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HomeMy WebLinkAbout00-01741 SAIDIS, SHUFF & MASLAND ATIURNEYSeAT.LAW 26 W. High Street Carlisle. PA ,II '"" THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: QCJ::{) II-<' II C - I'-!- ',;,.oierfYl EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE 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 wit1rin twenty (20) days after t1ris Complaint and Notice are served, by entering a written appearance personal]y 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 reIiefrequested 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. IFYOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE. SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717 - 249 - 3166 aJ. D y,Esq orney for P]aintif SAllIS, SHUFF & MASLAND 26 West High Street Car1i8]e, P A 17013 (7] 7) 243.6222 SAlOIS, SHUFF & MASLAND A'ITORNEVS.ATeUW 26 W. High Slreel Carlisle, PA ~ .' , " THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: /),CCQ-/74! ~Teffl1 EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes the Plaintiff, The Farmers National Bank, PO Box 156, One Big spring avenue, Newville, PA 17241, by and through its attorney's Saidis, Shuff & Masland and respectfully avers the following: 1. The Plaintiff is The Farmers National Bank of Newville, a Pennsylvania banking institution doing business at PO Box 156, One Big Spring Avenue, Newville, PA 17241. 2. The Defendant(s) islare Earl M. Yohn, an adult individual(s) residing at 353 Crossroads School Road, Newville, PA 17241. 3. The Plaintiff brings this action to foreclose on a Mortgage by and between the Plaintiff and the Defendant dated November 15,1996, in the principal amount of ninety thousand and 00/100 dollars ($90,000.00); a copy of said Mortgage is attached hereto and made a part hereof marked as Exhibit "A" and recorded in Cumberland county Recorder of deeds Office in Mortgage Book 1353, Page 94. 4. Said Mortgage is and contains a lien against that certain tract of land situate in the Township of West Penn, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 353 Crossroads School Road, Newville, PA 17241; a legal description is more fully described in the attached Exhibit "A". 5. Pursuant to the terms of said Mortgage, the Plaintiff advanced to the Defendant(s) the sum of ninety thousand and 00/100 dollars ($90,000.00). 6. The Defendant(s) defaulted under the terms of said loan by failing to make the monthly payments of $786.33 for the month of September 15, 1997 and subsequent monthly installments. 2 . SAlOIS, SHUFF-& MAS LAND ATfORNm'S.AT-LAW 26 W. High Street Carlisle, P A : 7. The Plaintiff has given 10 the Defendant a written Notice of Intention to Foreclose on said Mortgage as required by law under the Act 6, dated March 1, 1999; a copy of said Notice is attached hereto and made part hereof marked as Exhibit "B". 8. The Plaintiff has given to the Defendant(s) a written Notice of Homeowners' Emergency Mortgage Assistance Act of 1983, the Act 91 , dated March 1, 199; a copy of said Notice is attached hereto and made a part hereof marked as Exhibit "C". 9. The Defendant applied for PHFA and was denied; a copy of denial letter is attached hereto and made part hereof-marked Exhibit "D". 10. The amount due and owing under the terms of said Mortgage are as follows: A. Principal Balance: $89,028.18 B. Interest @ $23.19 per diem Through 03-15-2000 $21,868.17 C. Late Charges: $ 1,179.60 D. Attorney Collection Fee: $ 4,450.00 Total Amount Due $116,525.95 WHEREFORE, Ihe Plaintiff prays your Honorable Court to enter a judgment in favor of the Plaintiff and against the Defendant(s) in the amount of one hundred sixteen thousand five hundred twenty-five and 95/100 dollars ($116,525.95) Dollars, plus interest at twenty-three and 19/100 dollars ($23.19) per diem, plus costs and sale and foreclosure of the mortgaged premise. Respectfully submitted, SAlOIS, SHUFF & MASLAND Dated: 3- tf) .00 'BY: na J. # 53147 26 West High Street Carlisle, PA 17013 717 - 243 - 6222 Attorney ~or Plaintiff 3 ~ pe -d I .1." ";;,.-1-.) ',.),\.,j1--, '-,<-~ I Il. \ .1'11.' ~ I II I ,..l..r F IV VERIFICATION t I ~ l r- U~! . ~ t:..Lo.LCo ':..lU ~;J...N:. f >ler J'y Ii 'eH t~lP. Sl.lf('mtmts made In thts Cumpr~int .;E!I(; tn..t: and correct. 'understand that false t"'J~S;fIC':1rJor: 10 t:"\+,' allt~lonhcs ~tC'Jh:~!iletlt'; hf!rell:. are m<:l(~e ~lJj')ll~ct {() Ll1e pc:.-nalties of 18 P~L f:. S. Sactio.'"I4904, relating to unsworn Dated: 3,- ze; - OD ~fLt On J BY:~~ .James EO, Showvakor, Plaintiff gt:~t 0061-01-re " \ 7 "'//"'" ")J0-- ,- '- ~ /) ((/,1/0",J ,It.. r~CCEnf P. ZIEGLEF;: reCORDER OF DEEDS :':MS::RLM1D Courny - f" " . 96 1101[;::1 Arl 10 23 lSpJce Abo"e This line For Recording Villal MORTGAGI~ Tlfl!; MORTGAGE ("Security Instrument") is given 011 ... ,..N9..V:~,I\l~.r.. .l.!:}.......L.9.~.Q, .........n.~........................ . 19 . .~P.. . The mongagof is ...... . JJ:_Q,.r.J...H,..XQhtt.... '..................u..................--.--..............._.................~..... . ~,---,-.,.,............ .....,.........,. ,..,... ("Bllrrowcr'). This Security Instrument is given (0 ,. f.~.~J1~R~.}~I.~~.~RI:1.~.~............, . BANK. OF.'. .NE.W.v!LL.E.~.. P.l-\"."...,..,....., _~....". ".... ... .................. ......... , which is organi7ed and existing under lhd;nvs HI' . ..P.enJlsy,J.yqn.i-a. .................'......H. . and whose address is .f...VJ~~R..l?J9..~PX.~p.g. .l;t.Y,f!nH~{...... . New.v.ill e~.. .PA... .1.7.2.41.,..".,..... .... HO. P.. ... .~.~~.... .._ .~... ........... ("Lender"). Borrower owes Lender the principal slim of ,~.~~~-o;-;-;-.-;-.-:-:-::~N LN.E:J:'X. ,'l'.B.QJ.J~l\N,1).-:-::::-:':"';7.7.-::-::-::-:.7'."7:-:::7:::7.7::'::-:-:7:-:".--;-.--;;:::::::-.7:-::7:-:::7.7:7:-::-:--::'7.7.7:: Dollars I U~S. S . .90.... 0.00...0.0). This debt is evidenced by Borrower's note dated Hie same dale as Ihis Security Jnstrument ("NoW'), whic[1 provides I'm monthly payments, with the full debt, if not paid earlier, due and payable on . .N.O,v.e::roAJd.+..J,~ .1...~.Q.4.1..,.......... . Thi~ Security (nstrument secures to Lemler: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions am] !llul!iI'iC:lticlns of the Note;(b) the payn'1cflt of all other sums, with interest, advi.\llced untler paragraph 7 to protect lhesecurity of this Security Instrumcnt; alld (e) the performance of narrower's covenants and agreements un(]er this Security instrument and the NOle. For Ihis pllrpose, Borrower docs hereby mOrlguge, gnHH and convey to Lender the Corlowing described property tocated in . :ti.~~ to.. . w,....... P.ennshora ,.T.ownship.". ,Cwn.ber Lan.d........ ....... .... .......n.........~... CO\lllty, !:ennsylvania: See Exhibit llA" \~hil:h has Lite addres~ or . ~.S.3.. Cr.O.$.I;;XQR,9,$,. .~~t\9.9.J,... RP.?-.9.... .,... ,........... ... " {Streett .. ...~.~)'{X~.+.+,~.... [Cily[ 1\:llflSylv<tlli:I.. ..J..7.=?LJ)". Ili[lCo(lel .. ("Prnpcrt}' Address"); TOGETII ER WlTtl all the improvements now or hereafter erected on the property, :md all easements, appurtenances, ami fixtl\re~ Ill)\\' or hereafter a part or the property. All replncements and additions shall also be covered by this Security InstrUll1cnt. AU of the foregoing is referred to in tllis Sccmity Instrument as the "Property." 1l0H ROWUR COVFNANT51hat Borrowcr is lawfully seised of the estate hereby conveyed unt! has the right lO llH1I"tgage, grant :lIId Cl}llWy the Propeny and tlult the Property is unencumbered, except fo!' encumhranccs ()f record. Borrower warranLs and will dclt,llHI generally the titlc tn ((Ie Property againsL all claims and demands, s-ubjcct to any encumbrances of recortl. TIllS SECURITY INSTRUM[NT combines uniform convennnts for uotlion"l use i.WO non-unifnrnf (,'OYCIHlnts willi limilcd \'ari<llion... 11)' jllrisuicliolllo cOllstlft/le (l uniform ~ectlrity instrument covering real property. UNIFOIUvl COV[:NANTS. n~)['rowcr .1Ild Lcnder cove.nant and agree n-s follows: I. {':I}'lllent or l'rindpllr l\lld Intercst; Prcl)uyment anti tale Charges. Borrower s(mll promptly pay WhCll tlue Ihe principal of ;ltld illtcrc~( 011 the uebt CyjdclH:ed hy the Note am! tiny prepayment and late charges due undcl' tlle Nole. 2. Funds rur T:c\.t's and 11I~lIr:lll('e. Suhject Lo applicable law nrto JI WritLCll waiver by l.endL:r. BUl rower ~\Ial1 pay Lu I.ender 011 the <lilY Il\\llllllly p;lYIHL:nls arc dlle lInder till: Nute, \lntil the Nute is pllid in full, II SlIlH ("Funds") J'1ll': (a) yeady 11I)(.e~ ,1l1cl (\$SeSSlllcnts whkllm.lY :l[[aill pl'inrity over lhis Sel.:lll'ity Instnllll(:nt i\~ a lien 011 the Properly; (b) yearly lenscholcl p:\yments or ground rents on the Property. if :illY; (c) yeul'ly hilliLld Dr property insurance premiums; (d) yearly l'lnnd insur:mcc premiullls, if any; (e) yearly mortgage insllrance pr~'1llitlt1ls, if .lIly: und 0) :lny slims rayahlc by HOI'/"()wer 10 Lcmler, in accordilrtCe with rhe provisions ('If p:tnlgntph ~, in lieu (If rhe p,'ymclll of mOl'lgagc in.wrllllcc premiums. These items arecnlled "E.scrow ItCIllS." Lcntlcr nUlY, al UtI}' time; collcct lwd lwld FUlld.~ ill:m <lilitH/Ill 110110 e.,(Cl'~'d the lll11xilllllnJ ill1Wtlll1 .llcnder for <I federally relllled llwrlg.lge Io:w may require for Borrower's escrow .ICCOUIl! Wldc!' lhe f~'der,d I~eal F$I;Ilt.' S~'!lJCIllt'111 l'nK~'dlll'C'S Acl of 1974 <IS amende() from lime 10 limc, 12 tJ.S.C. ~ 26tH l" Sl'f{. ("HI:SP^"~, Ilolc:$s .IIJn\hcr law Ih.lJ applies III Jhc FUJlds:.t:ls Jl lesser 1l/l1011lll. Jf!;O, L.enut.'l" nwy, III :my lime, cl)llecl mHI hold Funds jn ~lll aIllOIlJllllO! iU c)(.~'t.'ed tbe lc~ser illlHlUll!. 1.ender llIay estimate the alllount or FUI\US dtle on the basis of current d<lta and reasonable c:slilllatC'~ or I.'x'pel\llittll'cs of future E~~rllw Hems or othef\\'ISe' in lIceonjance Wilh applicable law. The Funds shall be held in an insffiilliOll whosedepoSils arc insured by.l fcdcmlilgency, lnstrumeill:llity. Of entity {in eluding Lender, if LeuckI' is slIch .111 institutioll) 01' in any Fcuend lIome 1.0<111 Blink. Lender S(WIl,lpply tile Funds to pay the I~scrow Itellls. Lender may ll()tl.'hal'g~' (hlfl'OWer for holding and" applying 1 he Funds, annually annlYling thl: t.'S(,:1 ow <lecount, or verifying the Escrow Items, \InlL:ss J .elider PllYS Bmrower illtcl"csl olllhe Funds and applicable law permits Lentler Lo ll1uke such a charge. \Iowcvcr, Lender may rcqllin:: PENNSYLVANIA-Smglc- r~ll1ily-hnnie Mae/Freddie Mac UNifORM INSTRUMENT fOHIl 3039 {9/90) (I'(J):/' J f!f4/l/'X,..s) Booxi353 rACE 94 EXHIB\T A ( " , , ' I . Borrower to jHl)' II onc~timc charge for:ln inucpcnucnt rcnl est ale t<'lX reporting service'used by Lender in connection wiLli this loan, Ullh:S.~ appliclIblc law proviucs otherwise. Unless an agreement is made or applicable law requires interest to be pnitl, Lender shall nol he rcquirL'd to pay Borrower any interest or earnings onllle Funds. Borrower and Lender may agree in writing, however, that inLerest shall he paid 011 tbe Fumls, I.entlcr shall give to Borrower, without charge, an annual accounting of the Funds,showiugcrcdits untl debits Lo the Funds llnd the purpose for which clIch debit to the Funds was madc. The Funds arc pledged as [l<.hlitional security for .ill SlIlllS seemed hy tbis Scc\Jril~ Imlrumcnt. If the Fuuds hchl by Lender exceed the amounts permittcd to he held by applicable law, Lender shall account to Borfmn:r for tin' exccSs Funds in accordance with the requirements ofnpplicahte l'nw.lfthe amount orthc Fund!> held by Lender aL JIll}' timc is lIot surlicicnt to pay the Escrow llemswhell due, Lender mayso notify Borrowerin writing, and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Vorrowcr shall make ur the deficiency in no more tlwn twelve monthly payments, al Lender's sole discretion. Upon payment in full of all sumsseeurcd hy this Security Instrument, Lender shall promptly refund to 1J0rrower any Funds held by Lcnder. If, undcr paragrarh 21, Lender shall acquire or sell the Property, Lender, prior to tllC acquisition or sale of the Property, shat! apply any funds held by Lender at the time of acquisition or sale as a credit ~lgainst the sums secured by this Sccurity Instrnment. 3. Application of Payments. Unless applicuble law provides otherwise, all payments received by Lemler under paragraphs! and:! shall he .lpplied: first, to any prepayment charges due under the Note~ second, to amounts payable under paragraph 2; third, to illter~st due; fourth, to principal due; und last, to any late charges dlle under the Note. 4. Charges; Liens. Borrower shall pay aU taxes, assessments, chnrges, fines and impositions attributable to the Property whkh Ilia) attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or ifnot paid in that manner, Borrower shaH pay them on time directly to the person owed paymell!. Borrowcr shaH promptly furnish to Lender all notices of amounts to be paid under this pamgraph. If Ol,)rrower makes these payment:- Jirectly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall prompttydisdHlrge any lien which has priority over this Security Instrument unless Bonowd: (a) agrees in writing ttl the rayment of the obligation secnred by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or Jefends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement ()f the lien; or (c) sccure~ from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender tlctcrmine~ that allY pHfL of the Property is subject 10 a licn which may aLluin priority over this Sccurity InsLrument, Lender may give Borrower ,I noticc identifying the lien. BorrowershaH satisTy fhe lien or take one or more of the actions set forth above within 10 dllYS of the giving <11 notice. - 5.lIazard or Property Insurance. Oorrower shall keep"the improvements nOW existing 9r hereafter erected ~)Il the Property insured against loss by fire, hazards included within the term :'extended coveragc"and any other hazards, including llonus or nooding, for whidl Lender requires insurance. This insmance shaH be maintained in the amounts and for the periods that Lemler requircs, '111e insurane~. carrier providing thc insmunce shall b~ chosen by Borrower subjcct to Lender's approval which shaH not he unreasonably withheld. I r Borrower fails to maintain covcrage dcscribeJ ahove, Lender may, at Lender's option, obtain coverage to protect I.cnJer's rights ill tIn. Property in accordance with pamgrllph 7. All insurance policies and renewals shall be .lcceptable to Lender and shall include:l st,.nd-ard mortgage clallse. l.ender shall havc lh~' right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums alld renewal noticc~. In the event of loss, BOl'Towcr shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not madc !lrumpt]y by Borrower. Un]css Lender and Borrower otherwise agree in-writing, insurance proceeds shall be applied to restoration or repair of the Propel'ty dllmaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the rest-oration or repair is not ectHlOmically fe<tsible or Lender's security would be lessened, the insurance proceeds shall be aPrlie~ to the sums secured by this Security lnstl'ument, whelheror not then due, willi any excess paid to Borrower. If Borrower ahandolls the Property, or docs not answer within.10 Jays a notice from Len<.ler that the insurance carrier has offered \0 seltle aclaim, then Lender may col]ect th~ inSUr,ltlCC proceetls. J.cndcl may usc the proceetls to repair or restore the Property or to pay sums secured by this Scqurity Instrument, whethcr or not thell due, Tht. JO-day period will begin when the notice is given. Unless Lendcr and narrower otherwise agree in writing, any application ofprocecds to principal shaH not extcnd Of poslpone (he due date or the month(y payments referred to in paragraphs (and 20rchange the amount of the payments.lfunder paragraph 21 the Propel'ly is acquired by Lender, lJorrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the ex.tent ~f the_ Slims secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Mninlenance nnd Prolecllon oCtile Properly; Borrower's Loan 'Application; Leaseholds. Borrower slmll occupy, establish. and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the oate of occupancy, unless I,ender otherwise agrecs in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances ex.ist which are beyolHl Borrowcr'scontroL Borrower shall not destroy, damage orimpair the Property, allow the Property to deteriorate, or commit wasle on the Property. Borrowcr shall be in default ifany forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgmcnt cou]J result in forfeiture oflhe Property or otherwise materially impair the Iiell created by this Security Instrument or l.ender's securiLY interest. Borrower may cure such a default and reinstate, as provided in paragrapll 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith dete"rminatioll, precludcs forfeiture of the Borrower's interest in the ProperlY or olhcl llHlteri,ll impairment of the lien crented by this Security Instrument or Lender's security inLerest. Borrower shall also be in default il Borrower, during the loan appHcatio'n process, gave materially false or inaccurate infoflllation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of tile Property as a princiral residence. If this Security Instrument is on a lenseholJ. Borrowershal1 comply with oil the provisions of the lease. UBorrower acquires fee title to the Property. the leasehold and lhe fee tit]e5.hall not merge unless Lendcr agrces to the merger in writing. 7. Protection or Lender's Hightsin the Property. If Borro':VeI [ails to perform the covenants and agrecmenlscontaincd in this Security Instrument, or there is a lcgal proc~_edillg that maysigniflcantly affeCt"Lcilder's rights in thc Propcrty(such as a proceeding in bankruptcy, probate, for condcmnation or forfeiture or to enforce laws or regulations), thell Lender may do and pay for \vhatever is necessary to protect the valuc of the Prorerty and Lender's rights in the Property. Lemler's actions lllay include paying any S\lms sccured by a lien whieh has rriority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering un tbe Propel ty t(l mukc repairs, Although Lender may take action under this paragraph 7, Lender docs llot have tn tlo so, Any amounts disbursed by Lender under this paragraph 7 shall become additional dcbt of Bonower securcd by lhis Security' Instrument. Unless norrower and Lender agree to other terms of payment, these amounts shall bear interest from tllc Jute ofdisbursemellt at the Note rate and shall bc payable. with interest, upon notice from Lender to Borrower requesting paymellt. 8.l\l{Jrtga~c Insurance. If Lender required mortgage insurance as acondition of making the loan secured by tllis Security lnstTllmcnt. Borrower shall poy the premiums required to maintain the mortgage insurance in effect. If, for any reason, the morlgage insurance t;OVcfage rcquired hy Lemler lapses or ceases to be in effect, Btlrrower shall pay the premiums required to obtain coverage substantially cquivalent to tlte mortgage insurance previously in effect, at--a cost substantially eqlliva1cnt to the cost to Borrowcr of the mortgage form 3039 9/90 (I"lg,' '! ,~r4 (mg,.I) BDOd353 PAGE 9.'5 ". insuranc.e. prc"ill\l.;ly in effcct, from an alle-roalC n10rtgagc insurer approved by Lender. If substantially equivalent mortgage insurance l'{lVer<lge is nOI :LvOIlqablc, BlIrrower shall pay to Lcridereach month aSUI\l",equal to one~twelfth oCthe }!t;:arly mortgage insurance premium being paid by IllHl (l weT when the insurance c.overMC lapsed or'ceased to be in effect. Lender will accept, use and retain these payments US.1 loss reserve in lieu of mortgage insurance. Loss reserve pay:mertlS-may no longer be required, at the option of Lender. if mortgage insurance coverilgc (in the ,Hnnvut and forthe period thal LCl1derrequires) provided by an insurer approved by Lender again hecomes available ami i:-; ohtainctl. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the lcquirc'incllt for mortg;,\ge illsurancc cnds In.uccordunce with any written agreement between Borrower and Lcnder or applicable Inw. . 9. Inspcc~ioll. Lend'cr, elr its as:nt ma~Al~F~qf#t9nable entries upon and inspections of the Property. Lender shall give narrower notIce_at the tune of or Jl nor to an mspectlOllrspl:.C,rq'mg,reasonable cause for the Inspection. 10. COlldcnmalioll.' nH: proceeds ofany'aw.3.td oLclaim for damages, direct orconsequential, in connection with any condemnation or other taking of any pant of the Property, or for conveyance in lieu of condemnation. are hereby assigned and shaH be paid to Lender. In theevent ofa total t;1kingofthe Property, the proceeds shall be applied to the sums secured by IhisSecuritylnstrumcnt, whether or nol lh_e..n due, with any exc\~ss paid to narrower. In the event of a partial taking of the Property in which the fair market value of lhe Property immediately heron~ the taking is equal to or greatcr th;m theamounl ofthesulUs secureu by this Security Instr.ument immediately bcfore the tnking, unless nm rower and Lender olherwise agree in writing, the sums secured by this Security Instruinent shaH be reuuccu hy Lhe amount of the proceeJs 1111lltiplicd by the following fraction: (a) the total amount of the sums secured immediately before the taking, divitlG9 by (b) the fairmarket value of the Property immediately before the taking. Any bulanceshaU be paid to Borrower. In the event ofa partial tllking of the ProperlY in which the fair nlarket value of the Properly immediately before the taking is less lhan the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shal.l be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abarldoned by Borrower, or if, after notice by Lender to llorrower that the condemnor offers to make an award or :-lettle a claim for damages,. Borrower fails to'respond to Lender within 30 days after the date the notice is given, Lender is authoriz~d to collect and apply the prol.:e~ds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or n\l! then dlle. Unless Lender and B<lrrower otherwise agree in writing, any t'lpplication ofproceeus to (H'incipal shaH not extend or postpone the due d<ltc...Qf the monthly paYltlcnts referred to in paragraphs I and 2 or change the amount of such payments, 11. Uorruwer Not " ,ll,ftscd: Fnrhcarance By Lender Not a Waiver. Extension of the time for payment or modirication of arnonizatiol1 of the sum : h", lllis Security Instrument granted by Lender to any suceessor in interest ofllorrowershall not operate to rclense the li.lbility ofr ! llnrrower or Oorrower'ssl!cceSSors in interest. Lender shall notbe required tocommence proceedings against any successor in \II' refuse to extend time for payment or otherwise modify amortization of the sums secured hy this Secu:my Instrument by rt ,I..un of any demand made by the original Bo!'rower or Borrower's successors in interest. Any forbearance by Lell.tLc.r in exercising any right or remedy shall nol he a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Uoundj Joint and Several Liability; Co~Signcrs. The covenants and agreements of this Security Instrument shall bind anti benefit the successors and assigns of Lender and Borrower, subject to the provisions of par:lgraph 17. Borrower's covenants lIud agreements shall bcjoint and several. Any Borrower who co-signs this Security Instrument but docs not execute lhe Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey thut narrower's interest in the Property under the (erms of this Sccurity Instrume~t; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees tlm\ I.endcr ami allY other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security (lIstrumeJlt or the Note without that narrower's consent. . 1.1. Loan Charges. If the loan securcd by tllis Security Instnlmcnt is subject to a law which sets maximum loan charges lLUd that law is l'inally interpreted so tlult the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, tllen: (a) any such loan charge shull be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums .llready cnllectcd from norrowerwhich exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by lcducing the principal owed llluJer the Note or hy makingadirect payment to narrower. Tfa refund reducC!iprincipal,lhe reduction will b~ treated as a partial prcpnyment without :'IIlY prepayment charge under the Note. 14. Nolices. Any notice to Horrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first L'lass_mail unless applicable law requires use of another method. The notice shan be directed to the Property Address or any other acJdress Borrower designates by notice to Le_nder. Any notice to ,Lender shall be given by first class mail to Lender's address stated herein or any lllher address Lenderdesignates by nolice to Borrower. Any notrce pro'lided for in tllis Security Instrument shall be deemed to have been given to Borrower or Lender when given as provicJed in this paragraph. 15. Governing Law; Sevcrability. This SeclUity Instrument shall be governed by fedcrnl law 'and the law of thejurisdiclion in which lhc..Property is located, In tile ~vent that any provision orc!ause or this Security 1nstrument or thc No-teconnicts with applicuble law, such ~'ollnict shall 1\01 affect other provisions of this Security Instrument orthe Note which can be given effect without thcconDictingprovisioll. To tbis end the provisions of this SecurilY Instrument and the Note are declared to be severable. 16. Borrower's Copy. norrower shall be given one conformed copy of the Note and of lhis Security Instrument. 17. Trnllsfer of the Pfoperty or a Beneficial Interest ill Borrower. If all or any parI of the Property or any interest in it is sold or transferred (or if a beneficial intcrest in Borrower is solcJ or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums sccured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lemlerexercises this option, Lender shall give narrower notice of acceleration. The notice shall provide a period of not less thun 30 t1nys frol1lthe date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any_ remedies permitted by this Security Instrument without further notice or demand on Borrowcr. 18_. Borrower's IHghl to I~eimtate. If Borrower meels certain conditions, Borrower shall have the right to have enforcement of this Sc-c\uity Instrument discontinued at any time prior to the earlier of: (a) 5 days (or sllch other period as ;lpplicable law may specify for rcins.tatelllent) bcforesale of tile Properly pLlrslHlIIt to any powerofsllle contained in this Security Instrument; or (b) entry ofajudgment cnforcing this Security Instrument. Those conditions are that norrower: (a) pays Lender all sums which then would be due under this Security Inslrument llnd the Notc as ifno acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in cnforcing this Security Instrumcnt, including, but not limited to, reasonable atlonieys' fees: and (d) takes sHch ,Iction as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and norrower's obligation to pay the sums secured by this Security Instr'umen"t shall continue unchanged. Upon reinstatement by norrower, this Security Instrument and the obligations secured herehy shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under parograph'17. 19. Sale ofNotc; Change of Loall Servicer.l11e Note ora partial interest in the Note(together with this Security Instrument) may he :-wld one or morc timcs without prior notice to Oorrower. A sale may resultjn a change in the entity (known as the "Loan Servicer") that ('nlkel:; IlHllllhly payments duc under the Note and this Security Instrument. There also may beone or more changes oCtile Loan Servieer lInrelated to n sale ol'the N(lte, Jfthere is a change orthe Loan Servicer, norrowerwiU be given written notice ofthechange in accordance with pamgraph. 14 nbove allLl applicable law. The notice will state the name and address of the new Loan Servieerand the address to which payments should be made. The .notice will also contain any other information required by applicab!e law. . form 3039 (9/90) (pagr 3 of 4 pagts) Bood353 PAGE 96 . ~', .... ...' ...~'.' ""-.' "...,....'..'''. " 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or rclc.15C of allY II :lnll"CJoIIs Substancc:i on or in the Properly. Borrowcrshall not do, nor allow anyone else to do,anything affcclillJ.; lhc Pn1pcny Ihal is'in vinlalioll n( any EnvironU1cnlul Law. The {'>rcceding twosctl1cnccs shall not <lpply to the prcscnct:,l1sc. orstOf<lgc onlhc Property of Sill all qll<llllilh.:s (If llaz:nrdmcs SuhsC<lnccs {/wl flrc getlC'rally rccogni7Cd to be appropriate Co normal rcsidcrJCinl uses ,1fId to malntcnance- of (lit: PnJf'crly. BOITower shall promptly give Lender WriltCllllolicc ofunyinvcstigatiOll.c1:lim.dcnullld, lawsuit 'ur otller aclinn by llll)' governmental or regulatory ngcllcy or private pmty involving tbe Property and any l'I;.lzardous Substance or Envirollll1cntall,aw of which Borrnwcr lm~ Hclllal knowledge. IfOorrower learns, or is notil1eu by any governmental or reguJatoryauthority, tlmt any removal or otllel' relllcdi:\lion or any I [al..ardous Substance a!Tecling the Property is necessary, Borrowcr shal! promptly takc allncccssary I l'lllcd inlllctions In :1l.:cnrd<lllt'~. with Environmcntal UIW. As used ill this paragr<\ph 20, "Haz<lrdolls Substances" are those substances ucfiilCO as toxic or hazardous suhstalH..'L's by Environmental 1.aw and the following subs lances: gasoline, kerosene, other llammab(c or toxic pelroleum products, toxic tJcslicidl.'s ancl herbicides, volatile solvents, materinls containing lLsbestos or formaldehyde, and radiollctive matcrials. As \lsed in this par,I!~filph :W, "Environmentn! Luw" means federal laws mld laws of the jurisdiction where the Property is IOCl\led that relalt:: to health, s,,(.:ty Ul" environmcnUlI protcdion. NON-UNIFORM COVENANTS. Botrowcraml Lender further c()venant and agree <IS rouows: 21. Acceleration; HClIlcdics. Lender shull give notice to UOI:T,lwer prior to accelcrntioll rollowing Uorruwcr's hrendl uf :Ul)' CU\'~'llaIl1 or lIgrccllIent ill this Security Il\sJt!!ll1ent (hut lIot prior to nccclcralillll under paragraph 17 unless applicable Inw provides ulherwise), Lender shall notify Borrower ur, amollgother lhings:(a) the dd:mll;(b) theacl{oll required to cure the dcfllUll; (c) whenlhe dcFaulllllllsl be cured; IInd (d) Ilrnl failure to cure 'he def:wll a$ specified m.ay result ill acceleration of 'lie slims secured by Ihis SccurilJ In.'ilruIllCIlI. foreclusure by Judicial proceeding :tnd sale of the Property. Lender shall fmlller inform Uorrower of Hie rj~hl to rcinstntc artCl' llccelcrntion llnd (hc right to nssert ill the roreclosure proceeding the Ilon~existence of:l dcfault or any other defense of Horruwer In acceleration and foreclosure. Irfhe dcfault lsnot cured asspecificd, Lendcrat its option may require imlUediate pnymcnt ill filII (lfnll SUIll~ secured by this Security Instrument without further demand nnd may foreclose this Security Instrument by judit;i:\1 prucccdinl:' I.crllh'l' shull he entitled 10 coiled nil upel1ses incurred ill pursuing the remedies Iltln'ided in this p:wlgraph 21, iucluding, hulllotlilllit(.t1lu. nt/unley!)' fees und cosls of Hlle cl-'jdence J() 'he ex'ent permitted by npplkabJe Jaw. 22. nclcase. Upon payment of all sums secured by this Security lnstrument, this SCCllril~' Inslrument lIlld tilt:: .:slatc- ctlll\'e)'l.'d ~ll,dl terminate tlnd become void, After such occurrence, Lender shall dlsdwrgc and satlsry this S.:curity IllSlrulPt::nl Without charg.: 1\1 Borrower. Borrower shull pay any recordation costs. 23. \'llliven.. Borrowcr, to the extent permitted by applicable law, waives and release!; any error or dercets ill pr()cecdillg~ III t:l\hHCl' lhi,~ SeclIrity lll.'itrument, and hereby wlIives the benefit of any present or f!Jlun: laws providing [or stay af execufion, exlellsion of lime, excmptioll from attachment, h:vy amI sale, and horn_estentl exemption. 24. Hcinst:ttclllel\ll'criod. Borrower's time to teinslate provided in parllgraph ] 8 shall extend to olle !Jollr prillI' 10 I he CO III 111L'nt:t'lI\C 11 ( nC bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25, PurcllllSC Money Morlgage. If any of the debt secured by Ihis See\ITiL)' Instr\lll1cnt is lellt (0 llnrr\Hvc-r to uequil'C' title l<1 thl' ProperlY, lhis Sc('urity Instrument shall be a purchase money mortgage, 26. Interesl illite After .hldgmcnt. Borrowcr .lgl'ecs that the intcrc...t ratc paY<lhlt:: allel' a jlldglllCllt is enlt'll'd Ill! tilt:: N11tt:: ur ill :111 aclion of mortgnge foreclosure shall bc Ihc ratc JHlyablc from timc 10 timc under the Note, 27. Hiders tu this Security luslrulllent.1f olle or morc riders arc executed by Bort'ower nnt.! rcconkd tngcfher with this Sct::uril\" lnstt'lllllcllt, the covenants :ll1d agrccmcnts of each !illell rider shall be incorporaled into and shall amend and sllpplemenl lilt:: l'(l\'l'llan{ ~ and .tgrecmcnls of this Sceurity {nstrUlIlcnl as i(lhc rider(s} wcre a pari o(this Securily {llslrul11cnl. f(,lled., applkahle lHH.(t::~l! D Adjusl,lblc Rule Rider CI Graduated Payment Rider o Balloo]l Riller o Olher(s) [specifY1 BY SIGNING BELOW, Borrower ueccpts <Ind agrees to the terms and covenants C<lntaill.:d ill lhi~ Security Instrulllent and ill <111)' ridcl'(s) execuled hy Borrower lmd recorded willi it. o Condominium Rider o Planned Unit Developmcnt Rider o Ralc Improvcment Rider o 1-4 Family Rid.:!' o Biweekly Payment RIder o Second lIorne Ridt:!' Witnesses: d4. ~ /1~~ ....,........................,.., ... ............ ~~~~~...~............ISC"I) Earl M. V " " -B",,,,,,,, , . . . . . . . . . .. . . . . .. . ',' . . .... . . . . . ,. . . . . .. .. . ',' . . . ~. . . .. . . . ' , . . . ~ . . ~ . . . . . . . . . . . ~ . . . . . . ' . . . . . . . . . . . . . . . . . . . . . .. (Sea I) -IlOlrowcr (Splee lIelow Tlri~ Line For AckllowledgmertfJ N01'ARIAlSEAl. 1f1<....IiJ!J)t wlBB!~.JJt.-H01.urr'UDUC .v(\Oot<1Lct: aURa, CuMBERUHD co.. PA. M. ,VMM1SSION UPlRESN'R1t.20, 1998 ) l!cfl'll.\-' ~'cll;ry lhal Il!c Ilfecisc mhJre$S /If fIle ~'ilhin Morlg:/gcc (tell/lcr) is ~d/~~L/ _NQt.ar.y_E.ub.li,c_._____.".._~...,.._.~_'_'_._ 1 W. Big Spring 'ftfl,r~r'O)/c<<ewvil1e,. PA 1,71241 ~ .d,',0-,;;Z;t" /1.. . 'ct.':'- ' .. .. ' .::J_)..L.T;5C.<~n ________. TillcClfOlficcr c- '.,- BooKiJ53 rAGE 97 Form 3039 (9/90) fI"!,'.!"./ or./ I'''!!...., ALL THAT CERTAIN tract of land situate in West pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded ancJ described in accordance w.ith a survey by Thomas A. Neff, Registered Surveyor, elated September 24 I 1971 and revised October 20 I 1972 I as [allows, BEGINNING at a spike in the centerline of. Township Road 438 said road belllg the publ.ic road leading from Greason t.o the Carlisle- Newville Road and Crossroads School, said point being also at t.he corner of lands now or formerly of Harold G. Jones and which point is 140 feet south from the corner of lands of the Cumberland Valley Railroad Company, alTd property now or formerly of Mervin Yinge)~ j thence North 15 degrees 10 minutes West 140 feet to a stake at the corner of lands oE the said Cumberland Valley Railroad Company and property now or formerly of Mervin Yinger, thence along lands now 01" [or:lIIerly of Mervin Yinger North 59 degrees, 17 minut.es 5 seconds East 31G. 31 feel: to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lallds now or formerly of )\lbe1."['. Watsoll; thence South 68 degrees 5.0 minutes i-'lest: 175,70 feet Lo a post; thence South 19 degrees 25 minutes East 30 feet to a s take at cornel' of lands now or formerly of Harold Crones j thence along lands now or fqrmerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by RonaJ.d L. J'ones, et UX, along the southern boundary line of the aforesaid property "lld unclel:'" and subjecl: to__buildJng lines and the right of way lines or Township Road 438 as set forth ill the aforementioned survey. IT BEING tIle sallie l-eal estate which Earl t4. Yohn and Connie lJ. YOllll, his wife, by deed dated September 7, 1995, and recorded in tlle Office of r~he Recorder of Deeds in and for Cumberland County, Penllsylvania, in Record Book 128, Page 199, granted' and conveyed to Earl ~1. Yohn. BEING FURTHER IDENTIFIED AS records of Cumberland Counl:y, TAX PARCEL #4608.0587-0091\ Pennsylvania. of tIte iJ\\~ : ; ~~:'\ilsyhmnia 1 s~; . '" C');'.\be(lcnd of Oeeus i:: riw office 10r the rec~rdlOg '\nd' Jtnk1erlilnd cou~tY.\u+iRa. .;':;.:,,~;::.-,:;,,~.,:,.,,;. "')'" ./ .", . L '. ,. , ./<C- ;; ,.,.,..' ,L.. '~;':'l , ) ",!.\'oC _Pag'6. (\:' .:.(';.~''4; (.'\;~.~H,{i...i.l~:l . .... , 'j . )'.J.. ,s:"",,~ \.;o}..l ~'.' ; \. Vi'l d,S\\~tof offlce 0 ", ~ (/., ,~;","11\;~T".':.!'>,,,!:?-(.,':,~,':,.J," : '. '.',!_' ~.' I ~;l of " .1(~ .' ,.-i'il'I':;:J.t~~jtH~~~:~/;::,F:1C:J!':,.. .' .l11~1 .. ':L':./: <L ',;;~'),.::\J ':"f":,'f,:''''}''::'!I,;.~d',: c..--; .J1"'jl,A.~}'\' .i'f,':'''''~/'''''~~~':-' Recorder ~ ~<~.!lj:1,),~'.f)~,~ii.'!1~S7,:t.: .~I;:(J-2'{ . . '"'I;" . ""~ ..;;....-..w 4 ~, .'1... '/ ~, ';.(lr.,i!g;:;t~'ttft)'f:(."'..d'T(V';:'l:li1~:'" I' ,', .<:ti,;"tr.r:r.-Jl,~,..)ft,of 1:t..;Q' f~ I ,1.~"...,...;!t;:;';:" ......q..l'"r;, ') 1." /1" 'I "l{: '~i:.-t}.:, '~,~I";~<;;;; ~.~~,~::. ,"~.:-/J 1I,.~:;'t'liir. ('....:':t ''''/J.t.,~,~,Jt-;' .:)P.... , "!J:\').:::/i:;if.lft~~/hi}~~..{r,r./ \"....1. .;'}:.:~l>:-;I ~ :~"" I~. ':" ~"i<-\:~(;.;lJ"~r;.'~;,:- ,.;.,-:.;,.r 1\ .U".".\!.."'l.........:.l~.~.:' 'i:~~r' ",' e:xhil>lt 1\ Rood353PAGE 98 ~\.,0 /' SAID IS, - SHUFF & Mi\,SLAND AT'TO(<NEYS.i\T.LAW' 26 W. High Str<<t ea..'Usle, P ^ ,. TO: EARL M. YORN 353 Crossroad School Road Newville, PAl 724 I DATE: March 01, 1999 FROM: TIfE FARMERS NATIONAL BANK ADDRESS OF PROPERTY: 353 Crossroad School Road Newville, PA 17241 NOTICE OF DEFAULT AND INTENT TO FORECLOSE This is a notice or default and of our intention to foreclose on your mortgage. Please read ALL of this notice. Your mortgage is in serious default due to non.payment of the installment due September IS, 1997 and subsequent monthly installments. The total amount of delinquency is presently $ 14,822.32, which includes all overdue monthly instaIIments of$ 786.33 and late charges of$ 39.32.: If any other installments or late charges become due at the time you attempt to cure this default, they will be added to the total amount due, YOU MAY CURE TIfEDEF AULT WITIllN TIllRTY (30) DAYS OF TIfE DATE OF TIllS LETTER BY PAYING TIfE AMOUNT OF $ 14,822.32, WHICH INCLUDE THE FOLLOWING: 1. ALL OVERDUE MONTHLY INSTALLi'vlENTS OI'S 786.33 2. ALL U1'<"PAID LATE CHARGES OF $ 668.38 3. PLUS ANY INSTALLi'vlENT OR LATE CHARGES 1RATBECOME DUE BEFORE WE RECEIVE PAYMENT. The foregoing payments must be paid in CASH, or CASHIER'S CHECK, or by CERTIFIED CHECK. Payment must be received at the office located at One Big Spring Avenue, Ne~lIe,PA 17241. IF WE DO NOT RECEIVE TIfE REQUIRED PAYMENTS within thirty (30) dayS of this notice, we may, wirhout any further notice to you, do any of the following: I. We may accelerate the maturity date of the mortgage and declare the FULL AMOUNT OF THE UNPAID PRINCIPAL BALANCE of the mortgage together with any other sums due under the mortgage to be immediately due and payable. 2. We may begin legal proceedings to FORECLOSE the Mortgage, which proceedings the Sheriff may sell your house. 3. We may take possession of your property and proceed to have ail of the occupants ejected from the property. . 4. We may sue you personally forthe unpaid principal balance and all other sums due under the tenns of the Mortgage. .- YOU MAY CURE THE DEFAULT and restore the mortgage to the same position as if the default had not occurted at any time at least one hour prior to the commencement of hid ding at the Sheriff Sale. The earliest date on which your property could be sold at Sheriff Sale is approximately three (3) months from now, depending on State and County foreclosure laws. A notice of the date of the sheriff Sale will be sent to you during the course of the foreclosure. EXHIBIT B SAlDIS, SHUFF:& MAS LAND ATIORNEYS-AT.tAW 26 W. High Street Carlisle, P A " WARNING: If you pay the amounts due more than thirty (30) days after the date of this notice, and we have referred this matter to our attorneys for legal action, you may have to pay, in addition to other amounts due, an attorney's fees up to $50.00 and the cost ofa tide search and report in order to cure the default. FURTHERMORE, if you paynotic"aiidour lav.yers have stiiited LEGAL PROCEEDINGS. you may have to pay additional FORECLOSURE EXPENSES, including court costs and attorneys fees that may exceed $50.00. ~ - " , . If you pay the amount due more than thirty (30) days after the date of this notice, you must contact the undersigned to determine the exact amount required to cure the default. Our telephone number is shown below. You also have the right to sell or transfer your property, subject to the terms of your mortgage, and the buyer will have the same right as you do tQ ctlre the default. You also have the right to refinance the mortgage with or obtain a new mortgage from, another bank or lender. Any sale, transfer, or refinance must be completed at least one hour prior to the commencement of bidding at the Sheriff Sale. You have the right to cure a default, after notice of default, only three (3) times in any calendar ](ear, If you have any questions, or do not understand any part of this notice, it is urgent that you call immediately. very. ,trulYY~~' ~"X":"".' ( ~'- /-, . ",' ><- 'x' "; ,'--.--\1 ,/ " ~/ Jomma 1. Deily, Esquire ' Attorney for Mortgagees SAIDIS, SHUff & 1:lASLAND 26 West High Street Carlisle, PA 17013 717.243,6222 SAID IS, SHUFF & MASLAND ATTORh"EYS.AT-l..\W ;26 W. High Street Carlisle, P A " .' IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY ASSISTANCE ACT OF 1983 PLEASE READ tms NOTICE. YOU MAYBE ELIGffiLE FOR FINANCIAL ASSrS'TA.l'rCE TOWARD YOuR MORTGAGE PAYMENTS Date: MARCH 01, ]999 Address: 353 Crossroad School Road NewviIIe, PA 17241 To: Earl M. Yohn From: The Farmers National Bank I I I I' ! I , I I II II -- YOUR MORTGAGErS IN SERIOUS DEFAULT because you have failed to pay promptly installments of principal and interest as requited for a period of at least sixty (60) days. The total amount of the delinquency is $ 14,822.32, That sum incIudes the following: September 15. 1997andsubsequent monthly installments of$ 786.33, and late charges of $ 668.32. Your mortgage is also in default for the foIlowing reasons: N/ A YOU MA Y13E EI.:IGIBLE FOR FINANCIAL ASSISTANCE THAT WILL PREVEm~FORJ::C:COSURE ON YOUR MORtGAGEifyo~ comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983 (the "ACT"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. PLEASE READ ALL OF THIS NOTICE. -IT cmrr' AINS AN EXPLANATION OF YOUR RIGHTS. Under the Act, youare entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you have the right to arrange a "face to face" meetirig wIth a representative oftlUs lender, or with ~ designated consumer credit counselirrg agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. THAT MEETING MUST OCCUR IN TIIE NEXT THrRTY (30) DAYS. If you attend the face to face meeting with this lender, or with consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. EIH~BIT C SAIDIS, SHUFF & MASLAND ATTOR."ffi'lS-AT.u\W 26 W. High Strei!:t Carlisie. PA , I II i I I I I I .' The name, address. and telephone number of our representative is: James E;'Showvaker The Farmers National Bank One Big Spring Avenue Newville, PA 1724] 7177765312 The name(s) and addresses of (a) designated consumer credit agency counseling agency (ies) is (are): SEE ATTACirEDLIST. It is only necessary to schedule one face to face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem after or your face to face meeting, you have the right to apply for fmancial assistance from Homeowner's Emergency Mortgage Assistance Fund. In order to do this you must fIll out, sign and fIle a completed Homeowner's Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency wiII assist you in filling out your application. IT MUST BE FILED OR POSTMARKEDWUH.lI'I THIRTY (30) DAYS OF YOUR FACE TO FACE MEETING. You must either mail your application to the Pennsylvania Housing Finance Agency, or Iyoumust file it atthe office of one of the designated consumer credit counseling agencies listed above. The Pennsylvania Housing Fimii1ce Agency is located at: 210 1 North Front Street, P. O. Box 8029, Harrisburg, PA 17105. Telephone number (717) 730 - 3800 or] .800- 342 . 2391 (toll free number). An application for assistance may be obtained from this lender, from the consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. IT IS EXTREMELY !J.'\1PORTANT THAT YOU FILE YOUR APPLICA nON PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIOD SET FORTH IN THIS LETTER,. , FORECLOSlJRE MAY PROCEED AGAINST YOUR HOI\-lE IM:M:EDIA TEL Y. Available funds for emergency mortgage assistance are veJjr limited. They wiII be disbursed by the agency under the eligibility criteria established by the Act. SAlOIS, 3HUFF & MASLAND ATIORNEYS.AT.L\W 26 W. High Street Carlisle. P A '. IT IS EXTREl'vfEL Y llv1PORTANT THAT YOUR APPLICATION IS ACCURATE AND C01vlPLETE IN EVERY RESPECT. Thecounse]ing agency will help you to fiIl out the application. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. Dwing that additional time, no foreclosure proceedings wiII be pursued against you if you have met the time requirement set forth above. You wiIl be notified directly by that Agency of its decision on your application. . In addition, you wJ1l receive another notice from this lender under Act 6 of 1974. That notice is caIled "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you have under the Pennsylvania Law. However, if you choose to exerciseyournghts described in this notice, we carmot foreclose upon you dwing that time. Also, if you receive financial assistance from the Pennsylvania Housing Financing Agency, youi home cannot be foreclosed upon while you are receiving that assistance. . Very truly ~our~, ../ /? ,. --' ,7) ~ .../, .....-:., /,,: ..--~- Jo --- 1. Dei1/,' Esquire Att rney for Mortgagees SAIDIS, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 7]7 - 243 - 6222 SAIDIS; SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A , . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM ]fORECLOSURE The Commonwealth ofPennsy]vania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at ] - 800 - 342 - 2397. La notification en ad junto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa Si no comprende el contenido de esta notificacion obtenga una lraduccion immediatemente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos aI numero mencionado arriba Puedes ser e]egible para un prestamo por el programa lIamado "homeowner's Emergency Mortgage Assistance Program" el cual puede salvar sucasa de la perdida del derecho a redimir su hipoteca. . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE The Commonwealth of Perm sylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the attached notice to find out how the program works. If you need more information call the Pennsylvania Housing fi'inance Agency at 1(800) 342-2397 LANOT]F!CACION EC'-i ADJl..TNTO ES[)E SUMA lMPORTANCIA. PUES .-'...Ff:CTA SU DERECHO .-\ CONTf.\!UAR VIVlf:NDO EN SU CASA. S1;\10 COMPRENDE EL CONTENfDO DE .CSTA :;rO'fIFICACION OSTtc"\.;GA UNA TRADUCCI0]\: [NMEDIA T AMENTE.' LLA~[ANDO ESTA AGENCI..\ I PE1'<'NSYf. \' ANIA HOUSrNG FINANCE AGE:--ICY) SiN CARObS AL NUMERO MENCIONADb .-\RRlBA. PUEDES$ER ELEGIBLE PAR.AL';{ PRESiAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY \.fORTG.-\GE.-\SSISiANCE PROGRAtvj" ~E-LCU:-\L PUEDE SAL VAR SC CASA DE LA PERDIO.-\ DEL DERECHO A REDIMIR SU HIPOTEC-\. CRA WFORD COlJNTY Booker T. Washington Center 1720 Holland Street Erie. P A 16503 (814) 453-5744 FAX # (814) 453'5749 Greater Erie Community Action Committee 18 West 9TH Street Erie. PA 16501 (814) 459-4581 FAX # (814) 456-0161 john F. Kennedy Center. Inc. 2021 East 20th Street Erie. Pennsylvania 16510 (814) 898-0400 . FAX # (814) 898-1243 Shenango VaHey Urban League. Inc. 601 Indiana Avenue Farrell. PA 16121 (412) 981-5310 CTJMllERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania. Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro. PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg. PA 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 30 I G Street Drlisle. P!\ 17013 1717) 243-3818 FAX ~ 17171243-3948 . The Pennsylvania Housmg Fin<lnce Agency c::J.n be re:J.ched rOLL FREE:1t USOO) 3~1.:397. . . C;; SENDER: 't::I' . Complete items T and/or 2 for additional services. Iii . Complete items 3, 4a. and 4b. IV . Pnnt your name and address on the reverse of this form so that we can return this ~ ~W~u. - '- > I!I Attach this form 10 Uie front of the rnai1piece, or on Ule back if space does not e . e:g~it;'Return Rece~t Request;;' 00 the mallpiece below the article number. ~ . The Return Receipt will show to whom the article was delivered and the date - de!fvered. a -3. ,A:tffcle Addressed to: " " ;; C. E o Q ~ I 6. I also wish to receive the following services (for an extra fee): 1 . 0 Address,ee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number ~Certifle..<:I o Jnsured o GOD .,; Q " ~ Ul a " u " a: E " ;; a: '" c ;; " ,g " o ,.. '" c " .c .... EA-1F2L M Ya8\'l 35'3 tR.O::;,s~Al) ~C.HQ:)L RA-D ~lftL..LE.. "R \724\ ZO\3 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise 7. Date of Delive1JL. ~"\ ~ 3-;:<. -, / 8. Addressee's Address -(Only if requested and fee is paid) 2. 56~ 5. Received By: (Print Name) ~ " o ,.. .!!! 10259'."-8"22' Domestic Return Receipt -I PS Farr1l"3806,..p.,pril1995 il' if ~ " ~ a ~ ;; ~. "- ;;; . "- [ ~ .. i!. !I . ~ " .. " ~ ". . " .!; . . -< ii' ~ g '- ... ... yJ - - r-J :p 0'1 0 (Jl Ol)1 d'~ ~l3'8':tl5i ~t)...e =::l5'~""tl ;~N'dm1to !i~! N ......1>> 0 (tI CD 0 -CD ... ....-to< '-------' r- '1 r 3" '?5 C) _. c- r-:: V> ro ~ -c 2 w f1'~ %1 :s: ~.2l Q &.~ o.d)':':; v ~~= V2<ii:~.~ p 0 "",<l> z :r::=~Q. :::]8 g;'s: N r Z:" ll> +> ~ <il = ;; " v '" UJ ~ ru tn <r a: i . ... PENNSYLVANIA HOUSING FINANCE AGENCY' , Homeowners' Emergency Mortgage A8Sistance Loan Program Paym"nls Generallnjormatlon (717) 780-3940 CurresDondence 2101 North Front Street GeneralInformation 1-800-342-2397 2101 North Front Street P.O. Box 15206 TDD 1# For Hearing Impaired (717) 780-1869 P.O.8ox 15530 Hanisblll"g, FA 17105-520(j FAX II (717) 780-3995 Harrisburg, PA 17105-5530 6/09/1999 THE FARMERS NATIONAL BANK- JAMES SHOWVAKER PO BOX 156 1 W BIG SPRING AVE NEWVILLE, PA. ~7241 SUBJEC1', EARL M YOHN 353 CROSSROADS SCHOOL RD NEWVILLE, PA. 17241 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 1983, 35 P.S. Section 168.401-C et seq. and/or Agency Guideline6 12 PA Code Section 31.201 ee' aeq. far the Eollow~ng reaoon4: PELETED IN LENDE~'S COPY You ~ay be_entitled to an appeal hear1ns if you d1sag~ee ~ith our decision_ We must rece.ive a wr1t.ten reques-t- for a hearing withi.n 15 days of the postmark da.te of th:i::J letter. (Appea.l request.s must be in wri.ting; a verbal request :1s not a.cceptable). The hearing, ra..ay be eonductad by a telephone confllrance c.all; 'thill'refore7 you muat inclurlB your telephone number. Requests for hearingQ mu~t 8tata the re8~on(B) that a hear20g io requeBtad and mU8t be sent firat cla8~, r8gi8ter~d or certified mail to: Ch~ef Counsel. Hearing Request, PHFA/HEMAP, 210L North Front Street, P.O. ~ox 15628, Harrisburg, Penn8ylvan~a, 171Q5-5628. The Agency w111 attempt to schedul~ the hearing within thirt1 (.30) days after the request is received. When send'ing your appeal, -pleEise be sure t.o print your name lag.:fhly and 1.nclude YO\i.r 80c1a1 6ec'Ur!.ty numbe.r. You have a right to be r~presented by an attornQY in connection with your appeal. If you_cannot afford an attorney yo~ m~y be eligible for Legal Servicee repreaen~$t~on. You can cont:act a L~gal Services represei1t:at-.1va th;r:ough the follow:f.ng toll free n~er' 1-800-732.3545. Please be awarB that scheduling an apPQal he4r~ng doe a not necQssarily stay foreclosure procQed~n88. DISCLOSURE OF USE or INFORMATION QBTAINED FROM OUTSIDE SOURCE: I._Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohib~ts creditors from discriminating against crodit applicants on the basis of r~ca, colo~, rel~g~on, nat~onal or~&in, sex, marital status, age {provided that: ths appli.ca.nc has the capac;i.ty to ent0~ :into a. binding contract); because all or part of the "pplicant'lJ income derive.. frOtll any public assistance program; - or beca.use the .app~j,canc has in good fs.:it:h 2-x.erc:!.sad ..any risht under the Consumer Credit Protection Act. The Federal Agency that administers compliance ~ith this law concern~ng this c~aditor 1& the FBderal Trade Comm1aBion~ Equal Credit Opportunity, Washington,~D.C. ThQ Pennsylvania Housing F~nance Agency EXHIB\T D .. c ..... " 0 C> C .= ~ s:: -no:.1 :3: :~ [ m SErT! :> (u .X :::0 1+-<;1 ::n \i- lK &it;.,. N -::-rn -=<7: '" -~c> -D.~ r::d OJ.. ~ -c -~'.ICJ @ oJ ...0 m .;-" o. ::x ;r:=B 20 :;-)- ~ 00 0 5>c r.:: 2:0 .J ~ om LY 15- <=> >- -..l :5l 1- SHERI FF 'S RETURN . REGULAR CASE NO: 2000-01741 P COMMONWEALTH OF pE1JNSYLVAN1A: COUNTY OF CUMBERLAND FARMERS NATIONAL BANK NEWVILLE VS YOHN EARL M CHRISTOPHER EVANS _, Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAI&T . MORT FORE was served upon YDHN EARL M the DEFENDANT , at OO~3:42 HOURS, on the 24th day of March , 2000 at 353 CROSSROADS SCHOOL.RQ1ill NEWVILLE, PA 17241 by handing to EARL YOHN a true and attested copy of COMPLAINT cMORT FORE . together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.58 .00 10.00 ,00 33.58 So Answers: r~~! R. Thomas Kline me this /0 e day of 03/27/2000 SAWIS, s;!3lrr.-MA,S,~~. .. BY:ud~ . Deputy She i f Sworn and Subscribed to before LV':?' A.D. qUd. () /1,,/;,., ~.~".. 'Prothonotary' SAlOIS, SHURF & MASLAND ATl'ORNEVS_AT.LAW 26 W. High Street Carlisle~ P A " THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff . v. NO.: 2000-1741 CIVIL ACTION - LAW EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE 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 one hundred sixteen thousand five hundred twenty-five and 95/100 ($116,525.95) Dollars, plus Interest at $23.19 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Defauit pursuant to Rule 237.1 was mailed U. S First Class mail postage prepaid and is attached hereto as Exhibit "N'. Respectfully submitted, SAlOIS, SHUFF & MASLAND Dated 8" 7' (/V Prothonotary AND NOW, this!). day of ~ 2000, a default judgment has been entered in the amount of one hundred sixteen thousano five hundred twenty-five and 95/100 ($116,525.95) Dollars, plus Interest at d costs and for foreclosure and sale of the mortgaged premises. 0 0 ' . c c:> -n ~~ """ ", -0(1':; ~ rntf, G"i ''';';',':': --;7:"1'" ;~ ;;?C"" i N --}.......' ~~: ,-'" 1. . ~ \.-' <;;;::C -0 <~~ f, 2?c, ::r:; bl1 '2 :5~n J7C: -"-' ~ :.:1 2; C> ~ , " " ,+ .' THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO.: 2000-1741 CIVIL ACTION - LAW EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE TO: Earl M. Yohn 353 Crossroads School Road Newville PA 17241 DATE OF NOTICE: April 19, 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 OFF1CE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ,~~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 66 Recei\ U,S, POSTA 'fRVICE CERTIFICATE OF MAl G MAY BE USED, FOA DOMESTIC AND INTERNA rlONAL MAIL, DOES NOT PROVIDE FOR fN'SURANCE-POSTMASTER' . SAlOIS, SHUFF & MASLAND -26 West High Street Caliisle PA 17013.2956 One piece of ordinary mail addressed to: Earl M. Yohn - 353 Crossroads School Road Newville PA 17241 ............... PS FOI7T1 38'} ;l..--Mor. '1.989 By: a J. 0 i1y, Esq e I 3147 Attorney for the Plaintiff SAlOIS, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS, SHUFF & MASLAND ATIORNEVS.AT.UW 26 W. High Street Carlisle. PA THE FARMERS NATIONAL BANK OF NEWVILLE Plaintiff v. EARL M. YOHN Defendant TO: Earl M. Yohn 353 Crossroads School Road Newville PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2000-1741 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE You are hereby notified that on 2000, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper per80n to receive this notice is: Earl M. Yohn 353 Crossroads School Road Newville PA 17241 SAlOIS, :HUFF & MAS LAND ATIORNEYS-AT.{.A.W 26 W. High Street Carlisle, P A ~ fNRE: YOHN, EARL M. Soc. Sec. 169-44-5591 YOHN, CONNIE J. Soc. See, 168-48-3528 Debtor(s) Rr;G~lVeo JUt 2 8 _ IN THE UNITED STATES BANKRUPTCY COURT FOR THE EAS.TERN DISTRICT OF PENNSYL VANIA ""'1"'\ Harrisburg, PA \ FiL!:.:lJ TIME. "",M.' P.M. JUL 27 2000 BahkruptcyNo 00-01874RJW-l \ Clerk, U.S. San ruptcy Court Deputy dB ,ter 7 ~ ORDER AND NOW, this "d-\ day of ,~~ ., ~ Certificate of No Response, ,2000, in consideration of the attached IT IS HEREBY ORDERED Ai'll) DIRECTED that the Automatic Stay as it applies to Movant The Farmers national Bank of Newville, PO Box 156, One Big Spring Avenue, Newville, PA 17241 shall be lifted so that Movant is free to proceed with its remedies outside of the protection of the Bankruptcy Court, including but not limited to foreclosing on the property known as 353-Crossroads School Road, Newville, PA 17241. This Order shall survive any subsequent Bankruptcy filings.. BY THE COURT: ;~ lnnert 1 W~sW. The Honorable CHIEF BANKRUPTCY JUDGE ~' r::c:, .t\:-~ :B9-.; LNG' -0-..(:::::: --..J. -c .~ ~ ~ ~ D ~ ~ ~ ~ ""- ...., I .. ("') (,~ (') C' ~:::" >-;-1 ~. .,.". , -SU. '- -';;.:-:1 rn::i'; :;? :~ -7 '.,- ! ZC-' -.j',.... ~~ f'0 :-:~O r:,t::.: -C 'S:tl <: ""c - -'-;:.t..J Z --: 3m .c_["') t.:? ;p- -i C ~ r..n ~ ...." ,;::, SAlOIS, SHUFF & MASLAND ATIORNEYS-AT-UW 26 W. High Street Carlisle, PA THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 CIVIL ACTION. LAW EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE 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 of the Legal description on the date and time reflected on the Certificate of Mailing: Earl M. yohn 353 Crossroad School Road Newville PA 17241 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 Concord Financial Services Inc PO Box 002 Melville NY 11747-9002 Penna. Power & Light Co. 1801 Brookwood Street Harrisburg P A 17015 Dated: August 17,2000 BY:J~' SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 ID #53147 THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS~ CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff V. NO.: 2000-1741 CIVIL ACTION - LAW (iffix fe:-~eT~slmps ')Jr matln! poStsm and " post mark.,1'~r e of Po.;;tmastej. tOi~s rrent ~K<l.~";:::-=J.~ e..,.I"""~l"'~~ Law Offices ~~~~'~:a 'i Saidis, Shuff, Flower & Lindsay '=''';;';';>"",$ '~ ~~li~:~:~g~~~_~~t56,,~~ ~it~~~~~ On. pi.= of o,d'no", m.i1 .dd,,,,,d to' ~ ~' .z:.' ~ "'.~ g I c-. Il~1 'f,"'-I' :g; - = t I ;;: I -=- I ','... 'J-r~~ ::.::' _',G I. C' C' .'~ :p \. ~'I .I:;:' m I ' . i Northwest D .~,/ .~/...::.. 't-It.-'\"..:.l-""Jt.*j.~*-- 4813 Jonestown Road SUite 1 '-'~O ~, Harrisburg P A 17109 _ -.:::.... ;..........'''';'!:'''...,':..,....!"....''..... . or mater po.~"1!1e and J)..ost maf.ky ~lire af PAi:.~~4urrent ;J~Z~\"f.!l '3?,;a~~::"'i.'j~ ~' -" ~~-"'''~~ f'- -;::;;~~..db~;~l' \1;\ iii ;~gl ~ ,,:' ~ .1'11 .,../ ' :~: '7' ih-l : J:! = ~~1 c 1';)\ , -f -=..... :::<;0- ;.r! 1 ""'=l;-.! c:; 1>4 ' I "Il Cumberland County Tax Claim _ eau ~:; .'-" -- .~--..o '1'J ~"'f.;.{';;l-'!.- Cumb<:rlar:d County CourthoUSe.('>~,~,. ' ~ One CourthouseSquare ~ Carlisle PA 17013 ',', - EARL M. YOHN ! U.S. POSTAL SERVICE CERTIFICATE OF MAILINQ MAY BE USED FOR O.oMEST1C ANO '~TERNAT10NAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ""'u Received Fro' 1 PS Form 3817, Mar. 1989 U,5, POSTAL 'RVIC CERTIFICATE OF MAILING MAY BE USEe FOR DOMi$TIC AND INTERNATIONAL MAll, DOES NOT PROViDE FOR INSURANCE-POSTMASTER Received Frot Law Offices . Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013.2956. One piece of ordinary mail addres$8d to: ~ PS Form 3817, Mar. 198'9 u,s.;;O$~~LSERvicr--CERTIFICATE OF MAIUN 'l MAY BE' USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOes NOT PROVIDE FOR INSURANCE POSTMASTER Received Fr Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carfisle PA 17013-2956 -f'\~ One pIece of ordinary mail addressed to: ~/ , -.:{=. ~ - Farm,e,rs, National Bank of Newville ":\ ~ " ' PO Box 156 ~ , .~~_ - One Big-Spi"ing Avenue , ~,>,':;:' _ Newville PA 17241 ,:'_' I PS Fo,m 3S17. Ma,. 1989 . --..-- , 7'ttlX t~,'e here..ln,' ~tamps -..or meter po"staqe and . post ritar~":~~lre of ~pstmast~r.. urraot -'.~':", ';,~-;',,~ -",," ",,,,,.;.., ~,~~~~~~{ j .'.:;i'r:r::;;:1~ ~ -- ~.-~;;j1!,C~ !=l' III i3Q .'f) II -o-t 0 I 0." cr-- lll~ ~1] ~ t ry;:p; III p, ''*If**.=llt*..lP*''' /' THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff v. NO.: 2000-1741 CIVIL ACTION - LAW EARL M. YOHN Defendant IN MORTGAGE FORECLOSURE { e 'Il~. t Mfix faanere ip"St rnps . 0?- mete~ pos and 'post ~k,AQ . a of p~astep.J -' rent f,~."'~' -1;;.~ -. ..".,..",,~.:~ '-,..,.~"':o~" ~V~ :;';.:;;ty;c...~~t. ~ . '-~~lt~,t'~~ ~ :,";;j-~~~1~1'\Q~' .",.,1 . ~'i;;~ ;=, I. t:;I' l'~ f.,?' '7'.r' 'I ~l -:::'1 (I! C): ," l ~_.:..:......J,l ,,"~>>lli''''':''~~'O)o~=t'.. U.S. POSTAL SERVICE CERTIFICATE OF MAILING :-.J..:Affix~herel MAY BE USED FOR DOMESTIC, AND INTERNATIONAL fliAll,'OOES NOT "......or mater por;.: PROVIDE FOR INSURA.NCE-POSTMASTER past ma.rk~ ( P:~l~t~~f~ Received Fr ~~~t~f~ Law Offices Said is, Shuff, Flower & Lindsay 26 West High Street !;; I ill ! Carlisle PA 17013-2956 I ~~ ..". 0 I One piece of ordinary mail addressed to: /,,1"'/_. ,. 01 cr- t '. ",. ( ~.~ ::11 0- -,.-~~ ,.~l . """": ~-. .:=0 .,"",1 iil Northwest COC , :"' ,"'" I - 4813 Jonestown Road Suite 107 y, --".. ,*~.",';'**"'4-:J."", _ Harrisburg PA 17109 . ,~~--- U,S, PO<TAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC A.ND INTERNATIONAL MAIL, Does NOT PROVIDE FOR INSURANC.S-POSTMASTEfI. Received Fror Law Offices -- , Said is, Shuff, Flower & Lindsay , , 26 West High Street I Carlisle PA 17013-2956 \ ,~ ! I One piece of ordinary mail addressed to: -,.~"\i '.', '\. 1 "-eo'" , \' ,~ . . ; \!.i' .:::.:::).-.- c:::.~.L::: i Penna. Power & Light Co '0"1 ~0 .~_~/.~1 1801 Brookwood Street '........'\. .-.::; , Harrisburg PA 17105 .''-~/ -.- .. .. . \PS Form 3817. Mar. 1989 __ , U,S, POSTAL SERVICE CERTl I ATE OF MAILING MAY BE USED FOR DOMESTIC 'A'ND IN-TERNATlONAL MAIL, DOES NOT PROVIDE FOR ,"'0::1 fI:l4r.J(";l=-POSTMASTER Received Frc Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street,,~. .. Carlisle PA 17013-2956 ..-" ~ i3 One piece of ordinary mail addressed tQ~ /~~,. Earl M YOhn. t;( ~.::; ~ ' 353 Crossroads,School Road \;"~T' Newville PA 17241. . . ~ ......,. ,....,._- l PS Form 3817, Mar. 1989 j I ! PS Form 3S17, Mo.. 19S9 . AIM'lX 1"ee..nere nTS'Q:lmps Or mete'!: p~p~ and post mark..'ii1:Quie of p"ostm, aste~ u(1\~~rrent ~ ...-/~' f~rt~ ,:... ..,.,..0 'A :-;-,..:;.f..: ,~,R~st,~'tI ,Ii .~.: ~8~~~t,~~ ~ "-::-:-;~~'f;.:,,-;.-:;l ~ ~-",=,.:;;,,""",. ',"~' Io-..~,-.;-",,~.tl;ii" i 0::;1 ill '!ij ) i" i I' i~:' ~ f1 i g.l c-. \ II ,>: ,-- It: \~:, ;tU l. __ ...,.-..l..,:l;t'~'n"l"~"~~""'" -n ~amps iita~e and I'lIjliire of i,qurrent ~ ~1 lU t~ ** THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 Civil Term EARL M. YOHN CIVIL ACTION. Law MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Farmers National Bank of Newville, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was tiled the following information concerning the real property consisting of one tract of land situate in West Pennsboro TOWl1Ship, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. 1. Name and address of owners or reputed owners: Earl M. Yohn 353 Crossroad School Road Newville PA 17241 2. Name and address of defendants in the judgment: Earl M. Yohn 353 Crossroad School Road Newville PA 17241 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the reai property to be sord: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 . Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 1 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 5. Name and address of every other person who has any record lien on the property: Concord Financial Services, Inc PO Box 9002 Melville, NY 11747.9002 Penna. Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17015 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. Deijy, 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 unswom falsification to authorities. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: By: Johnna J. Deily, Esquire Supreme Court 10 #53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 2 LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, dated September 24, 1971, and revised October 20, 1972, as follows: BEGINNING at a spike in the center line of Township Road 438 said road being the public road leading from Greason to the Carlisle-Newville Road and Crossroad School, said point being also at the comer of lands now or formerly of Harold G. Jones and which point is 140 feet south from the corner of lands of the Cumberland Valley Railroad Company, and property now or formerly of Mervin Yinger; thence North 15 degrees 10 minutes West 140 feetJo a stake at the corner of lands of the said Cumberland Valley Railroad Company and property now or formerly of Mervin Yinger, thence along lands now or formerly of Mervin Yinger North 69 degrees. 17 minutes, 5 seconds East 316.31 feet to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lands now or formerly of Albert Watson; thence South 68 degrees 50 minutes Wet 175.70 feet to a post; thence South 19 degrees 25 minutes East 30 feet to a stake at corner of lands now or formerly of Harold Jones; thence along lands now or formerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by Ronald L. Jones, et ux, along the southern boundary line of the aforesaid property and under and subject to building lines and the right of way lines of Township Road 438 as set forth in the aforementioned survey. IT BEING the same real estate which Earl M. Yohn and Connie J. Yohn, by their deed dated September 7th, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in RecordBook 128, Page 199, granted and conveyed unto Earl M. Yohn, grantor her~jn. BEING SOLD AS THE PROPERTY OF EARL M. YOHN, CUMBERLAND COUNTY NUMBER 2000-1741 CIVIL ACTION TAX ID #46.08-0587.009A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 EARL M. YOHN 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: ..On 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 West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to The Farmers National Bank of Newville. v. Earl M. Yohn, No. 2000.1741 for $116,525.95, plus interest from March 15, 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Earl M. Yohn 353 Crossroa-d School Road Newville, PA 17241 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 exarnple, 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 sorneone objects by filing exceptions to it within ten (10) days of the date it is filed. Inforrnation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Cornrnon 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 rnay 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 Cornmon Pleas of the within County to open the judgrnent if you have a rneritorious defense against the person or cornpany 2 that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defectin the obiigation or the procedure used against you. 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. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: By: Johnna J. Deily, Esquire Supreme Court ID#53147 26 West High Street Cariisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 200001741 Civii Term EARL M. YOHN 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 EAR M. YOHN. Earl M. yohn 353 Crossroad School Road Newville PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 Concord Financial Services Inc PO Box 002 Melville NY 11747.9002 Penna. Power & Light Co. 1801 Brookwood Street Harrisburg PA 17015 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 1 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 The Farmers National Bank of Newville v. Earl M. Yohn, No.2000.1741 in the amount of $116,525.95 plus interest from March 15th, 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Earl M. Yohn, known as that tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. 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: By: Johnna J. Deily, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243.6222 Attorney for Plaintiff Attorney I.D. 53147 2 0 c:::: ") C C .." S ". .--! -on.i c '-:l;:.g ~O 17> . .,',1 .',..l:J:! ZI.- <::0 '~ ~~'~ :-:i~~~ !:2 CJ ~ )>0 R5 ;f;C} '2 01n PC s;J Z .....;., ~ m ~ .. PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WRIT NO. Plaintiff NO. 200n-1741 Civil Term v. EARL M. YOHN AMOUNT DUE: $116,525.95 INTEREST AT $23.19 per Diem FROM 03/15/2000, thru Date of Sale AllY COMM.: $4,450.00 COSTS: TO BE ADDED Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: Earl M. Yohn, 353 Crossroads School road, Newville, PA 17241. (3) and against the following Gam.ishees: N/A (4) and index this writ (a) Eari M. Yohn, 353 Crossroads School road, Newville, PA 17241 (b) against N/A Garnishee(s), as a iis 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 anti numbered as 106 maple Drive, Mechanicsburg, PA 17055.. (5) Exemption has (not) been waived. Dated: ?, -/5-(fi) By~ . ,Esquire upreme urt ID #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff . '. 0 C> 0 C 0 -r1 s:: ~ .o~l -cff.'}J ,- ?;,-r" n'lr-;fil m '.-- Z-~ -~ ::p:.J j5t:; ...... ~l -,<2 '::JQ <;<0 "'" ~c: 3:: ry~~ ~a ---0 '? bl"fl PC ~ 7" ~ - ~ r-o ~ SAIDIS, SHUFF & MAS LAND ATrORNEvs.EeUW 26 W. mgh Street Carlisle. P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 Civil Term EARL M. YOHN CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 The Farmers National Bank of Newville, 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 West Pennsboro Township, Cumberland County, Pennsylvania. known and numbered as 353 Crossroad School Road, Newville, PA 17241. 1. Name and address of owners or reputed owners: Earl M. Yohn 353 Crossr~ad School Road Newville PA 17241 2. Name and address of defendants in the judgment: Earl M. Ybhn 353 Crossroad School.Road Newville PA 17241 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: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 1 () 0 0 c: C> -;-1 ;;;:: >:> _I -Om c= ~;J nl[T! = Z:Tj ';!'::J :Z:C;:' ,,- 0; > -.J ~.~} ~~ --<2: kO := 0'1 ~o = ~() -0 '? Om PC ..; Z '" 35 =<! f'V '< SAlOIS, SHUF-F & MASLAND A'lTORNEYS_...,.TeLAW 26 W. HJgh Street Carlisle, P A 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 5. Name and address of every other person who has any record lien onthe property: Concord Financial Services, Inc PO Box 9002 Melville, NY 11747-9002 Penna. Power & Light Co. 1801 Bmokwood Street Harrisburg, PA 17015 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: 6 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, attomey fDr 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: 9-iS.VD By: J aJ. y, Es ire Supreme Court ID 3147 26 West High Street Carlisle, PA 17013 Telephone; (717) 243-6222 Attorneys for Plaintiff 2 0 CJ <;?, c.: c:> $: ".. ~~~? -ern c: ~S; G1 :z:r;:, --.J :~~('J 5Q~ ..):, ..... ~c:= ~ '.T.: ::H :z.o Qt-, -0 <2 t::{n PC ~ ~ N ?5 fv -< SAIDIS, SHUFF & MAS LAND A'ITORNEYS-,n-U1V 26 W. High Street Carlisle. P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 Civil Term EARL M. YOHN 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 EAR M. YOHN. Earl M. yohn 353 Crossroad School Road Newville PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 Concord Financial Services Inc PO Box 002 Melville NY 11747-9002 Penna. Power & Light Co. 1801 Brookwood Street Harrisburg PA 17015 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 1 0 0 C) C 0 '''1 s:: ". ..-< -00: c:: -r -.,o,~ ~.'1 ~LP c;') r- ."~ ',:~rJ :z:r,:;: ....... (jJ.....;. ::.) L --=<-'-. .,..;CJ r:: r-j "". -to.l'l ;<-- i5:::J >'r-, :::;;: -'70 Z..... is CSrn -0 PC -, ~ <'V :l' r" ~ SAIDIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A 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 The Farmers National Bank of Newville v. Earl M. Yohn, NO.2000.1741 in the amount of $116,525.95 plus interest from March 15th, 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberiand County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Earl M. Yohn, known as that tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. 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: S . Is . IT1.> By: John SAI , SHUFF, OWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243.6222 Attorney for Plaintiff Attorney I.D. 53147 2 0 (.,"J ,.C) C 0 ." ~ ",. ';~.n ;:RtD C n f1) G':l ,11;:;.= 2::1.'3 ]g iJ5r" ~."'" -.l -".) .' r._.. -<:..:.:.- ;<0 J> ;..,...",; 6~ ~C) ~ z' -0 S' 0' )>c: ?i z "V ~ r" -< SAIDIS, SHUFF & MASLAND ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 EARL M. YOHN 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 West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to The Farmers National Bank of Newville. v. Earl M. Yohn, No. 2000.1741 for $116,525.95, plus interest from March 15, 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 () a ,~ a ".-' c ""n ;;::: ~ ," "'Urn .,. iT'lIT'; in 'MJ1 2::\:; 0~ z- CIJ~ -.l .~,r =<~c :....:t~ ~L; := ::r:-+t ~o :::r Q?) 5>-0 '2 om c:: '-~l z '" :> =< ;Xl N -< SAlOIS, SHUFF & MASLAND A'ITORNEYS-AT.U.W 26 W. High Street Carlisle, P A THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Earl M. Yohn 353 Crossroad School Road Newville, PA 17241 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 2 g 0 (") = ^D s: ". ., -oV'J c:: ~:D mfll GO Z::U . 'C ..,"I :z:r:;;: .....J ::ji ~~:: ~CJ "'" ~~z~ '50 :r 2:0 is ~tTl Pc: ~ ~ "" '"", Tv ~ SAID IS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE F]LED 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: ~. IS --co By: Joh a J. ily, squire Supreme Court 10#53147 26 West High Street Carlisle, PA 17013 Telephone: (717) 243.6222 Attorneys for Plaintiff 3 2 ;::: -om nlrn z::r:: z<;:;: W~" '::"::-..t_ ~o ~o J;2 :z: :<: = c:> ~ n "n , , ~~.~\ ~'1 -::;~ ',',v ""'c' .~~ ..:J 6~ Z,D"1 S ~ ~ 6 --' ;po ::;::: S' "" r...;. LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, dated September 24, 1971, and revised October 20, 1972, asfollows: BEGINNING at a spike in the center line of Township Road 438 said road being the public road leading from Greason to the Carlisle-Newville Road and Crossroad School, said point being also at the corner of lands now or formerly of Harold G. Jones and which point is 140 feet south from the corner of lands of the Cumberland Valley Railroad Company, and property now or formerly of Mervin Yinger; thence North 15 degrees 10 minutes West 140 feet to a stake at the corner of lands of the said Cumberland Valley Railroad Company and property now or formerly of Mervin Yinger, thence along lands now or formerly of Mervin Yinger North 69 degrees. 17 minutes, 5 seconds East 316.31 feet to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lands now or formerly of Albert Watson; thence South 68 degrees 50 minutes Wet 175.70 feet to a post; thence South 19 degrees 25 minutes East 30 feet to a stake at corner of lands now or formerly of Harold Jones; thence along lands now or formerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by Ronald L. Jones, et ux, along the southern boundary line of the aforesaid property and under and subject to building lines and the right of way lines of Township Road 438 as set forth in the aforementioned survey. IT BEING the same real estate which Earl M. Yohn and Connie J. Yohn, by their deed dated September 7th, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 128, Page 199, granted and conveyed unto Earl M. Yohn, grantor herein. BEING SOLD AS THE PROPERTY OF EARL M. YOHN, CUMBERLAND COUNTY NUMBER 2000-1741 CIVIL ACTION TAX ID #46-0S-0587-009A 7\l\":::) >&- :;r<:::~ -Z~ -0 .......r -.,-J -1 - cog It? . , !V ~ i6 - \.)J~ ( h- 4: SO)U (>) 0il yr ~ (g '0 -~"(v.,,!" % c/.) G' CA ,. ,'9> ~ ~ o :n ,8 s:: ;:RCf:> z[f; z'" (I)~ -<~ ~c> ~c :;;0 c: ~ a o ~ ~~ (""i "I; -j -' ". ~ ~-, . '" "';~ :"'''-j ,1..: -'" :J> :h +.-.:) :~'I": ;:t; :1J -< = "-> "" -", STATE OF PENNSYLYANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ______________________________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which uuuu__uu._ Farmers National Bank of Newville ___________________________"'"'-_____,...___________ ___________________________________ is the grantee the same having been sold to said grantee on the u___uE?!O.u.u__.u._uuuu_______uu.uu day of DECember xx2000 ______________________________________ A. D., 19________, under and by virtue of a wriL_____________ Execution 17th _ _____ __,______....__________________....__~~"..______ issued on th.e ______ _ ____ ___.,-.___ __ _______ ____ ____ ___ August xx2000 day of __uu.___.______._._.___. A. D., 19uu.., out of the Court of Cornman Pleas of said County as of Civil xx2000 ......_...._.._...._._______._________.__._.__ __m__.______________ llenn, 19..._... Number 1J.1L____, at the suit of m~~.r:':l~!.~_~~.!.~__!.3.~12~_.?L~.e_~~J}_'O._________.________.__. _ _______ _____ ________ ____________ __ againsL__ _ _~@-!}__~_.x.Ql}Q.__ _ __ ______ __________ ______ _______ is 235 . 1003 duly recorded in Sheriffs Deed Book No. ____.u.____, Page .uuu._._-' IN TESllIMONY WHEREOF, I have hereunto set my hand and seal of said office this ./~d__ day of __.if~___._.u_ A. D., ~...?-e.!2' ~~A~'~in;~ Recorder 01 Deeds. Cumberland l:oa~ CI~I" PA My Commission Expires II1e first Moodi~ oI./1ll. 2002 "' < The Farmers National Bank ofNewviIIe .vs- In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-1741 Civil Earl M. Y ohn Gerald Worthington, Deputy Sheriff, who being du1y sworn according to law, says on October 13, 2000 at 2:18 o'clock P.M. EDST, he served atrue copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the defendant Ear] M. Y ohn by making known unto Connie Yohn, wife at 10] Springview Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. J. Michael Ickes, Deputy Sheriff who being duly sworn according to law, says on October 9, 2000 at 10:40 o'clock A.M.EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property of Earl M. Y ohn located at 353 Crossroads School Road, Newville, Cumberland County, Pennsylvania according to law. ' R. Thomas Kline, Sheriff who being du1y sworn according to law, says he served the above Rea] Estate Writ Notice Poster and Description in the folIowing manner: The Sheriff mailed a notice of the pendency of the action to the defendant Earl M. Y 000 by regular mail to his last known address 353 Crossroads School Road, NewviIIe, P A. This letter was mailed under the date of October] 4, 2000 and never returned to the Sheriff's Office. R. Thomas Kline Sheirff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o'clock A.M. EST and sold the same for the sum of $ ] .00 to Attorney Johnna Kopecky for The Farmers National Bank ofNewviIIe. It being the highest bid and best price quoted for the same The Farmers National Bank of Newville, One Big Spring Avenue, NewviIIe, P A being the buyer in this execution paid to SheriffR. Thomas Kline the sum of$ 875.37 it being costs. Sheriff's Costs: Docketing Poundage Posting BiIIs Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mai] Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 30.00 17.16 15.00 .15.00 30.00 10.00 .50 1.00 8.06 1.60 15.00 20.00 349.10 288.30 23.15 25.00 2Q2Q $ 875.37 Pd By Atty 12/08/00 Sworn and Subscribed To Before Me .. This .,lv~ayof~ 2000, A~l!.-<- {2, ~. up., P 0 onotary > ~~~ R. Thomas Kline, Sheriff BYJit;h- Jfl:fl: Real Estate Deputy ~ / c,v ?~. N V' t.-l-t....31YJ10 f6.v. /oS91 REAt.1!~ATE_lflf!l.23 . Wmlftt;1llI>>-114J 'a.ill.." Th91'>_.~Otlcmll13.mlt oINoWI'ilte ""vL ''<iiffIi!. 1'<>iln .,~Wt:~:;1y 'AU, i~f n:rlJ~ri,l-r,Kt ~{k.t,ii,~,ii~t\i in. \,\\~)!~( Pvn:tit!iitiiu ,i'i.ti;'ti&MF:~,',{,:um~I'I.~lm" (.Q\Uli\', ',Pfn.','.,,'l1. '....',y",'.'.,'. ".,i.', '.'", ","',,'. P,". "yt,h,':"~.l"!'I.~~,',,IiO,",n,"'. 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THE THE PATRIOT NEWS SUNDAY PATRIOT NEWS Proof of Publication UntiorAd NQ.oBI, Approved May 16, 1929 Comrnomvealth of Pfmnsylvania, Cmmtv of Dauphin} ss James L Clark being duly sworn according to law, deposes and says: That he is the Acounts f~ocelvab\e Manager of The Patriot News Co" a corpor a.tion mganized and oxisting under th~~ taws of H)o CQrnmoml\.r~3:'alth of Pennsylvania, wiH't its principal oftlcf.~ and plfiCO ot buslnoss at 812 to 81 g Market Street, in the- City of Harrisburg, County of Da.uphin, State of Pennsylvania, O\I\'ner and publishor 01 I.h,g, Eillr1Ql:,.Nfnvs and_.The. ._S1J..D.g~_glrj.Q.t~New_~. newspapers of general circulation, printec1 and published at H 12 to ~n 8 Mark€,t Street, in tho City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-f",jews were estalJlIsllOo Mmch 4th, 1854, and Septccmber 18th. '1949, respectively, and all trave been continuously published G'./€'r slnco; That the printed notice or publication which is securely attached hot'eto is exactly as printed and published in their rogUlar daily andlor Sundayl Metro editions wtrich appeared on the 31st day ot Octob", and the 7th and 14\h day(s) 01 November 2000, Thai neither he nor said Company is interested in thH subject matter of sc)id print\:'Jd notice or advertising, and thai all of the allegations of this statement as to the time, pl.:HJe and character of publication are true; and That he has personal knowled[~e of tho facts aforesaid and is duly .authodzed and empowered to verify this staternent on iJGhE-ilt of The f-\:itriot"News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and ,]clopte,d severally IJY the stQckho!ders and board of dins~ctors of the said Comp~ny and subsequently' duly rOGorded in the o11i("XJ for lh(~ F{ecording of De{~ds in and for said County of Dauphin in I'v1lrbeUaneous Book "M"', Volume '14, F-">ag:(~ 317. /1 ! ,/ J t-'i'" L:i' ....."......."..."...,.j~,~,....,'"....,..."....,,....., Sworn to and subscribed before '~7.thi,~1"t day of f;;..m~",.~'frVOO A.D. /" /~' j!: ~,. ,,'fj..~ '1' ~. Nl,tarlaiSeal -' / ..,I'~"::,,,, .;;;~6~:~ r:"""--;I"''''':~."'.''~~'-;'?-)?.1I;f:I',,.,1;:/ . , '.€-fflf I." H""""'OII ~'.*t",...., ......1'1. .,( -^'."t'.', ./ /.." ,,"" "'.'; .J--_~I"'jA(.. "~,~,, ",;;,:;'\'",';~.~C_..~".f.~__"-.' ;r ....;;0''",1'...........,- i"""uulC _.T"_'_.' '''''''-'-f:;-''"--'--' --. -'-..-'-'- _ ".HMisOOrfj,I)'lJijl/1/nCount . N"OT'''RY "UB Ie !>'f\. l..,orn;"(!;s"i'or, E'~I'r J 'I t... I L _ " "'I' tIS une- tJ, 2:X.J:! Me-mt}j~I, J:'.,mn:'l:YrV81li:t r,""........ I ~ ~.~.,{.".,a Kill 01 Notaries PUBLICATION COpy S ALE #23 My G<::,rnmlssion ~~xplres June 6, 2002 CUMBEHU;ND COUNTY SHERIFFS OFfiCE CUM13ERU;ND COUNTY COURTHOUSE CAHLlSLE, PA. 1701:, 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 Fea(s) $ Total $ 28e.80 '1,50 288,30 Publisher's Receipt for Advertising Cost The Patriot News Co., publhsher of The Pm.oot-News and The ._,fu.J.nday P.~l.lot~Ne\~!~,~, newspapers of general c(rcula.Hon, hereby acf<no'.Nledgo receipt of the aforesaid notice and publication costs and certifies that tho same have been duly paid. By...,...'''..'''''...'''.'''.'''........,.....'"''....''''''''.'''''' ltEAL ESTATE SALE NO. 23 Writ No. 2000.1741 Clvil The Fanners National Bank of Newville vs. Earl M. Yohn Atty.: Johnna J. Deily LEGAL DESCRIPrION !~- I i-- AIL that certain tract o!land sltu. I - ate in West Pennsboro To-wnship, [ Cumberland County, Pennsylvania. - more particularly bounded and de- l scribed in accordance with a sur- ' ve:y by Thomas A. Neff, dated Sep~ tember 24. 1971. and revised Oc- ;::- ,- tober 20, 1972. as follows: i~" BEGINNING at a spike in the cen- ter l1ne of Township Road 438 said road being the public road leading from Greason to the Carlisle- Newville Road and Crossroad School. said point being also at the comer of lands now or formerly of Harold G. Jones and which pOint is 140 feet south from the C'Qmer of lands of the Cumberland Valley Rail- road Company. and property now r ':"' or formerly of Mervin Yinger; thence North 15 degrees 10 minutes West ", 140 feet to a stake at the comer of lands of the said Cumberland Val~ ley Railroad Company and property now or formerly of Mervin Yinger. thence along lands now or formerly of Mervin Yinger North 69 degrees. 1-"" 17 minutes, 5 seconds East 316.31 feet to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lands now or formerly of Albert Watson; thence South 68 degrees 50 minutes Wet 175.70 feet to a post; thence South 19 degrees 25 minutes East 30 feet to a stake at comer of lands now or formerly of Harold Jones; thence along lands now or formerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike. the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by Ronald L. Jones, et ux, along the southern boundary line of the aforesaid prop- erty and under and subject to build- ing llnes and the right of way lines of Township Road 438 as set forth in the aforementioned survey. IT BEING the same real estate which Earl M. Yohn and Cormie J. YOM. by their deed dated Septem- ber 7, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Record Book 128. Page 199, granted and conveyed unto Earl M. Yohn. grantor here1n. BEING SOLD AS THE PROP. ERTY OF EARL M. YOHN, i CUMBERLAND COUNTY NUMBER 2000. 1741 CJV1L ACTION. TAX JD #46,08-0587-009A. . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA: 55. COUNTY OF CUMBERLAND : Roger M. Morgentha], Esquire, Editor of the Cumberland Law Journal, ofthe 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 ofCarlis]e in the CQunty and State aforesaid, was established January 2, 1952, and designated by the local courts as the officiitl legal periodical for the publication of all legal notices, and has, since January 2,1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues ofthe said Cumberland Law Journal on the foIIowing dates, VlZ; OCTOBER 27, NOVEMBER 3,10,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law J ourna], a legal periodical of general circulation, and that he is not interested in the subj ecl 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. ~~Edito;-- SWORN TO AND SUBSCRlBED before me this 10 day of NOVEMBER. 2000 NOTARIAL SEAL LOIS E. SNYDER, Nolary Public Ca~ 8010, Cumberland County, PA My Commiuion ExpirlH March 5:. ~1 -" -'... ~,...~... SAIDIS, SHUFF & MAS LAND ATl"ORNI!YS.AT-LAW 26 W. High Street Carlisle. PA THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000.1741 Civil Term EARL M. YOHN CIVIL ACTION - Law MORTGAGE FORECLOSURE Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 (") = 0 c: C) -~ --, .. ~ -:0- ...i The Farmers National Bank of Newville, Plaintiff in the above action, sets forth as oqQjl;j:!at'f}5le Pr~pe for the Writ of execufion was filed the following information concerning the real property;2QnSistiug of O(l~,rr-lf act of land situate In West Pennsboro Township, Cumberland County, Pennsylvania, kno'Mi'3md ntImber~2'ls 353 Crossroad School Road, Newville, PA 17241. '< co ",. ::2 =n ? z o.~ --8 - Z?f, 1. Name and address of owners or reputed owners: 5" c: '2 ~ , ~ ~ ~ Earl M. Yohn 353 Crossroad School Road Newville PA 17241 2. Name and address of defendants in the judgment: Earl M. Yohn 353 Crossroad School Road Newville PA 17241 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: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 1 .> " ~.~ SAIDIS, SHUFF & MAS LAND ATI'ORNEYSotAT.LAW .26 W. High Street Carlisle, P A --------- 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgag, record: The Farmer~ National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Northwest CDC 4813 Jonestown Road, Suite 107 Harrisburg P A 17109 5. Name and address of every other person who has any record nen on the property: Concord Financial Services, Inc PO Box 9002 Melville, NY 11747-9002 .. Penna. Power & Light Co. 1801 Brookwood Street Harrisburg, PA 17015 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: ffilUti 7. Name end address of every other person af whom the plaintiff has knowiedge 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 faise .statements herein are made subject to the penalties 01 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. SAlOIS, SHUFF, FLOWER & LINDSAY Dated: 9 IS. co 2 ,J' -.-. ~. ,r-" --,..-. SAIDfS, SHUFF & MASLAND ATTORNEYS_At_LAW 26 W. High Street Carlisle. P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 Civil Term EARL M. YOHN 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 EAR M. YOHN. Earl M. yohn 353 Crossroad School Road Newville PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 Northwest COC 4813 Jonestown Road, Suite 107 Harrisburg PA 17109 Concord Financial Services Inc PO Box 002 Melville NY 11747-9002 Penna. Power & Light Co. 1801 Brookwood Street Harrisburg PA 17015 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 1 ... ~~y SAlOIS, SHUFF & MASLANO A'ITORNEVS-AT-UW 26 W. High Street Carlisle. P A 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 The Farmers National Bank of Newville v. Earl M, Yohn, No.2000-1741 in the amount of $116,525,95 plus interest from March 15th, 2000 at $23.19 per diem, costs, attomeys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Earl M. Yohn, known as that tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. 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: S' ' I:; . CI...o By: John, SAI'. ,SHUFF, OWER & LINDSAY 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorney for Plaintiff Attorney 1.0.53147 2 ..-' ". - ..". ~'-"~ SAIDtS, SHUFF & MAS LAND ^"t'TQ1Uo,~^T.LAW 26 W. High Street Carlisle. P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 EARL M. YOHN 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: LOCATION: 10:00 A. M. Prevailing time 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 West Pennsboro Township, Cumberland County, Pennsylvania, known and numbered as 353 Crossroad School Road, Newville, PA 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to The Farmers National Bank of Newville. v. EarfM. Yohn, No. 2000.1741 for $116,525.95. plus interest from March 15. 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 "",..-~~, ,. ! SAIDIS, SHUFF_& MASLAND ATrORNEYS-AT-L\W 26 W. High Street Carlisle. P A THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Earl M. Yohn 353 Crossroad School Road Newville, PA 17241 A SCHEDULE DISTRIBUTION, being a list of the persons and/or govemmental 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 2 '. ._~~ ...-.--,,:~. . SAID IS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of 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 petitio n. 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: ~ 15. c.O By: Joh a J. . ily, squire Supreme Court 10#53147 26 West High Street Carlisle,PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 "-," ~-:#, . LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, dated September 24, 1971, and revised October 20, 1972, as follows: BEGINNING at a spike in the center line of Township Road 438 said read being the public road leading from Greason to the Carlisle-Newville Road and Crossroad School, said point being also at the corner of lands now or formerly of Harold G. Jones and which point is 140 feet south from the corner of lands of the Cumberland Valley Railroad Company, and property now or formerly of Mervin Yinger; thence North 15 degrees 10 minutes West 140 feet to a stake at the corner of lands of the said Cumberland Valley Railroad Company and property now or formerly of Mervin Yinger, thence along lands now or formerly of Mervin Yinger North 69 degrees. 17 minutes, 5 seconds East 316.31 feet to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lands now or formerly of Albert Watson; thence South 68 degrees 50 minutes Wet 175.70 feet to a post; thence South 19 degrees 25 minutes East 30 feet to a stake at comer of lands now or formerly of Harold Jones; thence along lands now or formerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by Ronald L. Jones, et ux, along the southern boundary line of the aforesaid property and under and subject to building lines and the right of way lines of Township Road 438 as set forth in the aforementioned survey. IT BEING the same real estate which Earl M. Yohn and Connie J, Yohn, by their deed dated September 7th, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 128, Page 199, granted and conveyed unto Earl M. Yohn, grantor herein. BEING SOLD AS THE PROPERTY OF EARL M. YOHN, CUMBERLAND COUNTY NUMBER 2000-1741 CIVil ACTION TAX ID #46.08-0587.009A ",...<t.. SAIDIS, SHUFF & MAS LAND A1TOJtNF.YS-AT-LA w -., '26 w. High Street Carlisle. P A THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 2000-1741 EARL M. YOHN 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 i I i I I i I I I I THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly i consisting of a statement of the measured boundaries of the property, together with a I brief mention of the buildings and any other major improvements erected on the land. I (SEE DESCRIPTION ATTACHED) i I THE LOCATION of your property to be sold is: all that certain improved tract of " land situate in West Pennsboro Township, Cumberiand County, Pennsylvania, known, and numbered as 353 Crossroad School Road, Newville, PA 17241. ' TIME: n, 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to the Farmers National Bank of Newville. v. Earl M. Yohn, No. 2000-1741 for $116,525.95, plus interest from March 15, 2000 at $23.19 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. 1 , ~.,J SAIDIS, SHUFF & MASLAND ATIORNEvs.AT-UW -.1{; W. fIlgh Street Carlisle. P A THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Earl M. Yohn 353 Crossroaa School Road Newville, PA 17241 A SCHEDULE DISTRIBUTION, being a list of the persons and/or govemmental 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 wHl, 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. I I I THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF i YOUR PROPERTY. i I ! i i IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO ! PAY THE JUDGMENT. I I You may have legal rights to prevent your property from being taken away. A I' lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. . - I , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR i TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN i GET FREE LEGAL ADVICE. I ! , IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. 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 2 y-f .,~ SAIDIS, SHUFF & MASLAND A1TORNEYS_AT.W\W 26 W. High Street Car!bl.. P A. that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common ' Pleas of 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. I SAlOIS, SHUFF, FLOWER & LINDSAY I I I i I I I Dated: 2' ,5 -cO .~ By: ),' . Johl)1la J. ily, squire Supreme Cdurt 10#53147 . 26 West High Street Carlisle, PA 17013 Telephone: (717) 243-6222 Attorneys for Plaintiff 3 LEGAL DESCRIPTION ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Thomas A. Neff, dated September 24, 1911, and revised October 20, 1972, as follows: BEGINNING at a spike in the center line of Township Road 438 said road being the public road leading from Greason to the Carlisle.Newville Road and Crossroad School, said point being also at the corner of lands now or formerly of Harold G. Jones and which point is 140 feet south from the corner of lands of the Cumberland Valley Railroad Company, and property now or formerly of Mervin Yinger; thence North 15 degrees 10 minutes West 140 feet to a stake at the corner of lands of the said Cumberland Valley Railroad Company and property now or formerly of Mervin Yinger, thence along lands now or formerly of Mervin Yinger North 69 degrees. 17 minutes, 5 seconds East 316.31 feet to a stake; thence South 10 degrees 03 minutes East 172.02 feet to a stake on line of lands now or formerly of Albert Watson; thence South 68 degrees 50 minutes Wet 175.70 feet to a post; thence South 19 degrees 25 minutes East 30 feet to a stake at corner of lands now or formerly of Harold Jones; thence along lands now or formerly of Harold Jones South 72 degrees, 20 minutes West 117 feet to a spike, the point and place of BEGINNING. UNDER AND SUBJECT to the right of way retained by Ronald L. Jones, et ux, along the southern boundary line of the aforesaid property and under and subject to building lines and the right of way lines of Township Road 438 as set forth in the aforementioned survey. IT BEING the same real estate which Earl M. Yohn and Connie J. Yohn, by their deed dated September 7th, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 128, Page 199, granted and conveyed unto Earl M. Yohn, grantor herein. BEING SOLD AS THE PROPERTY OF EARL M. YOHN, CUMBERLAND COUNTY NUMBER 2000-1741 CML ACTION TAX 10 #46.08.0587-Q09A ---f: 'u' '.* . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 2000-1741 CIVIL ~ CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland CQUNTY: To satisfy the debt, interest and costs due The Farmers National Bank of NeWVille PLAINTIFF(S) from F~rl M. Vnnn; 3Si ~ro~AroRnR S~'h()()l rnPln-. New\rill e, Pa 17241 DEFENDANT(S) (1) You are directed to levy upon the property ot the defendant(s) and to sell See Leqal Description ,. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ~-=-~ '.' ~ -"- --- ,~~_:;;s;-;;:---- ... . 7' . ~- ._"._-~---- GARNISHEE(S) as follows: '~ri~', ~, tkllt:.", ~-,-",.._.~,..---", and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account ot the detendant(s) 'and from delivering any property of the defendant(s) o'r otherwise disposing thereot; (3) It property ofthe detendant(s) notievied upon an subjectto attachment is found in the possession of anyone other than a named garnishee, you are direcfeclforiOtifyhimlherthat he/she has been added as a garnIshee and is enjoined as above state.d. Alty'sComm $4.450.00 Atty Paid $11 4 ~A Plainliff Paid % L.L. .50<: Due Prothy $1. 00 Other Costs Amount Due $116,525.95 $23.19 pel:: Dire; FROM 3/15/2000, Interest t-hru Date ot Sa ,. c . Date: :n.1H'J11!::.t" 17 _ ?oon Curt-is R. ,~n(f ~ ", .~ Prothonotary, Civil DiVision by: {2mlWlj 4 );4~~~ Deputy REQUESTING PARTY: Name Johnna J. DeHy Address: 26 West Hiqh Street Carlisle, Pa 17013 Attorney for: Elffl The Farmers National Bank Telephone: (717) 243-6222 Supreme Court 10 No. 53147 '. REAL ESTATE SAlE J'JQ.~:J . . , , . " -' On ~ 3 i , ~ the sheriff levied upon the defendants Interest in the real property situated in t/I/Jf rfh'l~ -7w-;tO Cumberland County, Pa" known and numbered as: 3-)::J {)ur:XJ4.~.L,~~ AA)'v...,fl!L and more fully described on Exhibit "A" filed with ~ - ~ ~ this writ and by this reference incorporated herein. flat.: 14.""".:1 ~/, ;wn B!;/!;~ 1i!Nv^1,~SI1N3d :;llsnU,\,:} "l'~: ,'IS 'nl Dr ~hll __ ~ j .... v ! ,^.U(~:\.". . ~ '-""[~~ AJlll::lIlS ;i" ,N ,,:)I,UO