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Home My WebLink About00-01114 .... CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-011l4 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on May 10, 2000 he served a copy of the Notice of Sale attached hereto as Exhibit "A" on the parties listed below. Service was accomplished by depositing the same in the United State.s Mail, First Class, postage prepaid and addressed as follows: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 A copy of the Certificates of Mailing are attached hereto as Exhibit "Ell. YOFFE & YOFFE, P.C. B~~~~ 2J~:/R N. YO#E,. ESQUIRE Attorney for Pl~intiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\certificate of service " 0 ,0 0 c: 0 --n s:: '- :::::f -ow c:::: ,;-:~ m93 :;;c :z: . 1 -~)G1 :z~ ...0 7;:,0 ~'2: C).J.., ~'-~" ~CJ -c -r 1"1 ---.-, ~O :::<<: (JO :z: . ~8 '- Om ., s;! ~ t.n :J;J c:> --. - CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-0111.4 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Terry W. McDilda, defendant and owner (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants:. YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 2000-0111~ in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto. and made a part of this notice. Said public sale will occur in the Commissoner's hearing room in the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the. price is "grossly inadequate". However" if you wish to exercise your rights" you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: EXHIBIT_"A" Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after tl:;l<;! sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in bis office and on th~ real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you,_ The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire cont<;nts of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. Date: YaFFE & YOFFE, P.C. BY~/l7.Ji O'tF N, YO E, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\notice of sale EXHiBIT "A" ~ DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2000-01114 Judgment Amt: $14,951.15 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN tract of ground situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an existing iron pin at line of lands of Conrad W. Wagner; thence along line of lands of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in plan Book 39, Page 135, North 72 degrees 14 minutes 22_ seconds east a dis_t.ance of 200 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, south 13 degrees 11 minutes 15 seconds east a distance of 407.14 feet to an iron pin set; thence along lands of Nelson Minnich, north 69 degrees 7 minutes 26 seconds west a distance on 200 feet to an existing iron pin; thence continuing along. same, north 20 degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINING 1.4193 acres in accordance with. a survey made by Larry V. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to Terry W. McDilda pursuant to deed recorded in Cumberland County Record Book 182 Page 194 dated July 23, 1998 and recorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No, 2000-01114. citifinancial\mcdilda\execution\description of property EXH1B\T "A" . . v U.S. POSTAL SERVI E CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INrERNATICf~'AL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R,eo',,' F,om YOFFE & YaFFE, P.C. 214 SENATE AVENUE, SUITE 203 CAMP HILL, PA 17011 PS Form 3817, Mar. 1989 -~ U.S. P STAL SERVICE CEBTIHCA E OF MAILING MAY BE USED FOR DOMESTIC AND INTERNA-nONAl MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R,eo',,' F,om, YOFFE & YaFFE, P.C. 214 SENATE AVENUE. SUITE 203 CAMP HILL, PA 17011 pH. (Ii Ii l:J/tJ-Hj;jij Affix fee here in stamps Qr .,,"'tp.r nC'l$ts'1f'1 "Ind ~~lIf-.!~!,!~?ELL _ ~~ ~ Affix fee here in stamps or JTIp.t"!r l"osta'1'" <Jl"d ~ )n.LY"lVtrI:9HEll" ,. PS Form 3817, Mar. 1989 u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND :NTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMAS.,JER Roo,',,' F,om, YaFFE & YaFFE, P.C. 214 SENATE AVENUE, SUITE 203 lJAMP HILL, PA 17011 r: I. {717j 1375-1S38 PS Form 3817, Mar. 1989 EXHIBIT "B" Affix fee here in stamps or fYlpt~r I"O<l.t"l"'P ~"'d -Biu.y-MtTCHEIl. - ,f -=--- It . > ~ . '. " ~~. r .(") 0 c c::: 0 --" $;: <- .-.-! '"Den = '~',:~:~ ~9:1 :z 65;;; I -'~'"7 \.0 ; ", i -< .z: :':::j~ \<;0 -U ~~~.; ~() ::J:: )>0 - .. ('-3m ~ .,-< :n "'" =< .... ~ CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE AMENDED AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 273 North Middleton Road, Carlisle, Pennsylvania, per further description attached hereto as Exhibit lIAIl: 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: CitiFinancial Servig~ST Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorq:ed holder of every mortgage of record: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 "' 5. Name and address of every other person who has any record lien Qn the property: ADDRESS: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 6 . Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: ADDRESS NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ADDRESS Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herei~.are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. YOFFE & YOFFE, P.C. DATED: ~~~ ESQUIRE Attorney for Plaintiff 214 Senate Avenue,Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\amended aff3129 "',-< , DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2000-01114 Jungment Amt: $14,951.15 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN tract of ground situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an existing iron pin at line of lands of Conrad W. . Wagner; thence along line of lands of Conrad W_ Wagner, shown as Lot 2 on plan of lots recorded. in Plan Book 39, Page 135, North 72 degrees 14 minutes 22 seconds east a distance of. 200 feet to "aniron pin set; thence continuing along lands of Conrad W. Wagner, south 13 degrees l~ minutes 15 seconds east a g.istance of 407,14 feet to an i.ron pin set; thence along lands of Nelson Minni.ch, north 69 degrees 7 minutes '26 seconds west a distance. on. 200 fee.t to an existing iron pin; thence continuing along same, north 20 degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place oC8E:GINNING. CONTAINING 1.4193 acres in. ,,"-ccordance with a survey made by ~arry V. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to Terry W. McDilda pursuant to deed recorded in Cumberland County Record Book 182 Page 194 dated July 23, 1998 and recorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No. 2000-01114. citifinancial\mcdilda\execution\description of property EXHIBIT VJ AVP .. CJ 0 0 c:: 0 -'1 s:: ".. .--1 -om c ;,~:o rT11'7< GJ :.",S Z:O Z~ ..,~ ~r.r 0::> ~o -0 =:;j,; 0::0 >'0 ::;;; ZO Zo am Pc:: ?i5 z U1 ~ -< , CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on July 31, 2000 he served a copy of the Notice of Bale attached hereto as Exhibit "A" on the party listed below. service was accomplished by depositing the same in the United States Mail, First Class, postage prepaid and addressed as follows: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 A copy of the Certificate of Mailing is attached hereto as Exhibit liB". YOFFE & YOFFE, P.C. By #Ib; /J7 ~ ~FFRE N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\certificate of service2 CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Terry W. McDilda, defendant and owner (or reputed owner) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HERESY NOTIFIED, that by virtue of the Writ of Execution issued out.of the Court.of Common Pleas of Cumberland County on the Judgment entered to docket number 2000-01114 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will _ expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Sai~public sale will occur in the Comrnissoner's hearing room in the Cumberland County Courthouse, located ~ Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET.HEL~: EXHIBiT "An Cumberland Coun~y Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (BOO)990-9108 YOU ARE FURTHER NOTIFIED that a pJ:"oposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the. said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on .the real estate as well, a handbill notice of the sale, which notice may contain addi tional information concerning the sale and which may be of interest and value to _ you. The Sheriff's handbill must be posted as aforesaid at least 3.0 days l:>",fore the sale. The entire content"! of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. Date: ~~:iE' ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifiD4ncial\mcdilda\execution\notice of sale EXH1BlT "AU , , DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2000-01114 Judgment Amt: $14,951.15 EKecuting Creditor's ~At~y: Avenue, Suite 203, Camp Hill, Jeffrey N. Yaffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN tract. of ground situatE! in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and descriped ~s follows: BEGINNING at an_Existing iron pin at line of lands of Conrad W. Wagner; thence along line of ..land~ of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39, Page 135, North 72 degrees l4 minutes 22 seconds ea",t a distanc<;;o of_ 200 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, south 13 degrees 11 minutes 15 seconds east a distance of 4Q7,14 feet to an iron pin set; thence along lands of Nelson Minnich, north 69 degrees 7 minutes 26 seconds west a distance on 200 fl"et to an existing iron ~pin; thence continuing along same, north 20__ degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINING 1.4193 acres in accordance with a survey made by Larry V. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to TeJ;:ry W. McDilda pursuant to deed record<;;od. i.n Cumberland County Record Book 182 Page 194 dated July 23, 1998.and recorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of T<;;orry W. Mcdilda under Cumberland County Judgment No. 2000-01114. citifinancial\mcdilda\execution\description of property EXHIBIT "An . , , ~ U.S. POSTAL SERVICE... CERTIFICA 1;E OF MAILING MAY BE USED FOR DOMESTIC AND fNTERNATIONAL. MAil DOES NOT PROVIDE FOR INSURANCE POSTMASTER ' Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. YOFFE & YOFFE, P.O. 214 SENATE AVENUE, SUITE mq CAMP HILL, PA 17011 PH. (71 l) 97b-la3ts 0(\ piece of ordinary mail addressed to: UlmhM \t1V1ol Ul.\I"1h.r DlylwsJ.r \:'-1 !\:::DPIn \\e.J\!Nt( ~+- Cal\.\",c::.G- Pi\. nO\3. Received From: PS Form 3817, Mar. 1989 EXHIBIT "8" i~ , > . (") c:; 0 c 0 11 ~ ~ ::;l ;:Rffi Gi m::::.t;;!; Z~. -nm .~ zr.::.:: :'5'T' ~z: ;:')~d !;20 -0 =?" 6-ri ~8 :x 'z~ 5>c S ~ 01 ~ t~ SHERIFF'S RETURN - REGULAR C~SE NO, 2000-01114 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS MCDILDA TERRY W CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCDILDA TERRY W the DEFENDANT , at 0013:26 HOURS, on the 6th day of March , 2000 at 273 NORTH MIDDLETON ROAD CARLISLE, PA 17013 by handing to TERRY W. MCDILDA a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~.16e~~ R. Thomas Kline .. . me this ,J<f!!:;; day of 03/07/2000 YOFFE & YOFFE BY:~ P~/~ Deputy ~er~~~ Sworn and Subscribed to before ~.unro A.D. q'h'. O. ""/1.,l",~ ~ . P othonotary / , < STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ __________________________________________________________~~__________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ Citifinancial Serv Ioc ________________________,..________________________ _________________________,..-----:------ is the grantee the same having been sold to said grantee on the _____l1.!;.!L______________________________________ day of __n____________!?~_s____________________ A. D., 20g_0___, nuder and by virtue of a writ____________n Execution 28th ___ _____ ________ ________ ____ _____________ _______ issued on the _ ____________ _____ __ __ __________ _____ April 2000 day of ____________________------ A. D., ___, out of the Court of Cornman Pleas of said County as of Civil 2000 __________.__...________.._________...__ ___""-____,_,___ _ __ __ ____ ________ _________ _ __ __ ____ _ Term, ll14 Citifinancial Serv Inc ~UInber______________,atthesuitof---------------------------____________________________________ Terry W McDilda - ___ ________ _________________ _______ against__ ________ .....__.__ _____________ _ ____-:-_______ ______ __ ___ is D7 "0 duly recorded in Sherifrs Deed Book No. ____uuu__, Page _u____u___o. I~ TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ___(.!:'..4._ day ._-~-#~ Recorder ~f ~eeds, ~umberland County, Carlisle. PA My Commission ExpIres the first Monday of Jan. 2002 , . r Citifinancial Services, Inc. -vs- Terry W. McDilda In the Court of COmnlon Pleas of Cumberland County, Pennsylvania No. 2000-11]4 Civil . Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, says on May 2,1000 at 7:52 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice and Description in. the above entitled action upon the within named defendant to wit: Terry W. McDilda, by maldng known unto Terry McDilda at 273 North Middleton Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith Deputy Sheriff, who being duly sworn according to law says on July 11, 1999 at 2:45 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description in the above entitled action on the property located at 273 North Middleton Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by regular mail to 273 North Middleton Road, Carlisle, Pennsylvania. This letter was mailed under the date of July 12, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheirff, who being dilly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisk, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock A.M. EST and sold the same for the sum of $ ] .00 to Attorney Jeffrey Y offee for Citifinancial Services, Inc. It being the highest bid and best price quoted for the same Citifmancial Services Inc. of 7467 New Ridge Road, Suite 200 Hanover MD being the buyer in this execution paid to SheriffR. Thomas Kline the sum of $ 825.54 it being costs. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Law Journal Patriot News Share of Bills Distribution of Proceeds 30.00 ]6.]9 ]5.00 ]5.00 30.00 10.00 .50 1.00 6.20 3.29 ]5.00 20.00 20.00 297.95 270.38 23.53 25.00 ( Sheriff's Deed Sworn and Subscribed To Before Me This /9!:' Da.Y 0~7 2001, A.D. ~, a. ~/~ P ot onotary ~ $ 825.54 pd by atty 01/08/01 ?~~A R. Thomas Kline, ~~- By (dLh-" J2cjj' Real Estate Deputy oil .30- ~ ryJ~.,.f"'.\~ ~"V ()V \O\' ?JY ;...;, 'r '" 'Certified As A True CoPy J/VV ot Original Document Flied ! CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 273 North Middleton Road, Carlisle, Pennsylvania, per further description attached hereto as Exhibit ITA": 1. Name and address of oWTIer(s) or reputed owner (s): NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 4 . Name and address of the last recorded holder of eVe_ry mortgage of record: NAME: ADDRESS: CitiFinancial Services, Iric-~- 7467 New Ridge Road, Suite 222 Hanover, MD 21076 '. , 5. Name and address of every other person who has any record lien on the property: ADDRESS: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: ADDRESS None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ADDRESS None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATED: YOFFE & YOFFE, P.C. ctt~f7 z! ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\aff3~29 ..' . DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2000-01114 Jrrdgment Amt: $14,951.15 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN tract of ground Township, Cumberland County, Pennsylvania, and described as follows: situate in North Middleton more particularly bounded BEGINNING at an existing iron pin at line of lands of Conrad W. Wagner; thence along line of lands of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39, Page 135, North 72 degrees 14 minutes 22 seconds east a distance of 200 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, south 13 degrees 11 minutes 15 seconds east a distance of 407.14 feet to an iron pin set; thence along lands of Nelson Minnich, north 69 degrees 7 minutes 26 seconds west a distance on 200 feet to ~ an existing iron pin; thence continuing along same, north 20 degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINING 1.4193 acres in accordance with a survey made by Larry V. Neidlinger, dated JUlY 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to Terry W. McDilda pursuant to deed recorded in Cumberland County Record Book 182 Page 194 dated July 23, 1998 and recorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No. 2000-01114. citifinancial\mcdilda\execution\description of property EXHIBIT "An OFFICE Of' TIH, SH,,!\ll'f CUyr .- ,'" .:.)(IIlH HilY r It 29 ,'; '::J 'J,~i I"', L~ S L:-:-: PENNSYLVANiA , . FILE No. 63405/01 '00 12:39 lD:YDFF~& YOFFE P.C. 71 T 975 1912 PAGE 1 ... CITlFINANcnu:. SERVICES, INC.,' plaintiff IN THE CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY Ii., MCDILDA, Peft':ndant: IN MORTGAGE FORECLOSDRE NO'I.I CE: ?URSg~' ,::!:,~_.p.~:.!,. C. P. 3 ).2 9 TO: Terry W. McDilda, defendant. and owner (or 1:"eputed owner) in the above captioned action and with respect 1:0 real est!>te' hereinafter describedl and all other parties in interest and claimant.a: YOU ARE HEREBY NOrIFIED, that by virtue of the Writ of Execution issued out of the Court .of Common I?leas of Cumberla.nd Coun.ty on the JUdgment entered to dockec l1uml:>er 2000-0111<1. in said County, the real estate described herein will. be exposed to publ~c sale as set forth herein, Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to pubJ.ic sale the aforesaid real estate and improvements thereon erec1;.ed, if any, described in Exhibit HAil at:r.ached .11ereto and made a part: of this notice, Said public sale will occur in the comtniseoner' a hearing room in the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. < YOU ARE AI.,SO NOTIFIED that. you may have legal rights to p~.eveTlt the aforesaid real estate from being sold, including your. r;.ght to file a petition to open, strike or 'set aside the jUdgment entered against. you which permitted this wric to issue, and pe::-haps to prevent a Sheriff's sale. Also, if YO'Llr property is eold, you may have the r:cghc to have tbe sale ae't aside if the price is "grossly inadeqw.ate11. However. if you w5.sh to exercise your riSht.s, you must act promptly. YOU SHOULD TAKE THIS PAPER to YOU LAwYER A'I. OI([CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GC '1'0 OR TELEPHONE 1.m, OFFICE SET FOR1'H IlSI.OW TO FIND OUR WHF.:RE YOU CAN GBT HET..1?: MAY 01 2000 12:52 717 975 1912 PAGE. 01 -" . 'Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800) 990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will.be made in accordance with the said schedule of distribut.ion unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in. full beforehand, or in such amount as the law otherwise requires to stop .the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real.estate as well, a handbill notice of the sale, which notice may contain additional information. concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days be,fore the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this nptice, as fully as though the Sheriff's handbill notice were herein set forth at length. Date: YaFFE ~ YOFFE, P.C. ~~/l7:;;J EFFR N. YGFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\notice of sale ;. DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 2000~01114 Judgment Arnt:$14,951.15 Executing Creditor's ~tty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-+838 214 Senate ALL THAT CERTAIN tract of ground situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an existing iron pin at line of lands of Conrad W. Wagner; thence along line of lands of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39, Page 135, North 72 degrees 14 minutes 22 seconds east a distance of 200 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, s6uth 13, degrees 11 minutes 15 seconds east a distance of 407.14 feet to an iron pin set; thence along lands of Nelson Minnich, north 69 degrees 7 minutes 26 seconds west a distance on 200 feet to an existing iron pin; thence continuing along same, north 20 degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINING 1.4193 acres in accordance with a survey made by Larry V. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to Terry W. McDilda pursuant to deed recorded in Cumberland County ,Record Book 182 Page 194 dated July 23, 1998 and recorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No. 2000-oilI4. citifinancial\mcdilda\~xecution\description of property EXHiBiT !IAn . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-1114 CIVIL :me Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Citifinancial Services, Inc. PLAINTIFF(S) from Terry W. McDilda, 273 N. Middleton Road, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal Description (2) You are also directed to al1<!ch the property of the defendant(s) not levied upon in the possession of ~ARNISHEE(S) as follows: and io notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) ,ind from delivering any property of the defendant(s) or otherwise disposing thereof; . (3) Ifpropertyofthedefendant(s) not levied uponan subject to attachment is found in the possession of anyone other than a named garnishee. you aredire~ted to notify him/her that he/she has been addl'c;I fls agarnisheeand is enjoined as above stated. ~ - ~ - ' ~ ~ Amount Due $14,951.15 L.L. $.50 $1.00 Interest from 4/17/00 to 9/6/00 - $710 .00 ~ m~_ Due Prothy Atty's Comm % Other Costs Atty Paid Plaintiff Paid $100.60 Date: April 28, 2000 Curtis R. Long Prothonotary, CivjJ Division A,,~ ~ 2 ~0?4~J '-- bv: Deputy REQUESTING PARTY: Name Jeffrey N. Yoffe, Esq. Address: 214 Senate Ave., Suite .203 Camp Hill, PA 170~1 Attorney for: Plaintiff Telephone: 717-975-1838 Supreme Court 10 No. 52933 REl\l ESTi\IE SJ\LE'No: d . un /YYlap- I. ~ the sheriff levied upon the dmendah interest in the real property situated in...1f''7 H FJl/- _LlLz~ ~/"M~/.? 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C(,)N-i,';.rI,;i~.Ki 'L'P- ;'.".: :lli{'~ m ,i~.\',r,i,.m'a' ~l-j\t: ,1 '",r','i"" !T,,;((k j'lY L;;r!y 'i:. \,'CidiH'tlyrt. ,k<h:;JJuh ~;" f\:':;~ ~:'1)f~[~:J:i::~:~:;';~:;:!1;~~5;{;~E ;"il d.::li'(j !'t\I\' ;:.t 1;<\j',~' t'i'conk,] ;\Iii 'i:':~.. ~,~':;.;< n.\V1NG T,!:,',. 1",,)[,..1 ~-t:!.o':,.(;.t,!:Z..,:r.'2, '~;~~~:.~t~6~;~~: C:~~:~~~:i;~~:~~!~;~,:;,\l{::~'~~;j't~~~ j~~{;'i~<,;;;i , - THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ret No. 587. Roorooed MaD 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 Commonweaith of Pennsyivania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsyivania, owner and publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published ilt 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 editlons/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to ttle 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 subsequentty duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Mis7neous Book "M", _ vo;:: ~~';:~I: ~ ---~-------------9-~--~------------------------ COpy Sworn to and subscribed before me .s 30th day f Au t 2000 A.D. S ALE #14 Notarial Seal Teny L. Russell, Notary Public Harrisburg, Dauphin Counly My Commission Expires June 6. 200 Member, pennsylvania Association of Notaries CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHQUSE CARLISLE, PA. 17013 RY PUBLIC ommission expires June 6, 2002 .. Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ T~~ $ 268.88 1.50 270.38 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circuiation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By.................................................................... REAL ESTATE SALE NO. 14 Writ No. 2000-0]]]4 Civil Citifinanc1aI Services. Inc. VS. Teny W. McDilda Atty.: Jeffrey N. Yoffe DESCRIPTION OF PROPER1Y TO BE SOLD AlL TIiATCERTAlN tract of ground situate 1n North Middleton Town~ ship, Cumberland County, Pennsyl~ vania. more particularly bounded and desCI1bed as follows: BEGINNtNG at an extsting iron pm at line of lands of Conrad W. Wag- ner; thence along line of lands of Contad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39. Page 135. North 72 degrees 14 nllnutes 22 seconds east a distance of 200 feet to an iron pin set; thence continUing along lands of Conrad W. Wagner. south 13 degTees 11 minutes 15 seconds east a distance of 407.14- feet to an iron pin set: thence along lands of Nelson Minnlch, north 69 degrees 7 minutes 26 seconds west a dtstance of2oo feet to an existing tron pin; thence continUing along same, north 20 degrees, 4 minutes 00 sec- onds west a distance of 281.20 feet to an iron pin, the place of BEGIN~ NING. CONr-AINlNG 1.4193 acres.in ac- cordance with a survey made by Lar- ry V. Neidlinger. d.ated July 8. ]9.98. Being the same premises which Teny W. McDllda. granted and con~ veyed to Terry W. McDUda pursuant to deed recorded in Cumberland County Record Book ] 82 Page 194 dated July 23. 1998 and recorded July 29, 1998. HaVlng Tax Parcel #29-05-0425- 072. To he sold as the property of Terry W. McDilda under cumberland COlID- ty Judgment No. 2000-01114. . , 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 ofthe Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said CountY, -and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 28, AUGUST 4, 11,2000 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations irithe foregoing statements as to time, place and character of publication are true. ~ Roger M. Morgenthal, Editor SWORN TO AND SUBSCRlBED before me this 11 day of AUGUST_ 2000 NOTA l SEAL lOl6 E. SNYD9. Nota')' I'ubllc Carliol. 80"" Cumborland Co<Jmy; PA My Commission Expires Mench 5, 2001 , CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT 'OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO..;2000- ll/Lf CIVIL ACTION - LAW CLu.:L c l~ TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COqRT. If you wish to defend against the claims set forth in ,];che following pages, you must take action within twenty (20) days after this Complaint and Notice aYe served, by entering a written appearance personally or by attorney and filing in writing with theCollrt your defenses or objections to the claims set forth against 'you.' You are warned that if you fail to do SQ the case may proceed without you and a judgment maybe entered against you by the Court without f~ther 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. NOT H1WE A LAWYER OR CANNOT APFORD ONE, GO TO OR TELEPHONE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 IF YOU DO THE OFFICE ,~_., NOT I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas de~ndas expuestas en las paginas siguientes, usted tiene, viente (20) ,dias de plazo al partir de la fecha de 1a demano.a y la notificacioQ. Usted debe presenter unaapariencia escrita.. 0 en persona 0 por abogado y arcllivar en' la corte en forma escrita sus defenses 0 sus objeciones alas demandas en contra de su persona. Bea avisado gue si list.ed no ~e defiende, la corte tomara medidas y puede entrar una orden contra listed -sin .previa aviso b notificacion - Y pOT cualquier 'queja 0 alivio que es pedido en la,peticion de demanda. Usted puede perder, dinero 0' susj?ropiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO Il'illEDIATAMENTE. SI NO TIENE ABOGADO 0 SINO TrENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TBLEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONS-EGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 OR (800)990-9108 CITIFINANCIAL SERVICES, INC., PlaintUJ":_ . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ,;},nrO -I/IY ~ T.L-<- CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE COMPLAINT 1. Plaintiff is CitiFinancial Services, Inc. (CitiFinancial) doing busines.s at 7467 New Ridge Road, Suite 222, Hanover, Maryland 21076. 2. Defendant is Terry W. McDilda an adult individual who resides at 273 N. Middleton RoagJ Carlisle, PA 17013. 3. On April 19, 1999, Defendant executed a written mortgage agreement in favor of. Commercial Credi t Plan Consumer Discount Company in the principal amount of $1_2.,751. 04, the same being recorded on April 21, 1999 in Cumberland .CQunty Mortgage Book. 1535, Page 945, the same being incorporated herein by reference thereto, as fully as though said mortgage were set forth herein as an Exhibit. 4. On September 7, 1999 Commercial Credit Plan Consumer Discount Company changed its name to CitiFinancial Services, Inc. 5. The real estate subject to the mortgage is described and located as per the description in the mortgage and deed attached hereto as Exhibit nAil. 6. Defendant has defaulted in his repayment obligations as per the terms of. the mortgage which mortgage incorporates a loan agreement dated April 19, 1999, for which said mortgage is security, in that he has failed to make the payments due for August 1999 and all payments thereaft.er. A copy of the aforesaid loan agreement is attached hereto as Exhibit "BlI, the same being a written agreement calling for monthly payments determined inEccordance with the loan contract. 7. The total owing as of February 24, 2000 on said mortgage indebtedness is as follows: Principal. . . . . . . . ._.. . . . . . . . . . . . . . . . . . . . . . . . $12,748.16 Interest. . . . . . . . . . . . . . .. . . ._"_0_ ~. . .- .- .- . .- . . _ . . _ .- .- .- 882 .39 Late Charges........... 0 . . . . . . . . . . . . . . . . . . . .. . .120.60 Bad check charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21) . 00 Title Report. . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . .. . . . . .45 . 00 Appraisal. . . . . . .- . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .120.00 Attorney fees....-.. . . . . . . . . . . . . . . . . . . . . . . . . . .. 750.00 Total......... $14,686.15 8. In addition to the above total in paragraph 7, subsequent to February 24, 2000, a per diem charge of $5.00 is _owed by the Defendant. 9. The requirements of Act 6 of 1974, 41 P.S. ~403 and the Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied with in this case by virtue of letters dated and mailed t.O defendant on January 21, 2000, containing information required by said statutes. An exact copy of said notices are attached hereto as Exhibit "C" and Exhibit I1Dll, respectively. 10. To the best of Plaintiff's knowledge, information and belief, defendant is not in the military service as defined and covered by 50 U.S.C.A. App. ~501 et seq. WHEREFORE, Plaintiff requests judgment against Defendant in mortgage foreclosure in the total amount of $14,686.15 (with the in rem limitation as to the real estate herein involved), plus whatever additional interest, late charges, service charges and/or attorney fees which accrue after February 24, 2000 and which may be allowed by the terms of the contract sued upon. YOFFE & YOFFE, P.C. By~/1#- ~FFR N. Y FE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\complaint VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are tru8_ to the best of my knowledge, information; and belief. I understand that false statements herein arema~e subject to the penalties of 18 Pa. C.S. ~4904 relating tounswQrn falsification to. authorities. Dat.e: commerc~al credit \mortgage foreclosure\verif~cation .. . :v-\\~ f, ('- .f ~. ~, ' "1).\ .~ <'4' '. ' After recordulg, return to: C9MMERCIAL CREDIT PLAN CONSUMF.:R DISCOUNT CO. 6520 CARLISLE PIKE SUITE 155 MECHANICSBURG PA 17055 ". !WBERT P. ZIEGLER RECORDeR OF DEEDS CUMBERL.....ND COUNTY-fA '89 AFR 21 PI'I 2 29 ,. .. I MORTGAGE I THIS MORTGAGE is made this TERRY W MCDILDA 19th day of April 1999 ,between the Mortgagor, (herein "Borrower"), and the Mortgagee, COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. a corporation organized and existing under the laws of Pennsylvania address is 6520 CARLISLE PIKE SUITE 155 MECHANICSBURG PA 17055 "Lender"). WHEREAS. Borrower is indebted to Lender in the principal sum of U.S. $, 12,751.04 ,which indebtedness is evidenced by Borrower's note dated 04/19/1999 and extensions and renewals thereof (herein "Note"), providing for monthly installments of principal and interest, widl the balance of the indebtedness, if not sooner paid, due and payable on 04/23/2006 ' , whose (herein TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon: the payment of all other sums, with the interest thereon, advanced in accordance herewith to protect the security of this Mortgage: and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage. grant and convey to Lender the following described property located in the County of CUMBERLAND , State of Pennsylvania: ALL THAT CERTAIN PARCEL OF LAND IN NORTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA AS MORE FULLY DESCRIBED IN DEED BOOK 182 PAGE 194 IDn29-05-0425-072 BEING KNOWN AND DESIGNATED AS CONTAINING L 4193 ACRES IN ACCORDANCE WITH A SURVEY MADE BY LARRY V NEIDLINGER DATED JULY 8 1998 BEING MORE PARTICULARLY DESCRIBED AS A METES AND BOUNDS PROPERTY. . DEED FROM TERRY W MCDILDA AS SET FORTH IN DEED BOOK 182 PAGE 194 DATED 07/23/1998 AND RECORDED 7/29/1998 CUMBERLAND COUNTY RECORDS COMMONWEALTH OF PENNSYLVANIA BEING THE SAME PREMISES CONVEYED TO TERRY W MCDILDA FROM THELMA QUIGLEY WIDOW BY DEED DATED 07/7/1998 AND RECORDED 07/9/1998 AND RECORDED 07/9/1998 IN BOOK 181 PAGE 59. BEING premises which are more fully described in a deed dated the 30th day of DECEMBER and recorded in the Office of the Recorder of Deeds of CUMBERLAND PerUlsylvania, in Record Book 1510 . Volume . Page 123 . EX H I B IT "A" Bood535 PAGE .945 PA 0042-6 3198 Ori.gina1 (Recorded) Copy (Branch) Copy (Customer) 1998 County , Page lofS TERRY W MCDILDA f,'.;, ~.,. c' 201400 04/19/1999 'TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, a~'P'U.rt.enances and rents, all of which shall be d~emed to be and remain a part of the property covered by this Mortgage; and all of the .foregoing. together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." . Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. gram and convey the Property, and that the Property is unencumbered, except for encnmbrances' of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shalI pay to Lender on the day monthly payments of principal and interest are payable under the Note. until the Note is paid in full. a sum (herein "Funds") equal to oue-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrowel shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such holder is an institutional lender . If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or acconnts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is snch an institution). Lender shall apply the Funds to pay said taxes~ assessments~ insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds ang applicable law pennits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of" this Mortgage that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such 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 snms secured by this Mortgage. If the amount of the Funds held by Lender, together with the future montWy installments of Funds payable prior to the due dates of taxes. assessments. insurance premiutns and ground rents, shall ex.ceed the amount required to pay said taxes. as~essments. insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option. either promptly repaid. to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pliY- taxes, assessments. insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessaty to make up the deficiency in one or more payments as Lender may require. Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is otherwise 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 Mortgage. 3. Application of Payments. Unless applicable law provides otherwise., all payments received by Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof. then to interest payable on the Note. and then to the principal of the Note. 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perfonn all of Borrower's obligations under any mortgage. deed of trust or other secnrity agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor cause -to: be paid all taxes. assessments and other charges. fines and impositions attributable to the Property which may attain a priority over this Mortgage. and leasehold payments or ground rents~ if any. 5. Hazard Insurance. Borrower shall keep the improvemeuts now existing or hereafter erected on the Property insured against loss by fire. hazards included within the tenn "extended coverage". and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower snbject to approval by Lender; provided. that such approval shall not be unreasonably witltheld. All insurance policies and renewals thereof shall be in a fonn acceptable to Leuder and shall include a standard mortgage clause in favof of and In a fonn acceptable to Lender. Lender shall have the right to hold lhe policies and renewals thereof. sobject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. EXHIBIT "A" BOOK f.535 PAGE A946 PA 0042.6 3/98 OriginalCRecorded) Copy (Branch) Copy (Customer) , Page 2 of5 TERRY W MCDILDA .,' - ';'-',lr,. " (ji' ',,~',~ '.' ,..-\ \1'" "\,'..l.' _ .z'.l." 201400 04/19/1999 . In the event of loss, Borrower shall give prompt notice to the insurance carrier ami Lender. Leuder may make proof of loss if. not made promptiy by Borrower. . . . If the Prol2"rty is abandoned by Borrower. or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage. or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower. may make such appearances. disburse snch snms, including reasonable attorneyst fees. and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan secured by this Mortgage. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Ally amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment. such amounts shan be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shan require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage. deed of trust or other security agreement with a lien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shan not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law. shall not be a waiver of or preclude the exercise of any such right or remedy. n. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shan inure to. the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower' who co-signs this ~1ortgage. but dOes not execute the Note. (a) is co-signing this Mortgage only to mortgage. grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage. (b) is uot personany liable on the Note or under this Mortgage. and (c) agrees that Lender and any other Borrower hereunder may agree to extend. modify, forbear. or make any other accommodations with regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shail be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property address or at such other address as Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shail be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Ally notice provided for in this Mortgage shail be deemed to have been given to Borrower or Lender when given in the manner designated herein. 13. Governing Law; Severability. The state and local laws applicable to this Mortgage shail be the laws of the jurisdiction in which the Property is located. The foregoing sentence shail not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law. such couflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision. and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein. "costs". "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. EXHIBIT "A" .Bood535 PAGE.947 PA0042.6 3/98 Or.igina~(Recorded) Coi;>y(Branch) Copy (Customer) Page 3 of 5 . "". ,(~Jj: . 20UOO . <ffi' :,',,~, I~.. .;.. ".,;', ".," . .. . 14. Borrower's Copy. Borrower shall be furnished ~ conformed copy of the Note lUld 'or this Mortgage at the time of ex.ec'l'liol). ot: '3.:fte't "teCotdation hereof. < _ , .J ~': 1<"." ",' -.._ . .. , ' , 15. Rehabilitation Loan Agreement. Borrower shaIl fulfill all of Borrower's .obligations under lulY home rehabilitatio~, ~improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option. may require Borrower to execute lUld deliver to Lender. in a form acceptable to Lender, lul assignment of any rights, c!l!ims or defenses which Borrower may have against parties who supply labor, materials or services in connectiou with improvements made to the Property. 16. Transfer of the Property or a Benelidallnterest in Borrower. If all or lulY part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred lUld Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, reqnire immediate payment in full of ail sums secured by this Mortgage. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shaIl provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these soms prior to the expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. Borrower lUld Lender further covenant and agree as foIlows: 17. Acceleration; Remedies. Upon Borrower's breach ~f any Covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due lulY sums secured by this Mortgage, Lender prior to accelerarion shall give notice to Borrower as provided by applicable law specifying, among other things: (I) the breach; (2) the action . required to cure snch breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower. by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the soms secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration lUld the right to assert in the foreclosure proceeding tbe nonexistence of a default or lulY other defense of Borrower to acceleration lUld foreclosure. If the breach is nol cured 011 or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding ail expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and costs of documentary evidence. abstmcts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach. Borrower shall have the right to have lulY proceedings begun by Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the commencement of bidding at a sheriff s sale or other sale pursuant to this Mortgage if: (a) Borrower pays Lender ail sums which would be then due under this Mortgage lUld the Note had no ac~e,Ieration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenSes IDcutred by Lender in enforcing the covenants and agreements of Borrower cOlltained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof. including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cnre by Borrower. this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment or Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect'lUld retain such rents as they become due and payable. Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver sball be entitled to enter upon. take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections 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 Mortgage. Lender and the receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of ail sums secured by this Mortgage, Lender shaIl.discharge this Mortgage without charge to Borrower. Borrower shall pay all costs of recordation. if lulY. 21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or ill an action of mortgage foreclosure shall be the rate stated in the Note. TERRY W MCDILDA 7.1. ~,\i;~ 04/~9/J.999 EXHIBiT "A" BOO~ 1535 rAGE .946 PA 0042.6 3/98 Original (Recorded) Copy (Branch) Copy (Customer) Page 4 of 5 TERRY W MCDILDA .. '" .~.:~f;l\ji ....201400 d.). .,1", "''''_~' ~ "':-"''-:'''_~~<'$:-,-~~1p;;...t:' :-'. ',-, 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that}s in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Subslance or Environniental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 22, "Hazardous Substances" are those subslances dermed as toxic or hazardous substances by Environmental Law and the following substances: gasoline, keroseue, other flammable or toxic petrolenm prodncts, toxic pesticides and herbicides, volalile solvents. materials containing asbestos or formaldehyde. and radioactive materials. As used in this paragraph 22. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. c., ~.):{ 04/19/1999 . REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trUst or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender. at Lender's address set forth on page one of this Mortgage. with a copy to P. O. Box 17170. Baltimore. MD 21203, of any default under the superior encumbrance and of any sale or other foreclosure action. IN WITNESS WHEREOF. Borrower has executed this Mortgage. w;t1)(Lan/J~ ~ TERRY W MCDII.DA L-...- r- fCr--. -Borrower -BotTower I hereby certifY that the precise address of the Lender (Mortgagee) is: 6520 Carlisle Pike Mp-.c~'h_;:t_":1:f ('"~hUTf 'PA 170c;; On: behalf of the Lender. By: A. M. DELLALOGGIA Tide COMMONWEALTH OF PENNSYLVANIA. Cumberland On this. the 19 day of April Gretchen L Horick SCSR County ss: 1999 , before me, the undersigned officer. personally appeared Terry W McDilda known to me (or satisfactorily proven) to be the person whose name instrument and acknowledged that He herein contained. IN WITNESS WHEREOF. I hereunto se subscribed to the within My Commission expires: Notarial Seal Gretchen L. Hoflck. Notary Public Silver Spring Twp., Cumberland County My Commission Expires Dec. 21, 20 Member. Pennsylvania Association 01 Notaries Original (Recorded) Copy (Branch) Copy(Customer) (Space Below This Line Reserved For Lender and Recorderl Commonwealth of pe.un. SY.lvania} _-:-,;;. -<i"~y:',,,<,,,,, coulltyof~M~IC(.-~d ss. \ ..~~~:~;$"B;\~~~\)q '":11 SS-rrt-' "~.t.~'l[!i-~-r;ff>'!:JO..,~:t: /', . . Recorded on this ~ day of -'."h 'r,.~':';'",'l!~;".. ., "~. to. ' . m the Office for Recordmg Deeds of said County. in Mortgagee Book No. ;-/e'f.~, ._;~.-" '"" "~~:~1;~'!S~~~~h:;~.~. l.,?,t,';, ....~. ;.hw,V.,{~~,"'~'~,,' RECORDER '~;l~\-":~~;'f.:<i~~'Ji"~: "~:f;'-'..~"~' j ~~.. ,{"~,., -:.:1b~'-~"l1.~.:~~f: . .., 'l;o.t,< l .l.........!'t('"'l~........!:".. " . EXHIBIT "A" '..-l".~l't.","",;"-'i'"c,:~,,,,..~,. .. 1~.~rl.,...;;t"~td:.~~,tU'~'~:":f ..:. . , ! .",;'{, If..;f..~'(\.',,-''!.<>i'f .,. ~ ,,;-~ 0JI"~'~"""'(~;..r),.~.'- .,-:-' ...... SE'S.\~. _ :.... . PA 0042-6 3/98 .Bood535 PAGE .949 ( I -1:fJ3Pc-- == "(;BUH r> ~1[GLtR :~ ~ '.:0;;1)=:) Of' DEEDS \.,q.!f=EilLMW COUtIH-PA Tax Map #29-05-0425-072 P/'WNU\',1U'(0((D '98 JUL 29 RI'110 n <Il,ig i1hal. mad.." :1"''''- doyo! -SUd-' 1998 ~dfunn TERRY W. MCDILDA Anb TERRY W. MCDILDA !rutin designated as the Granlons). Audit deslX/l.l:lft!d as Ihe Gnl'ltlu{s); llf!fnrueHr. That III considerotioll of ONE AND OO/lOO-----------------------------------~~( $1.00 , OolTa,..<_ inlurnd IJI1id. the recdpl Whtftoj is hereby acknowledged, Ilu: said gramor(s) do(e,f) IU!f(:!Jy groJU mId nl/ll'ey lr1 If It saidgml1la(s), All THAT TRAC~ of ground situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and deseriped as follows: . BEGINNtNG at an e~isting iron pin at line of lands of Conrad W. Wagner; thence along line of lands of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39, Page 135, North 72 degrees 14 minutes 22 seconds East a distance of 200.00 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, South 13 degrees 11 minutes ~5 secohds East a distance of 407.14 feet to an iron pin set; thence along lands of Nelson Minnich, North 69 degrees 07 minutes 26 seconds West a distance of 200.00 feet to an existing iron pin; thence continuing along same, North 20 degrees 04 minutes 00 seconds West a distance of 281.20. feet to an iron pin, the place of BEGINNING. CONTAINING 1.4193 acres in accorance with a survey made by Larry V. Neidlinger, dated July 8, 1998. ~ BEING THE SAME PREMISES which Thelma Quigley, widow, conveyed unto Terry w. McOilda, by deed dated July 7, 1998 and recorded in tbe Recorder's Office in and for Cumberland county, Pa. in Record Book ,Page This is a straw deed from himself to himselfr therefore it is tax exempt. BGGK 182 PAGE 194 EXHIBIT "A" .~ t . -- Anb- lIlt: [airt granfar(s), do(.rs) hereby fu<<rnmt conveyed, specially the {/ro(J/:rry ~(I!reby lit WltlttlJtl' Ehul!af. said gr4n,'l.(s) 110 S ycarjlrstobol'cwrlrun. hCi'CllnlO set his hand a/fd s8I11(s) flle day find ~fgntq, 'tllltD NUD ll.cfl111t1!!l- JIll f~t :J,lrl!l!ienrr (If ~ ~ "'--~ TERRY W. MCDILDA ro~"Q.,,- QIammaufue.m, uf :j/leuuaqIimu!., QIaunlq af ~Ioer-\~,! }.., Du'.".'1o- Oll/liis. the ~-f day of .biforemt~r:,e.--& Jv\~. \G~~ ,lie undtnIg1ud officer. personally appeo.red TERRY W. MtOILDA known 10 me (or sorisfaclorj/y pro...en) to be rile pcrson(sJ whole /lame(s) is subscribed /0 rhe wl/Ilin instrument, and acknowledged that lit: cxecurcd Ihe samlllar tht purpose Ihudf! contarned. ~t1 DUneu lltiIIrrreof. I have kertUnlo sel myllond and notarial seal. MYCOMMrssrONlIKP!RES: _ ~D.-- r ---" NOla,lal$(lal - r Bol'lf'lIBJO De~Ch, NOlaryPubllc Hempclef\ TwP. Cumberland COUllI'( My CommissIon E.pl'c~ Sep!. 25. 2001 _ Membar.~IMsyl\l~rU ~l ollorNOIalu 3" :Muehr,z OItrtlfr,z. rlla//he precise address of/he gralllee(sj lrueillls ~,,,'''''''I',,,,,, ~~. end~ """ . ~~';1':r.;,&,;.< ~~ ,*,-q.~"::t..'r(:ll:~ ..d. :~"~" .",'''',.....\'Z' ''''''''If''';:,1 ~.tI'^W..l',", '.~)' ~\Q ~'.j.! ,~"';.\ ~;'~'. .:-:..~/to .'" . \.~~..~~.~'.:~';;f ~~;fr ":)\ .~,.",'. BOOK 182 PAGE tBS ;;~) \\. r[,\"d"~ (<00<>( C...........\,="'- PA-"O\-'!.. . EXHIBIT "A" ~\\\\ c Tax Map 129-05-0425-072 p^W^"n^"TVOE~D \.,..... <IIliS" :mEED:. m,d,,'" 7th drty 01 July, 199B 'illeUuun THELMA QUIGLEY, widow Anb TERRY W. MCDILOA llucIll d~;rlgnat~d (IS lhl!. Grall/or(s). herein de;rlgllfltedas tflt! GrOIlfi!.e(sJ; 1t'iIilJlutJtH1, ThoJ in considl!.Tol/on oj FORTY TWO THOUSAND FIVE HUNDRED AND XX/lOa ---- ( $42,500.00 D(1U",s, in Iland paid, flie rl!Cdpl whereof is hl!.rcby acknowledged. lire said sromar(.r) do(es) htrt:by grant (lnd conlley III rhe saidgranru(sJ. All ( ~HAT TRACT of ground situate 1n North Middleton Township, Cumberland county, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the side of a private dirt road, at line of land now or formerly of Randall Dagnell; thanes south 70 degrees 8 minutes east a distance of 200 feet to a point;-thence along other lands now or formerly oe North Mountain Democ~atic Club, Inc. in a North Northwesterly direction 400 feet to a point; thence along other lands now or formerly of North Mountain Democratic Club, Inc. in a West Southwesterly direction 200 feet to a point at a pherry tree along the west s!d~ of said private dirt road; thence South 20 degrees 4 minutes East a distance of 200 feet to a point the place or BEGINNING. BEING THE SAME PREMISES which North Mountain Democratic Club, Ihe., a non-profit corporation, conveyed unto Thomas A. _Quigley and Thelma QQ!gley, husband and wife, by deed dated April 1, 1972 and recorded April 18, 1972 in the Recorder's Office in and for Cumberland county, Fa. in Record Book 0, Volume 24, Page 720. AND THE SAID Thomas A. Quigley died , whereupon titl~ vested_unto Thelma Quigley by the right of survivorship. .,; co 5'99"'Bf)l~~!5"'''' .. .~ "~ .. !!i:'l~"- - "'''' ~ , := ,,,.- ~ ;;:. ;~ ~"dl~"~i,~ '" <0 !; \-,' _.,. illJ<_ ~ j "'[ 31 ;:-~, a. .....~ ~~~ il' <:>' , !!l~ - '" n ~ .. c.~ <,' ~ ~ ~ :!: co ~ :;~:-. ~i ~ :~ :;~ " ~ CO> @ ;;j ~ " * '" 59 ;; ii:QK iSimE 5'lt~~...._t:::::r:n:~b1 '" ... ~g~8g~k!~g~~ - EXHIBIT "A" '. Anh Iff~ said grafllor(s), dolts) "~r~by wJtrrunl specially conveyed. llle propertJ flcraby In DftnuB l1l!Ir,U~(l'r. said cranfor(s) !Zlt B hm:m.fr) ,fel her YIl/lrflrstabovcwTllIen. "a"d and sen/fs) the day ami Ji!E.\1nth, ;ltldeh tmb :meIlurr'rtt :In i~e 'rttll!l1tt of T~~~ ~d()'k.' Qlommonfueum, of fenneyhl!ll1iu, Qlonnly of Gmh>r\o-oo.f }ee: On rills, the7th July, 1998 , before nit '\::b(\f" e... ~ Q;-W-.-h daycf the Ilndcrsigned officer, personnTly appeared THELM1\ QUIGLEY, widow krlOwn to me (or snIlsfactorily prtJvcn) to be the person(:) whose nanle(!) is subscribed to tile within instrument. and acknawlcd,ed that s he c;xecutcd the same/or the PUffloSt! therein co/'t/ointd. In llithttlUJ m1ttrenf. 1 have h,:n:lUtIO set my hand rind notarial seal. MY COMM1SSJON EXPIRES: Nl!I~rlaISDlll .~d~O~~ Jtj [)e'~~~~T~:~~~cn'y ~~IUII\~~ ~~p1(l", Sep\. 25. 2001 , ~~~. --. V~~ ~Utl\onO olalas 111enbv t![ullf\l. Ihar tlJ~ precise address oflhe grmlter:(S) herein it ,q;lQ A t="~Q \ "'(' r4.."""," c""'\'.~'- p no 12- - BOOK 181 rAGE 60 EXHIBIT "A" I: ISC osure a ernen ." ,.,ote an~ Security Agreel'~t Borrowel:(s) (Name and mailing address) , Lender (Name, address, city and stale) -. Account No. TERRY W MCDILDA COI~RCIAL CREDIT PLAN 201400 - CONSUMER DISCOUNT CO. 273 N MIDDLE~ON aD 6520 CARLISLE PIKE SUITE 155 Date of Loan CARLISLE PA 17013 MSCHANICSBURG PA 17055 04/19/1999 . ANNUAL PERCENTAGE RATE FINANCE CIL\RGE Amount Financed Tola1 of Payments The cost of Borrower's credit as The d",Uaramoulll lite credit will The amount of credit provided to The amount Borrower will have a yearly rale. cost Borrower. Borrower or on Borrower's behalf. paid after Borrower has made aU 15.0-0 % $ 7,751.46 $ payrnentJ as scheduled. 12.501. 02 $ 20,262.4.8 Payment Schedule: Security: If checked, Borrower is giving a securlty NUOlberof Amount of Wb~!1'Pad':entll interest In: Paymenls PaymelllS [KJ Real Property 8' $ 241.22 MONTHLY BEGINNING OS/23/1999 o Mobile Home or Manufactured Home $ Late Char2e: If a payment is more than 15 days late S Borrower will be charged a law charge of tho greaw; of$20.00 or 10.0 % oftbo payment amount. S Prepavrnent: If Borrower pays off early, Borrower: !E1 will not 0 may bave to pay a penalty, and See the contract documents for any additional information about nonpayment, default will not be e[Jeltled to a refund of ""It of the f"ll1anee charge. any n;quired repayment in full before the scheduled date, and prepayment refunds and Demand Feature' penallles. [KI Not Applicable 0 This obligtltlon has a demand feature. .. D' I St t t --, -.j !.; AdchtlOnallnfonnatlon. ,j I'RINCIPo\l. l;orms I o...rE(."1IMGESBOOm - I , 12,751.04 250.02 04/23/1515151 Insurance Disclosure: Borrower Is !!2l; requIred to purchase any type of Insurance to obtain Credit, unless Borrower grants Lender a security Interest as indicated In this document. In that event, Insurance to protect the Lender's Interest in the collmcn'll may be requIred. Lender's decision to grant credit wUl.ug!: be affected by Borrower's decision to purchase or refuse optional Insurance products such as: CredIt Life Credit Disability, Involuntary Unemployment Insurance, Credit Property Insurance or any other optional Insurance prod~cts. ' InStlrance offered at Lender's office, with the exception of Non.Piling Insurance. will not be provided unless Borrower signs and agrees to pay tba premium cost. The term of coverllge and the premium cost (If certain types of insurance purchued by Borro""",,r are shown below. Additional insurance products, if purchased, wilt have a separate appllcatlon and will be disclosed in oUler loan documents. The initial amount of coverage for Credit Life and/or Credit Property Insurance set forth in Borrower's insurance certificate may be equal to the Total of Payments stated above, md may exceed the amount necessary to payoff Borrower's loan at any given time. Ally excess coverage amount will be paid to the Borrower or to the designate:d beneficiary or to Borrower's estate, as applicable. Borrower acknowledges that, If optional Credit Property Insurance is purchased, Borrower's property coverage under other poUcle!II such as: homeowner's or renter's Insurance may be adversely affected. H this loan Is secured by real property, moblle/manllfactlued home, or a motor 'Vchlcle (IncludIng a recreattonal vehicle), then nre, extended coverage, collision andlor comprebensh.e casllalty Insnrance is required, naming Lender as loss p3Jee, until the loan Is fully paid. The amount of such insurance must be sufficient to satisfy Ule unpaid balance of the loan, or be equal to the value of the collateral, whichever is. less. Such insurance may be provided througll an existing policy or a policy obtained independently and purcbased by Borrower. Borrower may obtain sucb insurance from any insurer that is reasonably acceptable to Lender. If Borrower obtains Automobile Slngle.lnterest Insurance at Lender', office, Borrower acknowledges that such insurance: (I) may cost more than insurance that is available from another insurer; (2) will only protect Lender's interest in the motor vehicle and does not protect Borrower's interest; and (3) does not protect Borrower from claims by other persons. If this loan is secured by personal property, Non.Pi]ing insurance may be required. Termination of Insur3nce: Borrower may cancel any of the optional insurance products obtained at Lender's office at any time. Additionally, if required insurance terminates before the loan is repaid, Borrower promises to obtain acceptable substitute ins\IIllnce. If Borrower Is in default, and Lender demands tliat Borrower immediately repay Ule loan in full. Borrower authori:tes Ule insurer for any and/or all optional insurance products to tenninate sllch policies or coverages upon request of Lender. If any insurance purchased at Lender's office is terminated for any rellson. Borrower authori:zes and directs Umt the insurer deliver the premium refund, if any, to the Lender which may at its option apply it to Ule unpaid balance of the ]t1an or return it to Borrower. Any such application of premium refund will not affect the amount or due date of subsequent payments on the loan, but may reduce \he numbef uf such ?aymell.l$. Borrower should refer 10 Ihe terms contained In Ibe applicable certlncate or polley tssued for the exact description of benefits and exclusIons. Borrower Is encouraged 10 inquire about coverage and refund proTlstons. The regular monthly 10:ln payment withont Insurance: $ 203.74 I/We request the following insurance: ..1/,9/7'7 Cost/Premium.: Insurance Tv_t:!e; Insu~a~~e,.Term (m mos.): ~ ~~.. $ 370.34 '1RUN SINGLE LIFE 60 Firtlt Borrower's Signature D.lo S 622.34 'l'RUN SINGLE DISAB 60 ,,' $NONE ;f,'J $NONE Second Borrower'fl Signature D.lo .,~ .-.:, $NONE 1'., , .".1,' " ~ , r :; ., ., , ., " ;:; ,J ., g ) '1 j :~ ~ In Ulis Disclosure Statement, Note and Security Agreement, !hit word ~Borrower~ refers to the persoos signing below AS Borrower, whether one or more. If more Ullm one Borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan irI (1.111. TIle word ~Lender~ refers 10 the Lender, wllOse name and address ar~ shown above. PROMISE TO PAY: In'reNm (iJ a lo;n _1b~.Bomwer ha;'-~eoitea.1orro~ p~mf:e; "~p.irto~t~~ ~~.thr~pi~ad"" above, plus interest on !hit unpaid Principal balance from the Date Charges Begin shown above> until fully pltid at the (ollowing Rate> of Interest:, RATE OF INTEREST: 14.3208 % per IlnR1nll on the entire unpaid Principal balance, Any amount shown .above as Points has been p.aid by Borrower as points and any lI.DlOunt shown below as II. Buydo'W!!. Pee bas been pllld by a party other than Borrower os a buydown (ee. These amOtlUts are cOClsldered prepaid cbarges and are in addition to the above Rate of ln~reJt. Any Pointll -Of Buydo\\tl Fee are earned prior to .any oUler interest on the loan balance, llCld in the tlVtlClt ofpreptlyment of Ule loan, will not be refulldable to Borrower. $NONE has been paid by a party other than Borrower as a Buydown Fee. Principal and interest shall be payable in the substantially equal monthly installments shOWIlabove, except that a?y appropriau: adjustments ~ilI ~e made 10 Ule firtlt and fmal payments, beglnnlng on the first payment date shoWIlabove and continuing on the ume day 10 each followmg month until paid in full unless Uti, loan is subject to a caB provision as indicated, in which event the fmal payment date ~ay be accelerated. Upon the fmal rllyment date or the acceleration thereof, the entire outstanding balance of Principal and interest evidenced by this Plsclosure Statement, Note and Seenrl,?, Agreement shall be dtle and payable. Ally payment(s) which Lender accepts after the fmal payment date or the acceleratIon thereof do nol constitute a renewal or e:,::tension of Ulis loan unless Lender so detennines. ~I . ... Borrower'sInitials;r~ _ Pcnnsylvanla 25422-8 6/97 original (Branch) Copy{Branch) Copy (Customer) Page I or4 EXHJBJT "B" I. TERRY W MCDILDA 'I "-"j 20UOQ 04/19/1999 Each .payment ~n be applied ~fst to inte~est computed to the dale of payment, with the remainde: applied to Principal. Lender may collect interest from and after ~alunty Rod a~;r II Judgem~nl ~ entered upon the llilpaid Principal blllauce at either the max.imum rate permitted by the thell appUClI;bre law or . t11~ rate of m{eres{ prevlllfmg under tlllS Disclosure Statement. Note and Security Agreelllenl. o If this bpx is checked, the following provlslon applies: CALL: Lender. at its option. may declare any remaining indebtedness immediately due and pllyablCl yeafll after the cb.te of this toan or annllally Ihereafter on the annivetsll!:y of that dale. LATE CHARGE: If any instaliment is paid more than 15 days after the scheduled payment date, Borrower agrees to pay a late charge of the greater of $ 20.00 or 10.0 % of the insta1bnent amount. Leeder may, at its option, waive any late charge or portion thereof without waiving it, right to require a late charge with regard 10 any olher late payment. PREPAYMENT: Borrower may make a full or parlial prepllyment of lhe unpaid Principal balance al any time (check applicable box): [K] without penalty. o if tllis loan is secured primarily by a Mortgage or Deed of Trust on residential real property and 8orrowtlr prepays this lO.tn in full during tho first five (5) rears from the Date of Loan, Borrower agrees to pay II prepayment charge. in addition to any accrued interest and charges. equat 10 aix (6) months mterest on the average balance of the principal obligation oUL~tandillg as of the last business day of each month for tlte prlor si,;: (6) month!, at such lesser period as suall ha.ve elapsed (ram the Date Charges Begin., at the Rate of Interest prevailing under Ihis Disclosure Statement, Note and Security Agreement. If prepayment occurs after five (5) years from the Date of Loan. there win be no prepllyment fee. \Vhen Barrower makes a prepayment. Borrower will tell Lender in a letter that Borrower Is doing so. Lender win use Borrower's prepayments: to reduce the amount of unpaid interest and charges and tlle amount of principal that Borrower owes under tllis Note, If Borrower makes a partial pTepnyment, there will be nt> delays in the due date or eban~s in the amowlts of Borrower'3 monthly paYll1ents, unless Lender agrees In WriWlg to IIOY such delay or change. Borrower understands if the terms of tliis paragraph provide for a prepayment penalty, such terms do oat apply to a. renewal or refmancing of tllis loan by Len(~r, nor to the prepayment of this loan from the procee<b of any loan made in tlu~ future by Lendor to Borro_r, No prepayment cllarge will be collected if the loan is aece]erated due to Lender's exercise of any due on sale clause in the Deed of Trust securing this obligation. SECURITY: This loan is secured by a lien against tho roalproperty located at 273 N MIDDLETON RD CARLISLE PA 17013 See Mortgage or Deed of Trust for tenns applicable to Lender'll interest in Borrower's real property ("Property"). INSURANCE: If Borrower purchases allY insllrance at Lender's office, Borrower urtderstancb and acknowledges that (I) the .inSUJ'lUlCCl eompany may be affiliated with Lender, (2) Lender's employee(s) may be an agent for the insurance company, (3) such employee(s) is not acting as the agent, broker or fiduciary for Borrower au this loan, but may bo the llgent of the insurance compllny, and (4) Lender or tlle insurance company may realize some benefit from the sale of lhat insurance. If Borrower fails to obtain or maintshl any required insurance or fails to designate an agent through whom the illsunmce is to be ohtained. Lender may purchase such required insurallce for Borrower through an agent of Lender's choice; and the amounts paid by Lender will be added to tlle unpaid balance of the [oan. RETURNED CHECK FEES: Lender may charge a fee, not to exceed 520. 00, if. check, ne.gotiable order of withdrawal or share dnl.ft I~ returned fur insufficient funds or insufficient credit. DEFAULT: Borrower wiI! be in default if he does not make any scheduled payment on time or fail~ 10 comply with the provisions of any mortgage on the real property which secures this loan. If Borrower defllu1u, Lender may require Borrowe1 to :repay the e11nro Impaid Principal batance and any accrued interest at once. Lender's failu.re. tQ e.~e.rcise or delay i.n exercising any of its tig11ts when default m:curs does not constitute a waiver of those or any otber rights under tllis agreement. As permitted by Pennsylvania Law, Borrower agrees to pay actual and reasonable attorney's fees, court cools, and other Bctual and reasOtlable costs incurred ill foreclosing on the real property securing this loan. Borrower will receivll written notice at least 30 days prior to foreclosure. LAW THAT APPLIES: Pennsylvania law and federal law, as applicable. govern this Disclosure Statement, Note and Security Agreement. If any pllrt is unenforceable, Ihis will not make any other pari unenforceable. In no event will Borrower be requi:red to pay interest or charges in excen of those pennitted by law. Borrower, endorsers, sureties and gl18rantors. to the extent permitted hy law, severally waiVe tlleir right to requlro Lender to demand payment of amounts due, to give notice of amounts thai have not been paid. to receive notico of any extensions of time to pity which Lender alloW!! to any Borrowar Rnd to reqllire Lender to sll<IW pLtrticular diligence in hringing suit against anyone responsible for repayment of this 10lln. Rnd additional!y, ~lve benefit of homestead and exemption laws now in force or later enacted, including stay of execution llud condemnation. on any property secuong tins loan and waive the benefit of valuatiou ancl appraisement. This Disclosure Statement, Note and Security Agreement shall be the joint and several obligation of all makers, sureties. guarantora and endorserl and shall be binding upon them, tlleir heirs, successors, legal representatives andllsslgns. If any part of the Disclosure Statement, Note and Securlty Agreement and, if applicable, the Mortgage or Deed of Trust and accompanying Itemization of Amount Financed is unenfor<::eable, this will not make aoy Otller pllrt nnenforceable. REFINANCING: Borrower has been advised by Lender that the overllll cost of refmancing an existing loan balance may be greater than the COlli of keeping the e:o;isting loan and obtll:ining II. second !Q,ltD for any additional funds Borrower wishes to borrow. I: I' .' c. i ~~ ~l ;t (Intentionally left blank) ., ~ H*......'f">l.,., ."1 .." ~,..,,~.~ ..,. "~I ;!"'~'_\'~" :r'f'1l"~~'.\'I~t .:,~ ",,~.IIil"'ffl..' "''l<~:,'" 7~. ~ Pennsylvania 25422-8 6197 original (Branch) Copy(Branch) Borrower'sInitlal~ _ copy(Customer) P.ageZof4 EXHIBIT "B" l~ I.'. ~ i; I~; : ~ " j" 'tERRY W MCDILOA r-, ....-.:.. ('.Al ARBITRATION PROVISION: .. . READ TIlE FOLLOWING ARBITRATION PROVISION CAREf1JLL Y. IT LlMITS CER.T AIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO aBT AIN REDRESS THROUGH COURT ACTION. In ~on~ideration of Lender making the clttllosion of credit de~cn"bed abovtl and other good and v.I!ullblll considerations, thll Rlcelpt and sufficiency of whIch IS acknowledged by both parties. it is furUler agreed as follows: !>cfin!t!on;- for ~bltTat.lon Pro~lslon. As wed in /hill' Arbitration Provision. {"ProvJ~on"). &<1 following ckflfli!iOM wilf apply: "Yo~ Of. Y~ur means any or all ofBorrower(s) who ~xecn~e this Pr~vlsioo, and their heirs. survivors, assigns, and representatives, We or Us means, Lender, any assignee, together Wlt!t thell' respective corporate parents, subsidiaries, affiliares, predecessors, llSslgnees, successors, ~plorees, agents, directors. and officers (whether acting in their corporate or individual capacity). Credzt T.ransa~tlon" means anyone or more past, present, or futuro ex-tension, /Ipplication, or inquiry of credit or forbearance of payment such as a Joan, retall credit agreement, or otherwise from any of Us to You. ~<:=laim" ~~a~ any ca~, controversy, dispute, rort, diSAgreement, lawsuit, or claim now or hereafter existing between You and Us, A Claim includes, Wlthout lumtatlOu. anythmg tlJat concerns: . This Provision. Any past, present, or future Credit Transaction; Any past, present, or future insurance, service. or product that is offered in connection with a Credit Transaction' Any documents or instruments Ulat contain information about any Credit Trallsaction, insurance, service, or prod:Wt; or Any act or omission by any of Us regarding any Claim. Agreement to Ar~ltrate Clal,?9. ~pon w.rltten request by either party !hat is submitted according to the applicable rules for arbitration, I/.lly Claim. except. those speCified below Ul 11l1s Provlslon, shall be resolved by binding arbitration in accordance with (i) the Federel Arbitration Act: (iI) the E:o;pedited ~rocedures of the Comml:reial Arbitration Ru(es of tlle Amerlcan Arbitrlltion AssociatJon (~Administrator"); and (Hi) this Provi,'Ilon, unleu we both agree III writing to forgo arbitration. The terms of this Provision shall control an)' inconsistenc)' between the rules of the Administrator and this Provision. You ma)' obtain a copy of the arbitration rule~ by calling (800) 778.7879. Any party to thb Provision mllY bring an action. inclUding Il. summary or expedited proceedillg, to compel arbitration of any Claim. and/or to stlly dIe litigation of any Claims pending Ilrbitr<<do.a, in any court having jurisdiction. Such moti!)n may be brought at any time, even if a CIIlIm is part of Il lawsuit, up until the entry of a fmal judgment. Bxamples of Claims that are governed by this Agreement inCltlde those involving: The Troth in Lending Act am:'! Regulation Z: The Equal Credit Opportunity Act and Regulation B; Slate insurance, usury, and lending laws: fraud or misrepresentation, including claims for failing to disclose material facts; Any other federal or slate consumer protection statute or regulation; An)' party's ellectltion of this Provision and/or willingness to be bOlUld by its terms and provisions; or Any dispute about closing, servicing, collecting, or enforcing II Credit TranSaction. Judgment. Judgment upon any arbitration llward mllY be entered in any- court oavingjurisdJction. Claims Excluded from Arbitration. The following types of mallers will not be arbitrated. This meaos that neither one of us can require the other to arbitrate: . Any action to effect a foreclosure to transfer title to the property being foreclosed: or . Any matter wllefe all parnos :r~k monetary damages in Ille aggregate of $IS,ODO.OO or less in tow! damages (ooropeosatory and punitiv.e), emu. and fees., However. should either party initiate arbitration, the other party, at its option. may seek injunctive and monetary relief in aroltro.tion. Participating in a lawsuit or seeking enforcement of tllis section by a court shall not waive the right 10 arbitrate !lily other Claim. Additional Terms, Administration of Arbitration. Arbitration shall be administered by the Administrator. but if it is unable or unwilling to adminIster the arbitretion, then JOA-M-S/Endispute, Inc. wlU administer any arbitration required under tItis Provillion pursuant to it.'! Streamlined Arbitration Rules and ProceduI'11lS. except for any appeal, which will be govemed by Rule 23 of the Comprehensive Arbitration Rules and Procedures of J-AoM'S/Endispute, Inc. Place of Arbitration. The arbitration shall be conducted in the county of Your residence, utlless all parties agree to another location. Timing of Hearing. The arbltrition heariog shall commence within ninety (90) days of the demand for arbitration made to (be Adminlslrllror- In accordance with its rules. ADDeal. Either You or We may Ilppeallhe arbitrator's award to a Ihrec-arbitrator panel selected through the Administrator, which shaU reconsider ~!!2Y.2 any aspect of the initial award requestcd by the appealing party. The tlJl:pedited prt'ICedures of the Administrator shall ~govem wy appeal. An appeal will be governed by ~u[e 23 of the CompreJlensive Arbitration Rules and Procedures of J'A'M'S/Endispute. Inc. No Class Actions/No Joinder of Parties. You agree that any arbitration proceeding will only con:!ider Your Claims. Claims by or on behalf of other borrowers will not be ai6ftrated m-aoy proceeding tllat is considering Your Claims. Similarly, You may not join with other borrowers to bring Claims in the same arbitration proceeding, unless all of tlle borrowl!rs are parties to the same Credit Transaction. . Limitation on Punitive Damage;. If applicable law permits the a.ward of punitive damages aod the arbitrator aulhorizes such an award, any punitive damages awarded to You or Us may not ex.ceed the greater of $250.000.00 or three tIme$ the amouot of actual compenslltory dam1l8M IlMrded by the arbitrator. DeoosltloDs. After II demand for arbitratlon is made; You and We may conduct a ,Urnited num~er of depositloos by mutual agreement. Any disagreements over depoSITIons wilt be resolved by Ihe arbitrator. Costs. _The cost of any arbitration proceeding shall be divided as follows: -The partY- malting demand upon the Administrator for arbitration shJ:1I pay $125.00 to the Administrator when the demand Is made. We will pay to the Administrator all other cosls for the arbitration proceeding up to a muimum of Olle day (eight hours) of hearlngs. Al! costs of the arbitration proceediog that exceed one day of hearings will be paid by the non-prevailing party. I " In the case of an appell1, the appealing party will pay anY-costs of initiating an appeal. The non-prevailing party alIall pay aU costs', fees. and ~:~~O;:~fs~~~t:~~I;;cre::~~:~ ~~~~~~~~h;:::s~~~~SBan~:~;:~~~~~~: ::e~lsc:%=~~~t~a::I, .': :.~, .~j~' Right of Rescission, You may rescind any Credit Transaction within three businen days after closing by returning all proceeds (if any) JUs with a written notification of Your re,ci~slon, If You rescind a Credit Transaction Witllin Ihnle business days after c1o~ing. You may also rescind this Provlslon as it applies to the Credit Transaction that Y01.l rescinded. This right to caocel the Credit Transaction ls In addition to any other right to cancel a Credit , Transaction You may have unoor Federal or State law, or as may }ave been communicated to You in writing by Us in any loan solicitation, advertisement or otJler marketing related dOCUnlent. Governing. Law. This ~rovjsion is govemed by federal law and by the laws of thl! state where the closing of the Credit Transaction took place, but only to the extent that such state laWll iit COD$1stept,orcompabbte with fedor'BIl1law. "",;;.~.11'~ '~,I~~ '~-'}.' 1~, fiIl,,- ~l f Scverabmty. If the aJb[trator or any court deool'ltl.lnes thst one or more terms of ibiS Provision or thi! arhllratlon roles are unenfOrceable, determination shall not impair or affect the enforceability of !be other provisions of this Agreorn.ent or the- llIbltration rules. .." Special Acknowledgments. ; '," You understand and acknowledge by signing Your name to Ihl!! Provlsloll that: (l) a court audfor jury wlll !!!!!. hear or decIde 8fty ClaIm gm'erned by this Provision, (ii) tlie funding for Your Credit Transaction win <:ome In whole or In part from sources outside thIs state, which wl1l constitute Interstate commerce within the meaning or the VaUed Srates Arbitration Act, ? V.S.C. ~gl.9, (ill) discovery In an arbltration proceeding can he much more lIndted than In a court ptoce.lding, (Iv) the arbitrator may not gIve written reasons for hlsfber award, (v) rights to nppeal an arbitration award are vet'y limited. and (vi) tbe rights of the parties hereunder may not be exactly mutual in all respects. READ TilE ABOVE ARBITRATION PROVISION CAREFULLY, IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN REDRESS TJIROUGII COURT A~TlON. _ -J. ~ .r---'~ TERRY W MCDILDA 201400 04/19/1999 11 ~. .J : ~ ;., l! i: , ,. .. .~ ~ ;\ ~ ,. . ~ ! 'j '0 .. ~ .':1 :!t '. , (s"Q -BorroWer (Seal) -Borrower 'PennsylvanIa 25422-8 6/97 o-riginal(Branch) Copy (Branchl Borrower'slnitia~JLt _ Copy(Customer) Page3or. EXHIBIT "B" (C; .TERRY W MCDILD~ .~ 201400 04/19/1999 The following notice applies only if this box is checked. 0 r""' ..;.) NOTICE ANY 1I0LDER OF TillS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITII THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TilE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR UEREUNDER. -. I.; .: , By sIgning below, Borrower agrees to the te Agreement and, if applicable, the Morlga disbursements stated therein. s oontained herein, acknowledges receIpt of a copy of this Disclosnre Statement, Note ll11d Security or Deed of Trost and of the accompanying Itemization of Amount Financed, and authorizes tbCl .. -:~D: TERRY W WITNESSES: b--- r--- r:;;J..-- MCD:tLDA ,. (Seal) -Borrower ''''0 -8QtTOlWlr (S,'" wBorrower CO~CIt CREDIT PLAN CONSUMER DISCOUNT CO. oJ ; J:umlriAP:f) -:vmf (Na e.andTitle) .; < ---/d~ : .~ ,', r; I; l"j .. i.~ ;.; 'J ~ .. .~ 5 , < ~ ~ , , ~ ';' ., ., 1 ~ :~ ., " ~ \. .. ,t;. .'..r "C.'1ii li.;'i f.~...~ 'l" r;~ " f ~ ':7 l~~ ~~:,~: I,~." ':'~''"l!. ":1~{'~' ...., 1'\ i "~~ :::~ ~ ~ ?~.. .~~.. iIIIil".~~ilMIII't:~~'l'!""';l'Ti:~ !~W~I.'M'~~ ~r'f (f lf~~" :.~~...-,-,_. "''r;-lfjtf'''j~f',~:q , ~'; ....,,:t"i:i. '\,'(';;;~ ,:,<:,~.\_ ,:,;",r~ :~ :~..;, ','," :') ~ ~ ,j ,1 " ~1 .~ " ~ Pennsylvania 25422-8 6/97 Original {Branch} Copy {Branch} Copy {CUstomer} Page4or4 EXHIBIT "Bn Re: Account #38279c201400 January 21, 2000 TO: Terry W. McDilda 273 N. MiddletQQ Road Carlisle, PA 17013 FROM:cit~Financial Services, Inc. 7467 New RIdge Road, Suite_222 Hanover, Maryland 21076 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CitiFinancial Services, Inc. (hereafter we, us or ours) on your property located at 27;>. N. Middleton Road, Carlisle, PA, Cumberland County, PA per CUmberland-County Mortgage Book 1535, Page 945 IS. IN SERIOUS DEFAULT because you have not made the partial monthly payment of $76.60 for the month of August 1999 or the regular monthly payment of $2-41_22 for the montlis of September 1999 through and including December 1999. Title report and appraisal charges have also been incurre~ in the amount of $205.00. Late charges for the months of September 1999 tb..:i;:o:ugh December 1999 have 3ccrued in -the amount of $96.48. The total amount now required to cure this default, or in other words, get caught up in your paYments, as of- January 21, 2000 is $1,342.96_ You may cure this default within THIRTY 130) DAYS of the date of the receipto.f this letta-:>;:, by paying to us. thegj;)ove amount of $1,342.96 plus any additional monthly payments, late charges and other charges which may _ fall due- during this period. If-you cure this default within THIRTY (30) DAXS of receipt of this letter, stich payment must be made _either by cash,gashier' s check, certified c1ieck or money order, and made at 7467 New Ridge Road, Suite 222, Ha-nover, Maryland 21076. -- If you do not cure the default within THIRTY (30) DAYS of the receipt 01' this letter, then after said THIRTY (30) DAYS we intend to exercise our right to accelerate the mortgage p-aymentS. This means that whatever is owing on the original _amount borrowed will be considered due immediately and you may. lose the chance .to pay 6ffthe original mortgage in monthly installments. If .full payment of the amount of def_ault .i.s. -qot made within THIRTY (30) DAYS of the receipt- of this letter, we also intend to instruct our attorneys to - start a lawsui t to foreclose your Illortgaged property. I f the mortgage is foreclosed your mortgaged property will be sold ~y the Sheriff- to pay off the mortgage debt. If we refer your case to our att6ineys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $5.il. 00 . :However, if legal proceedings are started against you, you will. have to pay the reasonable attorney's fees even if they are over $5D.OO.Auy attorney's fees will_ be added to whatever you owe us, which may also inc~ude our :r:.easonable costs.. If you cure the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you do not -CUre the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS, _we may"also sue you personally for the unpaid principal balance and all _other sums EXHIBJT "e" due under the mortgage. If you have not cured the default within the aforesaid THIRTY (30) DA'lnperiod and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default ~d prevent the sale at any time up toone-hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the UJ;).paid montbly payments plus any late or otber charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's sale could be held would be approximately May 22, 2000. A notice of the date of tbe Sheriff sale will be sent to you before the sale. Of course, tbs amount needed to .cure .tbe default will increase the longer you wait. .You may find out at any time. exactly what the required payment will be by calling.us at the following number: (800) 497-23.80. This payment must. be in cash, cashier's Check, certified check or money order and made. payable to us a.t the _address stated above. You should reali~e that a Sheriff's sale will end your ownership of the mortgaged property and your rigbt to remain in it. If you continue to live in the property after the Sheriff sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME TI]:E MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER TBE MORTGAGE ARE SATISFIED) . CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAvE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if. no _default had occurred. However, you are not entitled to this right to cure your default more th~ three times in any calendar year. CERTIFIED MAIL NO_: Z 081 211 351 We'll assume tbe validity of tbis daDt unless you act to dispute it, or any-part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of sucb a dispute (entire or partial), we'll. ol;tain -and mail to you verification of the debt or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor _ This communication is from a debt collector and is an attempt to collect a debt. Any information .obtained from you will be used for debt collection purposes_ citifinancial\mcdilda\act6 EXHIBIT lie" IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE ~OR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Re: Account #38279-201400 Date: January 21, 2000 TO: Terry W. McDilda 273 N. Middleton Road Carlisle, PA 17013 FROM:CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, Maryland 21076 Your mortgage is in.serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least S~y (60) days. The total amount of the delinquency is $1,342 _ 96 as of today's date and is increasing on a daily basis thereafter. That. __ sum includes the following: principal and interest due for August _1999 through and including December 1999 plus title report and appraisal charges. Your mortgage is alsoin default for t.he following reason: N/A YoU may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisioIJ,s Of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements Qf j:h.e Act as determined by the Pennsylvania Housing Finance Agency. please read all of this Notice. It cOl;ltains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage fOr thirty (30) days from the date of this Notice. During that time you must arrange ..and attend .a, "face-to-face" meeting with a representative of this lender, or wi-th a designated consumer credit counseling agency. The purpose Of this meeting' is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next ~birty (30) days_ If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for ~hirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: CitiFinancial Services, Inc_ 7467 New Ri.dge Road, Suite 222 Hanover, Maryland 21076 (800)497-2380 EXHIBIT "0" The name (s) , address (es) and telephone number (s) designated consumer credit counseling agency(ies) is (are): of (a) CCCS of West.ern J'ennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-:1.757 Financial Counseling Services of .Franklin 31 West 3rd Street Waynesboro~ PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Stree.t Harrisburg, PA 17101 (717)234-5925 YWCA of Carlisle 301 G. Street Carlisle, PA 170:1.3 (717)243-381" Community Action Commission of the Capital Region :1.5:1.4 Derry Street Harrisburg, PA 17104 (717)232-9757 It is only necessary to schedule one face~to-face meeting. You shoulci advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the ~omeowners' Emergency Mortgage Assistance Fund. In order to. do thi." , you must fill out, sYgrt and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling . agencies listed above. An application for assistance may only be obtained from a -.consumer credit counseling agency. The consumer credit. counseling ag-encywill assist you in filling out your application and will submit your completed application to the l?e=-sylvania. Housing Finance .l>-gency. Your application must beJ:iled Or postmarked, within thirty (30) days of your face-to-face meeting. It is extremely important. that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against. your home immediately and you will forfeit your eligibility for assistance. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. EXHIBIT "0" It is extr~mely important that your application is accurate an~ complete in every respect. The PennRylvania Housing Finance Agency has sixty (60) days to make a decision after it receives xour application. During that addition~l__time, no foreclosure proceedLngs will be pursued against you if you have met the time requirements as-set .forth above. You will be notified directly by that Agency of its decision on your application. . The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box. .8028, HarrisbllX"g, PA 17105-8028. Telephone Number (717) 780-3800 = 1.-BOO-342-2397 (Eoll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is__call.ed a "Notice of Intention. to Foreclose" _ You must read both notices, since they both explain rights that you now have under Pennsylvania law _ Howaver, if you choose to exercise your rights described in this notice, we cannot foreclose upon you dUring that time. Also, if you receive fLnancial .assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are ~eceiving that assistance. CERTIFIED MAIL NO.: Z 081211351 We '11 assumE'! the '-[alidity. of this debt unless you act to disp1iteU it, or any 'part . thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (ent.ire or partial], we'll obtain and mail to you verification of the debt or a copy of .any judgment against you. If requested by you within the aforeSaid 30 day period, we'll provide you with the original credij:.<'>r' s name and address, if different from the current creditor ..This communication is. from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. citifinancial\mcd11da\act91 EXHIBIT "0" ~~ ~ 6 "- ~ ~ h vt 0 d 8 ~ I I ~~ !i:-=f- '--.t::=- rl~~ '. ~--, . .. I;:: ,',-: -., -, (i C' ~~_ L.... -" ;-:,- . , 0_.~Q Ie;' .. . i'",,)- . <,.., t;..I ~-,'", .'... <..:.1'"1 ;:..~,~ ...... -" -.- ~. :..<. (....f'J ::<: --- CITIFINANCIAL SERVICES, INC., Plaintiff IN Tl!E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 200Q-Olll4 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue writ of execution in the above matter: Amount Due Interest from 4/17/00 to 9j6/00 at % per year [Costs to be added] $14,951. 15 $7l0.00 $ YOFFE & YOFFE, P.C. Date: -BY~yJ CJe f y N. '(offe, Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA l7Dll (717) 975-l838 Attorney ID No. 52933 citifinancial\mcdilda\execution\praecipe for writ 6'! " C') 0 ~ ~ L.) .''11 ..... > -, ~ 0- -l:: Iv ~ ~rc""; -0 -'-,;:"( .iQ. (Q. () 9:zS "'"" ..0 ."1 :- .'1 ~:~~~ f*. '1 ~ li' . '7':-" f....:J g C CJ - C> ~~!:;-y co C- O' 0 ,.. 1.) () (J [::.:c -::T; .Q , ~ -::: '-..-. ~ I I I "'-7'._ . -'~.' ~-I .t::: ,.~, : ce (j'\ ~ ~ ~ ~:>~..;o ::.i f::- ';:;;r -.. ~ ::r-' ~ Ov -<. 0 )J , 2- ~ , - ~ , , ~f: "' ... . 'I..I-f- ,"'" < CITIFINANCIAL SERVICES, INC., Plaintiff vs. TERRY W. MCDILDA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-011J.4 CIVIL ACTION - LAW AFFIDAVIT UNDER PA. R.C.P. 3129:1 !N MORTGAGE FORECLOSURE Yoffe & Yoffe, P.C. by Plaintiff, in the above action, for the writ of execution concerning the real estate Carlisle, Pennsylvania, per Exhibit lIAII: Jeffrey N. Yoffe, Esquire, Attorney Ior sets forth as of the date the praecipe was filed the following information located at 273 North Middleton Road, further description attached hereto as 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: CitiFinancial Services, Inc.. Cumberland County Adult Probation 7467 New Ridge Road, Suite 222 Hanover, MD 21076 1 Courthouse Square Carlisle, PA 17013 NAME: 4. Name and address of the last recorded holder of every mortgage of record: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 -, 5. Name and address of every other person who has any record lien on the property: ADDRESS: Cumberland County Tax Claim Bureau 1 CoU):"thouse Square Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose inte~st may be affected by the sale: ADDRESS None 7. Name and addre.ss of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ADDRESS None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Ea. C.S.a4904 relating to unsworn falsification to authorities. DATED: YOFFE & YOFFE, P.C. z1!f!;z r1d ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\aff3129 . DESCRIPTION OF PROPERTY TO BE SOLD Do~ket No. 2000-01114 JUdgment Amt: $14,951.I5- Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA 17011. 717-975-1838 214 Senate ALL THAT CERTAIN tract of ground situate in North Middleton TO-wnship, CUmberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an existing- iron---pin at line of lands of Conrad W. Wagner; thence along line of lands. of Conrad W. Wagrier, shown as Lot 2 on plan of lots recorded -in l'l.an Book 39, Page 135, North 72 degrees 14_ minutes 22 seconds east a distance of 200 feet to an iron pin seE; thence continuing along lands of Conrad W. Wagner, south 13 degrees 11 minutes 15 seconds east a distance of 407.14 feet to an iron pin set; thence along lands of Nelson Minnich, north 69 degrees 7 min1;ltes 26 saconds west a distance on 200 feet to an existing iron pin; thence continuing along same;. north 20 degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINING 1. 4193 acres in. accordance with a survey made by Larry V. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McD.ilda, granted and conveyed to Terry W. McDilda pursuant to deed recorded in Cumberland County Record Book 182 Page 194 dated July 23, 1998 and recorded July 29-, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No. 2000-Q1114. citifinancial\mcdilda\execution\description of property EXHIBIT "A" . 0 C) 0 c 0 -n ~ "'" :-j ~F:-, -" .'~ -n :? "p= Z:J:" ,'-.) ,,...,nl ~ I. .--.~ ""~- = ~~\; c/.' r.?c-. ..,.., , _4C ~c ~~~ -. R ,-- r_ m :.>> (~ -~! -~ -"=1 '-', ::D -<. D -< ;...~- CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE.NNSYLVA.NIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Terry W. McDilda, defendant and owneJ;: (or re1;>uted owneJ;:) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of ~ the Court of Common Fleas of CUmberland County on the Judgment entered to docket number 2000~01114 in s~id County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Dauphin County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. said public sale will occur in the Commissoner'shearing room in the Cumberland County Courthouse, located 1 Courthoupe-Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if \:.he price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: ~ Cumberl.auQ coUnty Bar Association- 2 Liberty Avenue carlisle, PA 17013 (717)249-3166 DR (BOO) 990-9108 YOU ARE FURTRER NOTIFIED that a proposed schedule of distribution of t:b.<=- proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance. with the said .schedule Of distribution unless exceptions are filed thereto within. ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or .-in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office. and onche real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of .interest ..and ,value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of me. aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as thougn t1l.e Sheriff's handbill not~ce were herein set forth at length. Date: YOFFE & YOFFE, P.C. ~#lIti. "=,, Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\execution\notice of sale ._-~ DESCRIPTION OF PROPERTY TO BE SOLD Dotket No. 2000-01114 JQdgment Amt: $14,951_15 Executing Creditor's Atty: Avenue, Suite 203, Camp Hill, Jeffrey N. Yoffe, Esquire, PA lry011. 717-975-1838 214 Senate ALL THAT CERTAIN tract at ground. situate i+t North Middleton Township, Cumberland County,. Pennsylvania, more particularly bound.ed and described as follows: BEGINNING at an existing iron pin at line of lands of Conrad W. Wagner; thence along line of .lands of Conrad W. Wagner, shown as Lot 2 on plan of lots recorded in Plan Book 39, Page 135, North 72 degrees 14 minutes 22 seconds east a distance of 200 feet to an iron pin set; thence continuing along lands of Conrad W. Wagner, south 13 degrees 11 minutes 15 seconds east a distance of 407.14 feet to --an iron pin set; thence along lands of Nelson Minnich, north 69 degrees '7 minutes 26 seconds west a distance oI!o.200 feet to an existing iron pin; thence continuing along same, north ;Xb degrees, 4 minutes 00 seconds west a distance of 281.20 feet to an iron pin, the place of BEGINNING. CONTAINI.NG 1. 4193 acres in accor~nce wi th a survey made by ~arry v. Neidlinger, dated July 8, 1998. Being the same premises which Terry W. McDilda, granted and conveyed to Terry.W. McDilda pursuant to deed recorded in Cumberland CQunty Record Book 182 Page 194 dated July 23, 1998 and ~ecorded July 29, 1998. Having Tax Parcel #29-05-0425-072 To be sold as the property of Terry W. Mcdilda under Cumberland County Judgment No. 2000-01114. c~tifinancial\mcdilda\execution\~escription of property EXH\B\T "A" (") s <, -rtr O:)f: , ...c;....... ~~~: r' -, :;:;~.. ~~;; ('-"J Pc ? ~ -< C c} ",.. -"'"j ;~::J "" = =~ n -h "-j '. ~"' ;:q .r .....-~(..) -LJ r,,-,'..1 - ....) rn :.n (::> ?~ -< -.... F -,".: CITIFINANCIAL SERVICES, INC., plaintiff IN THE COURT OF o. COMMON PLEAS OF CUMBERLAND coUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - ~W TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary of_Cumberland County: Please enter judgmentr by defaultr in mortgage foreclosure in favor of Plaintiff, CitiFinancial Servicesr Inc'r and against Defendant Terry W. McDildat in the amount of $~4 t 95~. ~5 f-or his failure_. to file an Answer or otherwise plead to the Complaint itt this case within the time allowed by law. A copy of the notice required by Pa. R.C.P. 237 is attached hereto and it is hereby certified that said notice was mailed to Terry W. McDilda on March 28, 2000. DATED: YOFFE & YOFFE, P.C. By~i1}~ ~F RE N. YO E, ESQUIRE Attorney for Plaintiff 214 Senate Avenuer Suite 203 Camp Hillt PA 27Q22 (717) 975-1838 AttorneyID NO. 52933 citifinancial\mcdilda\default\praecipe < CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE AFFIDAVIT OF NONMILITARY SERVICE To the best of the Plai~~~ff's and the undersigned's knowledge information and beliefJ Defendant is not in the military service as defined and covered by 50 IT.S.C.A. S-e.ction__50J. et seq. YOFFE & YOFFE, P.C. Date:. By~/)J,~ c;7' J. r N. Yo;flf'er Esquire Attorney for Plaintiff 214 Senate Avenuer Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\default\nonmilitary . CITIFINANCIAL SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-01114 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESSES The undersigned certifies that to the best of Plaintiff's knowledge the names and addresses of the proper ~dividuals who are to receive notice of entry of judgment in the above captioned action are as fol_lows: Terry W. McDilda 273 North Middleton Road Carlisle, PA 17013 YOFFE & YOFFE, P.C. Date: By: Je fr N. Y ffe, Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\mcdilda\default\certification of addresses .... . ~ :CITIFINANCIAI, SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-0~~~4 CIVIL ACTION - LAW TERRY W. MCDILDA, Defendant IN MORTGAGE FORECLOSURE NOTICE TO, Terry W. McDilda, 273 North Middleton Road, Carlisle, PA 17013 DATE, March 28, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAR-''lNCE 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 (10) DAYS FROM TIlE 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 QRTELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA ~70~3 (717)249-3166 OR (800) 990-9l0B NOTICIA IMPORTANTE TO: Terry W. McDilda, 273 North Middle~on Road, Carlisle, PA ~7013 FECHA DE NOTICIA, March 28, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO_A~STE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (~O) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association_ 2 Liberty Avenue Carlisle, PA 170"13 (717)249-3166 OR (800)990-9108 YOFFE, FFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1B38 Attorney ID No. 52933 This communica_tion is from a debt collector and is an _ attempt to collect a debt. Any information o:btained from you will be used for -debt collection purposes. citifinancial\mcdi~da\loday c (CJ P ::g ~~~s F ~ ~ :0 '" ~ ~ F ~'-J_~ r-,- J:- h' r-- <:) c: "... -06'; n-lfT1 Z:t.1 C;~ -<; .o.:~ r::::C ~n ~('~ J> C~_~-: ~ -<. ;-" ~ ~ c:> Q .,..,.. """ ::0 o ,! -~ ~ _..~ . "'r-- i-.-. _-~19 ~~';~~ Q;~:'~ ';..:;;,n ~ "" "D '-< -' ::;; ~ W :::l CJ