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Home My WebLink About00-01630 , . SAlOIS, SHUFF & MASLAND ATrORNEVS'AT'LAW 26 W. High Street Carlisle, P A MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 00 - /(",)0 CtOl'( 1~Y) RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) NOTICE You have been sued in court. If yon wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 717-249-3166 800 - 990 - 9108 NOTICIA Le ban demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en !as paginas siguientes, usted tien veinte (20) dias de plazo a1 partir de ]a fecha de la demanda y ]a notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y pnede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SEENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cnmberland Connty Bar Association 2 Liberty Avenue Carlisle P A 17013 717-249-3166 800 - 990 - 9108 II r SAID IS, SHUFF & MASLAND ATIORNEYS'ATIUW 26 W. High Street Carlisle, PA MELLON BANK N. A. , IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. NO.: ()-()_ /(,30 ~ ~ RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) COMPLAINT AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDIS, SHUFF & MASLAND, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at Two Mellon Bank Center, Pittsburgh, Pennsylvania, 17259. 2. The defendant(s) are Ronald E. Knaub and Suzanne E. Knaub is/are an adult individual whose last known address is 106 Maple Drive, Mechanicsburg, PA 17055. 3. On or about May 05, 1998 the Defendants borrowed from and agreed to repay to Bank the sum of eighty-three thousand seven hundred and fifty-five and 45/100 dollars ($83,755.45) ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract ofland together with the buildings and improvements erected thereon situate in the Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. At all other times relevant hereto, Defendants remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". 4. On or about May 18'", 1998, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1453, Page 872. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B". 5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of defendants. 2 ,j II r SAlOIS, SHUFF & MASLAND ATIORNEYS'AT-LAW 26 W. High Street Carlisle, PA 6. Under the terms and condition of the Note (''Note''), defendants agreed to make monthly payments to Bank in the amount of eight hundred fifty-six and 86/100 dollars ($856.86) beginning September 14th, 1998, and continuing each month thereafter. 7. Defendants have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof. 8. Defendants are presently indebted to Bank, as of February 15th, 2000 in the amount of ninety-one thousand and five hundred and nine and 99/100 dollars ($91,509.99) itemized as follows: Principal Balance $83,587.46 Interest to and including 0211512000 at $20.13 per diem $ 3,258.39 Late Charges $ 514.14 Attorney collection fees $ 4,150.00 Total Due $91,509.99 9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of the institution of theses legal proceedings. 10. The obligatiou owed by Defeudants to Bank continues to accrue interest thereon at the rate of $20.13 per diem, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys fees. II. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.401c et seq., a Notice of Intent to Foreclose and of Defendant's rights under said Act was forwarded to defendants on January 13,2000 and February 05, 2000 by United States mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marl!:ed as Exhibit "D". 12. PursuantJo the Act of January 30,1974, P. L. 13, No.6, 41 P. S. section 101 et seq., and in particular section 403 thereof, Bank gave written notice to Defendants of its intent to foreclose by a letter dated January 13, 2000, and February 05, 2000 addressed to Defendants, by United Sates mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "E". 3 il SAlOIS, SHUFF & MASLAND ATfORNEYS-AT-LAW 26 W. High Street Carlisle. P A -. ,'<~'- '.-< ' marked Exhibit "F". 13. Copies of the mailing receipts, postal forms 3 817, evidencing receipt of said Notices are attached hereto and 14. As set forth above, Bank has made demand upon Defendants herein to cure the default under the aforesaid default Mortgage and Note. However, Defendants have refused and failed and continues to refuse and fail to cure this WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against Ronald E. Knaub and Suzaune E. Knaub, defendant(s) in the amount of ninety-one thousand five hundred and nine and 99/100 ($91,509.99) dollars judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. plus interest at the rate of $20. 13 per diem through the date of payment, including on and after the date of entry of SAIDIS, SHUFF & MASLAND Dated: 3- 8-00 J. D y, Esquire 53147 26 West High Street Carlisle, PA 17013 717 - 243 - 6222 Attorney for Plaintiff 4 :i II SAlOIS, SHUFF & MASLAND ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vii. NO.: RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) VERIFICATION I verify that statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn falsification to authorities. MeUon Bank, N. A. Br-~ .- Dated: ~J.g)tfZ) 1 f 5 II ,. , '''. . '. '. Frnm RONALD E KNlIl1Il St1ZlINNl!: B I<NA\7B To MELLON BANK, N. A. Recorder mail to MELLON BANK N. A. P.O. BOX 149 fITTSBURGH, ~A ~b~~v-6l4~ G00673167 0611 00152 Legal Descriptions': All that certain property situated in the TOWNSHIP OF SILVER SPRING, in the County of CUMBERLAND, and Commonwealth of PENNSYLVANIA, being described as follows: PARCEL 36-19-1610-052 and being more fully described in a deed dated 9/07/89, and recorded 9/20/89, among the land records of the county and state set forth above, in Deed Book E34, page 345. ,!:~'\ ."., ..' -' "".~: ~" . ,..' \..' ",; '>Ili-~Rov.(9i\14)~C.8I94LD9197 "~,; ~.~:''''~,:'';~'.. ~....> ",(.?'" . '" .. . j' ~ . ". __ osf~ Ol1l40 i ~~\.~l~H,.t!f~t j EXHIBIT A Page; of5 ~~ llook!45JPAGF, 876 'b ? 1" ~~ .' .". ~.' , l5q.o~ 'L 5?MOngage (PI; ILl:f~/~l~~ 7& 1 :::: ."'-';::;:. i' ::;~ UE:..CS i,l::: :J: ~ND COUNT~' - h~. '88I'lA/,Ul PI'l12 09 PennSylvania - Residential Property Thls Mortgage is made this !i.- day of 1998 . between HUNALU .I!: Mi\Utl MAY SUZANNE E KNAUB (I..""iuaflc. ...ll.,.J 'Mudl!"gUl") .md MELLON SANK. N. A. (hereinafter called "Mortgagee'). Ail used herein, the term "Mortgagor" relilrs individually and collectively to all Mortgag' un;, Ulld ull.mill pernuIIll .bull be juinUy um! ....'Vcrally bound by the tcmru; hereof. Whereas, RONALD B KNAUB SUZANNE E KNAUB (hereinafter individually and collectively called "Borrower") (is) (are) indebted to Mortgagee in the principal sum of ***$83,755.45*** Dollars ($ 1l3"/bb. 45) evidenced by a note, contract or letter of credit application ("Ute Note") daled MAY 13 ,1998 To secure the payment of all sums due or which may become due under the Note and any and all extensions or renewals ,hereof in whole or in part (all of which is herel.naitet o:aiied the 'Obligation"), and to secure performance of all obligations under the Note and this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and convey unto Mortgagee and Its successors and assigns all that certain property situated in ClIMBEllLIIND O:luiity, PennsylVania, and more. particularly descn"bed in Exhibit "A", attached hereto and made a part hereof; PARCEL 38-19-1610-052 106 MAPLE DR MJ;GHAN1GllURG PA nZ~9 Bood453rAIlf.. 872 @ Mellon PS'S 1111111111/111111,11111.1111111111111 11.-286 Rev.(9/94) I.C 8J94 LD 9197 Together With All the buildings and improvemeuts erected t~llrP.lm. the ptivilcgC'l and appurtenances thereunto belOnging, and the reveIliions and remalndeTll, rents, issues, aM proflli t~'"of (:ill of which ir. ~oTl\inMtor mUM tho 'Mortgaged Properly"); To Have And To Hotd the same unto Mortgagee and its suc- cessors and assigns, J>'orever. Pnlvld..J, However, ll...t upull'''l"..",t ill full uf!he Obliga- tion, the estate hereby grante4 sllall be ofu,;liwged. Mot"tfl"llor represents, warrunts, covenants, and agrees that: First, Mortgagor will keep and pe.rform all the covenants and 3grcom6nt& .:o11li\ill6d Ii..j'~i". Second: Without prior written consent of Mortgagee, Mortgagor shall not cause or permit klgal or equitable title to all or part of the Mortgaged Property to become vested in any other pelllon or entity by sale, operation of law, or in IIllY other manner, whether voluntarily or involuntarily. Third: Mortgagor warrants that Mortgagor owns the fee simple title to the Mortgaged Property free and clear of all liens, claims, and encumbrances except those to which Mortgagee hIlS consented in writing; Mortgagor COVllR3nts that the Moneau.d PTOpCny shall mntinne to be l1I'ld free and clear of all liens, claims, and encumbrances except as expressly permitted by Mortgagee in writing, Fourth: Mortgagor will pay when due all taxes, asscs"smenl8, levies, and other charges on or against the Mortgaged Property which may attain priorily over the lien of this Mortgage. If Mortgagor fails to do so, Mortgagee at its sole option may elect to pay such tmllls, assessMents, levies, or otber cllarges. At Mortgagee's request, Mortgagor shaD deliver written evidence of all such payments to Mortgagee. Fifth: Mortgagor shaD keep the Mortgaged Property in good repair, excepting only reasonable wear and le.ar. Mortgagor will permit Mortgagee's authorized representatives to enter upon the Mortgaged Property at any rcasolll!ble time for the purpose of inspecting lhe condition of the Mortgaged Property. Without the written consent of Mortgagee, Mortgagor will not permit removal or demolition of improvemenl8 now or hereafter erected on EXHIBIT B Page lof5 ,- , - -~ -,' "-'. '" ~,-!- ,l ""' I the Mortgaged Property, nor will Mortgagor permit waste of the Mortgaged Property or alteration of improvements now or hereafter erected on the Mortgaged Property which would adversely affect its market value as determined by Mortgagee. Sixth: The term 'hazardous substances' includes any substances, materials, or wastes that are or become regulated by any governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive, or other properties tbat may be hazardous to human health or the environment, as well as any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended from time to time. Mortgagor warrants that the Mortgaged Property does not contain any hazardous substances and that no physical conditions hazardous to human health or safety are present on the Mortgaged Property, except as previously disclosed to Mortgagee in writing. Mortgagor will neither cause nor permit the deposit, creation, or presence of any hazardous substances or the creation or existence of any physical condition hazardous to human health or safety on the Mortgaged Property. Mortgagor will comply at Mortgagor's expense with all laws, regulations, rules, ordinances, and orders of courts or. governmental agencies. regarding the Mortgaged Property, now or hereafter in existence, including but not limited to those relating to hazardous substances. If Mortgagor fails to do so, Mortgagee may, at its option, take any action it deems in its sole discretion to be necessary to effectuate such compliance. Mortgagee shall have no obligation or liability at any time with regard to hazardous substances or any other physical conditions which may exist on the Mortgaged Property at any time. Mortgagor will indemnify and defend Mortgagee against any and all liabilities or losses of any type whatsoever which Mortgagee may incur by reason of any hazardous substances or other physical conditions which may exist on. the Mortgaged Property at any time; provided, however, that if Mortgagee shall acquire sole possession of the Mortgaged Property, Mortgagor shall have no obligation under this paragraph on account of any condition which may thereafter come into existence and which was not caused by a previously existing condition. Mortgagor's obligations under this paragraph shall survive the termination and satisfaction of this Mortgage. Serenth: Mortgagor shall keep the Mortgaged Property insured against loss by fire, all other hazards contemplated by the term 'extended coverage,' and such other risks and hazards as Mortgagee shall require, in such amounts as Mortgagee shall require. Mortgagor will purchase flood insurance as and to the extent required by Mortgagee. The insurer or insurers will be chosen by Mortgagor, subject to approval by Mortgagee; and approval shall not be unreasonably withheld. AJI insurance policies shaJI contain loss payable clauses in favor of Mortgagee and shall be cancelable by the insurer Only after prior written notice by the insurer to Mortgagee. Mortgagor shall deliver written evidence of all such insurance to Mortgagee. , '. ~ 051398 08:40 If Mortgagor fails to obtain and keep in force any required insurance or fails to pay the premiums on such insurance, Mortgagee at its sole option may elect to do so. In the event of loss, Mortgagor shaIJ give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect to make proof of loss if Mortgagor does not do so promptly, and to take any action it deems necessary to preserve Mortgagor's or Mortgagee's rights under any insurance policy. Subject to the rights of the holders of.anyprior mortgage, insurance proceeds shaJl be applied to restoration or repair of the Mortgaged Property or to reduction of the Obligation, as Mortgagee may determine in its sole discretion. Mortgagor hereby appoints Mortgagee and its successors .,andassigns as Mortgagor's attomey-itn-fact to endorse Mortgagor's name to any draft or check which may be payable to Mortgagor in order to collect such insurance proceeds. Eighth: MOl"/gagor hereby agrees to repay to Mortgagee on demand all sums which Mortgagee has elected to pay under Paragraphs Fourth and Seventh and any costs which Mortgagee ha.s incurred in taking actions permitted by Paragraph Sixth, and all such sums, as weUas any amoWlts for which Mortgagor has agreed to indemni1Y Mortgagee under Paragraph Sixth, shall, until repaid to Mortgagee, be a part of the Obligation and bear interest at the highest rate permitted by law (but not exceetlingthe contractual rate or rates of interest applicable to the Obligation by the terms of the Note). Ninth: Subject to the rights of the holders of any prior mortgage, Mortgagor hereby assigns to Mortgagee all proceeds of any award in connection with any condemnation or other taking of the Mortgaged Property or any pan thereof, or payment for conveyance in lieu of condemnation. Tenth: If the Mortgaged Property or any portion thereof consists of a unit in a condominium or a planned unit development, Mortgagor shaIJ perform aJJ of Mortgagor's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the .by-laws, rules, and regulations of the condominium or planned unit development, and related documents. If a condominium or planned unit development rider is executed by Mortgagor and recorded with this Mortgage, the covenants and agreements of such rider shall be incorporated herein as if the rider were a pan hereof. Eleventh: In order to further secure Mortgagee in the event of default in the payment of the Obligation or in the performance by Mortgagor of any of .the covenants, conditions, or agreements contained herein, Mortgagor hereby assigns and transfers to Mortgagee and its successors and assigns any and all leases on the Mortgaged Property or any part thereof, now existing or which may hereafter be made at any time, together with any and all rents, issues, and profits arising from the Mortgaged Page20f5 Bwi453rAGt 873 ''j. , I Property under said leases or otherwise. Mortgagee shall have no obligation to perform Qf lIiscl1arge any duty or liability under such leases, but shall have full authorization to collect all Tentll undr.r rhr. IraM"ll nr nthroIWilift. tn takn {lMtl'utOll of and rent the Mortgaged Property, and to take any action, including il:gal a~1iun, it deelllli necessary to preserve MortWl~or's or Mortgagee's rights under such leases. Mortgagor shall not collect any rent in advance of the date It is due. Twelfth: In the event that (a) any warranty, covenant, or agreement contallled herein ill breached; (b) any representation or warranty contained herein, or otherwise made by any Mortgagor in connection with this Mortgage proves to be false Or mlslcadlllg; (e) allY default eeeurs wulo:;r die terms 01 tho:; Note or any liS' Celllenl evioJencing, .ecuring, or otherwise executed and delivered by any Borrower or Mortgagor in connection with tbe Obligation; (d) any default occurs under the terms of any otber mortgage or other illstrument creating a lien on the Mortgaged Property; (e) a holder of any lien en~'Ulllbering the Mortgagoo Property or any portion IhotooC (whulhur suuh liun is junior or superior to the lien of tbis Mertgage) commences a foreclosure or any otIio:;r proceeding to execute on such lien; (f) any Mortgagor beoomes insolvent or makes an assignment for tbe benefit of creditors; or (g) any action, petition or other proceeding is filed or commenced under any state or fOOeral bankrul'tcy or insolvency U1w, by Mortgagor or anyone else, regardmg the assets of Mortgagor; then, in addition to cxel'Ci8ing any lighls wlli"h Morlgagee =y have under the lenns of the NOle or any agreement securing repayment of. or relating to, allY portion of the Obligation or which are otherwise providOO by taw, Mortgagee may foreclll5e upon the Mortgaged Property ."< -",- -,i. e_" 11-286 Rev.(9194) LC. 8194 ill 9191 by appropriate legal proceedings and sell the Mortgaged ProperlY foT the ClIl1el:lion of thr. Obligation, together with costs of suit and liB attorney's commission equal 10 tlt~. It\W'.r of (a) 70% of the ~mmmt due or Ssoo.oo, whlchever is greater, or (b) the maximum amount permitted by law. Mortgagor hereby forever waives and releases all errors in the 811iil l/rowedings, stay of execution, and the right of inq..i.il"'n lII1d extension of time of payment Thirteentb: The rights and remedies of Mortgagee provid.,.) herein, in the Note, or in any other agreement securing repllyment of, or relating to. any portion of the Obligution, or otherwise provided by law, shall be CUIIIulatlw atld may ~ pursued slligly, w""w..",Uy, VI sfi~sively ..I Mvrlg..geo:'. .ole dJscrelion, and may be exercised as often as necessary; and the liIilure to exercise any such right or remedy shall in no ovent be construed lIS a waiver or release of the same. Fourteenth; The covenants, conditions and agreements C(l.l\luinud herein shall IIll1d the boll'S, PO:;j'soill>l rcplCSClllatives, and sucassors of Motlgagm, ....d the rights and privileges contlUltCd IIcrein shall inure 10 the sucressors and assigns of Mortgagee. Fifteenth. This Mortgage shall be governed in all respects by the laws of Pennsylvania. If any provision hereof sholl for ony renson be heW invalid or WlCJ1fon.:c..ble, no other provision sball be affected thereby, and this MortpJe sMI! be; wmtrne4 uif lhe invalid or unenforceable provision had never been part of It. Page 3 of5 80td453.AGf, 874 "0/''; _,_l.;_, " ' , " . ~~~r~ Mortgagor X Mortgag~ X. I.- Mortgagor . X. (Seal) ~ Witn X (Seal) ~B~ (Seal) MEI,LON . BANK, N. A. , Mortgagee within named, hereby certifies that its principal place of business is at MELLON BANK CENTER PHILADELPHIA, PENNSYLVANIA 19102 By: X Coumy of COMMONWEALTH OF PENNSYLVANIA &vm tvl Ltl ;.. tiC I '-1'1-.;., day of tr} ~ANNE , I? 'i {befOre me personally came On the RONALD E KNAUB E KNAUB ,;::,. duly swom,dida~JiJ)owledge that free actal!d ~; . Jii"I?Plnony whereof, I hay ".' .. , who, being did sign the foregoing instrument, and that the same is ~ ereunto subscribed my name. '.... .. '.,0' , '(:. .... . .,.r.:_.'-_ '..::\ '.;.,:;.;. "~~';": ~ .~ ~"I ". '. : ._n. ...l. '..'>'::::":':;:::':.~:~::~;. .' , 'r v .....~. . ~ ",.' ~. ;- ? l ~ ~..~-' +'~ I ss. 4~ <Is in and for said County on the \ ~ 4r:::.~ en ::) ,page "C) ,;;;I. dayof ~ ~ " ~...,!f{)"'\ J'.-o " . ;.'~~' ~..;~ ,.. .(..... '. 8j()~~:~;~~f~~~ Recorded in the Office of the Recorder of q9: , in Mortgage Book Volume Witness my hand and the seal of said office the day and year aforesaid. Recorder x ~ -". 051398 08:40 BOO~ 14.5.3 rAcr. 875 ~J ..J~ "-',..,' "- .," .~ - -~ ,,,,,,;-- , PrQmissory Note @ Mellon PSFS I ~1111~mllllllllllllllllll~ II~ (Secured) Creditor MELLON BANK, N. A. MELLON BANK CENTER PHILADELPHIA, PENNSYLVANIA 19102 AaxmntN....... 152-1046769 Due IL-2180Rev.(10H7) L.c.8197 LD81'J7 ANNUAL FINANCE CHARGE AmoUDt Flmmced Total ClI'PaymeD18 PERCENTAGJi: The dollar amOUDllhe '!be amounl of credit pro- The amount I will have RATE credit wiU cost me. vided to me or on my paid after I have made '!be cost ofmyaedit as beIuoIl all payments as scheduled. ayearlyratc. 9.03% $ 71590.99 (,J $ 82501. 45 S 154092.44 My payment schedule will be: NumberofPavmenls A, untof'P.... b Wb~P ents Are Due 17Q 856.86 Mo.1blv,be.i<"i"Q.09/14/98 e 1 714.50 08/14113 e Variable Rale (Applialble if cbecked): 0 My loan contains a variable rate feature. Disclosures. about the variable rate feature have been provided 10 me earlier. Sec.urItr- Youdbaveasecurityinlerestin: C motor vehicle C Jifeinsurancepolicy U.C.C.fiIingfecs $ .00 C mobile home C deposil accol1l11. Fees for encumbering certificate $ .00 Csecurities II realproperty oftitJe C Beneficialin<<:n:stinlandtrust FecfOl'recordiDgmorttage01' $ 27.50 0 deed of trust 0 Recordationtm: S .00 1m deposit& wbiclll have with you Fee fOl'satisfying mortgage or $ 14.00 ('J CoUateral secwiog other loans with you may also secure this loan. If this Joan deed of trust is secured by a d~1 acwunt, Ihe annual percentage rate does not take into acwunt your required deposit. Late CI1lqe: Ha pll)'IDCBt is more than 15 days late. Iwill be charged $, 20.00 orlO% of the payment, whichever is greater. PnpapaeDf: If I pay offeany, Iwill Dot have 10 pay a penalty. Assumptloa: SomeOlle bu.~g the pIOlIf:ert)' securing tbis-Ioan cannot assume the remainder of the Joan on the original terms. See the contract dOClllllenls for any ad donal information about nonpayment, default, and any required. repayment in full before the scheduled date. ',d_MlI!.SIimtlte ItemlmUonorlbeAmountFiDaDcedof $ A?e>01 4~ : S .00 .Amount paid on my account (refinancing ofpn:vions loans): Date LmmNmnber / / I / / I Amountpa1d 10 others on mybebalf; $. 41.50 $ tocreditbureauS 39.95 $ 60.00 to GEN AMERICAN- CRED $ 14.00 to 'l'RANSAMERlCA $ to * $ dJS!fiJlll.BL Amount giVen to me directly 'SEE AUTHORlZATIOW TO DISBURSE PROCEEDS. -........... . . topublicofficlalslgovemmentagencles S to appraiser S to notary $ to S to insurance company to s 1.254.00 The wonlCoUalel'aI mea~ any pemmal property in which I am giving you a security inten:sl in tbis note, 01' which is covered by BDY separate sei:urity agreement securin:g,lhisnote. I promise to pay you $, 83755.45. This amount is called the "Principal Amount". I a1so promise to pay you interest on lbe unpaid balance of the Principal Amount at a siJl1Ple interest lUte of .024082192 % per day. lnterestwill be charged on the unpaid balance of the Principal Amount for eacb day (inc:\Ilding Febnlllry 'm). i will pay the PrindpaJ Amounl and the interest at any place designated by you, 3ccording to the payment Bcbedu1tlshown :above. On the last payment date] will pay att)' part of the Principal Amount and any jntemt which tetuains unpaid. I will continue to pay interest at the rale stwwn above on any part of 'If the Principal Amount as lOng as it remains unpaid. I agree that any judgment for IU1)' part of the Principal Amount wiD bear intemlt at tbe same rate uDtil it is paid. (Applicable jf dteeked):C If I cl1ange. or you require" me to change. to Payment Method #2, the simple interest mte on tbis note wiD change to %perday. (Applicable if checked); 0 The simple interest rate is a discounted rale based on a separate agreement wbich I have entered Into with you. If I discontinue that separate agreement or yoU discontinue it because I no longer meet the requirements of that agreement in effeet as of the date of this note, but I continue to make payments under Paymene Method #1, lhe simple interest rate on this note will change to % per day. Effective with the filllt ~yment lhat is due al !ealit 30 day:; after any change in the simple interest rate, my regular monthly payment will change 10 the amount nece&SaIY to repay by lhe original due date of the final payment that part of the Principal Amount which remains unpaid on the date of the rate d1ange, with interest ae tbe new rate, in equal payments. If I select. credit disability Insurance OD this Joan, the monthly disability benefit win be Umited to the amount of the original bcnent as disclosed on the certifacate of insurance. EXHlBaT G,~ CREDITOR COPY Page 10f4 ~ [ understand that making payments on time is essential 10 avoid default on this note. In addition. if any payment Is not made in full within 15 days after it is due, I will pay a late charge of S20.oo or 10% of the payment, whichever is greater. J have paid or will pay the following fees and charges: U.C.C.FllingFees Fees for encumbering certificate of title Fees for recording mortgage or deed of trust Recon.iationtax Fee for satisfying mortgage or deed of trust (estimated based on current rates) Appraisal fee TitJeexaminationfee Title insurance premium Notaryfee Fee for determining nODd hazard status of property Scttlemcnl or closing fee Loan originalion fee Continuing verification of 8000 status fee Broker!ee s s S 27.50 S S 14.00 S 39.95 S 60.00 S S S 14.00 S 15000 S S 00 S ''-'ii&M (am giving you a security interest in the property described below, including all attachments and parts which are wtaUed in or attached to tbeproperty orwhic:h may be inatalted or attached in the future, and aU proceeds of the property and attaclunents and parIS. , I ~ea~ew [J Used I MaIre I Model I Serial Nwnber I Model Number I Payment Methods: I choose to make payments by the method checked below: o Payment Method #1: I authorize you to lake payments out of on or after the dateS they are due. I will keep a large enough balance in this account to cover tbe full amounts of the required payments. !if Payment Method #2: I will mall or deliver eacb payment to you 80 lhat you will receive it no later than the date it is due. If I have chooen .Payment Method ~~~, you may require me to change Payment Method #2lfl!aU at anytime to have a largeenough balance in the deposit account shown "hnw- tocoverthe fUll "mountofa ii:nnnent ......uired under this note odfthe i1........,it account 1.. ..lnRf'<1. Property lDsuranc:e. Insurance against loss or or damage to the Collateral ~ is required. C is Dot huurer: ALLSTATE INS Ageat(iflmown); MARK PEIPER 0' Flood insurance IS required in connection with this loan. II is not If Dood insurance or other insurance on real or personal property is required in connection with this loan, I may obtain such insurance from anyune I want that is acceptable 10 you. THE ADDITIONAL TERMS ON PAGES 3 AND 4 OF THIS NOTE AREA PART OF THIS NOTE. _Bl!lliil_~e' m~' 11 '... "'1$ll t .IB YOu are being asked to guarantee this debL Think carefully before you do. If the borrower doesn't pay tbe debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Creditor can collect this debt from you without first trying to collect from the borrower. The Creditor can use tb. sam. collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt. .. -, --~~!. ,6; :1~ ",~ !!fi!ll, ,llr~Fml ,'.~ i;""""".- BY SIGNING THIS NOTE, I ACKNOWLEDGE THAT I HAVE RECEIVED AN EXACf COPY OF PAGF8 1 THROUGH 4 OF TIllS NOTE AND THE DISCLOSURES ON PAGE 1 WITH ALL APPUCABLE BlANKS APPROPRIATELY FILLED IN, PRIOR TO THE CONSUMMATION OF THE TRANSACTION. THEADDillONAL TERMS ON PAGES 3 AND 4 ARE PART OF THIS NOTE. - Borrower RONALD E ~UB x rR m~( ['.$ta,J- Borrower fUZANNE E KNAUB .../r x 'XPllA/",,f.'1 /J// If applicable, this installment loan corresponds to relationship demand deposit account (Seal) x (Seal) - (Seal) (SolI) x NOTICE: If I have a dispute with you regarding my loan, I understand that any cheek. or other instrument I submit to you as payment in full of my loan must be sent or dellvered to Mellon Bank, N.A., P.O. Box S3S001, Pittsburgh, PA 152$3.5001 or any other address for such payments you advise me olin the future. "THIS CORRESPONDS TO A SIMPLE RATE OF 8.79 % PER YEAR IN THE YEARS OP 366 DAYS. THE RATE WILL BE I.365TH HIGHER THAN WOULD BE THE CASE IN YEARS OF 365 DAYS. 051398 08~40 Page 2 of 4 ":_~"'" ".-, '.;;._~_i. . '~, ,~ ., "....;;~~"'"j....IlOoI~' "J ~ ~- ' ~ .~~~~,,"'.,~v~iI., I["21SO~.7)L.C.8J97LD8197 'm !(fllTIl. t iidi-ml mIl~~.~ ....l r R Events ofDefttult; It is a default under this note if: (1) any payment is not made when it is due; (2) I break any promise in this note; (3) you discover any false or misleading statement in this note or in any other information I have given yoU; (4) anyone attempts to seize, attach, or create a lien OD the Collateral under any legal proceos; (5) the CoDaleral is 10Sl, destroyed, sloleu, or abandoned; (6) I die; (7) I make any assignment for the benelit of creditora; (8) I become insolvent; (9) any petition relaOOg to my debts is filed under any federal or state bankruplcy law; (10) I default under the terms of any lease, mortgage, or deed of trust on the property where the Collllleral is kept; (11) anyone attempts to garnish or attach any deposit or other property belonging to me which is in your possession; (12) any insurance policy securing this note matures for any reason; (13) any event occurs which, under the terms of any IlIOIlgage or deed of trust securing this Dote, gives you the right 10 foreclose on the property securing this note; any peraoD who signs a separate security agreement to secure this note breaks any promise. in the security agreementj any person who signs a mongage, deed of trust, or separate security agreement to secure this note dies, becomes insolvent, or makes any assignment for the benefit of creditors; any petition relating to such a person's debts is filed under any federal or state bankruptcy laW; or you discover any false ot misleading statement in such a mortgage, deed of trust , or security agreement Your Rights in the Event ornerault: If any of these events of default occurs, or if I voluntarily give you possession of the Collateral, you have the right, uyou choose to do SO. to declare aU amouilts which I owe under this note immediately due, subject. to any requirements for notice and a right to cure the default imposed by law. You may. without judicial process. take possession of the COllateral and anything contained in it or attached to it. You can enter any private property in order to do this, so long as you do not commit a breach of the peace. [fyou telllJle to do so. I will deliver the Collateral to any place you choose which is reasonably convenient to both of us. [ mwot send you a notice by cenified mail within 48 hours after you take the Collateral in order to get back any property contained in the COllateral or attached to it which I do not believe is covered by your security interest If I do not do this, I will lose the right to clllim such property. You can also sue me in won to get the Collateral it: you choose to do so. If you employ au attorney woo is not)'OUI salaried employee to collect any amount which [ owe under this note or to protect your rights under this note in any way, [ will pay reasonable attorney's fees permitted by law, and costs of any legal proceedings. I hereby waive the benelil of all Indiana valuation and llppraisement laws. My Dulles Regarding lit. Colla......: If I am obtaining this loan in order 10 purchase any of the Collateral, I will purchase it promptly after receiving the loan proceeds from you. Anyone who has or will have an ownership interest in the <;9llateral is signing either this note or a separate security agreement. No one else except you.has or will have a security interest in the Collateral or any legal rights in it. I will tell you promptly in wriOOg if I change my address. Unless you keep the Collatera~ I will keep it at the address in IDy loan application or I will tell you in writing where I am keeping it. I will not permanently remove the Collateral from that location unla;s you give me written permission to do so. I wil1 not allow the CoJ1ateral to be attached to real property ot to any other goods without your written permission. I will not allow the Collateral to lose its icJentity or to be used for any illegal purpose. If the law of any state requires or permits a certificate of title to be issued covering any of the Collateral, I will make cenain that your security interest is noted. on the certificate of title. I will see that the ceniflcate of title is delivered to you within 10 days of the date of this note. [ will keep the CoUateral in good condition and repair. except fot reasonable wear and tear, and will pay aU taxes and other charges which may be assessed on it. If I fan to do so. you may, if you choose, take reasonable steps to protect the Collateral and pay such taxes, other charges, or costs of repair and maintenance for me. If you do this, you may require me to reimburse you, immediately or at any later time, for any such taxes,. charges, or costs which you have paid. At the time you pay such amounts or at any later time, you may add the unpaid balance of such amounts to the unpaid balance of the Principal AmouDt of this note. You may require me to pay interest on the unpaid balance of such amounts at the rate shown on page 1 of this note or at any lower rate. You may, ifsou choose, increase the amount afmy monthly payment until [have fUlly reimbursed you for such amounts. I will give you written proof of payment of any such taxes or charges and the costs of any repairs, if you request it. You have the right to inspect the Collateral at any reasonable time. If the Collateral is lost, damaged. or destroyed. [ will still pay everything [ owe nnder this note. Insl.1ranee: If you require me to, I will insure the Collateral against loss or damage. If you require me to buy flood insurance, I will buy the amount of insurance coverage which you require. Any insurance policy will provide for payment of the insurance proceeds to you to the ertent necessary to pay the amounts which! owe under this note. I will give you any insurance polley or a certificate to show that [have it. H I do not buy and maintain the required insurance, or if [do not pay the ptemiwns, you may, if you choose, do these things for me. If you do this and I do not reimburse you for the premiums within a specified time, you may add the unpaid balance of the premiums to the unpaid balance of the Principal Amount of this note. In this case, interest will be charged on the unpaid balance of these premiums at the rate shown on page 1 of this note. beginning on the dale you paid the premiums. I direct all insurance companies providing flood insurance, other insurance on real or pezsonal property, or credit insurance in contlection with this loan to pay you any money owed to me (including any premiums which are returned for any reason). You may use any such money to pay amount which [owe under this note. I appoint you as my attorney in fact to endorse my name to any draft or check for such purpose. CREDITOR COpy Page3of4 -"'0. '!c--'-"'''' .,~, -' - ~""H_~~g' - , . MIscellaneous: 1his -note ~ secured as indicated in the Federal Truth in Lending Disclosures on page 1 of this note. All the provisions of atty mortgage, deed.of trust, or other =eparate security agreement which I have signed to secure this note are a part of this note. :. ] will sign any documents you COnsider to be necessary, and I will pay aD fees and taxes which must be paid to public officials and which are disclosed in the Federal Truth in Lending Disclosures on page 1 of this note, to perfect any securtty interest which I have given you and to record and satisfy any mortgage which] bave given you. I appoint you as my attorney in fact to do whatever you consider to be Dectssary to acquire and maintain the lien of the mortgage and to perfect and maintain perfection of these security interests. If at any time you agree to extend the dates on which payments are due under this no~ you may charge me a fee for such extension not exceeding $50.00 fur each month or parti3l month Of the extension period (subject to any limitations imposed by law). You may also require me to pay interest for the extension period at the begmning of the extension period, Subject t9 any lim".tions imposed by law. You have no obligation to agree 10 any _..ion; and, subject to any Iimitatio..lmposed or Jaw, the terms of this paragraph can be changed if you and I later agree to different terms. If at any time you reasonably believe that the value of the Collateral has become insufficient to secure the amounts which ] owe and any amounts which I may owe in the future under this note, I will give you additional collateraL U any money which I owe under this note is not paid when it is due, you have the right to take that amount from any deposit which I have with you, now or in the future, other than deposits in Individual Retirement Accounts or Keogh (HR. 10) Plans, or deposits in which the law prohibits you from having a security interest. You will continue to have any liecurity interests which you have taken in connection with any previous note which is being refinanced by this note. If. you have any liens on my property as a result of entering judgment unaer the terms of any previous note which 1$ being refinanced by this note, you may retain those liens to secure the amounts refinanced. I do not nave any defense to the enforcement of any such judgment. Regardless of the terms of any other document, this note will not be secured by any deposit other than those which I have with you individually or, jointly, nor by any other property. unless a security interest in such deposit or other property has been given to you in this note or in a document referring,5'pecificaUy to this note or anoth,er extension of credit. Further, this note will not be secured by any real property unless a secunty interest in such real property has been given to you in a document referring specifically to this note or a prC\1l>US note which is being refinanced by this note, or you have a lien on such real property as a result of entcringjudgment under the terms of a previous note which is being refinanced by this note. I authorize you to yay that part of the Principal Amount shown in the Itemization of the Amount Financed on ra:.ge 1 of this note as "Amount given to 'me'directly," and any money which you may owe me for any reason in connection witb this loan, to any or to all of the persons signing this DOte as "Borrower." My endorsement of a check for any part of this amount will evidence my consent to payment of that part of the Principal Amount to any other payee named on the check. If. on any particular occasion or for a period of time, you do not charge me a rate or amount which I am obligated. to pay under this note, or charge me a lesser rate or amount, or do not enforce a right or remedy which you have under this note, or enforce a right or remedy to a lesser extent than permitted by this note, you will stili have the right to charge the full rate OJ amount or- enforce that right or remedy to its fullest extent at any subsequent time. If [ make a partial payment and you accept it, even though it is designated as fun payment, I will still owe the reSt of the money I should have paid; however, see the notice on page 2 regarding such payments when I have a dispute with you regarding my loan. In addition to the rights and remedies provided in this note, you will have all rights and remedies provided by law. 1 may pay all or any pan oftbe Ptinclpal Amount before it is due, without any penally. The unpaid baiance of the Princlpal Amount for any day is determined by taking the beginning balance for tbat day, adding any amount which you add to the Principal Amount that day under the terms of this note, al!d subtracting that portion of any payment which is applied that d4y to the Principal Amount. Payments will be ap'p1ied first to IDt~rest an~ any other charges d~e, then to the Principal Amount. Payments received on Saturdays, Sundays, or holidays will be credIted as If made on the followmg business day. If I have signed a request for credit insurance. the provisions of that form and the Group Credit life Insurance Certificate are a part of this note. I! it is determined for any reason that a part of \hiS note is invalid or unenforceable, this will not affect any other part of this note. This note will then be read as if the Invalid or unenforceable part were not there. You can transfer your rights anQ ~leges under this note to an~ne yo~ choose. My duti~ under this note will be performed by my heirs and personaf representatives. I will not transfer any nghts which I haY!' under this note to anyone. I !",dOlS?nd that m~tions to you under thb note will not be affected. by any divorce proceeding nor by any order of court ISSued m such a pr ng. Federal law applies to certain llS]IeClS of this Ptomissoty Nole, including but not limited to the finance charge. The laws of PENNSYLVANl:A will apply to all other aspects of this Note. eUon is committed to furnishing complete and a<<urate Information about your relationship with us to CODSumer reporting ndes. If you beJieve that the informatlon we report about your acconnt is incomplete, inaCCIII'Bte or outdated, you may write us at the following address in order to DOtify U8 DC a problem concerning our ~: Mellon Bank, N.A., P.O. Box 149, 'ttsburgh, PA 15Z30-014',ATl'N,ILResearch. . l/We acknowledge that these are pages 3 and 4 ofthe Promissory Note (Secured) which JjWe have signed on page 2. RONALD E KNAUB fitK (Jnillals) .6a (lnI....) SUZANNE E KNAUB (Initials) (Initials) 051398 08.40 Page 4 of4 -~ , -,; ,~ - - "' -" ' . "'~ :';" ,- -- , ~~--, ~,< ACT 91 I 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12, 2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortqaqe on vour home is in default and the iender intends tq foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the prOQram works. To see if HEMAP can help, YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet the counselinQ aQency. The name, address and phone number of Consumer Credit Counselinq AQencies servinq your County are listed at the end of this Notice. If you have any questions, YOU may call the Pennsylvania Housinq Finance Aqency toll free at 1-800-342-2397. (Persons with impaired hearinQ may call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 152-1046769 Mellon Bank, N. A. Mellon Bank, N. A. Suzanne E. Knaub Loan I Account number: Original Lender: Current Lender I Servicer: 1 EX,",'6\1 0 U"\~\\ t. ",",'-- _ L, - ,~ -,,-..- .- '- "~ -,~- -'- c...'i " HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If yOU meet with one of the consumer credit counselino aoencies listed at the end of this Notice the lender may NOT take action aoainst you for thirty (30\ days after the date of this meetino. The names. addresses and telephone numbers of desionated consumer credit counselino aoencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this probiem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseiing agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreciosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance) 2 , ~ ,. . ~. ,., , - ~ 'r ~,' '~_'~',," -, """'1 " I HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it UP to datel NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your properly located at: Insert Properly Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: September 14,1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,712.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable and sent to: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Center, Room 152- AB50, Pittsburgh, PA 15259-0001. . You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due Immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage properly will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If yOU cure the default within the THIRTY (30) DAY period, yoU will not be required to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal baiance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, yoU still have the rich! to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so bv paving the totai amount then past due, plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv performing any other requirements under the mortqage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriff's Sale of the mortgage properly could be held would be approximately SIX (6) MONTHS from the date of 3 , ~h . . _., ....J"'" _. ,~, this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you walt. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura Cortazzo, 412-234-6637. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT iNSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, John cc: Laura Cortazzo (Account no. 152-1046769) Mailed by 1" Class mail I Certificate of Mailing and Certified Mail No.: Z 332 881589 4 ACT 91 I 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12, 2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS,REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WiLL BE USED:=C~ THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortoaoe on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached paoes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPl MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the prooram works. To see if HEMAP can help. yOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the counselino aoency. The name. address and phone number of Consumer Credit Counselino Aoencies servino your County are listed at the end of this Notice. If you have any ouestions. you may call the Pennsvlvania Housino Finance Aoencv toll free at 1-800-342-2397, (Persons with impaired hearino may call (717) 780-1869, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney in your area. The locai bar association may be able to help you find a lawyer. U\ NOTIFICACiON EN ADJUN TO ES DE SUMA I ivlPO Rl ANC1A, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANOO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR El PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FEROIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Ronaid E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 152-1046769 Mellon Bank. N. A. Mellon Bank, N. A. Suzanne E. Knaub Loan / Account number: Original Lender: Current Lender / Servicer: 1 ..... L "" O~"..;.... ~, - .~ , HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WiTHIN iHENEXT THIRTY 130\ DAYS. IF YOU, DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR .MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counselinq aqencies listed at the end of this Notice the lender may NOT take action aqainst yOU for thirty (30\ days after the date of this meetinq. The names. addresses and telephone numbers of desiqnated consumer credit counselinq aqencies for the County in which the property is located are set forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TiME PERIODS SeT FORTH IN THiS LETIER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) 2 i I I I I I I I i i I i I i , I I I i I i / , . ~ . ."~; HOW TO CURE YOUR MORTGAGE DEFAULT (BrinQ it UP to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the fallowing amounts are now past due: Start/End: September 14, 1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF: inspections: Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFp.U~ T . You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHiCH IS $4,712.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash. cashier's check, certified check or money order made pavable and sent to: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Center, Room 152. AB50, Pittsburgh, PA 15259-0001. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its richts to accelerate the morlcace debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to Its attorney, but you cure the delinquency before the lender begins [egal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the [ender, which may also include other reasonabie costs. If yOU cure the default within the THIRTY (30) DA Yperiod. yoU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may aiso sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the richt to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv pavinq the total amount then past due. plus anv late or other charqes then due, reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinq bv the lender and bv performinQ anv other requirements under the mortQaQe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defauited. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of 3 -~ . this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura Cortazzo, 412-234-6637. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements oJ the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, John cc: Laura Cortazzo (Account no. 152-1046i'69) Mailed by 1" Class mail! Certificate of Mailing and Certified Mail No.: Z 332 881 ~ 4 " ~ ~~ ,~ ""~ ~~ HL ,-, . ACT 91 I 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12,2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 \ I I I I I i I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortqaqe on your home is in default and the iender intends to foreclose. Specific information about the nature of the default is provided in the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the proqram works, To see if HEMAP can help, vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when yOU meet the counselinq aqency. The name, address and phone number of Consumer Credit Counselinq Aqencies servinq your County are listed at the end of this Notice. If you have any questions, YOU mav call the Pennsylvania Housinq Finance Aqency toll free at 1-800-342-2397. (Persons with impaired hearino may call (717) 780-1869. This Notice contains important legai information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTAAGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Ronald E. Knaub 106 Mapie Drive Mechanicsburg, PA 17055 152-1046769 Mellon Bank, N. A. Mellon Bank, N. A. Suzanne E. Knaub Loan / Account number: Original Lender: Current Lender I Servicer: 1 'LL "'- "'L, .,J ,-;!';'''-' - ,~',,~ -' " ~ .-" '< , '''''''''j ,~ '* HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES. If vou meet with one of the consumer credit counselinp aaencies listed at the end of this Notice the lender mav NOT lake action aaainst vou for thirty (30) davs after the date of this meetinp. The names, addresses and telephone numbers of desipnated consUmer credit counselinp apencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your iender immediateiv of your intentions. I I I I I I I I I I I I I I APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLlCA TJON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eiigibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreciosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance) 2 , "-"'- - ~.'."' -".<' ~"-,~ .~ -', ~_h'_ '. . HOW TO CURE YOUR MORTGAGE DEFAULT (Brino it UP to datel NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because; A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: September 14,1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF; Inspections; Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,712.75 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv cash, cashier's check, certified check or monev order made payable and sent to: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Center, Room 152. AB50, Pittsburgh, PA 15259.0001. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riohts to accelerate the mortoaoe debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortoaoe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (301 DAY period, vou will not be required to pav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the rioht to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You may do so bv payinQ the total amount then past due, plus anv late or other charoes then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writinQ by the lender and bv performino any other reouirements under the mortoaQe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of 3 ""u ~= ,.' ' e , . this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura CortazzD, 412.234.6637. EFFECT OF SHERIFF'S SALE. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATIACHED. Very truly yours, Johnna J. cc: Laura Cortazzo (Account no, 152-1046769) Mailed by 1" Class mail J Certificate of Mailing and Certified Mail No.: Z 332 881 590 4 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Z 3"3'2 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise 7, Dt'l-e of DeliVeryo ex 'U 8. Addressee's Address (Only if requested and fee is paid) '~ .' , . ~ I'1WJl.... 'Gi SENDER: 'lJ . Complete items 1 and/or 2 for additional services. .(jj . Complets items 3, 4a, and 4b. CU . Print your name and address on the reverse of this form so that we can return this ~ card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space does not e permit. CD . Write NRetum Receipt Requested" on the mail piece below the article number. .c . The Return Receipt wilt show to whom the article was delivered and the date - delivered. S 3. Article Addressed to: "C ~ ;; Q. E o u Ronald E Knaub PO Box 61684 Harrisburg PA 17106-1684 5. Received By: (Print Name) - ~ o ... .!! . ,~', "_"'C"". ,[,,"' " .~ , , :? 8<8\ 580 " g Certified ~ o Insured ~ o COD .~ l' fr "- " ~ I- 102595.98.8.0229 Domestic Return Receipt 'Gi SENDER: 'lJ . Complete items 1 and/or 2 for additional services. 'in . Complete items 3, 4a, and 4b. Q) . Print your name and address on the reverse of this form so that we can return this ~ card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space does not Q) permit. ... . Write "Return Receipt RequestedN on the mailpiece below the article number. ~ . The Retum Receipt will show to whom the article was delivered and the date - delivered. I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2, D Restricted Delivery Consult postmaster for fee. 4a. Article Number Z 33'2 8&' Sqo S 3. Article Addressed to: "C ~ ;; Q. E o u Suzanne E. Knaub 106 Maple Drive Mechanicsburg PA 17055 ~ .~ . Cf) a '~ u ~ c:: E 4b. Service Type D Registered o Expres::> Mail o Return Receipt for Merchandise ~ Certified ~ o Insured ~ o COD .~ ~ 7. Dar f D 'v 00 8. Addressee's Address (Only if requested and fee is paid) 5. Received By: (Print Name) - ~ o ... .!! ElttlB\' F c > ~ " .: I- Domestic Return Receipt / / Recei' Affix fee here in stamps or met~r postage and post mark. Inquire of Postmaster for- current fee. . V,S, POSTAL ERV,CE C RTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER SAlOIS, SHUFF & MASLAND - 26 West High Street Carlisle Pennsylvania 17013-2956 Ronald E. Knaub 106 Maple Drive Mechanicsburg PA 17055 One piece of ordinary mail addressed to: PS form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATI' OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FO'R INSURANCE-POSTMASTER Received SAlOIS, SHUFF & MASLAND - 26 West High Street _ Carlisle Pennsylvania 17013-2956 One piece of ordinary mail addressed to: - - SuzanneE.Knaub 106 Maple Drive - , - Mechanicsburg PA 17055 - , . - - . I - -, Affix fee here'in s:tamps or meter post~ge, and post m~~k. Inguire of Postmaster for current fee. ' ",',_.,_ .:'.'.:-<:':c',' ~,--_._,..-'..;' 'fc'~,\i\![? '::1 ~/ ,. ~.\~l~! f ~~\~ ,.' f ,,-~f ~,~.r.- (!JJ'~-)- .' ;'.: ...'.";c;._r..';..;;...,;l';..,..; . PS Form 3817, Mar. 1989 .. . . I..,. ,~. ~~ ,'.,- ~ .- ~ <,-'F-...' >', .~ __ I, ,\:-,,0."_'''''''--'''''''.-') .-' '",; . - y PS Form 3800, April 1995 ." d ~~ H " "... g <!I " ~ . 3' ;I 00 m 0 0 ;"3 s: 3. 0 ~,... - 33 o. = " I ,/.";:,. :,..~( ~,,::n .." " .. 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'1 ~ 5J -;>- r~- (~ C7~;); -' 8'~ ~ g ~ -<. ....- ':t~'. ., ;;~ CJ ".. -~_.. ~ :r. 9;;k CI1 2(,- ~ ""- C'O ? 0" ...." c: -rl "".) ~ U1 ~ . 'i) t' ~ - 00<; , 0 V ~ F ~ ~ ~ "f-. -c, ~ " ~ ,~- ~,~-- ,~~ - Ju:j , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-01630 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK NA VS KNAUB RONALD E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT KNAUB RONALD E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KNAUB RONALD E DEFENDANT NO LONGER LIVES AT ADDRESS STATED LEFT NO FORWARDING WITH THE POST OFFICE. Sheriff'S Costs: Docketing Service Not Found Return Surcharge 6.00 .00 5.00 10.00 .00 21.00 S~ ) ~".. " " ,./~ R. homas Kline Sheriff of Cumberland County SAIDIS, SHUFF & MASLAND 03/22/2000 Sworn and subscribed to before me this f(;. /tJ~ day of 0f_:/l J.-q-trtJ A . D . ~ () n.,df., A~f P 0 onotary i "1f i SHERIFF'S RETURN - REGULAR CASE NO: 2000-01630 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MELLON BANK NA VS KNAUB RONALD E ET AL 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 KNAUB SUZANNE E the DEFENDANT , at 0019:41 HOURS, on the 21st day of March , 2000 at 106 MAPLE DRIVE MECHANICSBURG, PA 17055 by handing to SUZANNE E. KNAUB a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.20 .00 10.00 .00 34.20 ~~ri-t:~( R. Thomas Kline me this t1/ /0 - day of 03/22/2000 SAlOIS, SHUFF & MASLAND /' // By: ~6!::L~ r Deputy Sheriff Sworn and Subscribed to before cyuJ '! ,.:1..(JuO A . D . Ch-. (). l1t~b'A ,I~ prothonotary ; SAIDIS, SHUFF & MASLAND ATIORNEYS.AT.LAW 26 W. High Slreel Carlisle. P A ~ t , i MELLON BANK N. A. , IN TI!E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. NO.: 60- /(".20 ~ocr/~- RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAwYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FlND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 717-249-3166 800 - 990 - 9108 NOTICIA Le han demandado a usted a Ia corte. Si usted quiere defenderse en contra estas demandas expuestas en Ias paginas siguientes, usted tien veinte (20) dias de plaza a1 partir de Ia fecOO de Ia demanda y Ia notificackm. Usted debe presentar una apariencia escrita 0 en persona 0 par abogado y archivar en ]a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya. Se ha avisado que si usted no se defienda, ]a corte tomara medidas y puede enttar una orden contra usted sin previa aviso 0 notificacion y par cualquier queja 0 alivio que es pedido en ]a peticion de demanda. USTED PUEDE PERbER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENIRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 1 Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 ' 717 -249-3166 800 -990 -.ll1.Q1l. II1UE COpy FROM RECORD In Testimony whereof, I here Ilnt()set my hano an,d tile ~Of saitf coo, rt,at CafIi,"S'ft Pa rhi~ ay ~..... : ~ ':.~ ' 'nd~))~_ " Prothonotary , . ....,f.' SAlOIS, SHUFF & MASLAND ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A MELLON BANK N. A. , IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vi. NO.: RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) COMPLAINT AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDIS, SHUFF & MASLAND, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at Two Mellon Bank Center, Pittsburgh, Pennsylvania, 17259. 2. The defendant(s) are Ronald E. Knaub and Suzanne E. Knaub is/are an adult individual whose last known address is 106 Maple Drive, Mechanicsburg, PA 17055. 3. On or about May 05, 1998 the Defendants borrowed from and agreed to repay to Bank the sum of eighty-three thousand seven hnndred and fifty-five and 45/100 dollars ($83,755.45) ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract ofland together with the buildings and improvements erected thereon situate in the Silver Spring Township, Cumberland Connty, Commonwealth of Pennsylvania known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. At all other times relevant hereto, Defendants remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". 4. On or about May 18th, 1998, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1453, Page 872. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit liB n. 5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of defendants. 2 SAlOIS, HUFF & MASLAND ATrORNEVS.AT-{.AW 26 W. High Street Carlisle. P A 6. Under the terms and condition of the Note ("Note"), defendants agreed to make monthly payments to Bank in the amount of eight hundred fifty-six and 86/100 dollars ($856.86) beginning September 14th, 1998, and continuing each month thereafter. 7. Defendants have breached the terms and conditions of the Mortgage and Note and are in default under such terms and conditions because they have failed to make payment required in accordance with the terms thereof. 8. Defendants are presently indebted to Bank, as of February 15th, 2000 in the amount ofuinety-one thousand and five hundred and uine and 991100 dollars ($91,509,99) itemized as follows: Principal Balance $83,587.46 Interest to and including 02/15/2000 at $20.13 per diem $ 3,258.39 Late Charges $ 514.14 Attoruey collection fees $ 4,150.00 Total Due $91,509.99 9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of the institution of theses legal proceedings. 10. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $20.13 per diem, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys fees. 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.401c et seq., a Notice ofIntent to Foreclose and of Defendant's rights under said Act was forwarded to defendants on January 13, 2000 and February 05, 2000 by United States mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "D". 12. Pursuant to the Act of January 30, 1974, P. L. 13, No.6, 41 P. S. section 101 et seq., and in particular section 403 thereof, Bank gave written notice to Defendants of its intent to foreclose by a letter dated January 13, 2000, I II i! I' i: , 'I Ii and February 05, 2000 addressed to Defendants, by United Sates mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "E". 3 SAlOIS, SHUFF & MASLAND ATIURNEYS-AT.UW 26 W. High Stro.' Carlisle, P A marked Exhibit "F". 13. Copies of the mailing receipts, postal forms 3817, evidencing receipt of said Notices are attached hereto and 14. As set forth above, Bank has made demand npon Defendants herein to cure the default under the aforesaid default Mortgage and Note. However, Defendants have refused and failed and continues to refuse and fail to cure this WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against Ronald E. Knaub and Suzanne E. Knaub, defendant(s) in the amount of ninety-one thousand five hundred and nine and 99/100 ($91,509.99) dollars judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. plus interest at the rate of $20.13 per diem through the date of payment, including on and after the date of entry of SAID IS, SHUFF & MASLAND Dated: 3- 8-00 a J. D y, Esquire 53147 26 West High Street Carlisle, PA 17013 717 - 243 - 6222 Attorney for Plaintiff 4 II Ii II ( SAlOIS, SHUFF & MASLAND A'ITOBNEYS-AT.LAW 26 W. High Street carlisle, P A -~ --"~II MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vii. NO.: RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) VERIF1CATION I verify that statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. ~4904, relating to unsworn falsification to authorities. Mellon Bank, N. A. ~,~) - Dated: ?Jj~J rYD F " 5 ... ,,,,,,,,,',"~, , . ,,- ",". .'. - I, <:c_~ _ ~'M ..... . .:';, .t Fmm RONALD E KNllt1H SUZANNE lI: KNAW To MELLON BANK, N. A. Record.no.n to MELLON BANK N. A. P.O. BOX 149 PITTSBURGM, ~A ~~~~o-614t GOO673267 0611 00152 Legal Descriptions': All that certain property situated in t.he TOWNSHIP OF SILVER SPRING, in the County of CUMBERLAND, and Commonwealth of pENNSYLVANIA, being de~cribed as follows: PARCEL 3a-19-1610-052 and being more fully described in a deed dated 9/07/89, and recorded 9/20/89, among the land records ot the county and state set forth above, in Deed Book E34, page 345. :"\:<.., ~ . . -', .~: . . . , ~. J.." ,.; ..~..iL.~!i.ev.(9/94)l..C.8/94LD9191 , ~""..,i .,~~.. . ...., '::) , (." /...j.~ ";::~'Osi~ 08/40 :' 1.l'~\~/'d(:~~\ EXHIBIT A 'b ~ 8ood45JPA~ 876 Page; of; ~~ "'0' .,1. .<. '" ~~ .,- ."...~ <', "',"-,", ~ ;- , \~i+0~ l:~ 5?Mongage /PI/ /Ll:[~.{~t~ 7& r :::; "'/"';::::. i' ::1~ UELDS ;,J::: :J: .:. N D COUNj~' - h~.. 'D8I'lR/.18 PPl 12 09 - @ Mellon PIPS 1111111111111111111111'1111111111111 PennSylvania. Residential Property This Mortgage is made this !i.- day of ~ 998 . between N.UNAL1J E l\NAUl;I MAY SUZANNE E KNAUB (hclcin~flcl ...ilt:U 'Mu"g~guI'j ~ml ME,"LON BANK, N. A. (hereinafter called "Mortgagee'). A$ used herein, the tem "MDrtgagDr" refers individually and collectively to all Mortgag" Ulb, umluli buuh PIll"UlllI shull be juinUy und "L'Vcrully bUWld by the terms hereof: Whereas, RONlILD l!: KNAlIll SUZANNE E KNAUB (hereinafter individually and cDllectively called "BorrDwer") (is) (are) indebted to Mortgagee in the principal sum of ~w*$83175S.45*** r:.ollars ($ l:l~.I"". 45) evidenced by a note, cuntra<-'\ or letter of credit application ("the Notc") dated MAY 13 . ~998 To secure the payment Df all sums due. or which may becDme due under the Note and any and all extensions Dr renewals thereof In whole or in part (all of Which Is Ilerema{ler Cillle::d the 'Obligation"), and to secure performance of all obligations under the Note and this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and convey unto Mortgagee and its successors and assigns all tllat certain property situated in CllMB1!:RLlIND Couitty, Pennsylvania, and more particularly descn"bed in Exhibit "A", attached hereto and made a part hereof; PARCEL 38-19-1610-052 106 MAPLE DR ~~~L~HURG fA 1~2~~ JL.2lI6 Rev.(91'J4) LC 8194 LD 9197 Together With All the buildings and Improvement> erected therMn, the pP.vill)gt;ll and appurtenances thereunto belDnging. lIlld the revelliions and remainders, rents, issues, ind profili thlrlof (:111 of which ir. horninnftnr oollllll tM "Mortgaged Properly"); To Have And To Hold the same unto Mortgagee and its suc- cessors and assigns, ~'orever. Pruvld..J, However, t1l4l UI'UU l'~yw"ul in full uf lll" Ohlig~- lion, the estale hereby granted sllall be di:idUllgt:tl. Mortgagor represents, warrants, covenants, and agrees that: Fl!"l!t1 MorrgagDr will keJ'lp and perform all the covenants and agrccln611u ':Mtailled berei". Second: Without prior written consent of Mortgagee, Mortgagor shall not cause IlT permit legal or equitable title tD all or part of the Mortgaged Property to become vested in any other pernon Of entity by sale, operation of law, or in any other manner, whether voluntarily or involuntarily. Third: Mortgagor warrants that Mortgagor owns the fee simple title to the Mortgaged Property free and elear of all liens, claims, and encumbrances except those to which Mortgagee hIlS consented in writing. MDrtgagor COVlID.1nts that the Morreaeffi Prnpon}' ,qhall rontJOllc tD be heM free and clear of all Ilens, claims, and encumbrances except as expressly permitted by Mortgagee in writing. Fourth: Mortgagor wiII pay when due all taxes, asseSsments, levies, and other charges on or against the Mortpged Property which nuy attain priority over th.. lien of thJs Mortgage. If Mortgagor fails to do so, Mortgagee at its sole option may elect to pay such taxes, assessments. levies, or otller Charges. AI Mortgagee's request, Morlgagor shall deliver written evidence of all such payments to Mortgagee. Fifth: Mortgagor shall keep the Mortgaged Property in good repair, excepting only reasonable wear and tt'.ar. Mortgagor will permit Mortgagee's authorized representatives to enter upon the Mortgaged Property al any reasonable time for the purpose of inspecting llw condition of the Mortgaged Property. Without the written consent of Mortgagee, Mortgagor will not permit removal or demolition of improvements now or bereafter erected on . , I ~ BooK1453fA~ 872 EXHIBIT H Page lofS ,'~_' ~,~ _ _c ,~ ; ',," -,.", < ____,,;> :'-N_~"" ,'_'h~ ~', - ~"-~i -, I the Mortgaged Property, nor will Mortgagor permit waste of the Mortgaged Property or alteration of improvements now or hereafter erected on the Mortgaged Property which would adversely affect its market value as determined by Mortgagee. Sixth: The term 'hazardous substances' includes any substances, materials, or wastes that are or become regulated by any governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive, or other properties that may be hazardous to human health or the environment, as well as any materials or substances that are listed in the United States Department of Transportation Hazardous Materials Table, as amended from time to time. Mortgagor warrants that the Mortgaged Property does not contain any hazardous substances and that no physical conditions hazardous to human health or safety are present on the Mortgaged Property, except as previously disclosed to Mortgagee in writing. Mortgagor will neither cause nor permit the deposit, creation, or presence of any hazardous substances or the creation or existence of any physical condition hazardous to human health or safety on the Mortgaged Property. Mortgagor will comply at Mortgagor's expense with all laws, regulations, rules, ordinances, and orders of courts or governmental agencies regarding the Mortgaged Property, now or hereafter in existence, including but not limited to those relating to hazardous substances. If Mortgagor fails to do so, Mortgagee may, at its option, take any action it deems in its sole discretion to be necessary to effectuate such compliance. Mortgagee shall have no obligation or liability at any time with regard to hazardous substances or any other physical conditions which may exist on the Mortgaged Property at any time. Mortgagor will indemnify and defend Mortgagee against any and all liabilities or losses of any type whatsoever which Mortgagee may incur by reason of any hazardous substances or other physical conditions which may exist on the Mortgaged Property at any time; provided, however, that if Mortgagee shall acquire sole possession of the Mortgaged Property, Mortgagor shall have no obligation under this paragraph on account of any condition which may thereafter come into existence and which was not caused by a previously existing condition. Mortgagor's obligations under this paragraph shall survive the termination and satisfaction of this Mortgage. Seventh: Mortgagor shall keep the Mortgaged Property insured against loss by fire, all other hazards contemplated by lhe term 'extended coverage,' and such other risks and hazards as Mortgagee shall require, in such amounts as Mortgagee shall require. Mortgagor will purchase flood insurance as and to the extent required by Mortgagee. The insurer or insurers will be chosen by Mortgagor, subject to approval by Mortgagee; and approval shall not be unreasonably withbeld. All insurance policies shall contain loss payable clauses in favor of Mortgagee and shall be cancelable by the insurer only after prior written notice by the insurer to Mortgagee. Mortgagor shaJI deliver written evidence of all such insurance to Mortgagee. 051398 08:40 ~ Mortgagor fa.its to obtain and ke~p in force any required msurance or falls to pay the pre1lllums on such insurance Mortgagee at its sole option may elect to do so. In th~ event of loss, Mortgagor shall give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect to make proof of loss if Mortgagor does not do so promptly, and to take any action it deems necessa!)' to preserve Mortgagor's or Mortgagee's rights under any insurance policy. Subject to the rights of the holders of any prior mortgage, insurance proceeds shall be applied to restoration or repair of the Mortgaged Property or to reduction of the Obligation, as Mortgagee may determine in its sole discretion. Mortgagor hereby appoints Mortgagee and its successors .and .assigns as Mortgagor's attorney-in-fact to endorse Mortgagor's name to any draft or check which may be payable to Mortgagor in order to collect such insurance proceeds. Eighth: Mortgagor hereby agrees to repay to Mortgagee on demand all sums which Mortgagee has elected to pay under Paragraphs Fourth and Seventh and any costs which Mortgagee has incurred in taking actions permitted by Paragraph Sixth. and all such sums, as well as any amounts for which Mortgagor has agreed to indemnify Mortgagee under Paragraph Sixth, shall, until repaid to Mortgagee, be a part of the Obligation and bear interest at the highest rate permitted by law (but not exceeding the contractual rate or rates of interest applicable to the Obligation by the terms of the Note). Ninth: Subject to the rights of the holders of any prior mortgage, Mortgagor hereby assigns to Mortgagee all proceeds of any award in connection with any condemnation or other taking of the Mortgaged Property or any part thereof, or payment for conveyance in lieu of condemnation. Tenth: If the Mortgaged Property or any portion thereof consists of a unit in a condOlninium or a planned unit development, Mortgagor shall perform all of Mortgagor's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws, rules, and regulations of the condominium or planned unit development, and related documents. If a condominium or planned unit development rider is executed by Mortgagor and recorded with this Mortgage, the covenants and agreements of such rider shall be incorporated herein as if the rider were a part hereof. Eleventh: In order to further secure Mortgagee in the event of default in the payment of the Obligation or in the performance by Mortgagor of any of the covenants, conditions, or agreements contained herein, Mortgagor hereby assigns and transfers to Mortgagee and its successors and assigns any and all leases on the Mortgaged Property or any part thereof, now existing or which may hereafter be made at any time, together with any and all rents, issues, and profits arising from the Mortgaged Pag_20fS Bw1453rAGt 873 ~, - .~ - :;.., . I , " '-". , , 11-286 R<v.(9194) LC.8194 LD 9(97 Property under said leases or otherwise. Mortgagee shall have no ohligation to perf oIl!! Qr c;!ischarge any duty or liahility under such leases, but shall have full authorization to collect all Tentll umlr.r !hr. lrasrn nr l1thr.IWi~I\ tn takl\ fIll~~f"I~inn nf and rent the Mongaged Property, and to take any action, l1\~luiling legal 3\o1.ion, it deems necessaI)' to preserve Mort~a~or's or Mortgagee's rights under such leases. Mortgagor shalll'lOt collect any rent in advance of the date Ills due. Twelfth: In the event that (a) any warranty, covenant, or agreement COlltailled h~r~in "' breached; (b) any representation or warranty contained herein, or otherwise made by any Morlg-dgur in connection with this Mortgage proyoo to be false or lllislcadillg; (e) sl\Y default occurs Ul\der thG Il!;rD15 of the- NOLe: Of any Zi.,gu:cmclll (;vi~cJlcing, sr;:curing, or otherwise exllWted and delivered by any Borrower or Mortgagor in connection with the Obligation; (d) any default occurs under the terms of any other mortgage or other instrument creating a lien on the Mortgaged Property; (e) a holder of any lien enc'1JlIIbering the Mortgage<! Property or any portion IhoNof (whether Buch lien ill junior or sUl'Crior to the lien of this Mortgage) commence.'! a foreclosure or any other proceedIng to execute on ~ueh lien; (1) any Mortgagor hecomes insolvent or makes an assignment for the benefit of creditors; or (g) any action, petition or other proceeding is file<! or commenced under any state or federal bankruptcy or insolvency law, by Mortgagor or anyone else, regarding the assets of Mortgagor; then, in addition to exercising My lighl:> whi"h MO'lll"ll"'" [[1l1Y lu1v~ und~r the tenns of the NOte or any agreement securing repayment of, or relating to, MY portion of the Obligation or whieh are otberwise provided by laW, Mortgagee may foreclOse upon the Mortgaged Property by appropriate legal proceedings and sell the Mortgaged Property fOT the collection of tbr. Obligation, together with costs of suit and an attorney's commission equal to thr, 11'1\,'Il',r nf (a) 10% of the ~mo\lnt due or $500.00, whichever is greater, or (b) the maximum amount permitted by law. Mortgagor hereby forever waives and releases all errors in the Saill ~r~ngs, stay of execution, and the right of Inqui.itn)D and extension of time of paymenl. Thirteenth: The rights and remedies of Mortgagee provid~d b..rein, in the Note, or In any other agreement securing repayment of, or relating to, any portion of the Obligation, or otherwise provided by law, shall be cumulative sltd l\'llIY be pursued smgly, WI1"Ull~UUy, 01 successively III Murtgllg~e's sole lIiscTetion, and may be exercised as often as necessary; and the failure to exercise any such right or remedy shall in no 6Vent be construed Q$ a waiver or release of the same. Founeenth: The covenants. conditions and agreements col\luineu hc:reiJl shall bl1\4 the heirs, pers6MI leprcscntatiVC8, and su=nrs of MOj'lg;>gul, "Illl lh~ rights and privileges conlamcd herein shall inure to the successors and assigns of Mortgagee. Fifteenth: This Mortgage shall be governed in all respects by the laws of Pennsylvania. If any provision hereof shall for any rooson be held invalid or uuen{u,w"bl", nu other provision shall be affected thereby, and tbis Mortgage s!!a,1I be ~nstf\led llli if th!; invalid or unenforceable provision had never been part of il. Page 3 of5 BOOK1453pAGf, 874 ,>;" _~_.l.'__~J.,,,-"'"iU'~~<~'~';"""'_'" - _'~_" "^ ~~~"'_'-_^_>'"I , -, , ::~:tai._~~~~I~'<<~~i~~W~~1:~i~~;Wi.iB~~tmw.~.:' ..:~.- '}." ~g_.~.Bii~ji..J~~.f_~~~th. .J&:~:... .~ , ~:. .. , . '.,.'. Witness the due execution and sealing hereof the day and year first above written: ~ '-no 1Pr ~~~~~ (Seal) ~ Mortgagor X X ~~ ~it(). _~;, _ 'no t? ~~rt~&~~~~~ ~B~_L.J- (Seal) ~ ~ Mortgag:U== ~ ~ x. (Seal) fj.f~4Wi1f~~~~~......tj~1~tif~1h~1A.$!.~%W~.~.%1:1%ift\1OC4fFtm~~B{*,fj' d^v,.",.l~1!.l,::",._;~>>. ~~~i~~~~~"MB~~1MWt~:~~~1;mi~iNit:::,@WWi...~~<<<<~:~%-mfm~@Wt*.. ME1.LON BANK, N. A. , Mortgagee within named, hereby certifies that its principal place of business is at ME~LON BANK. CENTER ME~LON BANK, N. A. PHILADELPHIA, PENNSYLVANIA 19102 By: X i~_.IJJI~~~~~-'"~~~~\_~~~~1i*IJif.; ,'A'>.'..'.'l".','. ',".*X-;'. m.,*"x-~!-m!U!P">,V'm..,r.--i$..,,,:f;ti:l,Jf~&::.-..,....;.dt_~%t~.-=.,:;:-~X';<,....^......t:J COnMO~ALTH OF PENNSYLVANIA Cu.rn k-l III i- d.- On the J '-/'1-.;., day of IY} a.-<.( RoNl\Lll E KNAUB s\I1ANNE County of , /7'i 1befOre me personally came E KNAUB ) who, being .' , ~. ..J' ,,'.:..,.....,.:,;:., did sign the foregoing instrument, and that the same is 'f1~ ereunto subscribed my name. duly sworn,dida~kl1owledge that . free act and 9Ced: ,Itii~s~ony whereof, I haV' ~. , ..: i.: - ~.:~ ;.... : .. ,,! . \2;:,'::'S~~.::.::::~::~~. .' ':, ~~ ,..'-"?"t\" ::~~'"'' j,.... X i). :_iR~.i~~~~~~rll~~4-~~~~if~1IiW~]~}~~~!~it~!rij~r . ,~~'w'. .:.- :<d'''i".<~~t.~f~~!SgS!''!!f:I~"^~~"~,,,"f&':Wm,,>:<,,,,,~g_w$.,,.,,,~$t:::i~~~~~....}.;;* Commonwealth of P;nnsyl~ . ~ COllntyof ~Mb.v\\Q/Vd ~ ss. I ~~ Recorded in the Office of the Recorder of Dlds in and for said County on the ~ q . 4F~ 't?l ~ , in Mortgage Book Volume J , page ;;), Recorder X .....1( day of (Y\ rJ.t.../ '. ,.'.' { ',- ~ ... "~{.~ 1'-0 ' . '\=I ~ c..~ "~ {'" '. .c?j~)k~~;~~~~~~ . Witness my hand and the seal of said office the day and year aforesaid. ~ . -"-, :'..--" " ", ":':~ . ~ ',.Jl:.: f~~'."''''' ~ .~. ..';;'1 ~:-(:; :1.::(\; .. ,'t".~'II' ",' "r< ..-" '_:..-' J I . ",';'. -. -'.....". ". ~ ,- " .t~..~... -' \\ .;~.. lO~_/~1I1 . ;~,-'!l ji'~'Y'''-''''' t\.~ I ,,' _.~'4.6f5 : .""~I . ~' _,.... ~1 ' ",,- - a !:t.~~ ..~' ,,'II ':'j.' . .... ,'(ht~.'.......'~\\'f!<'-i >""'"81:'''''':''''''' .r ..~,_.,kn.~ ...,t.r . .. _....=--~,...1IP 051398 08:40 80u' 1 ,153 rAGE, 875 Pr9mis$ory Note ~ Mellon PSFS 1111111 ~I~IIIIIIIIIIIIIIIIIIIIIII (Secured) Creditor .MEL1.ON BANK, N. A. MELLON BANK CENTER PHILADELPHIA, PENNSYLVANIA """untNom"" 152-1046769 D'le 19102 n..U&llWt.(lom)l-CS/91 LD8197 ANNUAL FINANCE CHARGE Amount FlBanced Total 01 PaymeDts PERCENTAGE The dollar amount the Tbeamountof~tp~ The amounl J will have RATE credit will cost me. vided to me or on my paid after I have made Thc:cost of my credilas ayeariyrate. beJuIl. aU paymea~ as. scheduled. 9.03% , 71590.99 (.) S 82501.45 S 154092.44 My payment schedule will be: NumberofPavmPnLS A. nt ofPavrnenb When Pavmen1S Are Due 179 856.86 Monlhlv,,,,,"inni..on 09/14/98 e 1 714.50 OS ,. 13 e Var:lable Rale (ApplIcable if che<:ked): 0 My loan contains a variable rate feature. Disclosures about the variable rate feature bave been provided to me earlier. Seeurity: you will have a security interest in: Cl motor vebicle Clifeirlsurancepolicy U.C.C.lilingfees , .00 o mobile nome C deposit account Fees for encumbering cenificatc , .00 Cseeurities \I realpropetly or title C Beneficial interest in land trust Fee forreeonling mortgage or S 27.50 [] deed of trust [] Recordation tax S .00 EllI deposilS which I have with you Fee for satisfying mortgage or S 14.00 I<J Collateral securing other loaM with you may also secure lhis loan. If this loan deed of trust Is secured by a deposit account, the annual percenlage rate does not lake inlo account yaur required deposit. l.ate CbaTge: If a payment is more than 15 days late, 1 will be charged $ 20.00 or 10% of the payment, whichever is greater. PrepaJmeld: If I pay off early, I Villi not have to pay a penalty. Assumpdom SomeoJle buying the property securing this loan cannot assume the remamder of the loan on the original tenns. See the contract documents for any addttional information about nonpayment, derault, and any required repayment in full before the scheduled dale. <t"'_oVl~tl/fl ItemlzatlonortbeAmotlDlFtnancedor$ A?~O' 41'; : S .00 Amount paid on my account (refinancing of prevlOtlS loans): Oat" Loan N1IIDber I / I / s mftm!f:.ti",,~~r AmountgiVetl to me directly -SEE AUTHORIZATION TO DISBURSE PROCEEDS. Amotmt RefiDBm:ed , , I I Amount paid to olhen on my behalf: $ 41.50 S tocreditbureauS 39.95 $ 60.00 to GEN AMERICAN CREe S 14.00 to '1'RANSAMI!RlCA S to * to public: offidala/govem:mcnt agencies to appraiser s to insurance cOmpaoy prepaidfinancecb8rge ~11lrJT', ~.. <~. "'l!ITlf~I!. I~ ~!U!lf.L:"1 .. "il~_ In ~his nOle, the words I, me and my refer to anyone signing this Dote as a Bcrrower. Bach Borrower is responsiblc: for the ~yment of all amounts owed under this nofe, and agrees 10 aU of Ihe terms oCthia note. 1bewords10Q and your refer to the cn:ditornamed above.. , S S to nolaI}' \0 10 1,254.00 The wordCoIWual me:!am 'M.IY pctSona\ propeny in which {aU!: giving you a ~ty in1UClt in this notc-, or'Wbicb is ooveted by MrJ separn.teleC\lrity agreement sec:uringlhisnole. I promise to pay you $ 837 5 5 . 45 . This amounl is called the "Principal Amounl~. I also promise 10 pay you inlerest on the unpaid balaDce of the Pri/1cipal Amount at a .simple interest l'llle of .024082192 % per day. lnterestwill be charged on llteunpaid balance of the PriDcipal Amount fO("C8Cb day (inr.lllding Febr1ll1l'}' 7.9). I will PllY the Principal Amount and the interest at any place designated byyou, lIccording 10 the paymentachedule &hown llboVe. On the 16st payment date] will pay any pan of the Principal Amount and any inte~t whicb remains unpaid. I will continue to pay interest at lhe rate shown above on any pan of * the Principal Amount as Ions: as it remains unpaid. I llgt= that aoyjuc:lgment foraoypart of the Principal Amountwlll bear IntereSt at the same rate undl it is paid. (ApPlicable if theckei1):tJ }I 1 cbange. or }'O\I requite me to dtangc, to l"ayment Method n the simple interes1 ate on this note will clumge to "l"'day, (Applicable if d1cckcd): 0 'The simple Interest rate is a discounted rate based on a separate agreemenl which I have entered into with you. If I discontinue that separate agreement oryou discontinue il because lno longer meet the requirements of that agreement in cffe.ct as oftbe date ofthia DOle, but 1 continue 10 make paymenu under Payment Method #1, the simple ioterest rale on Ims note will change: to % per day. Effi:Ctive with the first payment Ihat is due at l~t 30 days after any change in lhe simple interest rate, my regular monlhly payment will change to the amount necess.ary to repay by the original due date of the final payment that part of tlte Principal Amount whidt mnains unpaid on !he dale of the rate change, with interest al the new rate, in equal payments. If 1 select credit disability Insurance on this loan, tlle monthly disability benefit will be limited 10 the amount of the original benefit as disclosed on the certificale of inSurance. EXHlB'T C I~ CREDITOR COPY Page 10f4 ,-, ,~, ,A-, 'J I understand that JIl3king payments on time is essential to avoid default on this note. In addition, iC any payment Is not made in full Within 15 days after it is due, I will pay a late charge of $20.00 or 10% of the payment, whichever is greater. J have paid or will pay the following fees and charges: tJ.C.C.FilingFees Fees Cor cnCtlmberi/lg certificate ofdtle Fees for recording ID.ongage or deed cf trust Recordation tax Fee for satisfying mortgage ordeed of trust (estimated based on current rates) Appraisal fee Titleexamination f~ TItleinsurancep.teDlium Notary fee Fee for dcler'lIUning: flood hazard status of property Settlement or closirlg fee Loan origination fet Continuing verification of flood status fee BrokerCee $ $ $ 27.50 $ $ 14.00 $ 39.95 $ 60.00 $ $ $ 14.00 $ 15000 $ $ 00 $ 1254 00 I am giving you a security interest 10 the propertydcscribed below, including all attachments and pam which are installed in or attached to the property: or which may be installed or llltaehed in the future, aud all proceedi of tbe property and attadlments and pans. ' I ~ea~ew [] Used I Make I Model I SerialNumber I ModelNumber I Payment Method&: I cboose to make payments by the metbod checked below; o Payment Mel.hGd #1: I authorize you to take payments out of on or after tbe dates they are due. I will keep a large enough balance in this account to cover the full amounts of the required payments. ca Payment Method #%: I will mail or delivereacb paymCDt to you so lhat you will receive it DO later tban tbe date itia due:. If I have chosen Payment Method #1, you may require me to change Payment Method #2 if 1 fail at any time to have a large enough balance 10 the deposit account shown -~I'\o e to cover the funamount~fa DaVlIlent reouired under this note. or ii-l;;~ d~it account ~;j~ Property IDsnrQ.ee: Insurance against loss. oC or damage to the Collateral ~ is [] is not required. tgsurer. ALLSTATE INS Ageat (ifkaOWll.): MARK PEIPER C i& Flood insurance required in connection with this loaD. II moot If flood insurance or other insurance on real or personal property is required in connection with this loan, I may obtain such insurance from anyone I want that is acceptable to you. "l"HE ADDITIONAL TERMS ON PAGES 3 AND 4 OF nus NOTE AREA PART OF nus NOTE. R:t!l1iiil.?/ii"'"'__tIN.r [f]f&l'm!pw",_;~ ',J'[lliiEi ~~1, Eli\! H,~ WIk_ YOu are bein$ asked to guarantee tbis debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount. The Creditor can collect tl1is debt from you without first trying to collect from the borrower. The Creditor can "",lhe $lIIl1e collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. ]f this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that makes you liable for the debt ~m"'___#&_:_iffiiwm,,'m<m:mi' jjf~. ", ~~_~zm."".zg@ tCw"'>ff'" ,,~_,*m__$$0~_m,",~mm,m .[ ,im{ ;,,__W_-._ BY SIGNING THIS NOTE, I ACKNOWLEDGE THAT I HAVE RECEIVED AN EXACf COPY OF PAGES 1 THll.OUGH 4 OF nus NOTE AND TIlE DISCLOSURES ON PAGE I WITH ALL APPllCABLE BLANKS APPROPRIATELY FILLED IN, PRIOR TO THE CONSUMMATION OF THE TRANSACTION. THE ADDmONAL TERMS ON PAGES J AND 4 ARE PART OF nus NOTE. Borrower RONAL[I E :rnl"UB , I(tT1~( (.#1~ B'""","" fUZANNE E KNAUB _ L , S..JI1fAU./ J!.'1 /JoR- B","""" (Seal) , (S<all - (SW) , (SW) If applicable, this installment loan corresponds to relationship demand deposit account NOTICE: If j have a dispute with you regarding my loan, I understand that any cheek or other Instrument I submit to you as payment in fuU of my loaD must be sent or delivered to Mellon Bank, N.A., P.O. Box 53S001, Pittsburgh, PA 1.5ZS3-SOO1 or any other address for such payments you advise me orin the future. 'THIS CORRESPONDS TO A SIMPLE RATE OF 8.79 % PER YEAR IN THE YEARS OF 366 DAYS. THE RATE WILL BE 1. 365TH HIGHER THAN WOULD BE THE CASE IN YEARS OF 365 DAYS. 051398 08: 40 Page 2 of4 "-l!!l:rBI\lf"i ~~~.'. J_ .a,~'A&,"!lL~I!I'~ . .. '~ Events or Default: It is a default under this Dote if: (1) any payment is not made when it is due; (2) [break any promise in this note; (3) you discover any false or misleading statement in this note or in any other information I have given yoU; (4) anyone attempts to seize, attach, or create a lien on the Collat""'l under any legal process; (5) the Coliateral is lost, destroyed, s!Olen, or abandoned; (6) I die; (7) I make any assignment for the benefit of creditors; (8) ] become insolvent; (9) any petition relating to my debts is filed under any federal or state bankruptcy law; (10) I default under the terms of any lease, mongage, or deed of lrusr on the property where the Collateral is kept; (11) anyone attempts to garnish or attach any deposit or other property belonging to me wbich is in your possession; (12) any insurance policy securing this note matures for any reason; (13) any event occurs which, under the terms of any mortgage or deed of truSt securing this note. gives you the right to foreclose on the property securing this Dote; any person who signs a separate security agreement to secure this note breaks any promise in the security agreement; any person who signs a mortgage, deed of trust, or separate security agreement to secure this note dies, becomes insolvent, or makes any assignment for the benefit of creditors; any petition relating to such a person's debts is filed under any federal or state baokrupt(.j' law; or you discover any false or misleading statement in such a mortgage. deed of trust, or security agreement. Your Rights in the Event of Default: If any of these events of default occurs, or if I voluntarily give you possession of the Collateral. you have the right. if you choose to do so, to declare aU amounts. which I owe under this note immediately due, subject to any requirements for notice and a right to cure the default imposed by law. You may, without judicial process, take possession of the Collateral and anything contained in it or attached to it. You can enter any private property in order to do this, so long as you do not commit a breach of the peace. If you tell me to do 50,1 will deliver the Collateral to any place you choose which is reasonably convenient to both of us. I must send you a notice by certified mail within 48 bows after you take the Collateral in order to get back any property contained in the Collateral or attached to it which I do not believe is covered by your security jnteresL If I do not do this, I will lose the right to claim such property. You can also sue me in court to get the Collateral if you choose to do so. If you employ an attorney who is not your salaried employee to collect any amount which I owe under this note or to protect your rights under this note in any way, I will pay reasonable attorneys fees permitted by law, and costs of any legal proceedings. I hereby waive the benefit of all Indiana valuation and appraisement laws. My Duties Regarding the Collateral: If I am obtaining this loan in order to purchase any of the Collateral, I will purchase it promptly after receiving the loan proceeds , from you. Anyone who has or will have an ownersbip interest in the Collateral is signing either this note or a separate security agreement. No one else except you has or will have a security interest in the Collateral or any legal rights in it. I will tell you promptly in writing if I change my address. Unless you keep the Collateral. I will keep it at the address in my loan application or I will tell you in writing where I am keeping it. I will not permanently remove the Collateral from that location unless you give me written permission to do so. I will not allow the Collateral to be attached to real property or to any other goods without your written peI1ltission. I will not allow the Collateral to lose its identity or to be used for any illegal purpose. If the Jaw of any state requires or permits a certificate of title to be issued covering any of the Collateral, I will make amain that your security interest is noted on the certificate of title. I will see that the certificate of title is deliVered to you within 10 days of the date of this note. I will keep the Collateral in good condition and repair, except for reasonable wear and tear, and will pay aU taxes and other charges which may be assessed on it. If I fail to do so. you may, ifycu choose, take reasonable steps 10 protect the Collateral and pay such taxes, other charges, or costs of repair and maintenance for me. If you do this, you may require me to reimburse you, immediately 01 at any later time, for any such taxes, charges, or costs which you have paid. At the time you pay such amounts or at 1'oy later time, you may add the unpaid balance of such amounts to the unpaid balance of the Principal Amount of this note. You may requite me to pay interest on the unpaid balance of such amounts at the rate shown on page 1 of this note or at any Jower rate. You may, it you choose, increase the amount of my monthly payment untill have fully reimbursed you for such amounts. l will give you written proof of payment of any such taxes or charges and the costs of any repairs, Hyou request it. You have the right to inspect the Collateral at any reasonable time. If the Collateral is Jos!, damaged. or destroytd. I will still pay everything I owe under this note. Insurance: ]f you require me to, I will insure the Collateral against loss or damage. If you require me to buy flood insurance, I will buy the amount of insurance coverage which you require. Any insurance policy will provide for payment of the insurance proceeds 10 you to the extent necessary to pay the amounts wlrlch I owe under this note. I will give you any insurance policy or a certificate to show that I have it. If I do not buy and maintain the required insurance. or if I do not pay the premiums, you may, if you choose. do these things for me. If you do this and I do not reimburse you for the premiums within a specified time. you may add the unpaid balance of the premiutllS to the unpaid balance of the Principal Amount of this note. In this case, interest will be charged on the unpaid balance of these premiums at the rate shown on page 1 of this note, beginning on lhe dale you paid the premiums. I direct all insurance companies providing fIoo<l. insurance, other insurance on real or personal property.. or credit insurance in connection with this loan to pay you any money owed to me (including any premiums which are returned for any reason). You may use any such money to pay amount which I owe under this note. 1 appoint you as my attorney in fact to endorse my name to any draft or check for such purpose. CREDITOR COPY Page 3 of4 '~L: ..L<..,L, ~ ........ ..~ . ~ -~ >-''- ,11 ~ MlsceUaueous: This note is secured as indicated in the Federal Truth in Lending Disclosures on page 1 of this note. All the provisions of any ", mortgage, deed of trust, or other separate security agreement which 1 have signed to secure this note are a parr of this note. I will sign any documents you consider to be necessary, and I will pay all fees and taxes which must be paid to public officials and which ~re disclosed in the Federal Tru'!h in Lending Disclos'.lres on page. 1 of this note, to perfect any secunty interest which I have gIven you and to record and satisfy any mortgage which I have gIven you. I appoint you as my attorney in fact to do whatever you .coJ.1Sider to be necessary to acquire and maintain the lien of the mortgage and to perfect and maintain perfection of these secunty Interests. If at any time you agree to extend the dates on which JaymeDts are due under this note, you may charge me a fee for such extension not exceeding $50.00 for each month or &,arti month of the extension period (subject to any limitations imposed by J~w). ~ou ~y also require me to pay inte~t f?r e extension period a~ the begInning or the extension period, SUb~ to any lUnItatlons 1D1posed by law. You have no obligation to agree to any extension; and, subject to any limitations imposed law the tenns of this paragraph can be changed if you and I later agree to different terms. ' If at any time you reasonably believe that the value of the eoIJateral has become insufficient to secure the amounts which] owe and any amounts which 1 may owe in the future under this note. I will give you additional coIJateraJ. Jf any money which I owe under this note is not paid when it is due, you have the right to take that amount from an~ deposit which I have with you, now or in the future, other than deposits in Individual Retirement ACtounts or Keogh (H.R. 10) lans or deposits in which the law prohibits you from having a security interest. ' You will continue to have any security interests which you have taken in connection with any ~evious note which is being refinanced by this note. If you have any liens on my property as a result of entering judgment un r the terms of any previous note which is being refinanced by this note, you may retain those liens to secure the amounts refinanced. ] do not have any defense to the enforcement of any sllch judgment. Regardless of the terms of any other document, this note will not be secured by any deposit other than those which I have with you individually or jointly, nor by allY other property, unless a security interest in such deposit or other proper:fus has been given to you in this note or in a document referring specifically to this note or another extension of credit. F1irther, note will not be secured by any real property unless a security interest in such real property has been given to you in a document referring specifically to this note or a previous note which is being refinanced. by this note. or you have a lien on such real property as a result of entering judgment under the terms oCa previous note which is being refinanced. by this note. I authorize you to yay that pan of the Principal Amount shown in the Itemization of the Amount Financed on P":ge 1 of this note as ~ Amount grven to me direct1y,~ and any money which you may owe me for ant reason in connection with this loan. to any or to all of the persons signing this note as "Borrower.M My endorsement ofa check r any part of this amount will evidence my consent to payment of that parr of tile Principal Amount to any other payee named on the check. If, on any particular occasion or for a period of time. you do not charge me a rate or amount which I am obligated to pay under this note, or charge me a lesser rate or amount, or do not enforce a right or remedy which you have under this note. or enforce a right or remedy to a lesser eJCtent than permitted by this note, you will still have the right to charge the full rate or amount or enforce that right or remedy to its fullest extent at any subsequent time. If I make a partial payment and you accept it, even though it is designated as full payment, I will still owe the reSt of the money I should have paid; however, see the notice on pa~e 2 regarding such payments when I have a dispute with you regarding my loan. ]n addition to the rights and remedies provided m this note, you will have all rights and remedies provided by law. I may pay all or any pan of the Principal Amount before it is due, without any penalty. The unpaid balance of the Principal ~ount for any day is determined by taking ~e beginning balance !or that day, ~dding any amount which you add to the PrinCIpal Amount that day under the terms of thIS note, and subtracnng that portion of any payment which is a~li.ed that day to the Principal Amount. Payments wiU be =iOO fust to interest and any other charges due. then to the Principa Amount. Payments received on Saturdays, Sundays. or holl ys will be credited as if made on the following business day. If] have signed a request for credit .insurance. the provisions of that form. and the Group Credit Ute Insurance Certificate are a part of this note. If it is determined for any reason tllat a pan of this note is invalid or unenforceable, this will not affect any other part of this note. This note will then be read as if the lQvalid or unenforceable part were not there. You can transfer your rights and p~ileges under this note to anyone Y01;' choose. My duti~ under this note will be performed by my beirs and personal tepresentanves. I WIll not transfer any nghts which I hav7 under this note to anyone. I !"'dersulDd that my obligations to you under this note wiD not be affected by any dIVorce proceeding nor by any order of court ISSUed m such a proceeding. Federal law applies to certain ~cts of this Promissory Note, including but not limited to the finance charge. The laws of PENNSYLVANIA . apply to all other aspeCIS of this Note. ~eUon is committed to furnishing ~mplete and accurate information about your relationship with us to consumer reporting ~encies. If you believe that the information we report about your account is incomplete, lnaccnrate or outdated, you may write !to us at the following address in order to notifY us of a problem concerning our reports: Mellon Bank, N.A., P.O. Box 149, Pittsburgb, PA 15230- 0149, ATIN: lL Res.....h. lfWe acknowledge that these are pages 3 and 4 of the Promissory Note (Secured) which I/We have signed on page 2. RONALD E KNAUB ~[K (Initials) SUZANNE E KNAUB 6~L (Initials) i (lnillal$) (InitiaJa) 051398 08:40 Page4of4 , " , ,,~q-' , , ,~- ~'-~~- ~~ ~! ACT 91 I 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12,2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO . ' YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortoaoe on your home is in default and the lender intends to foreclose, Specific Information about the nature of the default is provided in the attached paoes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice exelains how the prooram works, To see if HEMAP can heip, YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet the counselino aoency. The name. address and phone number of Consumer Credit CounselinG AGencies servinG your County are listed at the end of this Notice. If YOU have any questions. YOU may call the Pennsylvania HousinG Finance Aoency toll free at 1-800-342-2397. {Persons with imeaired hearino may call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Ronald E. Knaub 106 Maple Drive Mechanicsburg, P A 17055 152-1046769 Mellon Bank, N. A. Mellon Bank, N. A. Suzanne E. Knaub Loan I Account number: Original Lender: Current Lender I Servicer: 1 El,"UB\l 0 ill\\~\\ t. 'w. ,,,,,-,..I '''.",''",' - ,..~" c~ _ ,.,_ '-'-"'", . . ., HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If vou meet with one of the consumer credit counselino aoencies listed at the end of this Notice the lender mav NOT take action aoainst vou for thirty (30) davs after the date of this meetino. The names, addresses and telephone numbers of desionated consumer credit counselino aoencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) 2 ",. ." ,~ ~ ' .0<-__..,.."'''' '__:"J - ~-i HOW TO CURE YOUR MORTGAGE DEFAULT (Brino it up to date) NATURE OF THE OEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: September 14, 1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF: inspections: Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFAULT. You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,712.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check, certified check or money order made pavable and sent to: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Center, Room 152- AB50, Pittsburgh, PA 15259-0001. . You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the iender intends to exercise its riqhts to accelerate the mortqaqe debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start iegai action to foreciose upon your mortqaqe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually Incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. yOU will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rlqht to cure the default and prevent the sale at any time UP to one hour before the Sheriffs Sale, You may do so bv payinq the total amount then past due, plus any late or other charqes then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinq bv the lender and by performinq any other requirements under the mortqaqe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Safe of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of 3 ; "'-" . , _ . ,'., . =.~ ~~^ ......~..~u. 'J this notice, A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura Cortazzo, 412-234-6637. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: o 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. o TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. o TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) o TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. o TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. o TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, cc: Laura Cortazzo (Account no. 152-1046769) Mailed by 1" Class mail I Certificate of Mailing and Certified Mail No.: Z 332 881 589 4 ~ " ACT 91 I 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12, 2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, P A 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WilL BE USE:DFCR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortGaGe on 'lour home is in default and the lender intends to foreclose. Soecific Information about the nature of the default is provided In the attached paqes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPl MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the proqram works, To see if HEMAP can helo, 'IOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with 'IOU when 'IOU meet the counselinG aGencv, The name, address and phone number of Consumer Credit CounselinG AGencies servinG 'lour County are listed at the end of this Notice, If 'IOU have anv questions, 'IOU mav call the Pennsvlvanla Housino Finance Aoencv toll free at 1-800-3<12-2397, (Persons with Imoaired hearinG mav call (717) 780-1869, This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain It. You may also want to contact an attorney in your area. The local bar association may be able to help you find a iawyer, U\ NOTiFICACION EN ADjUNTO ES DE SllMA livlP0RiANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMAOO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEOE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Suzanne E. Knaub Loan I Account number: Original Lender: Current Lender I Servicer: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 152-1046769 Mellon Bank, N, A. Mellon Bank, N. A. 1 ..- " ,~ ", ", HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCliR vViTHiN THE.NEXT THiRTY (30) DAYS. IF YOU. DO NOT APPLY FOR EMERGENCY MORTGAGE ASSiSTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - if YOU meet with one of the consumer credit counselinG aGencies listed at the end of this Notice the lender may NOT take action aoainst YOU for thirty (30) days after the date of this meetino. The names. addresses and teleohone numbers of desiGnated consumer credit counselinG aaencies for the County in which the orooerty is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage Is in a default for the reason set forth later in this Notice (see foilowing pages for specific information about the nature of your defauit.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsyivania Housing Finance Agency. Your application MUST be fiied or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMA TtON PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stili apply for Emergency Mortgage Assistance) 2 / <;" .' ~ ><- j,-. ~I'" , - HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: September 14, 1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFAULT. You may cure the defauit within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHiCH is $4,i12.75, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check, certified check or money order made pavable and sent to: Laura Cortazzo, Mellon Bank, N. A., Two Mellon Center, Room 152- AB50, Pittsburgh, PA 15259-0001. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT. If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the iender intends to exercise its riahts to accelerate the mortaaae debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legai action to foreclose upon your mortoaoe propertv. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the morrgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you wili still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAYoeriod, you will not be reouired to pav attornev's fees, OTHER LENDER REMEDIES. The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the riqht to cure the default and prevent the saie at anv time UP to one hour before the Sheriff's Sale. You may do so bv pavinq the totai amount then past due. plus any late or other charqes then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writin<:1 bv the lender and by oerforminq any other requirements under the mortoaqe, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of 3 .. liIllllii-,1 ~" , ~ . ..' this notice. A notice of the actuai date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura Cortazzo, 412-234-6637. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTiON OF MORTGAGE. You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. o TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSiTION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THiS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TiMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDiNG OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, cc: Laura Cortazzo (Accau"t no. 102-1046-i68) S&> Mailed by 1" Class mail I Certificate of Mailing and Certified Mail No.: Z 332 881 ~ 4 ,.,' _L, .'.-'.=-.== .~~ ACT 91 /6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 12, 2000 To: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanlcsburg, PA 17055 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO . YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTA/NED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE /S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortDaDe on your home is in default and the lender intends to foreclose. Soecific information about the nature of the default is oroYided in the attached oaoes, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME, This Notice exolains how the prOGram works, To see if HEMAP can helD. yoU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WiTHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with yOU when yOU meet the counselinG aDenCy. The name, address and ohone number of Consumer Credit Counselino AGencies servino your County are listed at the end of this Notice, If you haye any ouestions. yoU may call the Pennsylvania HousinG Finance AGency toll free at 1-800-342-2397. (Persons with imoaired hearinG may call (717) 780-1869. This Notice contains important legai information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Ronald E. Knaub 106 Maple Oriye Mechanicsburg, PA 17055 152-1046769 Mellon Bank, N. A. Mellon Bank, N. A. Suzanne E. Knaub Loan! Account number: Original Lender: Current Lender I Servicer: 1 >~', ~, = " .., .' " '. HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If vou meet with one of the consumer credit counsellno aoencies listed at the end of this Notice the lender mav NOT take action aoainst vou for thirty (30) davs after the date of this meetino. The names, addresses and teleohone numbers of desionated consumer credit counselino aoencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see fallowing pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the iender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreciosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FlUNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance} 2 -- ~""'. " - - -~ HOW TO CURE YOUR MORTGAGE DEFAULT (Brinq it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the fOllowing months and the following amounts are now past due: Start/End: September 14,1999 thru January 14, 2000 at $856.86 per month. Monthly Payments Plus Late Charges Accrued NSF: Inspections: Other (Suspense) Total amount to cure default $ 4,712.75 $ nla $ nla $ nla $ nla $ 4,712.75 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,712.75 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bV cash. cashier's check, certified check or money order made pavable and sent to: Laura Corta%Zo, Mellon Bank, N. A., Two Mellon Center, Room 152. AB50, Pittsburgh, PA 15259-0001. You can curE! any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rlohts to accelerate the mortoaqe debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon vour mortqaoe property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period, vou will not be reouired to pav attornev's fees. OTHER LENDER REMEDIES - The lender may aiso sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, yoU still have the rioht to cure the default and prevent the sale at any time uo to one hour before the Sheriffs Sale, You may do so bV pavino the total amount then past due, plus anv late or other charoes then due, reasonable attomev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writino bv the lender and bv performinq any other reoulrements under the mortoaoe. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted, EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of 3 --..,. ,',__ ,'CO ',"-I . , . ," this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any lime exactly what the required payment or action will be by contacting the lender. H'OW TO CONTACT THE LENDER: Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, Laura Cortazzo, 412-234-6637. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _X_ mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAlOIS, SHUFF Johnna J, cc: Laura Cortazzo (Account no, 152-1046769) Mailed by 1st Class mail! Certificate of Mailing and Certified Mail No.: Z 332 881 590 4 - -~ - I .c. ..." '-.' -~'- , Vl WJl'" o. ~ ." .~ ~ ~ ~ ~ ~ ~ ~ .<; ~ g 3. Article Addressed to: ." * 0. ~ Ronald E Knaub " PO Box 61684 Harrisburg PA 17106-1684 SENDER: . Complete items 1 and/or 2 for additional services. . Complete items 3, 4a, and 4b. . Print your name and address on 1he reverse 01 this form so that we can return this card to you. . Attach this form to the front of the mailpiece, or on Ihe back if space does not permit. . Write "Return Receipt Requested" on the maiJpiece below the article number, . The Return Receip! will show to whom the article was delivered and the date delivered. 5, Received By: (Print Name) t also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Z 3"3"2 4b. Service Type o Registered o Express Mail o Return Receipt tor Merchandise 7, D~e of DeliVeryo c5t' '0' 8. Addressee's Address (Only if requested and fee is paid) 8S1 580 .g Certified [ o Insured o COD 102595,98.8.0229 Domestic Return Receipt ~ SENDER: "C . Complete items 1 and/or 2 for additional services. 'iji . Complete items 3, 4a, and 4b. I%) . Print your name and address on the reverse of this form so that we can return this ;e card to you. ~ . Attach this form to the front of the rnailpiece, or on the back it space dees not ~ permit. . Write "Return Receipt Requested" on the mailpiece below the article number. Q) . The Return Recefpt will show to whom the article was delivered and the date = delivered. Suzanne E. Knaub 106 Maple Drive Mechanicsburg PA 17055 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Z 33'2 $9\ Sqo 4b, Service Type o Registered o Express Mail o Return Receipt for Merchandise 7. Dar fe 8. Addressee's Address (Only if requested and fee is paid) < .~ "S. g 3. Article Addressed to: ." ~ 'ii 0. E o " Ul Ul o i C!: , ~ Certified ~ o Insured ~ o COD " .:0 5. Received By: (Print Name) ;: Domestic Return Receipt EXHlBlT F U.S. POSTAL SERVICE CERTIFICATE OF MAiliNG Affixf MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT or me post PROVIDE FOR INSURANCE-POSTMASTER Postm Aecer' tee. SAlOIS, SHUFF & MASLAND - 26 West High Street - - Carlisle Pennsylvania 17013-2956 - .-.-'- ._~. " One: piece 01 ordinary mall addressed ta: ....,-_.... .:.,"'':.v'''.. Ronald E. Knaub - '9\;' , , ).... - 106 Maple Drive ' ---,:-) , ~ o ' Mechanicsburg PA 17055 , <tA1) /"t, - '. ,,0::=::- - '::.,:':' ~ / U.S. POSTAL seRVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOE$ NOT PROVIDE FOR INSURANCE-POSTMASTER Received SAlOIS, SHUFF & MASLAND - 26 West High Street _ Carlisle Pennsylvania 17013-2956 I .. -..- One piece of ordinary mail addressed to: - SuzanneE.Knaub 106 Maple Drive - - Mechanicsburg PA 17055 - ^' ,-':{. - -' - I <.'1. ., .--. PS Form 3817. Mar. 1989 PS Form 3817. Mar. 1989 ee here in stamps ter postage and mark. Inquire of aster for current , \' r- ,.', Affix fee here in stamps or mete~ postage and post mark. lnguire of PostmaSter for' current fee. ~ ...... . '-. ~'-" . .-. '.:"":: .~: ~~~~,' ;r~~ ~ ,", "~,~:;~~\{ ni ! ^:;~:} :,: "'~"'.:; ..!d ~.......... ~ "_"'''''~'' r, ~ l ," ~_.^ . "-~,--iP' c-- , ~ '-"" PS Form 3800, Apri/1995 ~ d c," H " .g> .. f>' ~ ;;! ... ~ 3' ;"3 Oc ,.. ~ a m .--,.., It'" 33 o. ~ " I ^;" ". 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"--,,~- -I' .,,- - ,~ ~ 3 35 FHIOO @',k'j' [jViJ ~ ~ r..=-" ll:I'1Un'.o OFi=":!';F OF ':;'" :; I~'l~n: r.!" 'I "',,; nfiR I '{ fJ E ~; f " "." ! ~ /~ -"'I' .,::'CIT''1'',~':~''r' ",""",~r." ,~- - r~"l~"!1!__.~>~, _ ~~~_~~~__ .. SAlOIS, SHUFF & MASLAND ATIURNEYS-AT.LAW 26 W. High Street Carlisle, PA MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( S) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure to Answer the Complaint in the amount of ninety-one thousand five hundred nine and 99/100 ($91,509.99) Dollars, plus interest at $20.13 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was mailed U. S. First Class Mail postage prepaid and is attached as Exhibit "A". Respectfully submitted, SAlOIS, SHUFF & MASLAND Dated 5-17/DO Prothonotary -' ?2/2-00..- n1 AND NOW, this'" day of I .L':J.....( , 2000, a default judgment has been entered in the amount of and /100 ($ ) Dollars, plus interest at % and costs and for foreclosure ~J'IW-~ .. - ~ MELLON BANK N. A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) TO: Suzanne E Knaub 106 Maple Drive Mechanicsburg PA 17055 DATE OF NOTICE: May 8. 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: . " District Court Administrator Courthouse. 50 North Duke Street, PO Box 3480 Lancaster, PA 17603-1881 717 - 299 - 8041 SAlOIS, SHUFF & MASLAND 26 West High Street Carlisel PA 17013-2956 ~ ," '. A.lfix 't"~~~e in stamps oF"'metar/?ostage and post m,~. Hnquire of P0t~)'~~ lor current fe.. ".,~" ..~----;:/.~y",., \ ",.-,~,-,,,~~\i'l "':::r; ,. ~.v::::".;ij' " .J, A~'L~l; ~~~~ K) i/ ~'-~''':'$' ...~~;"~~ \F~ " \\\:\\'<{"(' ..~_-~ ...,t.'i??",'l1o:',>i . .' \\u\'\l"-~;'~:;;'._;-':"I8."~\. i ' of! ....~=-, 'I"'; , '. "111; ';~ <, p. -. "~,, \. ' / ;,_.-'.' l~~ ... l,,~ '..,:, ..,. ,::H,'~. 'I"~ '" . ~-"t "'~ . " "~ ,,, " '-' ~,\.O' ," .'-::3 ~.l tt," t/ i \~ ~ ',pl 0 \r ~\ 1 .~J rn! II. l...e ___~......J ''''<$-lt:t-~;r;,.<l':t~*It-;t~ By: /0 . / hnna J. 0. E;quire , :o.ttorney for the Plaintiff SAlOIS, SHUFF & MASLAND 26 West High Street Carlisle. PA 17013 (717) 243-6222 U,S, POSTAL SERVleE CERTIFICATE OF MAILING MAY BE USED rOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT l: PROVIDE FOR INSURANCE-POSTMASTER .- fieceived Fr One piece of ordinary mail addressed to: SuzanneE Knaub - 106 Maple Drive Mechanicsburg PA 17055 PS Form 3817, Mar. 1989 - r MELLON BANK N. A. , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) TO: Ronald E Knaub 9108 shelly Avenue Overland MO 63114-4813 DATE OF NOTICE: May 8, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: . , District Court Administrator Courthouse, 50 North Duke Street, PO Box 3480 Lancaster, PA 17603-1881 717 -299 - 8041 SAlOIS, SHUFF & MASLAND 26 West High Street Carlisel PA 17013-2956 By: hnna . Deily, E~uire Attorney for the pfaintiff SAID IS, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 (717) 243-6222 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rec:eived Frl One piece of ordinary mail addressed to: Ronald E Knaub - 9108 shelly Avenue Overland MO 63114-4813 PS Form 3817, Mar. 1989 ~ I I I I I I , I II 'I SAIDIS, I1II SHUFF & MASLAND [I ATIORNEYS-AT.LAW I I I I ; 26 W. High Street Carlisle, P A ..'.."." MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) TO: Suzanne E. Knaub You are hereby notified that on 2000, the following Judgment has been entered \ i II I , I S'/~/O() ics./ (JA-i,.,' ,)J2.~ Pro onotary C/ Date: I hereby certify that the name and address of the proper person to receive this notice is: Suzanne E. Knaub 106 Maple Drive Mechanicsburg PA 17055 II , ' SAlOIS, SHUFF & MASLAND ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA '., ,_~! " " .,.", -c',;__ " '-. _" " k., _ ,-u - i._, _~. :...~-;. ,;,_","",'k';,,~ -:.~Lo.',,,,~.i;."~"\ _'~ " MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) TO: Ronald E. Knaub You are hereby notified that on fYl~.ra OJ] ;).coo 2000, the following Judgment has been entered gainst you in the above-captioned case. Date: .s-!Xl/oD Is-I f24-ft. ) J)~ Prot~onotary C I hereby certify that the name and address of the proper person to receive this notice is: Ronald E. Knaub 9108 Shelly Avenue Overland MO 63114-4813 i, 1,1 :1 ~~~U1Ii1l1I~liIliIItlli!lM!-";_' -~.-'~. b.,' ~'all!iii: ~<, "-"..",;~ ~, c - -'" - t'i~~ P' ~ ~ ;? ~ ~ ~ r R ,,~ , "J . "~~"......-" \! , , " (; (::) 0 ~ (::> -0 -- ..-{ D'J _..,.. ;r1~ -(') :\..]<" ;~'-1 ~-;..-, -....::. .~- ~" -__JfT1 I~~~ -;,0 (Jj '''' ,5h ~.::: '--.,' -'0 =-J:!"TI ~._ !1 C~ :::1; I~,:";- C') C1 r:Y (SiTl ::---\ :~ ,> ~11 c:o <II =< SAIDIS, SHUFF & MASLAND A1TORNEYS-AT.LAW 26 w. High Street Carlisle, PA ,---,,-,--,.- -^"""-' MELLON BANK N. A. , IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) AFFIDAVIT OF SERVICE I, Johnna J. Deily, Esquire, do hereby certify that I served the below-named parties by first class mail, postage prepaid, the Affidavit Pursuant to Rule 3129.1; Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2; Notice of Sheriffs Sale of Real Estate Pursuant to Rule 3129 and a copy ofthe Legal description on the date and time reflected on the Certificate of Mailing: Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: August 17, 2000 By: II .' - MELLON BANK N. A. , Plaintiff V. RONALD E. KNAUB and SUZANNE E. KNAUB, Defendanl(s) , r 1': U.S. pOSTAL SERVICE CERTIFJi" A TE OF MAILING \ Affixf "or me~ MAY BE: USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT P9,u....~ PROVIOE FOR INSURANCE-POSTMASTER .po' Aeceh/ed From: ~~ Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street bi! I. Carlisle PA 17013-2956 . , .,~,~-:::."-., tdl , ~, One piece of ordinary mail addressed to: '. ------- ~t - . ".,. ' j> I , .. , Qj :.::= -" .'.m , '.'-! , .,:..::~ -, : ~.>t>.*, Ronald E Knaub ' - :-:;:::: , 106 Maple Drive ""'-', , r- i Mechanicsburg PA 17055 c '<~:~~~.-'~,. - 1 . I PS Form 3817, Mar. 1989 \ U.S. POSTAL SERVICE CERTIFICATE OF MAlLIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE: FOR INSURANCE-PO~!~ASTER Received From: Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 ---:-;-.........- One piltce of ordintuy mail addressed to: '~'"~-''''' ,-- --<....... Suzanne E Knaub 106 Maple Drive Mechanicsburg PA 17055 - ---""~ -"" -'~,_...._,,,_.~_ ,7:"'"" PS Form 3817, Mar. 1989 U.S. PO TAL SERVICE CERTIFICATE OF AlLIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 ",.~~.;-'",,", One piece of ordinery mail addressed to: .\. -"........- Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 ..;.::) , ':~:~, ~. -- -.....~..:.....".""',.. PS Form 3817, Mar, 1989 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2000-01630 CIVIL ACTION - Law MORTGAGE FORECLOSURE ~heit~fiJ amps r---::po and a~;.., re of ~;~rrent 1~1.; ~l ~ ... .......~~~r.U, Glr....\Oi!' ::;I'lt =- II", ~ \1'1 ~ ,Ill " ~lU --... ~"'*.....* ". .....UIX ree,-Il8J8i., .I~ttamps '~t... mete.r~~.~ an~ ".~~~t~'~~~e~t 3~~~g(f~ . ":=1~....c..,;."\..",,<.,.)~,, \ ;::: t ';;';"" ~Ja . \~; \ :=~ '\~i~ ,;; \ '~ "I' ,t~\ ., th\ ",r1'\,', ,"\1 !~"__".._.........l - <-$*,,"~r1- ~'-"'~*1'lt:}* .- <:-, '7 Affix fje hell' tamps \ , or m81e~ ,~,s' e and 1:ll?st matlW ire of ~?} urrent ~~~ls.~ri i&' "=e~5i.'""n~ ' != 1- 1/1 II :n l~ ,~\ ~, \1\\ c-; ,~,I "~...}U ::;.-.J ~_tti!*.;..;7$o*')u."'. -~J 1 '";------"" ... elO ;ZZ -'" =~ <(0 :!;:i " ...:; 0;;' WZ ...Q i <(~ g~a: ~~~ t- ~~ ICo:; wZ... U"'" uO i='t ffi~ w:;z 98: > "''' ffi o..~ '" - ...l Ca: ... ~ ~1t u: fg::Jw ~ Q.~5! 'as o ~i5 ~ :J:elt a: >- .. III "C .5 "' ..J '" 0l!SQ)0') L..a.>~ (1).;:0('1") UJ~(I)'('- ~o.co .- - Ol"'"" :t: LI.'--'- o .J: 4: ;::=1ii0- co: ::s Q) W ...J.c:s:- (J) .ra iii' CO 15 :a"'u '10 Ul 1IliliIIIlIll1lilllirlriw;~~",_ 'w . * .~* I" ::~Z ,,,.. ~'W .~..,.,:...-o. \, . '"... " e ~ . . . e ~ ~ . '. E i:" . c 'e o o . o . '5. . c o "1 , 1,',.:;1 L;I . \ I .; :. J ~ ~~>--_,_ ffi3nV /~;~~/ .' 1'"(1) ,.-', , , > ).'-., ::1"\:::...r ~~a?-""/ .~ ~ Cll 0 <3€ X :J ~ Cll 0 Cll f-U" >->-0' CCCf.)M :J:JQ)"'- 00(1)0 uu",... "O"Oo~ c:c:.t:<( .!!1.!!1~a. ..... ..... 0 Q) ~~uu; EEa>'e :J :J C CO uuau ~ ::iij ~ ~l .. C') E :; u. (f) 0. Ol <Xl Ol ~ , ~". SAlOIS, HUFF & MASLAND ATMRNEYS-AT'LAW '26W. High Slreel Carlisie, P A ~"': MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Sliver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. 1. Name and address of owners or reputed owners: Ronald E. Knaub and Suzanne E. Knaub 106 Maple Drive Mechanicsburg, P A 17055 2. Name and address of defendants in the judgment: Ronald E. Knaub and Suzanne E. Knaub 106 Mapie Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4, Name and address of the last recorded hoider (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 1 SAIDES, SHUFF & MASLAND _ A1TOI(NEYSeAT'lAW 26 W. Rlgh Street Carlisle, P A - 5. Name and address of every other person who has any record lien on the property: ~ 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: _ 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: fi I, Johnna J. Deily, Esquire, attorney for the Plaintiff, Harris Savings Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: 8 f 'S - Ob \~ ' "- By: '-. , JoM9t1a J. D;Jl9, Esq:,.rlre SloPreme Court 10 #53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 2 SAlOIS, HUFF & MAS LAND A.1"1'OItNEYS.AT'LA.W 26 W. High Slree. c.rlisle, P A -"'- -~ , ......, .~ ""'........~.~- MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Ronald E Knaub and Suzanne E. Knaub,h/w. Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 You are hereby notified that on December 06,2000, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No.2000-Q1630 in the amount of $91,509.99 plus interest from February 15th, 2000 $20.13 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at 1 SAIDIS, SHUFF & MASLAND AiTOR.~,.,;r.t.:\w 26 W. High Street c.n1lsle, P.-\ Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, estate of Ronald E. Knaub and Suzanne E. Knaub, known as that tract of land situa Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as Maple Drive, Mechanicsburg, PA 17055. A description of said real estate is attac hereto. You are further notified that a Schedule of Proposed Distribution will be filed by I Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of t proceeds of sale in accordance with this schedule will, in fact, be made unless exceptio are tiied thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will 1 1'1 divested by the sale and that you have an opportunity to protect your interest, if any, f being notified of said Sheriff Sale, I I I I I II " II il :1 11 I I i , I I II I I I , I I I I I I I I I I t I I I Dated: Q 'C- 7.""7', ,-". I ,J ....... ~ /~c-' -~/ :/ B ", I ~'" / --,," '1'. .;----- '~ . - " ~ ' I .' Johnna/J. DeilWEsquire SAIDfS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorney for Plaintiff Attorney LO, 53147 2 -- SAllIS, SHUFF & MASLAND .'1TO:RNF..yg.~T~ 26 W. H.!gh Street Cdrlisle. P.'\. i MELLON BANK N, A. , I, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO.: 2000-01630 v, RONALD E. KNAUB and SUZANNE E. KNAUB. CiVIL ACTION - Law I I I Ii II I TAKE NOTICE: I MORTGAGE FORECLOSURE Defendant( s) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 06. 2000 TIME: '10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mai, consisting of a statement of the measured boundaries of the property. together wiU- brief mention of the buildings and any other major improvements erected on the land. :i (SEE DESCRIPTION ATTACHED) I I i i THE LOCATION of your property to be sold is: all that certain improved tract i land situate in Silver Spring Township. Cumberland County, Pennsylvania. known a I numbered as 106 Maple Drive, Mechanicsburg. PA 17055. i " I I , I I THE JUDGMENT under or pursuant to which your property is being sold docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Ronald Knaub and Suzanne E. Knaub. No. 2000-01630 for $91.509.99. plus interest Fr' February 15, 2000 at $20.13 per diem. costs. attorneys' fees and for foreclosure of ' mortgaged premises until the Sheriff Sale. " SAlOIS, SHUFF & MASLAND ATI'ORNEYSeAT'LAW 26 W. High Street Carlisle. P A ~ -.........., 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court , Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: f? - f )'" c""'-' ~/~ By: I J?fl,(na J. I ei/y, Esquire St(preme Court 10#53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 I, II l~ ~,': " LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated October 4, 1979, as follows, to wit: BEGINNING at a hub on the North side of Maple Drive at the corner of lands now or late of David T. Moyer, Sr. and Dorothy N. Moyer, his wife, being Lot No. 42 on the hereinafter mentioned plan of lots; said point being measured 348.38 feet West of the Northwest corner of Maple Drive and Poplar Street; thence along the said side of Maple Drive, South 65 degrees 27 minutes West, the distance of 112.00 feet to a hub at the corner of lands now or late of Clair V. Runk; being the remainder of Lot No. 44; thence along said lands, North 24 degrees 33 minutes West the distance of 120.00 feet to an iron pin on the South side of Lot No. 36; thence along the South side of Lot No. 36 and 37, North 65 degrees 27 minutes East, the distance of 112.00 feet to a point at the corner of lands now or late of David T. Moyer, Sr.; thence along lands, South 24 degrees 33 minutes East, the distance of 120.00 feet to a point, the place of BEGINNING. BEING all of Lot No. 43 on Silver Spring Development Co. as recorded in Plan Book 6, Page 4 and the Eastern part of Lot No. 44 on same plan, recorded in Plan Book 21, Page 62. BEING known as NO.1 06 Maple Drive. BEING THE same premises which Richard F. Muster and Lillian Muster, his wife, by their deed dated July 31, 1984 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book V-30, Page 136, granted and conveyed unto Woodlawn Farm Corp., a Pennsylvania Corporation, Grantor herein. _UIl~lti!ii!!iilR;;,1lt~Iii!lli~~'ll4l!.1!ii-' "^"""";H;o;;i<!:ii'-"-"'I_""~,~",,:..,,j'I";'i\i!~~ -r-" x' 'Iii" '~-' ">,. ~ -". 1ll!~~d1""" -, ~, . h"I~loll'" ~Ild. ~-'"'-~....:... ~~;;- 0 <:::> c) c 0 <?' "n -oa~ X> ._; n1n- c:: 2:1': G) q 7 r.~ ,"" 05 "; , ~ ., -< ;~:~ Co ',...- r'!-' , ~__'; (l,~, ~-".--, ~ )>'0 ~'F~ ;;;;0 -~!.. >c B ~ -oj W >' -< ..... :a -< h~ "_"__~''''. .> k_ ~ - "~'I PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 MELLON BANK, N. A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WRIT NO. Plaintiff NO. 2000-01630 v. RONALD E. KNAUB and SUZANNE E. KNAUB AMOUNT DUE: $91,509.99 INTEREST AT $20.13 per Diem FROM 02/15/2000, thru Date of Sale ATTY. COMM.: $4,150.00 COSTS: TO BE ADDED Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MA TIER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania: (2) against: Ronald E. Knaub and Suzanne E. Knaub, 106 Maple Drive, Mechanicsburg, PA 17055. (3) and against the following Garnishees: N/A (4) and index this writ (a) Ronald E. Knaub and Suzanne E. Knaub, 106 Maple Drive, Mechanicsburg, PA 17055 (b) against N/A Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishees as follows: all that certain tract of land situate in Silver Spring Township, Cumberland County, Commonwealth of Pennsylvania, known and numbered as 106 maple Drive, Mechanicsburg, PA 17055.. (5) Exemption has (not) been waived. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: 8- /5'00 By~ J na J. i1y, upreme Court I #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff mil!1~~~illllilllt6!l~~J'l!!f;t;;ili!ol.l!l;!&\I1iii/.!\."",-,.,~/,__~t~"'.fill-""'~"~~~~~""'_~_'j, ",. ",.~,,~~ ,- lIilGiilililfj..'....._.~_.~~~~~~~~llll_~~ .~ , I 0 0 ,'~ ,J C C'..) ->1 S ",. -o-cG c:: .' rnrT' t:) ~~.:~? ~} 2~' ....J ~~i~ ~--) (....) r:::;.C.l :c'" '(:~~~1 ~o :E: -7 f.?' S;;~ "'" ;::o;~ \, "'" '::;:\ "7 :ro' S1 ()1 ~ T".' ~, ,. SAlOIS, SHUFF & MASLAND ATIORNEYS.AT-LAW 26 W. High Streel Carlisle. PA MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. 1. Name and address of owners or reputed owners: Ronald E. Knaub and Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Ronald E. Knaub and Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh P A 15259-0001 1 ii riaIii!_.~iMiidl~~lil!~~\l!l'1bI:l ,lll!llM~-"-~ ~ " -~w .. . - I. -<~ . , - --1iIf'""~-' (") Cl 0 C <:.";) T! ~ ~ "'.1 "ex:' ~;iJ1 !,2fl: G") ._.),- ~ :~~~ ~3 ZC' (j)..c:~ -l -<Z :~1~ r:O ~ ~: -;'c;;. -,'} ZO '~::r:~'2 :pCI 0 6111 C ~ );! (fl :D -< -< , " SAlOIS, SHUFF & MASLAND AlTORNEYSIATlLAW 26 W. High Street Carlisle, P A 5. Name and address of every other person who has any record lien on the property: - 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: _ 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: 1'1II I, Johnna J. Deily, Esquire, attorney for the Plaintiff, Harris Savings Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. section 4904 relating to unsworn falsification to authorities. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: f$- (..>- 0'0 a ,D' ,Esq re reme Court ID 3147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 2 d II ~~lIIiiIlIiIl!iIlliII_~Mliil!!I!lIiiliF'tf'" M iill<<l~~S~ - - ..... 1IiIIiili'~'~'''''" .1 <~ '_'e,_"'< "'~'''''''''....- () c: -oi~ r"rr .~ ., Zfll ill 1~" -<-<'"... ;;;:::f" PC'" z_~ ::-t..,.l Pc': '7 ~ _MI:lllI o a :to "~. ca C) ., " ~:;J:7] ;'~123 ::6 ~jj~ v -, :P' :0 -< "'-.J ;;'::D. .:::~ S? C.J1 SAIDlS, SHUFF & MASLAND ATrORNEVS-AT'LAW 26 W. High Street Carlisle, PA MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Ronald E Knaub and Suzanne E. Knaub,h/w. Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 You are hereby notified that on December 06,2000, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No.2000-01630 in the amount of $91,509.99 plus interest from February 15th, 2000 $20.13 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at 1 ii " I, ~1lW_.a11 1hlI.1~~~ ~~,.;. 1.*"-' . -" ~~ - , ..' - g 0 ~ 0 s: ~ ---1 ~C:j '.- '..',,! 52fT! G") ::rJ .;,;;":', :z:r cr.>.;s; -' .-:~~~; -<-. '-0 :<>. ;~~~~ ~O :J~ :Z:o '? (si^n >c:; ~ =,-;1 o<"~ en ::< r SAlOIS, SHUFF & MASLAND A'ITORNEYS'AT-LAW 26 W. High Street Carlisle, PA Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Ronald E. Knaub and Suzanne E. Knaub, known as that tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: 8- IS-' Q() By: John SAID ,SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorney for Plaintiff Attorney I.D. 53147 2 II ~~~ ~^'. ~'il1ll_lIiUtWIlIlIIIf.MllIIl;-" ~~,,~ -~,~ .....;",...-__iisft " I ~ ~" ""',;.......~..... JJ' ~.~~ 1IiIliI'"' 1iII...... I I I I (") <::> 0 c:; 0 :?" " -o~~ "'" (Ii c::: ::::-.:1 ~Lp G') ;-,:,,"'"1; --....) . , , I'~:":' Zr;::: -,'7'" (/)J. -..1 "':IC) ;::>2: ~.;,-:~; (-:) ~O :\:')" Pc ;'.'1 :Z:c ::it: ~"2R pc! a i:::s'rn z :;! -l -< Ul :u -< . SAlOIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A IoiiiiiiiiIiiii MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 06, 2000 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. THE JUDGMENT under or pursuant to which your property is being sold is : docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No. 2000-01630 for $91,509.99, plus interest from February 15, 2000 at $20.13 per diem, costs, attomeys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 1i_1!Ii.~!d~li/i&lil.~ '-~~.~"""~'~ .'.-...~ ~. -"- .- c. _ _._.__ iiiilliii - ~.~-- (") 0 (") c: 0 -f1 -~ ~.... ".. ::::1 -OCC c:: ':;,,>~J m\";] [j") Z:JJ 'r.- :Z:'- ~r~ !Ii ciSdf-.: ....J -~< '1-- -=<~ ~,~~ r:::C] ~ <- ):'"r--. :z: -, 5>0 9 c-Srn . c: ~ :z; =< :D e.r! -< r SAIDlS, SHUFF & MASLAND ATIORNEYS-AT"'LAW 26 W. High Street Carlisle, PA ---," "'-""'" "' ,,~ .- ~,,~. " -'-~-"'''-_'O&'' _ , ",~I ' THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Ronald E. Knaub and Suzanne E. Knaub, h/w A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717.249.3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2 I i I II SAIDlS, SHUFF & MASLAND ATrORNEVS-AT-UW 26 W. High Street carlisle, PA ~ 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE TJiE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: 1?-f pcnJ By: J na J. eily, E quire S preme Court ID#53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 il - lIf""-- LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated October 4, 1979, as follows, to wit; BEGINNING at a hub on the North side of Maple Drive at the corner of lands now or late of David T. Moyer, Sr. and Dorothy N. Moyer, his wife, being Lot No. 42 on the hereinafter mentioned plan of lots; said point being measured 348.38 feet West of the Northwest corner of Maple Drive and Poplar Street; thence along the said side of Maple Drive, South 65 degrees 27 minutes West, the distance of 112.00 feet to a hub at the corner of lands now or late of Clair V. Runk; being the remainder of Lot No. 44; thence along said lands, North 24 degrees 33 minutes West the distance of 120.00 feet to an iron pin on the South side of Lot No. 36; thence along the South side of Lot No. 36 and 37, North 65 degrees 27 minutes East, the distance of 112.00 feet to a point at the corner of lands now or late of David T. Moyer, Sr.; thence along lands, South 24 degrees 33 minutes East, the distance of 120.00 feet to a point, the place of BEGINNING. BEING all of Lot No. 43 on Silver Spring Development Co. as recorded in Plan Book 6, Page 4 and the Eastern part of Lot No. 44 on same plan, recorded in Plan Book 21, Page 62. BEING known as NO.1 06 Maple Drive. BEING THE same premises which Richard F. Muster and Lillian Muster, his wife, by their deed dated July 31, 1984 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book V-30, Page 136, granted and conveyed unto Woodlawn Farm Corp., a Pennsylvania Corporation, Grantor herein. Q~iidjlilifl:lli~hllilillliil~IDdlU~lll'illi~i,l;jI~~1ij~~""~~L~.AAlil'l;;OiJli;t<it!!,tf-~~lllililltjjIlE~1Iil~~ Xl ~ tt-.::J<:;:; ....D *- ...n q.., ~ --S ~\;J .~ _ _ ~ ~~~j __M '--'- ,,-.~" . . 88 :-0 r-- d ~ ,.. ,~ - ~, - .--'~~~iIlta~-- ~'-*illlillllllilillllilllliilli- -, st).' ~ ~ ].j~ w(yr -- '"' - "- -I:::- r... fA. - . --C: v,/.... U Y-4C> ,.. '" (0/0 R..J C'l' ~ V' 0' 0 C> ..1" ;;:t;: -:. C'> r -t:? ~~~\J ~it =1;- ,..... , + ~ W C104I ~, ,-1j ~ :+> c$t .1 o G ., 92 ~r~ :z: s:: cn_., -<~. !;2c " ~Q S;~ ~ ~" " 'I' , 1.:1 II , I I I , I ! I I ,I II II I' II i! I , , I I ! I I ! co <::1 "'" o -n C,-= en ....J ~.~~; E~ ;~__~.) I:} ~,-' ~;- ~ ,;~~~ Z:~; ~~r" , . ~~ -]'0 ::0 -< ~~: '? CJ1 ,-. SAlOIS, SHUFF & MASLAND AlTORNHVS-AT-LAW 26 W. High Street Carlisle, PA ,. i' i MELLON BANK N. A. , Plaintiff v. RONALD E. KNAUB and SUZANNE E. KNAUB, Defendant( s) I "",-"", "-,~-- - -" ~,- oJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2000-01630 CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Deily, Esquire, do hereby certify that I served the below-named parties by Certified Mail, postage pre-paid, Receipt no. Z 332 881 570, a copy of the Complaint, Docket no. 2000-01630,on the date and lime reflected on the Certificate of Receipt of Mailing attached: i Ronald E. Knaub Ii 9108 Shelly Avenue II Overland MO 63114-4813 ['I , , I Dated: April 18, 2000 NOTARIAL SEAL III!NEE L IfiURRAV, NOTARY PUBUC CAIIUSLE IIORO, CUUllERt.ANll CO. PA MY COWIIAI1I6IOIl EXPIRES Ill!CEIIIIlER 1'_ By: na . #5314 26 West High Street Carlisle, PA 17013 717 -243 - 6222 Attorney for Plaintiff ." . . "," -'-' - ~ ~- ". '~.~ Is your RETURN ADDRESS completed on the reverse side? 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'& NOV 02 2001tJf7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO.: 2000-01630 CIVIL ACTION - Law MORTGAGE FORECLOSURE ,tRDER 1AflJJ , AND NOW, this..,. 2,;. ...... day of }.J~ ,_ in consideration of the attached Motion for Service by Posting of Property, Advertising of Sheriffs Hand Bill and the U defendants were provided a copy of the Sheriff Sale Notice Pursuant to Pa. R. C. P. 3129 and Notice to Lien Holders Pursuant to Pa. ReF 3129.2 at their Last Known Address IT IS HEREBY ORDERED AND ' DECREED that personal service of the Notice of Sheriff Sale, Writ of Execution and Sheriffs Hand Bill of sale does not need to be made on Defendants and Posting of Property will serve as Service on defendants and Sheriff Sale Scheduled for December 06, 2000at 10:00 a.m. prevailing time can be held. (~l ~Lu.- 'k~-OV ) llkl\"u.. 16;-"J.y ~ 6W~ oIJic.L BY THE COURT J. ~ . - , ~'l. """ ' _' _<:""~,. . 'W~I "'" ' - ~. \,~ii r:'fJ--C-:TiCE " .. <,.<';.(,.,! (i'nTPHY Ur 00 tlQ\1 -2 PI'\ 4: 18 <.r cnUN'T'o1 CUMtlERlJ ,NiJ v ! II PENNSYLVANIA , ,"- ~!Il ~~.._' ~IfU'l!IIl'i~~'m~IJ~~~lI'-Il!il~ , ~,~~. -- ~_.. !NNfl~~IM.!_ _'U,,""~ -" . "I , MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) MOTION FOR SERVICE BY POSTING OF PROPERTY AND now comes the Petitioner Mellon Bank, N. A. by and through its attorney SAIDIS, SHUFF, FLOWER & LINDSAY I. The Petitioner filed Writ of Execution documents with the Sheriff for Sheriff Sale on or about August 17th, 2000, to schedule a Sheriff Sale ofthe debtor's property on December 6th, 2000 at 10:00 a.m. prevailing time. 2. In speaking with the Sheriff, they have advised that they had made several attempts to hand deliver the Notice of the Sheriffs Sale and attached Writ Documents; attempted mailing via Certified mail were returned with notation of unclaimed, to the above-captioned Debtors. 3. The Sheriffs Office advises that it appears the premise is vacant and no one lives at this address of 106 Maple Drive, Mecbanicsburg, P A 17055. 4. After reasonable investigation of the U. S. Postal Service, Telephone Directory and the Internet Service we have not being successful in fmding an address for defendants. The Sheriffs office has advise that we now need a court order to provide posting of the mortgaged premises, the advertising, and the fact that we sent out the Notice of Sheriff Sale by Certificate of Mailing, will be sufficient to allow the Sheriff Sale to go through. WHEREFORE the Petitioner respectfully requests your Honorable Court to enter an order in the form attached. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIIOIS, Dated: 11- 2 - o--u SHUFF & MASLAND ATmRNEYS-AT-LAW 26 W. High Street Carlisle. PA y By: 10 ID 5314 26 West High Street Carlisle, PA 17013 717 - 243 - 6222 Attorney for Petitioner ~""~i.liIIIIi~" .>"--,,,,,",~~~r.It I.~ ~ , ~ '---~.,md~ u " : r"~~J.." r n ..-"... () c: ~ "'OED lJ1 fi'1 <:::;-, <I:" ~e~ r-.::r""< ~C 7(") ;SO c- :2' ~ C;:) C:> :;r:; o "<::' I 1'\) c:- -". - C;'Jl ,~~~;(~ ()rq ';:i % --;: S> :.r, "- -"" . -" . o 't, :--:f r~"';I2! ~ _". c.",,, ~ ,,~,. -' 1 STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55, Robert P Ziegler ~ ---___________________________________________________________________________llecorderof Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which h_n____h_____ Mellon Bank N A . ____hn___n________h__h_h_._hn__h_h.___ ______h____hh_h_n____h__nn__ IS the grantee the same having been sold to said grantee on the _______~~~~______hhh___.__h_________n____ day of _E:~~~~~::m__________h____m_______ A. D., ~?.?_~~__, under and by virtue of a WriLm_h______ E~ecution . 17th ___________________h_hhh____________h____hlSSued on the _________h___h__nh__h___________ ~bfE'~l?~~---------h-h------- A. D., 1~~Q9Q out of the Court of Cornman Pleas of said County as of Civil . =2000 h_____h_____________________..__ hh__ h n _ __ __ __ _h__ __ _ h n __________h __ __h_ Term, Ill. __h__ 1630 Mellon Bank N A Number ______________, at the suit of _____h__________h___h_______________n__________h---------- . Ronald E Knaub & Suzanne E IS' ___________________________________agarnst____________________________________________________ duly recorded in Sheriff's Deed Book No. __~~~nh__' Page _n__.:=:.~~___. IN TESTIMONY WHEllEOF, I have hereunto' set my hand and seal of said office this _.l/!:_~__ day L.!~ of _____________________h_______ A. D., t9::~~ ff~A-.t'~------- d~ llecorder of Deeds Reoonler of Deeds, Cumbelland County Carfisle PA Mv Commission Expires the fim Mondiv 01 Jan: 2002 ..., ~ ~ " . , Mellon Bank N.A. -vs- Ronald E. Knaub and Suzanne E. Knaub In the Court of Common Pleas of Cumberland County, Peunsylvania No. 2000-1630 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says that he made diligent search and inquiry for one of the withinnamed defendants to wit: Ronald E. Knaub, but was unable to locate him in his bailiwick. He therefore returns Real Estate Writ Notice Poster and Description Not Found as to defendant Ronald E. Knaub. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the within Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed notice of the pendency of the action to one of the within named defendants to wit: Ronald E. Knaub by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to his last known address P.O. Box 61684, Harrisburg, Pennsylvania. This letter was mailed under the date of October 16, 2000 and forwarded by Post Office to 910 Shelley Avenue, Overland, MO received by Ronald Knaub on November 3, 2000 the return receipt card signed by Ronald Knaub. R. Thomas Kline, .Sheriff, who being duly sworn according to law, says that he made diligent search and inquiry for one of the within named defendants to wit: Suzanne E. Knaub, but was unable to locate her in his bailiwick. He therefore returns Real Estate Writ Notice Poster and Description Not Found as to the defendant Suzanne E. Knaub. 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 pendnecy of the action to one of the within named defendants to wit: Suzanne E. Knaub by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to her last known address 106 Maple Drive, Mechanicsburg, Pennsylvania. This letter was mailed under the date of October 16,2000 and returned to the Sheriff's Office on November 2,2000 with reason checked UNCLAIMED. Kathy Clarke, Deputy Sheriff who being duly sworn according to law, says on October 5, 2000 at 6:53 o'clock P.M. EDST, she posted a copy of Real Estate Writ Notice Poster and Description on the property of Ronald E. Knaub and Suzanne E. Knaub located at 106 Maple Drive, Mechanicsburg, 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 and Poster In the following manner: The Sheriff mailed notice of the pendency of the action to one of the within named defendants to wit: Ronald E. Knaub by regular mail to his last known address P.O. Box 61684, Harrisburg, Pennsylvania. This letter was mailed under the date of November 2, 2000. R. Thomas Kline, 'Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Suzanne E. Knaub by regular mail to her last known address 106 Maple Drive, Mechanicsburg, Pennsylvania. This letter was mailed under the date of November 2, 2000. R. Thomas Kline Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry on December 6, 2000 and sold the same for the sum of $ 1.00 to attorney Johnna Kopecky for Mellon Bank. It being the highest bid and best price received for the same Mellon Bank of Room 152-AB50 Two Mellon Bank Center, Pittsburgh, P A being the buyer in this execution paid to sheriff R. Thomas Kline the sum of$ 895.27 it being costs. 1 Sheriff s Costs Docketing Poundage Advertising Posting Bills Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This .:lo"""'Dayof ~L) 2000,A. . '~/~ onotary 30.00 17.55 15.00 15.00 30.00 10.00 .50 1.00 6.20 12.97 15.00 30.00 349.10 288.30 23.15 25.00 26.50 $ 895.27 Pd By Atty 12-08-00 ~~~. .., r .; "'~t:tfIY~ R. Thomas Kline, Sh riff Bygt",~ ~_-n:- Real Estate Deputy ....~ --; ~ jU' u0CY' 3b ' &il \, '1'1) Lk.. 30 i5o"1 ~.}o , - . ~ . " -~," > " lBirli.: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M, Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 27, NOVEMBER 3,10,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~l'Edit;- SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 SEAL LOiS e. SNYDER, Notary Public Carliol. Bom, Cumbor!ondCaunty, PA My Commission Expirfi 'March 5, 200,1. "~ ,-, REAL ESTATE SAIl.E NO. 2.2 Wrtt No. 2000-1630 Civtl Melion Bank N.A. vs. Ronald E. Knaub and Suzanne E. Knaub Atty.: Johnna J. Deily LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land. situate in Silver Sprtng Township. Cumberland County. Pennsylvania, being bounded and described according to a survey made by Gemt J. Betz. Registered Surveyor, dated October 4, 1979, as follows. to wit: BEGINNING at a hub on the North side of Maple Drive at the comer of lands now or late of David T. Moyer, Sr. and Dorothy N. Moyer. his wife, being Lot No. 42 on the hereinafter mentioned plan of lots; said point being measured 348.38 feet West of the Northwest comer of Maple Drtve and Poplar Street: thence along the said side of Maple Drtve. South 65 degrees 27 min- utes West, the distance of 112.00 feet to a hub at the comer of lands now or late of Clair V. Runk: being the remainder of Lot No. 44; thence along said lands. North 24 degrees 33 minutes West the distance of 120.00 feet to an iron pin on the South side of Lot No. 36: thence along the South side of Lot No. 36 and 37. North 65 degrees 27 min- utes East. the distance of 112.00 feet to a point at the comer of lands now or late of David T. Moyer. Sr.; thence along lands, South 24 de- grees 33 m1nutes East. the distance of 120.00 feet to a point. the place of BEGINNING. BEING all of Lot No. 43 on Silver Sprtng Development Co. as recorded in Plan Book 6. Page 4 'and the Eastern part of Lot No. 44 on same plan. recorded in Plan Book 2 I. Page 62. BEING known as No. 106 Maple Drive. BEING THE same premises which WOODlAWN Farm Corpora- tion, a Pennsylvania Corporation. by their deed dated September 7. 1989 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E34. Page 345. granted and con- veyed unto Ronald E. Knaub and Suzarme E. Knaub. his wife. BEING SOLD AS THE PROP- ERTY OF RONALD E. KNAUB AND SUZANNE E. KNAUB, CUMBER- LAND COUNTY NUMBER 2000- 01630 CML ACI10N REAL ESTATE SALE N":22 . -. . . WiitNo, ~Q!lO-t63P . . ~n~' CjviiToDn ... _ I!ii;:;; ,_",:.;.. Melion Bank N.A. ~~-- -__- _~__i$.- Ronald E. *naub and --- Suzanmi E. Knaub ~-- ""1Jty:JoilnnaJ.Deily """'. i';C. .,,' DESCRiPTION ~~ -" ~- 'ALL THAT CERT~ piece or parcel of land, ~ft:uafe- .in BiIvet Spring Township, ~-cumberland Coun~ Pennsylvania, being ~ounded and d.escriOed a<<ording toa surver :;-J11~:' QL~qit J. B_e:~,Registered Surveyor, 1!._OcfOb._erA, 1979"asfollows, to wit:- NNINC- at a hub on the North side of , a e-Onve at the comer oE lands now or late ~ -Via T. Moyer, Sr. alld Dorothy N. Moyer, ~:n~ , pe,i_ng Jot .N~. _42_Qn Jbe hereinafter e __-plan of lots; said point being .}t8.3{l J~e~ West of the Northwest =- - of Maple-Drive and Poplar Slret~ ~in~-.aJong the said side of Maple Drive, ~qt.K _65 degrees 27 minutes West, the ~rlce of 111.00 feet to a hub at the comer de- ~f1ands now or late of Clair V. Runk; being ~ tJJ.~ Iemainder of!:.ot No. 44; thence aJong said ~ ~ - NQJjh 24, 9.e~ 33 minutes West the e of l~O.Jllr(eet -to an iron pin on the sige Qf Lot No. 36; thence along the side of Lot No. 36 and 37, North 65 -=-- - ~7-----ll1inJ.ltes East,. the distance of ~ 00 Jeet to a, point at the comer of lands :Jtow:or fate ofD~vid J. Moyer, Sr.; thence ~~mgJands, South 24 degrees 53 minutes ""'~1: Hie distance of 120.00 feet to a point, the , . :,6lace:ofBEGINNING. ~BEJNG all of Lot No. 43 on SiIver Spring lit.l)eveJoPJIlelJt Co. as recorded in Plan BOok 6, ~~ge ~4- ana the Eastern part of Lot No. 44 on ~-rn~1>!an-, recorded in Plan Book 21, Page 62. ~EING known as No, 106 Maple Drive, ----.:1lEl!J~ THE same pr~mises. which ~WOODLAWN F~rm Corporahon, a ~nsylvania Corpo~tion, bY their deed ,uafed September 7th, 1989 and recorded in ~ilieDffke of the.Recorder of Deeds in and for '7Cum15-erfaria County in Deed Book E34. Page mi~ ~..,granted .and conyeyed unlo Ronald E. 'ijEjng5.uzanne E. Knaub, his wife. -~~t{ ~~~~W-a~~~ l~~, ~u~b:~J~n~ :~I.-[ufi_ty Number 2000-0163Q~,a~~n. -. ~. ,-~, . f ~.. ...~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot.News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 31 st day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duiy recorded in ':;::',~:~:::"'"' · D"". '" M" "".dC,""'.D=~"I,."',""~'.~ m COpy is lstdaY~De er2000AD. S ALE 1122 Notarial Seel Terry L. Russell, Notary Public Harrisburg, Dauphin County My Commission Expires June 6,2002 OT ARY PUBLIC Member, Pennsylvania Association at Notaries My commission expires June 6; 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 . Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 286.80 1.50 288.30 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. By.................................................................... SAlOIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A .~-"~, ~ ~ , t ~~ ......~ ~,-, MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106.. Maple Drive, Mechanicsburg, PA 17055. 1. Name and address of owners or reputed owners: Ronald E. Knaub and Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Ronaid E. Knaub and Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 'I II \1 " II 1 SAlOIS, SHUFF & MASLAND ATl'ORNE'VS-AT.LAW 26 W. High Street Carlisle, PA ;- 5. Name and address of every other person who has any record lien on the property: - 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: _ 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: _ I, Johnna J. Deily, Esquire, attorney for the Plaintiff, Harris Savings Bank, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: '8 f:S - 00 aJ.D' ,Esq re reme Court ID #53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 2 SAlOIS, SHUFF & MASLAND A1jORNEYS-AT-LAW 26 W. High Street Carlisle, P A ~ -- MELLON BANK N. A., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB. CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) NOTICE TO LIEN HOLDERS PURSUANT TO PA. R,C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Ronald E Knaub and Suzanne E. Knaub,h/w. Ronald E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Suzanne E. Knaub 106 Maple Drive Mechanicsburg, PA 17055 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 You are hereby notified that on December 06,2000, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No.2000-01630 in the amount of $91,509.99 plus interest from February 15th, 2000 $20.13 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at 1 SAlOIS, SHUFF & MASLAND AlTORNEYS-AT.LAW 26 W. High Street Carlisle, PA Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Ronald E. Knaub and Suzanne E. Knaub, known as that tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: 8-1";-.00 By: ',,- . ./ ~.- Johnl/cl a. Deil ; Esquire SAID ,SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorney for Plaintiff Attorney I.D. 53147 2 SAlOIS, SHUFF & MASLAND A17ORNEYS-AT.LAW 26 W. High Stree[ Carlisle, P A MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 06, 2000 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legai description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCA TJON of your property to be sold is: all that certain improved tract of I land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No. 2000-01630 for $91,509.99, plus interest from February 15, 2000 at $20.13 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 SAlOIS, SHUFF & MASLAND ATI'ORNEYSeAT-LAW 26 W. High Street Carlisle, P A - 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: f?-IS->C"r1..i By: J na J. eily, E quire S preme Court ID#53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 I ~ ___ _. ,~~......J '~-'d , , LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated October 4, 1979, as follows, to wit: BEGINNING at a hub on the North side of Maple Drive at the corner of lands now or late of David T. Moyer, Sr. and Dorothy N. Moyer, his wife, being Lot No. 42 on the hereinafter mentioned plan of lots; said point being measured 348.38 feet West of the Northwest corner of Maple Drive and Poplar Street; thence along the said side of Maple Drive, South 65 degrees 27 minutes West, the distance of 112.00 feet to a hub at the corner of lands now or late of Clair V. Runk; being the remainder of Lot No. 44; thence along said lands, North 24 degrees 33 minutes West the distance of 120.00 feet to an iron pin on the South side of Lot No. 36; thence along the South side of Lot No. 36 and 37, North 65 degrees 27 minutes East, the distance of 112.00 feet to a point at the corner of lands now or late of David T. Moyer, Sr.; thence along lands, South 24 degrees 33 minutes East, the distance of 120.00 feet to a point, the place of BEGINNING, BEING all of Lot No. 43 on Silver Spring Development Co. as recorded in Plan Book 6, Page 4 and the Eastern part of Lot No. 44 on same plan, recorded in Plan Book 21, Page 62. BEING known as No.1 06 Maple Drive. BEING THE same premises which Richard F. Muster and Lillian Muster, his wife, by their deed dated July 31, 1984 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book V-30, Page 136, granted and conveyed unto Woodlawn Farm Corp., a Pennsylvania Corporation, Grantor herein. '"~ 11I'<""""'- , ;.,1 ~- MELLON BANK N. A. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-01630 RONALD E. KNAUB and SUZANNE E. KNAUB, CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant( s) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129,2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 06, 2000 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, known and numbered as 106 Maple Drive, Mechanicsburg, PA 17055. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Ronald E. Knaub and Suzanne E. Knaub, No. 2000-01630 for $91,509.99, plus interest from February 15, 2000 at $20.13 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 -llj...- ........~~J .. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Ronald E. Knaub and Suzanne E. Knaub, h/w A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY, IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 - 249 - 3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file.a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2 . ,~, SAID IS, SHUFF & MAS LAND ATmIINI!.YS-AT-LAW -*Wdligh Street Carlisle, P A ,n. I 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED, 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attomey for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. . If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: C / r.c....',..) C - .) By: '-... ( Jofl,{na J. 'eily, E~quire Slfpreme Court ID#53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 I" I / - "'-"- LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land, situate in Silver Spring Township, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated October 4, 1979, as follows, to wit: BEGINNING at a hub on the North side of Maple Drive at the corner of lands now or late of David T. Moyer, Sr. and Dorothy N. Moyer, his wife, being Lot No. 42 on the hereinafter mentioned plan of lots; said point being measured 348.38 feet West of the Northwest corner of Maple Drive and Poplar Street; thence along the said side of Maple Drive, South 65 degrees 27 minutes West, the distance of 112.00 feet to a hub at the corner of lands now or late of Clair V. Runk; being the remainder of Lot No. 44; thence along said lands, North 24 degrees 33 minutes West the distance of 120.00 feet to an iron pin on the South side of Lot No. 36; thence along the South side of Lot No. 36 and 37, North 65 degrees 27 minutes East, the distance of 112.00 feet to a point at the corner of lands now or late of David T. Moyer, Sr.; thence along lands, South 24 degrees 33 minutes East, the distance of 120.00 feet to a point, the place of BEGINNING. BEING all of Lot No. 43 on Silver Spring Development Co. as recorded in Plan Book 6, Page 4 and the Eastern part of Lot No. 44 on same plan, recorded in Plan Book 21, Page 62. BEING known as No.1 06 Maple Drive. BEING THE same premises which WOODLAWN Farm Corporation, a Pennsylvania Corporation, by their deed dated September 7th, 1989 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book E34, Page 345, granted and conveyed unto Ronald E. Knaub and Suzanne E. Knaub, his wife. BEING SOLD AS THE PROPERTY OF RONALD E. KNAUB AND SUZANNE E. KNAUB, CUMBERLAND COUNTY NUMBER 2000-01630 CIVIL ACTION ~- :.a._'i / / / ) , COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) WRIT OF EXECUTION andlor ATTACHMENT NO. 2000-1630 CIVIL is: TerIll- CIVIL ACTION - LAW TO THE SHERIFF OF CUIiJberland COUNTY: To satisfy the debt, interest and costs due Mellon Bank, N, A. \ \ PLAINTIFF(S) from Ronald E_ KnaBb ann f;B~"nn.. Po. KnaBb; 100 MAp1", Dr;"",; M,>("'h"n;('!!'<hBrg. p" 17055 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ;,,,- '," GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attact1rriilnt has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defend;mt(s) not levied upon an subjectto attachment is found in the possession of anyone other than a named garnishee, you are directed to notffy hirnlherthat he/she has been added as a garnishee and is enjoined as above stated. AmountDue $91,509,99 $20.13 per DleIn FROM 2/15/2000, Interest thrtl DAt", of f;a1.. L.L. ,509 Atty'sComm $4,150.00 Atty Paid $127.20 Plaintiff Paid % Due Prothy Other Costs $1. 00 Date: Auqust 17, 2000 Curtis R, Long Prothonotary, Civil Divisio '" by: REQUESTING PARTY: Name Johnna J. Deily Address: 26. West High Street Carlisle, Pa 17013 Attorney for: Mellon Bank N.A. Telephone: ( 717) 243-6222 Supreme Court ID No. 53147 _liiIfiiIl:il:lj~IiriiWrl~" ~''''''''''"'-'"=''iM;jI~~~'_~il'w",,:'' o,~, 'liii'~~''''~"''';'''~'h'ff iilIIlIIl>llll1llllli.lililililiillii ~"o~~-~-",,-,. REAl ESTATE SALE No. On ~ 3 1/ ~ the sheriff levied upon the defendants Interest In the real property situated in_tJ.. u ~'2,., ~~., -;?n-f? Cumberland County. IJ...umbered as: Jt!hdJ1rf~ $~ ,. ~f-" I~A"'~~1' ana iili.U on Exhibit "A" filed with this writ and by this referenct:. Incorporated herein. "'''':f~p.1',~hl. :J..ri By: tiN' j ~ ~{j;/;-LA j:1! !'_! '0' ~ -1 l (.' '._J j J. -. d ;' I ' J f r', I : '- ~- _ I 'j .:i .' ! (JCi r1 DE ~nv AiJi(!C' ' ~ji:-j() :/:l1l13!!, "i:.: .;!.I :,,;:,,1.10 "'.. ~ ~ ,..,....,,'" . <,. - . ~ .~ ~ ~ ]