Spring, County of Cumberland and State of Pennsylvania. bounded and described as follows, to wit: BEGINNING at a paint on the cen- ter line of the public road leading from Mecbanicsburg to Hogestown aforesaid, where the same intersects the northern line of a proposed 33- foot street; thence along the center line of said public road, North 02 degrees 26 minutes West. 104.78 feet to a point; thence along land now or formerly ofWilllam A. Wolf, North 88 degrees 05 minutes East. 175.00 feet to an iron pin; thence along land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife. South 01 degrees 39 minutes West. 89.00 feet to a stake on the North side of a proposed 33-foot street; thence along the North side to said street, South 82 degrees 40 minutes West, 169.36 feet to a point in the center line of the public road leading from Mechanics- burg to Hogestown. aforesaid, the place of BEGINNING, IMPROVED by a split.level brick dwelling house. BEING THE SAME PREMISES whIch Jack Eo Hoffman, single indi- vidual. by hIs Deed dated April 17, 1989 and recorded in the Office of Recorder of Deeds in and for Cum- berland County on April 21, 1989 in Record Book 33-X. Page 173, granted and conveyed unto Virginia E. Taylor, the Defendant herein. The property is a brick. ranch style. single family home, "o&llltl ",' ",.,,,* IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.2000-531-Civil vs. VIRGINIA E. TAYLOR Defendant AFFIDAVIT PURSUANT TO RULE 3129,1 York Federal Savings and Loan Association, Plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed to following information concerning the real property located at 502 Hogestown Road Mechanicsburg, PA 17055 1. Name and address of Owner(s) or Reputed Owner(s), Name Virginia E. Taylor Address RR#1,Box217B Cowansville, PA 16218 2. Name and address of Defendant(s) in the Judgment: Name Virginia E. Taylor Address RR #1, Box 217B Cowansville, PA 16218 , . - ~~'! " Affidavit under PA RCP 3129.1 - Page 2 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please do indicate) Name Not applicable, 4. Name and address of the last recorded holder of every mortgage of Record: Name Address (if address cannot be reasonably ascertained, please do indicate) 101 S. George Street, P.O. Box 15068 York, PA 17405 York Federal Savings and Loan Association Mellon Bank, N.A. P.O. Box 149 Pittsburgh, PA 15230-0149 5, Name and address of every other person who has any record lien on their property: Name Address (if address cannot be reasonably ascertained, please do indicate) Not applicable. .6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) South Hanover and High Streets Carlisle, PA 17013 Cumberland County Tax Claim Bureau 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please do indicate) N/A . ""-:'.,;, " 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. Date: q\?-'\I-tl Be"jam;" &,., Attorney for Plaintiff I.D, No. 72030 - , "C , .. .'-',-'c ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ACTION - MORTGAGE FORECLOSURE YORK FEDERAL SAVINGS AND LOAN ASSOCIATION Plaintiff No.2000-531-Civil vs, VIRGINIA E, TAYLOR Defendant NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.2 TO: Virginia E. Taylor RR 1, Box 217B Cowansville, PA 16218 TAKE NOTICE: That the Sheriff's Sale of Property (real estate) will be held on September 6, 2000, in the SHERIFF'S OFFICE, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013 at 10:00 o'clock a,m, prevailing time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 502 Hogestown Road Mechanicsburg, PA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed to 2000-531-Civil. THE NAME OF THE OWNERS or REPUTED OWNERS OF THIS PROPERTY ARE: Virginia E, Taylor A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or governmental or corporate entities or agencies being entitled to receive a part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed, Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of '" - ~, . '. Common Pleas of Cumberland County, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, It has been issued because there is a judgment against you, It may cause your property to be held to be sold or taken to pay the judgment. You may have legal rights to prevent your property from being sold or taken to pay the judgment. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: L You may file a Petition with the Cpurt of Common Pleas of Cumberland County to open the judgment if you have a meritoriolJs defense against the person or company that has entered judgment against you, You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you, 2. After the Sheriff's sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County at one of the Court's regularly scheduled Business Court sessions, The petition must be served on the attorney for the creditor or on the creditor at least two business days before presentation to the Court and a proposed order or rule must be attached to the petition, If a specifiC return date is desired, such date must be obtained from the County Commissioner, Cumberland County Courthouse, South Hanover and High Streets, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. Date: L\\3\DO JIc Benjamin F. Riggs, Jr. Attorney for the Plaintiff (1.0. #72030) ~__ ~ '0' . ALL THAT CERTAIN lot of ground situate on the East side of the public road leading from Mechanicsburg to Hogestown, in the Township of Silver Spring, County of Cumberland and Sate of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the center line of the public road leading from Mechanicsburg to Hogestwon aforesaid, where the same intersects the northern line of a proposed 33- foot street; thence along the center line of said public road, North 02 degrees 26 minutes West, 104.78 feet to a point; thence along land now or formerly of William A. Wolf, North 88 degrees 05 minutes East, 175.00 feet to an iron pin; thence along land now or formerly of David T. Pipher and Geraldine M. Pipher, his wife, South 01 degrees 39 minutes West, 89.00 feet to a stake on the North side of a proposed 33-foot street; thence along the North side to said street, South 82 degrees 40 minutes West, 169.36 feet to a point in the center line of the public road leading from Mechanicsburg to Hogestown, aforesaid, the place of BEGINNING. IMPROVED by a split-level brick dwelling house. BEING THE SAME PREMISES which Jack E. Hoffman, single individual, by his Deed date April 17, 1989 and recorded in the Office of Recorder of Deeds in and for Cumberland County on April 21, 1989 in Record Book 33-X, Page 173, granted and conveyed unto Virginia E. Taylor, the Defendant herein. The property is a brick, ranch style, single family home, - ~ ~. ,~ 't ~ " .~ . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO, 00-531 CIVIL Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt. interest and COSt8 due York Federal Savings and Loan Association PLAINTIFF(S) from Virqinia E. Taylor, 502 Hoqestown Road, Mechanicsburg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Spp T ""g" 1 DeRcri pton i i" (2) You are also directed to attach the property of the defendant(s) not levied,upon.in the possession of GARNISHEE(S) as follows: '_i:" ir;. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoinecffi'om paying any debt to or for the account of the defendant(~l' antffrom delivering any property of the defendant(s) or otherwise disposing thereof; , . (3) If property\ofthedefendant(s~h.oJle1liequponan subjectto attacl;unent is found in the possession of anyone other than a named garnishee~ you a{e directed 10 notlfyhimlherthat he/she has beenaddeo as agarnisl1~ andisenjoined as above stated, % LL Due Prothy Other Costs $.50 $1.00 AmounlDue 70,658.42 Interest from 9/7/00 Atty's Comm Atty Paid $140 "0 Plainmt Paid Date: I'Ipri 1 1 4. 2000 Curtis R. Lonq Prothonotary. Civil Division h\l.: arv,... J 2- ~~~r-' Deputy REQUESTING PARTY: Name Beniamin F. Riqqs, Jr, Esq. Address: 101 South Georqe Street York, PA 17401 Attorney for.: Plaintiff Telephone: 717-846-8777 Supreme Court 10 No. 72030 "'tjlilillllti1rHli__' ...0" I. ~.-~~~ ~' ,~ "~,',- - ~ . .. .. ,- ~ . REA[ ESTATE SALE No. l' vil ~ / '(. N-rO the sheriff levied upon the defendants interest in the real property situated in.J~, .. ~ ~ :?:...tp. cumberland County, Pa., known and numbered as: ,!",~~ IJ.~ i-,t.. /(f1ut-"AO"~f and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 'l""'~~. J'l~ B~m~ ~ e I::U;J ICi:i'iJ c=::w G:e> 1iiiQ. ".- ", ;'-'. . I", J_! \ ~ ! '1' C ;'1 t',c, Itu~;;~ "'''"' ,; - ":;..:J-\J:;n:, :; '~:.'- .:: ,1,i.lO '~.'." . "~- .~~"~ . ~~. J,'. ,. ~ ,~ ~ , ........ -~ -, " REAL ESTATE SALE NO.7 Writ No, 2000-531 Civil York Federal Savings and wan Association vs, VirgiIlJa E. Taylor Atty,: Benjamin F, Riggs Jr, ALL TIfAT CERTAIN lot of ground situate on the East side of the 'public road leadlng from Mechan1csburg to Hogestown, in the Township ofSUver Spring, County of Cumberland and State of Pennsylvania. bounded and described as follows, to wtt: BEGINNING at a point on the cen- ter line of the public road leading from Mechan1csburg to Hogestown aforesaid. where the same 1Iltersects the northern line of -a proposed 33- foot street; thence along the center line of sald public road, North 02 degrees 26 minutes West, 104.78 feet to a pOint: thence along land now or formerly of William A. Wolf, North 88 degrees 05 fn1nutes ~ast, 175.00 feet to an iron pin; thence along land now or formerly of David T. Pipher and Geraldlne M, Pipher, his wtfe, South 01 degrees 39 minutes West, 89,00 feet to a stake on the North Side of a proposed 33-foot street: thence along the North side to sald street, South 82 degrees 40 minutes West. 169,36 feet to a point in the center line ofllie public road leading from Mechanic:s- burgto Hogestown, aforesaid, the place of BEGINNING. IMPROVED by a split-level brick dwelling house. BEING THE SAME PREMISES which Jack E. Hoffman, single indJ- vidual. by his Deed dated April 17, I 1989 and recorded in the Office of Recorder of Deeds in and for Cum- . berland County on April 21, 1989 in Record Book 33- X. Page 173. granted and conveyed unto VirgiIlJa E, Taylor, the Defendant herein. The property is a brick, ranch style. single family home, ~~ ~.... "~~~ -~ilI!i1~-' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the following dates, V1Z: 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 ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. I . - Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 11 day of AUGUST. 2000 NOTA siAL LOIS E, SN'/Ofll. NoJOry PUblic Cartiole Ioro. eumi>erta..d~. pA My Com....on Eiop;..Matt~ 5.2001 '.".R LEST~ S LE ,7 , W'rilNo. 2000-531 "" ',,~ Civl1Term ~ YbiI! FocItiiDl Savings and ~~'-:l.pan ASsociation ~;-' ..~ ;r;in1lf,i-"" ~"..~....~:en)8iiilnFj,ggs, Jr, ~-, . - ~-, DESCRIPTION - L THAT CERTAIN lot of ground situate East side of, tpe 'public road leading echatlicsburg to 1iogestov.'1l,. in the ip 'of Sliver Spring, County of : timbtrland and State of Penns\1\'ania, ';":'~:Rrn'&d--and described as follows. (0 Wit: &- '~JN~ING at a point on the cenrer line -~- c;t...~ "e' public fO<la iil:ading from .7 . anksourg:' to 'Hogestown aforesaid. - m~ .Hie same intersects the northern line of .11lro~sed 3~foot 'street, thence along the ~_~~n~"ot saidpublk road, ~ortn 02 ~~ ,26 -mmutes West, 104,78 feet to. a g.,n, t.:Jhen, ("e along land nOW or fonnerly of ~" Jllijlm A- '\o'\i'o!f. North ,88 de~ 03 minutes - ~7S:00 feetloan Iron pm; thence along ,LOO nOw' or' fohrte~' of David T. Pipher ana . ~ ne M. Pipher, his wife, South 01 39-tnmutes West; '89,00 feet to a stake ~orth.side of a proposed 33-foot street; " ong ~he No~h side to said street. '"'"' tl\82 aWe<> 40 mmutes West, 169.36 f..t Efu:..'lpoinriJi the center line of the public road J[~&JrQm Mecltanicsburg to Hogestovm, ~tOf~il!c{:_~e 'place of BE~dNNlNG. t~Q1E_~~~I~-I,(,\'elbrkkdwemng -aElNGTHE SAME P~EMI5E5 which Jack ~o1triiari, single individual, b\' his Deed ~1fu":':Ap'ri117. 1989 and recorded in the Offke ~R,e.coJ~e_r of Deeds in and for Cumberland . . , in .April n, 1989 in Record Book 33-->:,. __ granted and convej'ed unto Virginia - r, the Defendant herem. , , -ity'~. brick, randt style, single me. ~__-=-'__'':'''--:''_::.c~!'_~,'--:.~'''-'''-...!._'o..__ ~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Undernel No. 587. nooroued 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 af 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) of August 2000, Tha.t 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 Miillaneous Book "M", Volume 14, Page 317, 0 L PUB ~~Cp~ TIO N swo~-~-~~~~:~~:r~~~-t.;;~~-~~--~-;~~-~;y---~:--~-;~o~-~~~ S ALE #7 Notarial Sea' Terry l, Ru...". Notary Pu Harrisburg, Dauphin County My Commission Expires June e. Member, Pennsylvania AssocIation at Notaries CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COUR1HOUSE CARLISLE, PA 17013 .' 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 $ 286.80 1,50 288,30 Publisher I 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 Ihat the same have been duly paid. THE PATRIOT-NEWS CO, By...."""".....""""......."'""""......."""........"" ~~ ~ , ~~ ~ '"'. ~ j ~\ . $ 1000.00 advance costs paid 04/14/00 Assessed Valuation $ 8680 Real estate Sale No 7 Arty: Benjamin F. Riggs Jr. WritNo.200-531 Civil Term York Federal Savings and Loan Association -vs- Virginia E.Tay1or 502 Hogestown Road 11echanicsburg,PA Real Debt Interest fr 09/07/00 Arty's Fee Arty's writ costs Escrow Late Charges $ 70,658.42 140.50 SHERIFF'S COST'S Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County 11i1eage Certified 11ai1 Levy Surcharge Postpone sale Out of County Arfustrong County Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 1494.00 15.00 15.00 30.00 10.00 .50 1.00 5.58 7.86 15.00 20.00 9.00 30.50 200.00 297.95 288.30 23.53 25.00 26.50 TAXES