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Home My WebLink About00-02847 ">' J. ,~ '-' . ~~"-~" '.0< .- PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-02847 v. EDWARD V. KELLOGG AND MARY E.P. : KELLOGG, : CIVIL ACTION - LAW Defendants : CONFESSION OF JUDGMENT ASSIGNMENT OF JUDGMENT FOR VALUE RECEIVED, the undersigned PNC BANK, National Association does hereby grant, bargain, sell, convey, transfer, assign and make over unto LAND HOLDING, INC., its successors and assigns any and all right, title and interest it may have in and to a certain judgment recovered by PNC Bank, National Association in the Court of Common Pleas for Cwnberland County, Pennsylvania to docket number 2000-02847 against Edward V. Kellogg and Mary E.P. Kellogg for the sum of One Hundred Ninety-Seven Thousand Seven Hundred Seventy-Eight and 11/100 Dollars ($197,778.11), together with interest thereon at the rate provided in the Note and costs of suit described in Plaintiff's Complaint; and together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own and their own use. I further authorize and empower the prothonotary or any attorney on behalf of the assignee to mark the judgment to the assignee's use. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed in its name by its duly authorized officer, on the '(ft.- day of Au.....J..., ,2000. ATTEST: PNC BANK, NATIONAL ASSOCIATION CJI~(Y).~ By: &~ ;;.. Eric Krimmel Assistant Vice President ,Q .~,." :__ 0 ' " COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ On this, the#- day of ~{{!.. , 2000, before me, the undersigned officer, personally appeared Eric Krimmel, who acknowledged himself to be an Assistant Vice President of PNC Bank, National Association, and that he, as such officer, being authorized to do so, executed the within instrument on behalf of such Bank for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) My Commission Expires: " ii NOTARIAL SEAL . KAREN s. NOEl., Notary PubliC Oemp Hill !IofO, Cumbe~nd eountY CQmmlulon e lrea Ceo.Il. 2003 '.1'1 /1"" .JL, ~" , "Iu ... -'-, ~ 'idli~' ".k.,'^_~" '-,' -,,', ~~.a.filiiA'(__~*"-' % i f? ........ lv () (} ~ () ~ ti' -;p ~ ()J r (J' -S __', ,J" , -,~ ~ ,.,,' ~ ,~.;,,',^ ,,-. .~ .'. ," o o o . fl''1l ' '-, I (j1 o. c: g;: -urn ~g zc en. ~;.- ~6 1Eo :>g ~ ;; 'o^ ~ ''''>' '",,-J' . ;::.. ~ o ;rn "..... i~.; ;:2- :':;{\"" i39. ;?~ is:;:; .;;'-Q ~ ~" '!? ~, """ ~._..,,-' .' ,-----. ~= ~""~~,,, ' ~ .~ , ~ '~"""""-~- ~,,,_,,,,,,,,,,,,\"l-',,""''''''__' PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 2000-02847 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT Defendants RETURN OF SERVICE PURSUANT TO PA. R.c.P. 3129.2(c)(2) AND NOW, this 10th day of August, 2000, I, Karl M. Ledebohm, Esquire, of the firm of SAlDIS, SHUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, Plaintiff, hereby certifY that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129,2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 ATTN: Eric Krimmel Harris Savings Bank 235 North Second Street p, O. Box 1711 Ramsburg, PA 17105 ("J CJ ,;::; Cl uf~ :: rT1f-n ,.....", Z"l",) UJ 7('"'; [75 ~,- ()J -<z !;::CJ :s ;g; ~: -:;... New Cumberland, P A 17070 :;::; b f'-.:J ~c L, ':....) JSK Laboratories & Technical Services;<L.L:E'. 608 Market Street NewCumberland,PA 17070 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Johnston Laboratories, Inc, 608 Market Street Spectra Services, Inc. Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg;PA 17055 JSK Laboratories & Technical Services, L.L.C, ' c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, pA 17055 o -n "T'! , ::~-~;-b ;ij~~ ~'~=-iJ ~;~, f~ '..J ::;:..~ :D -< ~"""~ . ~..~" ,~ ~ ~ - ....,-""""- ._~ Respectfully submitted, SAIDIS, S - ~ . ,FLOWER&LINDSAY //: /) Y ~v 0{,o~ 1/ . , / Karl M. Ledebohm, Esquire / Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff By: - _~Ilfu>;;J",-". -'~. .."., ".~,-,~.- """ ~~, ....,.~ '~~I1$''''~'''''-''''''''''''''''''''~--''~'IlUIrIo~~~~'.;"~~ii! U. . P STAL S VIC C .If CATE .F AI Nl MAYBE USED, FOR DOMESTIC AND INTERNA nONAL MAiL, DOes 1\ PAOV10E FOR lNSURANCE-POSTMAST!R Receiye. F,Saidis, Shuff & Mas/and. 2109 Market Street Camp Hill, PA 17011 " <[lWei One piece of ordinary mail addressed to: SreMlr- 5<.rvlce.s. -:s:,("\C,,_ q", ['6,,,,.,-6. \) \~,e\\~ V(6c\e,,-\:' ~I l 0 ~~cX\~ '\)(\0<: ec ,("\\ (( ~ \\~.,,"S: PS Form 3817, Mar. 1989 GPO , 1993 0 - 151 U.S. POSTAL SERVICE CERTIF CATE OF M ILlNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES N01 PROVtDE FOR INSURANCE-POSTMASTER Receiye. F,o"Saidis, Shuff & Masland 2100 Market Street r.::lmp I::iIll...PA 17011 One piece of ordinary mail addressed to: ,\sv-, I cbc:.--c.:Il>~ -> \er'n,',cC..I '::::,..(1.)1Ce do [d~cl \l. 'f-,e.\I~':J, V.",s,cle,,-\- '6\\.0 i\n-\-\'t-,~ \)n-;e. ~~A,,/fi> (Y\ "l\ c' c<- !C V~ \10<;<;" PS Form 3817. Mar. 198 GPO , 1993 0 - 151- .S. POSTAL SERVice CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAl. MAIL. DOES Ne PROVIDE FOR INSURANCE-pOSTMASTER Received From: Saidis, Shuff & Masland 2109 MarKet ::itreet Calllp Hill, PA 17011 One piece 01 ordln8l'V mail addressed to: C\,,,,h,.hrA C"u,~ ~~",-\c..~ \~ Nr,rlh 'MCuY\CC'( S~-\- CJ~\L\\~ ~~ \\b\3 't'}\) " \ ' " -~l~ PS Form 3817. Mar. 1989 GPO : 1993 0 - lS1. Exhibit, "A" "<<iI~fl:-<<~;C..fl-!Ciltl<< IDr~ It' \"1 ..0 ;':': \t. .. 1"-" ~~~ 1'"'..... ~~ I~~I - , ~; t Ole I "l ~~,,__,'~~c,:: => . ~} :l~;~',;:';~ '~~'..; ~,:,-',_:,~,_".:.."J" I, '':~':A.''',,;,;,,':,,',ri.~ .. ,.t:-- ,....., l~~'~' -.--..... , l~>~...... " .,~.~. ~ \ \ ,> '0. ". \.:7- ~:: d., ",- ~J '. ':.:, c.\ ^. ''''1 / c-:;. ",,- .-', 1 .~ ---',_../ ".3d:"..,.::.'. .-, . ","'" .: ~~,:'. ~ " . .: .~,;'.'~~(! '- -- . ::" :'.':~;::!.?-~~J~' . ~._~. .'~M_ ____, ~i III o (;'" , -. . ! ~j i '-oJ !..:,~:..i". ~_~ ~,~,_.~', ~-1i'.......,....~..,"t*-\""'~. .-~ " '. ,:; 'l~~: e, \.: , , ,~ l\' \'/ .-=> \ 0 _,.:::~, ~~]~~~ r c: ' --m::Jo 11-:1 0 (l~ .~l ......... !:1 t (.?: ;.... ~ II l-i' I" .~~ 0- ~:- I Ci; \1 1m i. ~ l r l~; --- :+:t.:t ...*~...*.:fo* U. . POSTAL S VIC CE TIFICATE OF MAlLIN! MAY Be USeD FOR DOMeSTIC ANI)'JNTERNATlONAl. MAIL. DOES N PROVIDE FOR INSURANCE-POSTMASTER R.C.;..'F~aidis, Shuff & Masland ?109 t.~arkAt ~trAAt I Camp Hili, PA 17011d/,f /IJ One piece of ordinary mail addl'1lssed to: ~rnc,- S' (1....0'(' e.."", lr\C.. fdLLO-d'\ ~~ \\C)'f=', ,\)rt'Sne" ~ lc0.<;( 0'c"rk-l- ~~ee--I-- \\\. w QA.. \ t... \lD'l1 PS "Ofm 3817, Mar. 1989 CPO 1993 0 - 151. U. . P STAL S RVIC ERTIFI ATE OF M It N( MAY BE USED FOR'OOMESTlC AND INTERNATIONAL MAil. DOES N' PROVIDE FOR INSURANCE-POSTMASTER R.c.'..' F''Saidis, Shuff & Masland 2109 Market Strget Camp l:illLPA 17011 ,.0 . ,e7:> 't,(t1 One piece of ordinary mail addreSSlld to; JS'A (,,('-8 .Neu:- \ (\ h,cJenes *c-I!tt\:--(\\a:\..( -: \I\\..-Ik.\ 'Sr u'\ C\.l.ri\t:.t~(.d ~~ \,\C",\ 0 PS Form 3817. Mar. 1989 GPO 1993 0 - 15: W,/lJl>l";,M,.,-,'" ,/~~\ (00 ~3 ;"" 1).:1 '0- .\ ,,; "'-I <=' ,,\')' '... ..... /,.\ , ---: ~..;~, ~i~\~r~:;l~~~fF ,.. ..,', )~.'ll":\~ 4... ~~;:: ';;l::ci~~:;~ ~----'----\' 1 c: ,'11 ;~.; I- . " l~' \. " ~! '0 j~ c:., ~ 0'" :' ;.:;:.; I>: 0 t\ !l~.~_...~Sjt }'\~l:I-...:,.~.\~.:iIi:';" , / c ,:~,'~, ',;" .~ '-,J \'"? ,. , , " "~, '., '. ~'_':""/,:,:: .' A, .-~. ~ :...,'._-':~,.. :'., ::-:--:-'~':,:,.;':':':~,~:.,: 1 :::: <d " ~ --: ' '..... : ,-'~ ;..:..:, ~ i>, ::.:;> i ,:;. L~~~~~,~~,,:_~.-, , ~ ." -, \";- '., . .- ---~ . ,,"' ._....---..,' U,$. POS'rAL SERVI E CERTIFICATE OF I IN MAY BE USED FO~ DOMESTIC AND INTERNATIONAL MAil. DOES 1\ ._>,,,,10.,., PROVIOE FOR INSURANCE-POSTMASTER ;:;:',-:.:.>.-~~{~i\ R.c.'..'F'S'aidis, Shuff & Masland \1\':. ~; 2109 Market ~trQAt \\\\ '- ,)~\ Carn Hili PA 17011 "~" '.-- ,,,' \ t~:ti '\3' 'J ".1 ,q. ,,' ' \ ,hh:~:\:;:~",,' -l: . t~1f~~\ 0$)~l.2C<rC\ \J, \~e..\\tcJ5~(t'srl(3 \1/?':~ ~\ ~\\.o \\~:f\u Ur,lLJe... _ ,\{:.. ~i / .....J ~ -, ~S~ \',.. "'_- . u,' u::, \-" \ [0.. ,~ . ,jj"'" -' PS Form 3817, Mar. 1989 1993 0 - 151-051 .Mi:Iiiii""J ~ _. . ' '=H_' - -~ ,I~~-, ~ -'t"'~"""";'~'"".~R~~"'IIi-"'~"~""'!";,':'~t~r.~,"_'-::-"~ ~i!:==:'.:':'::.' ~ ,., --"" ~ "i ,J .'( U, . POSTAL SERVICE C FlCA OF M IL' MAYBE USED FOR DOMESTIC AND INTERNA TlONAL MAIL. DOES PROVIDE FOR INSURANCE-POSTMAS1l!R Rece'ved F,cSaidis, Shuff & Masland 2100 Marl(ct StroGt (;;:!mp HU~ ~17011 Olk <("b/ (,II One piece of ordinary mail addl'8ssed to: \-\-,.-rlo;, <;--'-0\'Jc.,~",,--- J~ <;; t..\n rl-n "'Ct''''''' S-tree.\-- $(). boi. 1\\ \ -:j)jl, n I () S- o 1989 GPO 1993 0 - H U.S. POSTAL SERVICE C RTIFICA T F MAILI MAYBE USED FOR DOMESTIC AND INTEFlNA TlONAL MAIL. DOes Ne PROVIDE FOR INSURANCE-POSTMASTER Raceived rrom: Said is. Shuff & Masland 2109 Market Street a p ,\~' One piece of ordinary mail addressed to: i?~C.~"L Nr-.kf'C, C ~cc.r \Q1"\c u,.~l.\-~ C'Qr\,s\e. V\~e. Q-c..""p \~\\\ \>~ no\ \ ~\\ PS Form 3817. Mar. 1989 1993 0 - 15] U,S. POST L SERVICE CE IFI AT OF M ILlNG MAYBE USED FOR DOMESTIC AND iNTERNA TlONAL MAIL. DOes NO' PROV\OE FOR INSURANCIt-POSTMAST'ER Received From: Saidis, Shuff & Masland 2108 Malket Street Camp Hill. pA 170,11 rv' b J" ,<:(" 'L" O_ne piece of ordinary mail addressed to: 3~,'\S;\r." L" \:LfcJHle~> '-ne \s (\ 'K \\'t."-(~ -\;s,~ee.-1- ~'-'--" r t.VY\ 'Ill hy\ ~ nOtO PS Form 3817, Mar. 1989 GE'O 1993 0 - 15L-' .4C."II;';:C11''''1!-it-.li~<<-)l: n'fi!l I ~l lIlt 0 .r-' I J !'- ,In ~ 12 r-"l c \'":1 ~t.:, t~, i }t!l ." ,.-"' f~t tit . ~J ~;':~~~~~8 I.~-?,,,,'Ii,:"~'ki""'" ~~::':~'~-" r/~ ': \ '("- ~ <:~\ \~. ~ Q} i \ ~. ,:~', '. oJ. . J -/ / ~~ .,~".. i !"- ....L... '~~~ :~ ,..., l.;:> '" ": - .-"',, ., ...." : .-' .:~ ~; :":',:~.~;:;:~::~\'.' _:_~_:nS:~f;:l ;;-; ,:-';: ; ~..~ ' - ; i " . - ;:7"" .:::; : i ! i'.'." !.-;; ,.~ ' ':~ . ];'i;: -.,-.. .....-.--..., :1...- :.....' '. ~ 't.~..."'..,. -::.<.(~\:-;"':-rt~~:It<"1l:"!C'iC ~~ ;--- ;'~.' ;; I ! l.U! di: i:,?1 l't~ 0 ,p ti;! \~ ~'!. .,() i':;,;o I, ;,:11:'1: c:; I ~. tr~~_._.~ ..J ~J ::l ~~ ~ ,'. :. ,::. .~ ._.., ...... .,~.:;, ,',", :;:.,.i.. ',.' ::.''','') iI1~~:~';~~2,~:~f;! r,~,.... '.:' \ {-~ ,-- .\ i ..:: <I \~o- ,.-. Q./ I~\~:~':.' .:: ,/ J,: .......':" ,,/ " .Ii"', ..',h .. PNC BANK, NATIONAL ASSOCIATION, Plaintiff v, EDWARD V. KELLOGG AND MARY E.P. KELLOGG, " Defendants , -.. -" ,~-- - : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-02847 : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT RETURN OF SERVICE PURSUANT TO PA. R.c.P. 3129.2(c)(2) AND NOW, this 10th day of August, 2000, 1, Karl M. Ledebohm, Esquire, of the firm of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, Plaintiii; hereby certifY that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129,2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A", PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 ATTN: Eric Krimmel Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Spectra Services, Inc, Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 Harris Savings Bank 235 North Second Street P. O. Box 1711 Harrisburg, P A 17105 Johnston Laboratories, Inc. 608 Market Street New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.c. 608 Market Street NewCumberland,PA 17070 JSK Laboratories & Technical Services, L.L. C. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 h.L ~-. 'J ,. Respectfully submitted, SAIDIS, S By: /Karl M Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA l70ll (717) 737-3405 Attorney for Plaintiff ,- :-~. ".~~,~ --' ~~_'='~ 'illiIllbJ ~"'''~' "........-.wlilliiiilJir.il_" ~" ~. M, ""'L~. >"~" ''''''',:''' ." _~,',^ .-- - ' U. . POSTAL SERVICE CERTIFI ATE OF MAl IN' MAYBE USeD FDA DOMESTIC AND INTERNA nONAL MAil, DOES ~ PROVIDE FDA INSURANCE POSTMASTER Re.elved F,Saidis, Shuff & Masland 2109 Market Street Camp Hill, PA 17011 Il <[ 11Y6". One piece of ordinary mail addressed to: S('>eM-1u- 5L".)\ce.s, ~"'''-. ct.., fo\.::-c..-6 \) \\e\\c:f:, V(6(\e",\:-. 7\\lo \\,,~ U"0e ec\-vm It ~ \\~'":::.~ PS Form 3817. Mar. 1989 GPO, 1993 0 - 151 U,S. POSTAL SERVICE CERTIFI ATE OF AI IN MA. Y BE USEO FOR DOM5T1C AND INTERNA. nONAl MAIL. DOES N01 PROVIDE FOR INSURANCE POSTMASTER R..elved F,o'!3aidis, Shuff & Masland 2109 Market Street r:~mp l::Iill; PA 17011 One piece of ordinary mail addressed to: , \Sv-., lc'oord'tlr'<2.S .J,. \w\---i\\cC..\ '::::.c<QU <:.\0 Cd'-"Oce\ \l. 'fIe.\\C'~::" \Ve.s.c\e,,-t '6\\0 i$\-\-\",;~ $n"'~ ~~) c: lC ~ \lOSS; PS Form 3817. Mar. 198 GPO 1993 0 - 151- U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNA TIQNAL MAil, DOes NC PROVIDE FOR INSURANCE-POSTMASTER Raceived From: Saidis, Shuff & Masland 2109 Market t3treet Calllp Hili, PA 17011 One piece of Ordinary mail addressact'to: C:\, ",khrA CG\'--i\~ ~(c~k \<.J \ ~ Nr--riY\ \-\Cuy\C.e( S\:Tee--I-- (},L\\~ '~\'\- "D's ~,(\!VI') \ 'l'l.iY PS Form 3817, Mar. 1989 GPO 1993 0 - 151, F.xh.ihit "A" ~"1f!!-;r;"~~;;1 ' " I~ II 0 I~ 11,1 ~ i~~\ ~l ,\ -.., \~ ~~l .; i'~l "' ~____--l ~,"f;~".'~""". ... ~~~:~:1~~~{~(;:\~ t' ~i .-i ':r::'~"'<-';",~-,;~; r..~ -.i '1t'Ct~~A""~~,,;,,~,~ ""C~ I',"" ,,'.., l';"'~"_'--' ,,-"/' . :/....\,..... '\ '/_~' ~ .' Ie.. " ~l\<?-I,. ~:. ':J J '-.:. ~:, .:q ^ , ''"-/ /' . ;:;-......... . .'" :....,.;-'.,'. . .;~.- :'.' .-" i'.::" ,. , " / ~,' -. .... ',,-' '~:";;i~f::'(: ~~,~:~:'~~~:~~i(~~~( :: i~i ill :::-.; i ::,) , j.'r:-! 0 ! J'" I {;~ c." ; '2; '-..1 : j !~:~..__i,~~....J~. ~Ji .."'H.~*1-*...*~ .:~ ':'" .~;,.: , ,~ '...,.'. ~~ :..0\ / , ,~ Ie \j:> <'::> '\ 2 ,........ ~!fff~ ,rFi iii :~~ :n, '~", =-j a I~; .5J' q~' {,,"'. ~ {i 1_<: Iii,' ~1 0 .;' :;1-' " I r~l U i it! "'---"'-----' " **.***~",**:fo*- .r'''''-- , "~ U.S. POSTAL SERVICE CERTIFICATE OF MAllINl MAY BE USED F=OR DOMESTIC AND INTERNATIONAL MAil. DOES N PROVIDE FOR INSURANCE POSTMASTER Received F"$aidis, Shuff & Masland ~10Q MerkAt ~trAAt I Camp Hili, PA 17011 L1 /,f /" One piece of ordinary mall addressed to: ~r\rG- ~ (l jI( f!.-..". ...L"c... (~~t0\ ~.vY>\\r~ \)resoe"i \,f\-crkt- 0 ~ w \ . \\- \\D"l( PS Form 3817. Mar. 1989 GPO 1993 0 - lSl~ U.S. POSTAL SERVICE r.FRTIFICA TE OF MAllINC MAY'BE USED F=OR DOMESTIC AND INTERNA nONAl MAil. DOES N' PROVIDE FOR INSURANCE-POSTMASTER Received F"S'aidis, Shuff & Masland 2109 Market Street Camp 1:!.1II, PA 17011 ,.0 I~tv <( ,(IJ One piece of ordinary mail addressed to: JS'f-, (Q('-~ Ne...::., L0,h'iC~-\tnes ~h('II<nJ ~ (l\c.l"Ik, '8ru,\ C\..Ln\h:rt~('C\ ~\\- \'IC"! () PS Form 3817. Mar. 1989 GPO 1993 0 - 15: U.S. POSTAL SERVICE CERTIFICA E OF MAllI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil. DOES ~ PROVIDE FOR INSURANCE-POSTMASTER ~...~,. -">-~:IH>Ii~I",*", ../' 'r;'", r" ~,'1 "p ;;, '-1;\ { {'O .;~ ""i.J\' \\~ :'! ~i c. .....~/(.1 '.... 1~ .'~.i _'\"':~~~'~\ c" -:';"'-"f~:"1:1j~d' g ~~i~}~~~~:~~!'1 ~. '" ...~, }~o'\:'\~ ,:I... ~:~~~j::~~~~l{ ~\ ~ ! ;;: I '/1 j'~.F I. I ( h I~l. 0 j~, I. \,' c,.., \ 0.... : ~ 'l'~! <::) Ili 'Iou) II: 'of: ~=.:.~-...__.~~ _! ': "'~:t* ;;':f'~'t~...:i- >t:.;-'~ / , ;'1) \? ,,', " i,. .': ~,\ ~ ' .'7' , " .."':-' '....', '~" ~,_.:-. <:.::~i.." ,:,,:~:~>:-{,~~". f~'; ,~c;;W~,j: ~': l;:r.:; .;'- I.::,! >::=; i .j~, ::T' i]:>, .::::;:, " !, ~,':~! ,,' !'i ,_.__~_r~...:._,..J ' ,~.. ~" . < " ,"r -" .~'---'-'~~.,. ".....':.:~'" "". "~;.~t',.., ~\ .::&..':t."--:::'-~__~--. "'\ .~' I' I i 'J.~ &M I d \\1; .,. \:zi'\ Received F'S'a.idis, Shuff as an \ '0\ ;::0 \ ,.. \ 2100 Market StrAAt m '. ,-' :ic~ \ am Hili oA 17011 'i\,\ "-.' \~; \ r, \a~' "I \3i ,~;"-;~.;:;:,,.,~: \~J~~ d,(')Ecal.UWd \).' V,e..\It.cp\ -Y, (t'sru \~;:;>~ "'~ . J......J' ,,,,- ~? &, (>)\ \.0 \\~:f\u U (HJe.. \~. .~ ~: \ lcsbic ~ \lOSS- \j;<,c ,/ PS Form 3817. Mar. 1989 1993 0 - 151-051 - ~ ~.,",,,,,,,,,,,,",",,_""~.~.~~",~__,,""~ _'~"""''''''''''_''''~'~'H~~',~.'' ~"'=='~~,. '...." '. .'~~-''''i "-. - ---. ,-,--~ U.S. POSTAL SERVICE CERTIFICATE OF MAIL" MAYBE USED FOR DOMESTIC AND INTERNA TIONAl MAIL, DOES PROVIDE FOR INSURANCE-POSTMASTER t ,1 '( Received F'.Saidis, Shuff & Masland 2100 Marl(ct Street r.Amp ClUlPA 17011 Olk <(,-(b/~ One piece of ordinary mail addressed to: 'r\r,r,.-,s 'Sr.L\l\"8<~(\L J~ ~ \..\{).---\-l, ::Y'C'f'<'$\ S,,tfe.e-\- V,l). ~Oi- nIl --:v-t'l, n I () S- .1989 GPO : 1993 0 - 15 U,S. PO TAL SERVICE CERTIFICATE OF AILING MA V BE USED FOR DOMESnc AND INTERNATIONAL MAil, DOES NO PROVIDE FOR INSURANCE-POSTMASTER Received From: Said is. Shuff & Masland 2109 Market Street amp One piece of ordinary mail addressed to: Y\-0C ?x:,,,l-, Nt:. kl"C ~ \\s=.< Ie, iJJ; L\-'::)"L\=i ('Qr\I-$.\e. VI\ze Q'--"'D \~I\\ ~~ no\ , \\\'\ PS Form 3817, Mar. 1989 GPO 1993 0 - IS] U,S. POSTAL SERVIC CERTIFI AT F A ING MA V BE USED FOR DOMEsnc AND lNTERNA TfONAl MAil, DOES NO' PROVIDE FOR INSURANCE POSTMASTER Received From: Said is, Shuff & Masland 2109 Mal kat Street Camp Hill PA 17011b , (~~ cr,,$' O.ne piece of ordinary mail addressed to: 3hl'\S\r-." L, tb.-c.-\orle~~, \...n:: ('\'c,,-(~,i; .S-,-\lee:\- C' U-.ffi 'w( t.,y\ ~ n(),O let\'K 11'-\ _, , , '\e..u J PS Form 3817, Mar. 1989 ' GPO 1993 0 - 151-. "-1i.fr~;et{~'!1.-)l"ll<<-): r''flll l~ III <.:::> 1ft !' -'r'- ',I -..::! I,m . ~ I ':;:, r;: ~ i": 'IH ':"JJ l ,J~~..~,}:~,~?~~ =~j ~~:~~~:~~;~ la",~,,,,,",,,,,,,,,,,-,,, t~~~:>-:--." F>~"" -- '? "\ . (..... ~ <:t\ '{l.. ;; c.l \... ---' I \:'"r.:' / lt~', ':".... / .J.' "'-"'~! -" / ~:'-?:!;_:':.' .' ,.c' :1:: \t> \. " ,,' --, ~/ ' "'-,--' ",,- ,~3j~i 1_..,; _ j" ! . -',:: ~ I , ;,', ~",~,:,~,;,; ;~ JI' ! ;;~ : i ; ( ~L '-~._-,."_.,,-,-_..-, ;f;..,..r,+:...:.~>!"t,~....,.:.r- .~.;c1:~~ll-/l:-;tft !1i"-tl1l ill ~~ -..--- 11'1'1 ! i I I~ ~ ,I l~ l 0 ~_ '1; j ..() . ~f) I '",'1; 1,::..)1 ,..IL,', ...-, I ~! '.,' ~ :,'j ';~G' , ' ..., ~;,tJ~~i l~'i~>::'~ \:-....,~ ',", \ f~ ,,' .\ I' --=: <1.\ !".- '.~' 1"1 I \-/ :... ......, \..-:',".;,. I p,,, :,'" /! ,)J '--.......':::., . ;iio-"""''''''~'~'~'~jji~ll!.;tliif~~W'',\i!i<'iH"",~;,,;.-,,-,-,,-i'.\;-~,l(ill:-ti.c:.~.,..'2..b ,.~,;'ill", "--"""-""""'~",,~,,-,,,,!--,,,,~~w.lol!,i:d>t>i,,"'~l&ilil:iO'!'!$!i~~iA:tJl:LJWIIl~"~~~;~!IllIiI (') C":".) () C 0 -\ ; g :;:.. Ur:r~: rnrTi ~=) Z:'n ~~'~ ',;-11 CO ~ ~C) ~(~ ~C) -" )~~ :~ri - '~-S,;' i:=-5 _-:::CJ )>C N aln Z -I :< .;..,) :r.-" .,:'" ::n -< ~,<, ~ ",,~, " - k' I I I I . , ,- ." ,. ~~; . - , .,',,' ,. ,/ '- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler ~ ____________________~_________________________________________________________Ilecorderof Deeds in and for said County and State do hereby certify that the Sheriff's need in wbich ____u__________ W & Z Management LLC . ____h_______________________________n_________ _________________________n_______n IS the grantee ha . . th 6th the same vlUg been sold to said grantee on e _________________________nn___n___n___nn_ day of December 2000 ______________n____________------------ A. n., _____, under and by virtue of a wriL_____________ Execution 11th ____________________________n________________n issued on the _n__________u___________________n_ August 2000 day of __________________________ A. D., ___, out of the Court of Cornman Pleas of said County as of Civil 2000 ________ _____...______________ __.,,__ ___ __ _ __ ___ ____ __ _____ __ ___ ____________ __ __ _____ Term, 2847 PNC Bank N A Number ______n______, at the suit of _n_____Un______n___________________________n_______h_____ Esward V Kellogg & Mary E P _ ____________...____ __________ ___ ____ against___ _____ __ ________ __ ___ __ __________ __ __ ________ __ __ _ is duly recorded i.. Sheriffs ~ Book No. ____~~!h___' Page _n____~~_~~. IN TESTIMONY WHEIlEOF, I have hereunto set my hand and seal of said office this n_L~__ day of _m___X<?:?__m____m_____ A. n., i~L,2c::~_(_ ~---~----------- 7"'7'---R:;"rder of Deeds :.~ ~"~. . , ~"""""",=~,"" . . PNC Bank, National Association -vs- Edward V. Kellogg and Mary E. P. Kellogg In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-2847 Civil Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on August 21, 2000 at 6:25 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Edward V. Kellogg by making known unto Mary Kellogg wife at 816 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, says on August 21,2000 a6 6:25 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants ;to wit: Mary E.P. Kellogg by making known unto Mary Kellogg at 816 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania and at the same time handing to her personally the said true and attested copies of the same Brian M:Barrick, Deputy Sheriff who being duly sworn according to law, says on October 9, 2000 at 5:45 o'cloek P.M. EDST, he posted a copy of Real Estate Writ Notice Poster and Description on the property ofiEdward Kellogg and Mary Kellogg located at 608 Market Street, New Cumberland Cumberlaad County, Pennsylvania according to law. R. Thomas Kline, Sheriff who being duly sworn according to law says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Edward V. Kellogg by regular mail to his last known address 816 Anthony Drive, Mechanicsburg, P A. This letter was mailed under the date of October 10,2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Mary E.P. Kellogg by regular mail to her last known address 816 Anthony Drive, Mechanicsburg, P A. This letter was mailed under the date of October 10, 2000 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania on December 6, 2000 at 10:00 o' clock A.M. EDST and sold the same for the sum of $ 270,000.00 to Marilyn Zerreii for W & Z Management, Inc. It being the highest bid and best price quoted for the same Marilyn Zerreii of920 Linda Lane, Camp Hill, P A being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of$ 281,024.74 it being mortgage plus costs. Sheriff's Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library 30.00 5,400.00 15.00 15.00 30.00 10.00 .50 County Mileage Certified Mail Levy Surcharge Legal Search Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed Sworn and Subscribed To Before Me This ;IS'::! Day o{)-<M '^ ') 2001, A.D. Q~' a )u,;IJ._/,# o onotary <l.,. , . 1.00 28.14 .64 15.00 30.00 200.00 456.05 360.00 23.15 25.00 27.50 $6,666.98 Pd By atty 01/16/00 SO~ ~~ ~ ~~~?~-e R. Thomas Kline, Sheriff By PaL- J?1J;t; Real Estate Deputy ~"--:-='"'c ~~ 30' o-J . ,-1) I. CPc311'f(. K-,___,j 6 r..i//! , " ~i'" , . AMENDED SCHEDULE OF DISTRIBUTION SALE # 12 Date filed January 5, 2001 Writ No. 200-2847 Civil PNC Bank National Association -vs- Edward V. Kell10gg and Mary E. P. Kellogg 608 market Street New Cumberland, PA Sale Date December 6, 2000 Buyer Marilyn Zarreii Bid Price $ 270,000.00 Real Debt $197,457.07 DISTRIBUTION Amount Collected Sheriff s Costs Legal Search Transfer Taxes local Transfer Taxes state Sewer and Trash 200-2001 School Taxes Credit Writ No. 2000-2847 with Credit Lien PNC Bank writ No 2000-2844 with Credit Lien Harris Savings with Credit Lien PNC Bank 2000-2845 281,024.74 6,466.98 200.00 2,713.37 2,713.37 40.64 3,062.99 197,457.07 643.49 63,402.76 4.324.07 000,000.00 Refund advance costs 1,000.00 .< "'/~ $".""'. r"~, ~ '~. '4 >'Bi3~~~4f" . . -' R. Thomas Kline, Sheriff B~ Real Estate Deputy I~ _~ .' " ( ~ ~ ~,. ...c~. SCHEDULE OF DISTRIBUTION SALE # 12 Date filed January 5,2000 Writ No. 2000-2847 Civil PNC Bank National Association -vs- Edward V. Kellogg and Mary E.P. Kellogg 608 Market Street New Cumberland, P A Date Date Buyer Bid Price December 6, 2000 Marilyn Zarreii $ 270,000.00 Real Debt DISTRIBUTION Amount Collected Sheriff s Costs Legal Search Transfer Taxes local Transfer Taxes state Sewer & Trash 2000-2001 School Taxes Credit Writ No 2000-2847 with Credit Lien PNC Bank Writ No.2000-2844 Civil Credit Lien Harris Savings Bank Credit Lien PNC Bank 2000-2845 Civil Refund advance costs $ 197,457,Q7 281~ C~4iS!2V 200.00 2,713.37 2,713.37 40.64 3,062.99 197,457.07 643.49 63 4 76 4 338.0 ' $ 000,000.00 1000.00 Sr~~K~IP~ R. Thomas Kline, Sheriff BY&;-~ Real Estate Deputy -~""""""'"'--"""-"'-""; , .. i ,-------:- .. Ult~-""Ii., . . - '. . ' - , TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 12 Held Wednesday, December 6, 2000 Date: December 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: SEWER RENT: MECHANICS' AND MUNICIPAL CLAIMS: MORTGAGES: JUDGMENTS: Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. Possible unfiled Mechanics Liens and Municipal Claims. Listed Under Other Exceptions Below. Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed dated in Cumberland County Deed Book , Page from Cumberland County ,2001, and recorded Sheriff to , 2001, RECITAL: Being the same premises which PNC Bank, N.A., by Deed dated September 27, 1995 and recorded September 29, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania, in Deed Book 128, Page 1013, granted and conveyed to Edward V. Kellogg and Mary E. P. Kellogg, husband and wife. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. 5. Alley. Payment of State and local Real Estate Transfer Taxes, if required. Public and private rights in the roadbed of Market Street, 6" Street, 7th Street and Maple 6. Mortgage in the amount of $218,000 given by Edward V. Kellogg and Mary E.P. Kellogg, husband and wife, to PNC Bank, N.A., dated September 28, 1995 and recorded September 29, 1995 in Mortgage Book 1284, Page 275. Assigned to Land Holding, Inc., by instrument dated December 4, 2000 and recorded December 5, 2000 in Miscellaneous Record Book 661, Page 861. Conditions, easements and restrictions shown on or set forth on Plan of Section I of Mt. Allen Height recorded in Cumberland County Plan Book 18, Page 14. "', . . ) 7. Mortgage in the amount of $30,000 given by Edward V. Kellogg and Mary E.P. Kellogg to PNC Bank, N.A., dated September 26, 1995 and recorded September 29, 1995 in Mortgage Book 1284, Page 283. 8. Assignments of Rents given by Edward V. Kellogg and Mary E.P. Kellogg to PNC Bank, N.A., dated February 12, 1999 and recorded March 26, 1999 in Miscellaneous Record Book 607, Page 1094, securing obligation pursuant to attached Note in the amount of $400,000. 9. Mortgage in the amount of $91,000 given by Edward V. Kellogg and Mary E.P. Kellogg to Harris Savings Bank dated November 8, 1999 and recorded November 23, 1999 in Mortgage Book 1583, Page 640. 10. Confession of Judgment in the amount of $3,588.53 filed by PNC Bank, N.A., as plaintiff against Edward V. Kellogg and Mary E.P. Kellogg as defendants on May 5, 2000 in the Office of the Prothonotary of Cumberland County to File No. 00-2844. 11. Confession of Judgment in the amount of $439,920.12 filed by PNC Bank, N.A., as plaintiff against Edward V. Kellogg and Mary E.P. Kellogg as defendants on May 5, 2000 in the Office of the Prothonotary of Cumberland County to File No. 00-2845. 12. Confession of Judgment in the amount of $197,778.11 filed by PNC Bank, N.A., as plaintiff against Edward V. Kellogg and Mary E.P. Kellogg as defendants on May 5, 2000 in the Office of the Prothonotary of Cumberland County to File No. 00-2847. Assignment of Judgment to Land Holding, Inc., filed December 5, 2000. 13. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 14. Real estate taxes accruing on and after January 1, 2001 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. ------------------~- ------ obert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. 1" . . . REA1;ESTATE SALE NO. 12 ( Writ No. 2000-2847 Civil PNC Bank. National Association vs. Edward V, Kellogg and Mary E.P. Kellogg Atty.: Karl Ledebohm EXHIBIT "A" ALL THOSE certain lots or tracts of land with the buildings thereon erected in the Martin Addition to the Borough of New Cumberland. Cumberland County. Pennsylvania. bounded and described as follows. to wit: BEGINNING at a point on the southeast comer of Market and Sev- enth Street; Thence South fourteen degrees thirty minutes East (5 140 30' E) and along the western line of Market Street. a distance of two hundred twenty-seven and eighty- nine hundredths (227,89) feet to a point; Thence South seventy-two degrees eight minutes forty-seven seconds West (8 72c 08' 47"J a dis- tance of one hundred and two and forty-nine hundredths (102.49) feet to a point: Thence South seventeen degrees fifty-one minutes thirteen seconds East (S 17" 51' L3" E) a dIstance of fifty (50) feet to a point on the northern line of Sixth (6th) Street: Thence South seventy-two degrees eight minutes forty-seven seconds West (S 72" 08' 47" W] and along the northern line of Sixth (6th) Street, a distance of sixty-four and twenty-four hundredths (64.24) feet to a point at the intersection of Sixty (6th) Street with Maple Alley: Thence North seventeen degrees fifty-one minutes thirteen seconds West (N 17" 51' 13" W] and along the east- ern line of Maple Alley, a distance of one hundred seventy-four and fifty hundredths (174.50) feet to a point; Thence North seventy-two degrees eight minutes forty-seven seconds East (N 720 08' 47" E), a distance of one hundred twenty 120 feet to a point: Thence North sev- enteen degrees fifty-one min'utes thirteen seconds West (N 17051' 13" W)-, a distance of one hundred and three (103) feet to a point on the southern line of Seventh (7th) Street: Thence North seventy-two degrees eight minutes forty-seven seconds East (N 72" 08' 47" E). and along the southern lIne of Seventh (7th) Street. a distance of sixty (60) feet to a point. the point and place of BEGINNING. The within description is pre- pared from a survey prepared by Ernest J. Walker, Professional En- gineer' dated September 13. 1972, BEING the same premises which Wllliam H, Nauss Post No. 143. The American Legion, Inc.. a Pennsyl- vania Corproation, by Deed dated July I, 1974 and recorded a,t Cumberland County, Pa. in Deed Book R. Vol. 25 page 469. granted, and conveyed unto Cumberland County National Bank and Trust Company. RECITAL FOR MORTGAGE Book 1284 page 282 " BEING the same premises which PNC Bank. N.A. successor to Cum- berland County National Bank and Trust Company, aiso known as CCNB Bank. N.A.. by Deed dated September 27. 1995, and Intended to be herewith recorded. granted and conveyed unto Edward V. Kel- logg and Mary E.P. Kellogg. ," - ,~. , ~, ' . , ,~ """'" ~ ~" ~ ~ ~ II!I. -~ O~ . .. -""'t'~H.W"':Ldll": . ' . . , . PNC BANK, NATIONAL ASSOCIATION, Plaintiff : 'IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : N().2000-02847 EDWARD V. KELLOGG AND MARYE.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintilf 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 ofland together with the buildings and improvements erected thereon located in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070: I. Name and address of owners or reputed owners: Edward V. Kellogg 816 Anthony Drive Mechanicsburg, P A 17055 Mary E.P. Kellogg 816 Anthony Drive Mechanicsburg, PA 17055 2. Name and address of defendants in the judgment: Edward V. Kellogg 816 Anthony Drive Mechanicsburg, P A 17055 Mary E.P. Kellogg 816 Anthony Drive Mechanicsburg, PA 17055 3, Name and address of every judgment creditor (other than the Plaintilfherein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Harris Savings Bank 235NorthSecondStr~t P. O. Box 1711 Harrisburg, PA 17105 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 ATTN: Eric Krimmel 5. Name and address of every other person who has any record lien on the property: None -~"""-'~'"."--"'"~."- '., ~, ""..,.~ "ili,'hi'l._--"!o.I~c_;," . , . . . . . , , 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, P A 17013 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: Johnston Laboratories, Inc. 608 Market Street New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C. 608 Market Street New Cumberland, P A 17070 Spectra Services, Inc. Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 AnthonyDrive Mechanicsburg, PA 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 1, Karl M. Ledebohm, Esquire, attorney for the Plaintifl:: PNC Bank, National Association, 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. Respectfully submitted SAIDIS, SHUFF & MASLAND Date: By: / r 1; _7 'r (I / / ~v!l IUM.' __' . 1M. Ledebohnl: Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff '- ^J:I.!iii,. ~ ~ ."". - PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V, KELLOGG AND MARY E.P. KELLOGG, Defendants - ~~- ~~'" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-02847 : CIVILACTION-LAW : CONFESSION OF JUDGMENT NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.c.P. 3129,2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Edward V. Kellogg and Mary E.P. Kellogg: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 ATTN: Eric Krimmel Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Spectra Services, Inc. Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 Harris Savings Bank 235 North Second Street p, O. Box 1711 Harrisburg, PA 17105 Johnston Laboratories, Inc, 608 Market Street New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C. 608 Market Street New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 You are hereby notified that on December 6, 2000 at 10:00 a.m., prevailing time, by virtue of a ~.I ~~- ~ - . .~~ ~ '~ . "'-.~-- ," .~'" tM-M , , Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment ofPNC Bank, National Association v. Edward V. Kellogg and Mary E.P. Kellogg, No. 2000-02847, in the amount of One Hundred Ninety-Seven Thousand Seven Hundred Seventy-Eight and 11/100 Dollars ($197,778.11) plus interest at the rate provided in the Note, 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, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Edward V. Kellogg and Mary E.P. Kellogg known as that tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070. 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 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. Respectfully submitted, Date: 'f, ~ -b;Lf(OV SAlDIS, SHUFF & MASLAND /f /! /.: , 'Ie/ I M. Ledebohm, Esquire S preme Court ID #59012 SAIDIS, SHUFF & MASLAND 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 By: Attorneys for Plaintiff . ALL rUOSE certain loea or traces oE land ~itb the buildillg8 thereon ere~ted in cbe Ha~tin Addition to:tha Borough or New- Cumbsrland. CumOerland Caun~y. pennsylvania, bounded and described 4S follow-., to wit: oeCINHlNG at ~ ~oint on the southeaat corner of Harket alld SeYenth Stt'eet; Thallce South fourteen dasraes thin:y minutes &asc (S 14~ 30' &) and aLong tbe weatern Lin. of Hark" Street,' a dista~ce 0: tWO hundred (veney-asven and eigb(y-nin. bundredths (221.89) feec to a point: Thence South .eventy~two dearees eight ainutes forty-seven seconds West (S 7Z. 08,4J) << distanca oe ana hundred and twO and forty-nine hundredths (102.49) feat to a point; Thence South seventeen degrees fifty-one minutes thirteen second. East (S 17. 51' 13" E) a distance of fifty (SO) feet to a point 011 the nottnern line of Sixth (6eh) Street; thence South seventy-two desrees eig~t minut~s forty-seven seconds West (S 72. 08' 47" W) and along tbe northern line of Sixth (6th) Street, a ~istance of sixty-four and twenty-four hundredths ,(64.24) feet to a point at the inc~rsection o'f Sixty (6th) Street with "aple Alley; Thence N4rtb seVenteen degrees fifey-one minutes ellirteen seconds West (N 17. 51' IJ" y) ~nd alons LIle eastern line of Maple Aile" a distance of Olle hundred seven,y-four alld fitcy hundredths (174.SD) Eeec co a POillt; 'l"hence North sevellt'j-tIolQ degrees eight nainutes forty-seven seconds East eN 72. 08' 47N EJ, a distance of one hunared tventy (120) f~et to a point; Thence North seventeen degrees fifty-one minutes tllirceen seconds West eN 17. 51' lJ" W), a distance of one hUlldred and tllree (IOJ) feet to a point on the southern line of Seventll (7th) Street; Thence NQ~th seventy-two degrees eight minute a {o~ty-seven seconds East eN 72- 08' 47" El. and 410n8 the southern lille of Seventh (Jtl'> Street, a distance of sixty (&0) feet to a paint, the point and place of BEGINNING. The within description is prepared from a survey prepared by grnest J. Walker. Professional Engineer. dated September L3. L972. n&IUC the same premises vhicb William K. Naua. Post No. l43.the Am.e',.~c:an l.egio,n, tnc., a Pennsylvania CorpcH8tion, by Deed dated J,uly,'-l. 1974 and recordlld at Cumberland County, Pa. in Deed Bo.q~~I:&~'Vo.l. 25 page 469, granted and conveyed u.nta Cuaabe rl.~~~~ ty, Us t i ana 1 Bank and Trus t COlllpany. '..._-_..~ RECITAl FOR WbRTtlcE bQO'i 1284 PACE 282 BEING the sanae pre~ises which PNC Bank. N.A. successor to Cumber!~nd County Nationa! Sank an4 Trust Company, also known aa eeNS Balik, N,A... by Oeed dated 'Stl'h".I.OI( Ttl\"'\~ and intended to be herewith recorded, grail Led and conveyed untJ Edward V. Kellogg. (,~ 'MI'.', 'e.p. t.lb'\"l. EXlIJ:BIT -A- ~-'''~, ...._~'.'~ -. ____':.:..;.:'-->n_.. .' "- ...,; i I I I , I I I r I I i , ! i i I -- .- --- '~ ",-'" ~, ~" ~ "" PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : ~O.2000-02847 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 6, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One 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: one tract ofland situate in the Borough of ~ew Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, ~ew Cumberland, Pennsylvania 17070. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Edward V. Kellogg and Mary E.P. Kellogg, No. 2000-02847, in the amount of One Hundred ~inety-Seven Thousand Seven Hundred Seventy-Eight and 11/100 Dollars ($197,778.11), plus interest at the rate provided in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Edward V. Kellogg and Mary E.P. Kellogg. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or ,,-- ,,' -ij,jl'!, , . . 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, Ii \ , You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. 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. .J ~~ , ,"-', '~'.' ". . . ~~' ~'- 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. Respectfully submitted, SAlDIS, SHUFF & MASLAND Date: :t/'J11 tfU M. Lebo Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorneys for Plaintiff .' , A~~ r"OS& cer~aln lots or cracts oE land with the buildings thereon ere~'ed in the Hartin Addition to:the aorough of Na~ Cu~be,land. Cu~berlaQd County. lannaylvania, bounded and described 4$ follows, to wit: B~arHNtNc at . poi", OR t~e southeast corne, ot Harke' and Seventh Sereet; TlleRce SOuth fourteen degrees thirty ~lnucea ~ast (S 140 JO' E) and along the weatern Line of Harke, St,..,," a discanca of two hundred twenty-seven and siShey-nine hundredth. (227.89) f.et to a poine: Thence South .eventy-two deare.a aiaht 41" minutes forcy-seven seconds West (S 7Z. 08' /) a distanca of ana hundred and two and forty-nine hundredths (102.49) teet to . point; Thence South seventeen dear..s fifty-one minutes thirteen seconds Sast (S 17. Sl' 1.)" &) a ctistance of fifty (SO) feet to a j)oillt 011 the northern line of Sixt~ (6th) Street; ThenCe South seventy-two degr~es eight minutes forty-seven seconds West (S 7%. oa' 47# W) and along the northern line of Sixth (6th) Street, a distance of sixty-four and twenty-four hundredths .(64.24) feet to a point at tbe int~rsection 01 Slxty (6th) Street with Haple Alley; Thence Horth seventeen degrees fifty-one minutes thirteen seconds Wtst (N 17. 51' I]" W) ~nd along tIle '3st~rn line of MapLe Alley, a di$tan~e of Olla IIUndred sevellLy-four alld fifty hundredths (174.50) feet to a paille; TIlence North s,vell~y-t~o degrees eight minutes forty-seven seconds East eN 72. alt' 4]" E), a distance of one hundred twenty (120) het to a point; Thl:lnce North seventeen degrees fifty-one minutes thirteen $ecOnds West (N 17. 51' 1J" W), a distanc~ of One hUlldred ~nd tllree (103) feet ~o a paine on tbe SQUCllerQ li"~ of Seventh (7~h) Stree~; TbeQce Nortb seventy-two degrees eight minutes tor~y-sevea seconds East (N 72. 08' 4": E), and along the southern Li'le of Seventh (7th) S~reet. a distancB of sixty (60) feet to a point, the point and place of BEGINNING. The within des~ription ia prepared from a survey prepared by Ernest J. walker. 'rofessional Enaioeer. dated September 13, 197Z. n~IHG the same pre~ises which William K. Hau.a Poae No. l4J,The Am~~~can Legion, Inc.. a Pennsylvania Corporation. by Deed dated July",l, 1914 and recorded at GUllIberland COllnty, Pa. in Deed ao'q'b~:1\'.,V01. ZS page 469. granted and conveyed unto Cumberland County National Bank and Trust Company. ...,-_., . RECIT^L FOR ~bR~GACE iiia<< 1284 lAC! 282 BEING the same premises whicb PRC Bank, N.A. successor to Cumberland County National Bank and Trust Company, also known 8a CCRB Bank., N.A.., by Deed dated 'Strh,-.I,l( :nl\"l't~ aod intended to be herewith reeorded, grallLed and conveyed untJ Edward V. Kellogg. r.~ '/'VI"..., e.p. ~il.1'1'i' EXUI3IT -)t,.- .... - "- . ---'" -,;;:..:.,---.:..., .' "- ,...; I I I 1 I I I I I I I I I I I I I I I i I , , il ,:1 ii ii ;j i , , , , . I 1 I ~_._.- . I'~ '," ~. - ~ ~,,",,,,>'l" . , , PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-02847 EDWARD V, KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Edward V Kellogg and Mary E.P. Kellogg Ajudgrnent in the amount of$197, 778.11 together with interest at the rate provided in the Note and costs of suit has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 6, 2000 at 10:00 a.m.. You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SROULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ~ '""..;!>, . . . .. ...., y c' ~ '","" NOT HA VB 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 Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: -;y- { '1 i { iJ tJ By: 1M. ede hm, squire upreme Court ID #59012 2109 Market Street Camp Hill, P A 17011 (717)737-3405 Attorney for Plaintiff ~ ,1!iii.I<a_ , . . . , . WRIT OF EXECUTION and/or ATTACHMENT }. /I * COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-2847 CIVIL lllX '!'enn CIVIL ACTION -LAW TO THE SHERIFF OF Cumberland COUNTY: PNC Bank, National Association To satisfy the debt, interest and costs due PLAINTIFF(S) from &!ward V. Kellogg and Mary E.P. Kellogg, 608 Market St., New Cumberland, PA 17070 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqa1 Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of ,- '"","'", ""'0:' C,.,m!';! ,;;i' .- GARNISHEE(S) as follows: ;:(1;:" and to notny the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or othe.r:wise disposing thereof; . . '--..'----.----.' -- . " (3) If property ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Atty's Comm Atty Paid Plaintnf Paid % L.L. Due Prothy Other Costs S.50 S1.00 Amount Due Sl 97 ,778.11 Interest rateof 9% per arrmum from 5/2/00 $32.00 I I' , ~; Date: August 11, 2000 Curtis R. wng Prothonotary, Civil Division ~a.-.., c... -- [}. 7?zm-"'....~.J Deputy REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market Street Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-761-1881 Supreme Court 10 No. 59012 .~i-~~lI!ii:l:l~f,m1MP.mjn~';.F(...b1'.-~!,,j,UM~,,I0~d ~. ~'" " ~ IiidIi '"iiflu'j~~"~ - ~,'~V~ ~',"" _ .. >" ~'~O""'" ^ '" ~.. .' . , . Li i I I . .. RtAL ESTATE SALE No.. I~ :,~ ~ 11.j, '2-rrl the sheriff levied upon the defendants interest in the real property situated in41J ,) (J, ",'/2j1..i A-,.,,,,:? -t1 Cumberland County, Pa., known and numbered as:dll R /!U;AJ--I ~ /fJ.l-A)(J-AAdA~,land more' ,cribed on Exhibit "A" flied with this writ and by this reference incorporated herein. fJaIe:.tL'y4~;2,nJ ~~- e '0' ' '.c:;;;1 .- . c::u;l r::::;:2 (it) .. \?iiil .,:-- . ~__~,,~.b~ " ~ , ~ .~ ~~ ~~.."...,,~J!>l>:'o' . . , )-. - .. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, 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 of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly ill the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: OCTOBER 27, NOVEMBER 3, 10,2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Ro~r SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 I>IOT ARIAL SEAL . LOIS E St-lYOER. t-Iotary Public. Carf.... ';ro. cumbetiond Coun~. p~ . '01\ <-po',.. March 5. 200 Illy Comm'''' ~ L',' .= REAL ESTATE SALE NO. 12 Writ No. 2000-2847 CIv1l PNC Bank. National Association vs. Edward V. Kellogg and Mary E.P. Kellogg Atty.: Karl Ledebohm EXHIBrr "A" ALL THOSE certain lots or tracts of land With the buildings thereon erected In the Marlin Addition to the Borough of New Cumberland. Cumberland Coun1y. Pennsylvania, bounded and descrtbed as follows. to wit: BEGINNING at a point on the southeast corner of Market and Sev- enth Street; Thence South fourteen degrees thirty minutes East (S 14' 30' E) and along the western line of Market Street, a distance of two hundred twen1y-seven and elgh1y- nlne hundredths (227.89) feet to a point; Thence South seventy-two degrees eight minutes forty-seven seconds West (S 72' 08' 47") a dis- tance of one hundred and two, and forty-nine hundredths (102.49) feet to a point; Thence South seventeen degrees fifty-one minutes thirteen seconds East (S 17' 51' L3" E) a distance of fifty (50) feet to a point on the northern line of Sixth (6th) Street; Thence South seven1y-two degrees eight minutes forty-seven seconds West (S 72' 08' 47" W) and along the northern line of Sixth (6th) Street, a dJstance of SIxty-four and twen1y-four hundredths (64.24) feet to a point at the Intersection of Sixty (6th) Street with Maple Alley: Thence North seventeen degrees fifty-one minutes thirteen seconds West (N 17' 51' 13" W) and along the east- ern line of Maple Alley, a dJstance of one hundred seventy-four and fifty hundredths (174.50) feet to a point; Thence North seventy-two degrees eight minutes forty-seven seconds East (N 720 08' 47" El. a dJstance of one hundred twen1y 120 feet to a point; Thence North sev- enteen degrees fifty-one minutes thirteen seconds West (N 17' 51' 13" W), a distance of one hundred and three (103) feet to a point on the southern line of Seventh (7th) Street, Thence North seventy-two degrees eight minutes forty-seven seconds East (N 72' 08' 47" E), and along the southern line of Seventh (7th) Street. a dJstance of sixty (60) feet to a point, the point and place of BEGINNlNG. The Within descI1ption is pre- pared from a survey prepared by Ernest J. Walker. Professional En- gineer, dated September 13, i972. BEING the same premises Which William H. Nauss Post No. 143, The American Legion. Inc., a Pennsyl- Vania Corproatlon, by Deed dated July 1, 1974 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 25 page 469, granted and COnveyed unto Cumberland County National Bank and Trust Company. RECITAL FOR MORTGAGE Book 1284 page 282 BEING the same prenuses which PNC Bank, N.A. successor to Cum- berland Coun1y National Bank and Trust Company, also known as CCNB Bank. N .A.. by Deed dated September 27, 1995, and Intended to be hereWith recorded, granted and conveyed unto Edward V. Kel- logg and Mary E.P. Kellogg. "I - ~,~ . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principai office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania. owner and publisher of Th e Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 31st day of October and the 7th and 14th day(s) of November 2000. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in ':;::,:::~~m'"' " "", '" ,", ro':'":"~"?t;':"'"""'"""M..m COpy Sworn to and subscribed before me this 1st day f Dece r 2000 A.D. S ALE #12 Nota~al Saal Terry L. Russell. Notary Publl HalTisbulll, Dauphin COunly My Commission Explres June 6. 2002 Member, Pennsylvania ,Association at Notarie (' commission expires June 6, 2002 CUMBERlAND COUN1Y SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 358.50 1.50 360.00 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By,.......,...............,........................................... 'REALcSi)\TE'SALE'N'o.-r2---' .., Writ No'- 2000.21347 . .. " Civil Term . PNC BanlCr National Association vs Edward'V. Ke1lo,gg and Mary E. P. Kellogg Atty; Karl Ledepohm l)ESCEIPTION ALL tHOSE cer(,iiri kits' or 'tractS 'of liHid with :'""~h,r"'~~l.l.~.Ii!lJ}~:~~n~~~,l;N~fL~~H1?<}~{<m.tr. .-.",ulu,un Q tuc ,oorougrl of- CW,""Wlwerl.1nu, : "CUmberland CountY. Pennsylvania; b'ounded I ~,Ild,de.cnbeda5JQJlov.."S,toWit;" ,,,:' ._ .BEGINNING at a j.1Oinf "Oh .the, southeast corner of Marl;et and ,Sevt;!nth' Stre~li Thence, South fourteen degri?G''thiitV mltiu[l'i; Eifst ($ 14" 10' E) and along ,the l-'.'e5t~m Jim> of fl.1arket Street. a distarice of two hundred t\\'en!\'w, b"e\'Cn and, eignl:'i.nlne hunilredths 1227$9} led to a point; "T'nence South sev.enty.two d%'1'ef!s eignt minutes: (orlY~5even second!> West (5 71' OS' 47") a distance of one hundred and hvo arid fortv-nine hundredths (102A9) ,fe,d' to a poin'~' Thence Sout,h seventeen degr.ees fifty--one minutes thirteen' saconds Easf (5 17" 51'i3~'E) a qista,ncl.? of flft\' (50l,f~t to a point on the uQrthem Iin'e of Sixth i6th) Sued; Tncnce:: Sauth sevcJ;l.ty,~tw.o..,..~~ees ,~ig:ht minutes f~-sl'ven se,c6nas West ,(5 72~ OW 47" W) and along the nO,rthem li~c ofSjNh ffi'th) Street; .'I" 'di:.tance of'sixty-faur aM twenty-four hun,dredths (64.24), J~et to.a pOInt at,,the ,inlerse,<;tion of ShIh 1Mb), Sired '~1th ,Maple Alley; Th~nc~ North: seve:rihie:? dt>gn.'e5 .'fiftV.one mmuEcs thlrtet'n seconds Wes.t (N 17~ 51'"rr' Wrancr~16n$'jhe.ea;ter~ line of Mjp!e Allev, adistanc~: of one hll'[,dr~q sev~tv~four arid'fifty hundr.e.dths (174.50) feet to. a .poi'nt; TbencE' North se\'enty-two degree's I;!ight mJnutcs furty-seven seconds: ,East (N' no 08' 47:' t), a distanc~ of QJle hundred twenty (110) ,feet to a poInt; Thence ,Wvrtb, seventeen 'd-~~,es, fiftY-one mhnites thirte.en seconds W~$f3,N J70' ~) .13/1 \Y);" a di~tim(:e of O{Ie f': hundreq ,a,nd:._l.~ree (103) feef to. a point OrJ !he : : iJij'Ulne'i'ii"' line 'Of Seventh (7th) Street; Thence 'N:(frf~ sewnf)'.two degree!i eight 'minLli~ fortj'~se\,jm SI;,"Conds Ea~t (N ,it' OS' 47"E), and , ,along' the southern line ofScvl;,'Ilth (7th) Street, , ?,,,rustancc 01 sixty (6Q)Jeet to a point, lhe point "rid pi". OfBE;GINNlNG. ... . 'fl.1~, .within, ~e~criptiori,A ,prepared fr~m a fitlD!,W:' prtlpafl!d by t:m\!5t J. Walker, ,...ProfeSsiotial. ,Engineer", dat~,q Sc,pJCIIlber: 13, . '1972 .. , ::'.'lIEING thi/ same pte:mis~ which WiUiam H. , :Nauss Post.1~o,.143, The Atne*an (egl,ol).,..h:u:., , ,\1 feunsyl\'an,ia: tbrporatinp;,by peed ,dated ,July I, 1974 alfd, recorri~d at Cumberla:q.d , . ,,:.c;:otlnty, Pa. In Peeg" B,Qok,g, Yol. 2,S page, 469, ' : ,:'[rarHed J.lld.:1,,!=on\let'ed, unto,' CuffiberJilJld ",Lotlnty NaflnnaI ,B.ank,., and' Trust' Companv.rrClTAL.. mR... MOrTGAGE: BEING, lfi.c 5atT'~, pn\nih;e, il;;hlch PNC: Ba,nl.:, ,N,A. Suc.c.essor'ro,..Cllmherland Couinv National Bank and Tr'llst Compa"", also "tr.nOU.ll as CeNl3 ~ank, NA" by Deed q.aled ..Seplemb('r .27,1, 1'9,95" and intl!1'!d~d: to be :herewlth recorded,. granted and ,o:inveyed ,:.unto Edw?rd \1, f\e1.1ogg and Mary E. ~ ,:.K-enO[g~__.,___ ,_,____ '~.=, < ,. - " , " r'<.~ ... $ 1000.00 advance costs paid 08/14/00 Assessed valuation $ 17360 Writ No. 00-2847 Civil Term Real Estate Sale No 12 Atty : Carl Ledebohm PNC Bank, National Association -vs- Edward V. Kellogg and Mary E. P. Kellog 608 Market Street New Cumberland, P A Real Debt Interest 9% annum fr 5/2/00 Atty's Fees Atty's Writ Costs Escrow Late Charges $ 197,778.11 10,638.40 32.00 Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Postpone sale Out of County Legal Search Law journal Patriot News 30.00 5,400.00 15.00 15.00 30.00 10.00 .50 1.00 27.14 .64 15.00 20.00 456.05 360.00 Share of Bills Distribution of Proceeds Sheriffs Deed TAXES Sewer & Trash 2000-20001 School Taxes 23.15 25.00 26.50 40.64 3,062.99 "'''''''~li!Iill."_ , ..,> - - ~. 't '#- ,--{~ , , PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V. KELLOGG AND MARYE.P. KELLOGG, Defendants ~, - "',",;ltJIUI,,,,,i-<.i,,,['i' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-02847 : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT PRAEC~EFORWRITOFEXECUTION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue a writ of execution upon a judgment entered by confession in the above matter. (I) directed to the sheriff of Cumberland County; (2) against Edward V. Kellogg and Mary E.P. Kellogg, Defendants; and (3) N/A , Garnishee; against (4) and index this writ (a) against Edward V. Kellogg and Mary E.P. Kellogg, Defendants; and (b) against N/A and levy upon and attach as required the following: , as Garnishee (a) All that real estate situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070. (5) Amount due: Interest at the rate of 9% per annum from May 2, 2000: Attorneys fees Costs I certifY that $197,778.11 (to be added) (to be added) (to be added) Certification (a) This praecipe is based upon ajudgment entered by confession; and ~ ,. ~, -" " '" - "<'","i>~,",,', (b) Notice will be served with the Writ of Execution Pursuant to Rille 2958.2, Date: Respectfully submitted, 1- I ?;(tJ() K M. Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 761-1881 Attorney for Plaintiff ~"~ ~. ~ J ALL THOSE certain lots or tracts of land witb the buildings thereon erected in the HaTtin Addition to :tll. Borough of New Cumberland, C~mberland Co~ntYI Pennsylvania, bounded Bnd described as tollows, to wit: BECINNINC at ~ point on the southeast corner of Harket ~nd Seventh Street; Thence South fourteen degrees thirty minutes East (5 140 30' &) and along the western Lin. of Harket Street,' a distance of two hundred twenty-seven snd eighty-nine hundredths (227.89) feet to a point; Thence South seventy-two deBrees eight ~ minutes forty.seven se~onds West (5 72- 08,47) 4 distance of one hundred and two and forty-nine hundredths (l02.49) feet to a point: Thence South seventeen degrees fifty-one minutes tbirteen seconds Sase (5 I7G 51' lJ" X) a distance of fifty ('0) feet eo a poiRe OR the nortbern line of Sixth (6th) Str*et; Thence South seventy-two degrees eight minut~s forty.seven seconds West (S 72- OS' 47" W) and along the northern line of Si~th (6th) Street, a distance of sixty-four and twenty-four hundredths {64.24) feet to a point at the intersec:tiQn of Sixty (6eh) Street with ,Haple Alley; Thence North seventeen degrees fifty-one minutes thirteen seconds West (N 17- 51' 13~ W) and alons tl,e e38tern line of Maple Alley, a distance of Ona hundred seventy-four alld fifty hundredths (174.50) feet to a poillt; 'rlaenee North seventy-tWO degrees eight minUtes fl)rt;y-Ileven seconds east (N 72- Q~' ~7" E), a distanc~ of one hundred tw~nCY (120) feet to a point; Thence North seventeen de8~ee& fifty-erne minutes thiree.n seconds West (N 17- 51' 1J" W), a distance of one hUlldred and three (IOJ) feet to a point on tile soutllern line of Seventh (7th) Street; Thence North seventy-two degrees eiaht minutes forty.seven seeonds East (N 72G OS' 41", It), and aloRg the sO"tlthern line of Seventh (7th) Street, a distance of ai~ty (60) fe~t to a point, the point and place of BEGINNING. The within description is prepared from a BurVeY prepared by Ernest J. Walker. ProfeaaioQal Engineer. dated September 13. 1972. B&IHG the same premi.es which Willia. H. Hauss Post No. 143,The Am.e'F.~can Leg.i.o,n, Inc., a Pennsylvania Corporation. by Deed dated Julyd, 1974 and recorded at CUlQberland County. Pa. in Deed Bo'cilc-~A.~Vol. 25 page 469, granted and conveyed unto Cumbe r l.~.~~~~ ty. tia t i onal Bank and Trus t Company. RECITAL FOR ~bRT~lGE biioK1284 r~c[ 282 BEING the same premises which PHC Bank, N.A. SUCCessor to Cumberland County UaeionaL Bank snd Trust Company I also ~nown as CCNB Balik, N.A\ I by Deed dated Strh-.lot( ':r'11\~qS and intended to be herewith recorded, grallted and conveyed untJ Edward V. Kellogg. r....! 'MlII'" e.p. ~1f.l'1'i' EXUIBXT -A- ~'<<"" .n... _.'_,"_ '"'__--"-"_~.;.:.,~_,_ , .' "- ,.."J -~' f . i I ~ ,- " --- --- ~ =~' .- "'!Moi!iI~ >~ ~~lld.,,-.u,--,,"h;.;b:',;l!i",h;>;" w~!!i,~-fuiud,,""'- _ '""".,~~, ' ~~-".~'~~. ~"~'.' ~ . ~~ ."., ,"""''"'dill "- [~, . ~, '... .... w ~ "'<l. ..... 0 -l<l -fQ.. Jv ~ ?1 0 (:) 0 c (:) --n ?Y ~ "- , ~ V) :s: . 0 D "" ~ d 0 VO] c:: ."TJ () 0 D 111r11 en ,= z:~ ~"aS () I -~ ( Zr--- 'u ci5J;;~ ~~ ..,() "- ( ,-< ~- t"-. ~ r~ !;:'G v ...0 .t::- 0- ... ~o :12: , . ~o ~ .... ;- , ~ u 0 (); J>c: ~ ~ ~ N ~ jJ (1) ... , ~ . ,,~~~- ,"'~ ~ "'- ~'. - _"~--~"""~'-'i" ,~ .'''' ~ PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000-02847 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, 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 ofland together with the buildings and improvements erected thereon located in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070: I, Name and address of owners or reputed owners: Edward V. Kellogg 816 Anthony Drive Mechanicsburg, P A 17055 Mary E.P. Kellogg 816 Anthony Drive Mechanicsburg, PA 17055 2, Name and address of defendants in the judgment: Edward V. Kellogg 816 Anthony Drive Mechanicsburg, PA 17055 Mary E.P. Kellogg 816 Anthony Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Harris Savings Bank 235 North Second Street P. O. Box 1711 Harrisburg, PA 17105 PNC Bank, National Association 4242 Carlisle Pike Camp Hill, P A 17011 ATTN: EricKrimmel 5. Name and address of every other person who has any record lien on the property: None - -". ~'. ,.., I ~ t.;" 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 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: Johnston Laboratories, Inc. 608 Market Street New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C. 608 Market Street New Cumberland, P A 17070 Spectra Services, Inc. Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive New Cumberland, P A 17070 JSK Laboratories & Technical Services, L.L.C c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, 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. CS, section 4904 relating to unsworn falsification to authorities. Respectfu1ly submitted SAIDIS, SHUFF & MASLAND Date: By: ) arl. ebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff ,,,L:" .'111 jrliit""""'^',., ~, ~-",u;~F'~ "'~..;.' , "" ~ "ill."';". ' '0- c"" -,,co', ,', ,"" ."c",,;'-' " C) 0 0 C 0 --n ;;;: """ ___I ""Om c ;;c.." nlrn c.--, " nf~- 2:0 ~'i1 fTl 2r" ~::j? CIJ;S: ()O ~i5 ~ ~:-;jl' ;< ;:,~~S );>c ~ 2 0 Ben )>0 w c o---l 2 N :!G :< (1'l -< w _1lII~""J"'~~...J ~~ ~ro ~~' t".,.-. v PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NC>. 2000-02847 EDWARD V. KELLOGG AND MARYE.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION TIIEREON NOTICE OF DEFENDANTS' RIGHTS TO: Edward V. Kellogg and Mary E.P. Kellogg A judgment in the amount of$197,778.11 together with interest at the rate provided in the Note and costs of suit has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The court has issued a Writ of Execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff's sale has been scheduled for December 6,2000 at 10:00 a.m., You may have legal rights to defeat the judgment or to prevent or delay the sheriff's sale. I. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT OR DELAY OF THE SHERIFF'S SALE PRIOR TO THE SHERIFF'S SALE OR YOU MAY LOSE YOUR RIGHTS. II. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO !f' ~ ~,.,. , -- . ~. -~" "~ ~ J~!l!'~ii ",;aillHl<. NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013 (717) 249-3166 Respectfully submitted, SAIDIS, SHUFF & MASLAND ~l ~11 tJ~ By: I M. ede hm, squire upreme Court ill #59012 2109 Market Street Camp Hill, FA 17011 (717)737-3405 Attorney for Plaintiff ~~ i~ !~~~~JIkI!~'0-'~;;\Jk',!I::*C'-':.""""ll~"'o1'f~:&J"m' , 'l'UIlillIliI.II: 'KJiliJr ,~ '.- () 0 0 C 0 .''1 ;;;: > '--j ;:H:;g ,- ;1~:o 2:.0 G5 ,l'r- zr-" ~'e,rn (fj ~~: -,:50 ~C; {--') ! ::,,0 :s -L,-'-{ ;S;o -'- (.) r:":' ""0 2>t.... >c: W qrn Z '" ~ =< 0'> -< ,-~ - " " I PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2000-02847 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 1--("1 r( tk3 By: Kar . Ledebohm, Esquire Su erne Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 Attorney for Plaintiff ----=="''''''...",..~~+-,.,.~~1i,j''';~U'''_''~;i4i!'~ ~~< ." .~~ I""~""~ liI',U';:4jJ.i ~,,--,- ~ r iil'lIlI "'~--~.;. '," 'Jt " 0 Cl 0 C Cl -n s: "'" ,---; ~~ -= :L-n c;') :Tl= Z:::r.~ , --..in 25; Va (j) c' 31 ~L -,0 r;: C) --0 -~-!. )> -r>" ~!~~ 28 ~. w 5f11 >c -I Z '" :ii =< en -< "~->,,. . ~~ . ~~ ~. M' """_,,.iO ., PNC BANK, NATIONAL ASSOCIATION , Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-02847 EDWARD V. KELLOGG AND MARY E.P, KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: December 6, 2000 TIME: 10:00 a.ill. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, P A 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: one tract ofland situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. Edward V. Kellogg and Mary E.P. Kellogg, No. 2000-02847, in the amount of One Hundred Ninety-Seven Thousand Seven Hundred Seventy-Eight and 11/100 Dollars ($197,778.11), plus interest at the rate provided in the Note, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale, THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Edward V. Kellogg and Mary E.P, Kellogg, A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or --. " , l,. ~~ .~~~" . , 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, P A 17013 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. 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. '...~,~--"~.....1" ,~, _,~ "" . , ~ ~~""". , , 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. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: qf'J1/OU ~ By: KIM ebo Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff - ALL T1108& ee~taiq lots O~ tracts of land witb t~e buildillgS ellereon ereeted in the Hartia Addition to~the Borough of New Cumberland, Cumberland Coun~y, Pennsylvania, bounded and described as follows, to wit: BECINNING at ~ point on the aaucheaac eorner of Market alld Seventll Street; Thence South fourteen degroes thirty minutes &ast (s 14. 30' &) and along the western line of Harkee Street,' a distance of two hundred twenty-seven and eighty-nine hundredehs (227.89) feet to a point; Thence South sevency-two degrees eight 4 I" minutes forty-seven seconds West (5 124 081 /) a distance of one hundred and twO and forty-nine hundredths (L02.49) feet to e poine; Thence South seventeen degrees fifty-one minutes thirteen seconds East (8 17" Sl' 13" 10 a distance of fifty (50) feet to a point all the northern line of Sixtn (6eh) Sereet; ThenCe Soueh seventy-two degrees eight minutes {arty-seven seconds West (8 7Z. 08' 47" W) and along the northern Line of Sixth (6th) Sc~eet. a disCance of sixcy-four and twenc,-fou~ hundredths ,(64.24) feet to a point at che intersection of Sixty {6th) Street with Maple Alley; Thence Norch sevente~n degrees filty-ona minutes thirteen second. West (N 170 511 J)" W) ~nd along tIle ~~stern line 01 Maple Alley, a distance of aIle Jlull~red seYeJI~y-four and fifty hundredths '174.50) feet to a POillt; Tllence North sevellty-tWQ degrees eight minutes forty-seven seconds East (N 72" 08' 47" E), a distance of one hundred twenty (120) feet to a point; Tllence North savantaen degrees fiety-one minutes thirteen seconds West (N 17- 51' 13" W), a distance of one hundred Bnd three (103) feee to a point on the soutllern lina of Seventh (7th) Street; Thence North sevanty-two degrees elght minutes forty-seven seconds East (N 720 OS' 47': E), and along ehe southern ii'la of Seventh (7th) Street, a distance of sixty (60) feet to a poblt, the point and place of IlEGINNING. The within description is prepared fro. a survey prepared by Ernest J. Walker. Professional Engineer, datad September 13. 1972. a~INQ the same premiaea which WiLLiam K. Hausa Post No. 143.The AlU,e',.;can Leg~o,n. Inc., a PennsyLvania Corporation. by Deed date~...~.!J~Y.-.L, 1974 and recorded at Cuntbedand County, Pa. in need Boq!-II~.,vor. ZS page 469. granted and conveyed untO Cumberl.~~~~!'ty, National Dallk alld Trust Company. RECITAL FOR ~bRT~AGE ioiiU284 PAC! 282 DEINe tbe saNe premises whicb PRe Sank. B.A. successor to Cumber13Qd County National Bank and Trust Co.panYt also known as CCNB Balik, N.A'.1 by Dud dated Strtr'"""" 1"1,\C\QSJ an4 intended to be hereUith recorded, 8ran~ed and conveyed unt Ed~ard V. Keltoga. r.....! .""',,,,,, 'r..P. '4lb')~J' EXlII.8ZT -A- ._---'-.-'- - --_......._..:;..;..,~._:...' .' "- ...,J -"'=l "1" i I ~ ; i , , , , I 1 ."",,-'- ~-' 1""" '-0 ,,,,-,..J,~ ~ --~'" '~""'!ml!-;iI!~!j;Iiil;-iltb}jlAZM,l~~~":i-;r-<.tr;'-,".'l;~~;:;:<ll,.ili~::.m.~. "" - ~llliII"'~."'" '" - ~"""~"'~Tli""" ~.....~ ".......,~" C') ~ ;J?eo zm ~::G "- 1::' sed:':: r-: C., ,;:;~ ~(') -0 >c: 2 =< - .. ~ " o Cl "'" c:: G") ~ :]1 hlfn -'..-'m :}5b ()(L ~.;J -f~ :.."":D cc,<o t-:~3rn ~-t .:D --< -v :r s> I'\) -CY't " ,;,'..!' """." ,~" """,' ""--'" ''''', '~', ~ ',Of",', " ,"" PNC BANK, NATIONAL ASSOCIATION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 2000-02847 EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.c.P. 3129,2 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Edward V. Kellogg and Mary E.P. Kellogg: PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 ATTN: Eric Krimmel Harris Savings Bank 235 North Second Street P. O. Box 1711 Harrisburg, PA 17105 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 Johnston Laboratories, Inc. 608 Market Street New Cumberland, P A 17070 Spectra Services, Inc, Edward V. Kellogg, President 608 Market Street New Cumberland, P A 17070 JSKLaboratories & Technical Services, L.L.C. 608 Market Street New Cumberland, P A 17070 Johnston Laboratories, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, PA 17055 JSK Laboratories & Technical Services, L.L.C. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg, P A 17055 Spectra Services, Inc. c/o Edward V. Kellogg, President 816 Anthony Drive Mechanicsburg,PA 17055 You are hereby notified that on December 6, 2000 at 10:00 a.m" prevailing time, by virtue of a "~ - - <" " "'~ .~~ ....,"'","""'*'-'-".,""'--, t- .;" Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment ofPNC Bank, National Association v. Edward V. Kellogg and Mary E,P. Kellogg, No. 2000-02847, in the amount of One Hundred Ninety-Seven Thousand Seven Hundred Seventy-Eight and 11/100 Dollars ($197,778.11) plus interest at the rate provided in the Note, 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, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, real estate of Edward V. Kellogg and Mary E.P. Kellogg known as that tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, known and numbered as 608 Market Street, New Cumberland, Pennsylvania 17070. 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 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. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: '('i(6W By: KIM. ebolun, Esquire S preme Court ill #59012 SAIDIS, SHUFF & MASLAND 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff ALL TIIQSE certain 10~4 or tracts of land with the buildillgS thereon erected in the Hartin AdditiOn co:tbe Borough of New Cumbetland. C~mberland Coun~y, Pennsylvania, bounded and described as foLlows, to wit: neGINNINC at a POillt on the southeast corner of Market and Seventh Street; 'rhe~ce Soutb fourteen degr.es thirty llliinutea ~ast (S 14G lO' ~) and along the weatern line of Market Street,' a distance of two hundred twenty-seven and eighty-nine hundredths (227.89) feet to a point; Thence South seventy-two desreea eiSht 41" . minutes forty-seven seconds West (8 72. 081 /) a distance: of one hundred and two and forty-nine hundredths (102.49) feet to . point; Then~e South seventeen degrees fifty-one minutes tbirteen seconds East (S 17. 51' U" &) a etistance of fifty (50) feet to il point Oil the northern line of Sixtb (6th) Street; Thence Souta seventy-two degrees eLght minUt~5 forty.seven seeQnds West (S 72. 08' 47" y) and along the northern tine of Sixth (6th) Street, a distance of sixty-four snd twenty-four hundredths {64.24) feet to a point at the intersection of Sixty (6th) Street with Maple Alley; ThenCe North seventeen degrees fifty-one minutes thirteen seconds West (N 17. 511 13>> W) and along tile eastern line of Maple Alley, a distance of one bu"dred sev81lty-four and fifty hundredths (174.50) feet to a point; Tllence North seVenty-two degrees eig~t minutes forcy-seven seconds &ast eN 72~ oa' 47" El, a distance of one hundred tweney (120) feet to a point; Thence North seveneeen degrees fifty-one minutes thirteen seconds West (N 17. 5L I 13" W), a distance of one hundr~d and three (103) feet to a point on the southern Line of seventh (7th) Streee; Thence North seventy-cwo degrees eIght minutes forty-seven seconds East (N 72~ 08' 47~ E), and along the so~thern Line of Seventh (7th) Sc~eet. a discance 01 sixty (60) leet to a point, eh. point and p~ace of BEGINNING. The within deseription is prepared lro. a B~rvey prepared by Ernest J. Walker, ProfessionaL EQgineer, dated September 13, 1972. B~INC the sa~e pr~mises wbi~b William H. Naus. Post No. 14J,The Am,8',Acan Leg.i.o.n. Inc., a Pen'naylvlInia Corporation, by Deed daredH..~,~~y'-'l, 197' and rl!'corded at Cumberland County, Pa. in Deed Boq~u~..~Vol. 25 page 469. granted and conveyed unto Cumberland Co~nty National Bank and Trust Co_pan,. "'--" . .....__...~ RECITAL tOR WbRTdACE ~iliji 1284 lACE 282 BtING the same premises which PNC Bank, N.A. succeasor to Cumberland County Nacional Bank and Trust Company, also known 4S CCNB Bank.. N.A~I by Dud dated 'S'rh...,r :nl\"q~, and intended to bit herewith recorded, grallled and conveyed untd Edward V. Kellogg. r,..1! i'V\t''''1 e.p.,~lb'I\I' EXllIBX'l' -A- ""..-0<'-. ..u_ .._._ .,_~_..::..:.:'--'----:..._.. .' "- ,..,; -"..IT.... ! I i , , i , , , , , , 1 I ~o -- \/0 ,i,'~)" _' j, "'~ 1WiIiiI~4'-"'~-"""'1ro.m1i:11e~5f~4>1"i,l,"""":i'~fi,,,\ldd.>lfu"'-"'lc":'d,-kij;,~~' ,~U " "1IiiI -' ~'n' '"~'- ~~- " .~ <-'" .~ . """"f-.l ''" '" . . , ,"" . 0 0 ~ c: 0 "'" -Ow J> ...--! ~ !;PUl ;;=; -'r-~ C'j'i-n - ~;~, , 'f-"":: 21);: -;::;rTi ~:2: '-y ",,1 ~O ()C --0 --"~I _J P ~~;! ZC':: ::t: >0 c::: "=':' iSm 2: '" ~ :< O'l -< , . PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants J_ C"_ , " ~" o. ,.. ,'_ ""0'. ,"",,;'; _ ,~ , , <~" ~M:.d~,"-' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 00 - ;).{>/17 C;,-,~( l~ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defel).dants and confess judgment in favor of the Plaintiff and against Defendants as follows: Principal Other authorized items: Interest to May 2, 2000 Property Search Fee UCC-I Search Fee Mortgage Satisfaction Fee Attorney's Commission TOTAL Date: 0pa $179,305.68 $ 179.93 $ 72.50 $ 248.00 $ 24.00 $ 17,948.00 $197,778.11 Respectfully submitted, SAIDIS, SHUFF & MASLAND By: I . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 ~ ("""" "" , ",,," ~(..JfI\il- ~~-- ~~'" '~bmi~ _,=>~,_~ " "~~,,.,o,,'_V' if oJ ~"~; ,,:_,,< " "'.", " .. , '" ~ '''",-"'-- ~'," - . --, ',' ",~" 'I 0 <::> ~ c <::> s:: :J:; ::;:1 ;:RfB :x>>> rh.i.Q -< ~r;:: I \]m UJ -06 (1)=:-,. b --< """ ~~-f( r::c ..., :C=H $ :JI; 90 ZO 15m >0 1:" ~ .1'"" ~ -< ,. Sif~'; PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00 - .;(.Pi1-? (]~1..1 ~ EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The names and last known address of the Defendai1ts is 816 Anthony Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendai1ts executed and delivered to Plaintiff a Promissory Note dated September 28, 1995 ("Note"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made a part hereof. 4. Defendants are in default of Defendants' obligations to make payment to Plaintiff as required in the Note, and Plaintiff has demanded payment in full of all outstanding amounts as provided in the Note. A copy of Plaintiff's demand is attached hereto as Exhibit "B" and made a part hereof. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 6. There has not been any assignment of the Note. 7. Judgment has not been entered on the Note in any jurisdiction. 8. The amount due to Plaintiff as a result of Defendants' default is as follows: Principal $ 179,305.68 ,',,,-,-',,' Interest to May 2, 2000 $ 179.93 Property search fee $ 72.50 UCC-I search fees $ 248.00 Mortgage satisfaction fee $ 24.00 Attorney's Commission $ 17.948.00 TOTAL $ 197,778.11 9. Interest continues to accrue at the rate provided in the Note in the amount of $44.83 per day. WHEREFORE, Plaintiff demands judgment against Defendants, Edward V. Kellogg and Mary E. P. Kellogg, as authorized by the warrant of attorney contained in the Note for One Hundred Ninety Seven Seven Hundred Seventy-Eight and ll/IOO Dollars ($197,778.11) plus interest from and including the date of this Complaint and judgment entered hereon at the rate provided in the Note, and costs of suit. Respectfully submitted, Date: 13/txJ By: arl M. Le ebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 ;,'-\',b~,\\;." '," '~'--"-o', c ~ .UL",,! ~""""""-"flillt- ~" ~.~K,," ,""''''', 'U~~~~ ~ ~ '"1',, -'-",,,~, "";,,," ,;",,,,,''';,,;,',,.^ I - .',,', ,~" ,"'"'' '" """""'-~ "-' _.,^>J~. ~~.~..:~'.."'" ...-" ..~~ PROMISSORY NOTE Borrower: EDWARD V. KEl..LOGG (SSN: 374-54-4436) MARY E. P. KEl..LOGG (SSN: 377-48-7993) 816 ANTHONY DRIVE MECHANICSBURG, PA 17055 lleabillly of this decument to any articular loan or item. Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HIll, PA 17001-8874 Principal Amount: $218,000.00 Interest Rate: 9.000% Date of Note: Septembflr 28,1995 PROMISE TO PAY. EDWARD V. KEl..LOGG and MARY E. P. KEl..LOGG ("Borrower") promIse to pay to PNC BANK NATIONAl. ASSOCIATION ("Lender"), or order, In lawful money 01 the United States at America, the principal amount of Two Hundred EIghteen Thousand & 001100 DoUars ($218,000.00), together with Interest at the rate 01 9.000% per annum on the unpaid principal balance tram September 2a, 1995, until paId in full. PAYMENT. Borrower will pay this loan In 59 regular payments at $2,228.13 each and one Irregular last payment estimated at $177,172.22. Borrower's first payment Is due October 28, 1995, and all subsequent payments are due on the same day of each month after that. Borrower's flnal payment due September 28, 2000, will be lor all principal and all accrued Interest not yet paid. Payments Include principal and Interest. lnter,as,t on this Nate is cO,mput~d ?n a 365/360 simpl~ interest basis; that is, by applying the :a~o Of the annual intarest rate over a year of 360 days, multfphed by the outstanding pnnclpal balance, multiplied by the actual number of days the pnnclpal balance is outstanding. Borrower will pay Lender at Lender's addre$s s~own above or at such ~th~r place as Lende~ ~ay designate in writing. Unless otherwise agreed or required by applicable law, payments will be s,pplled first to accrued unpaid Interest, then to pnnclpal, and any remaining amount to any unpaid collection costs and late charges. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are eerned fully as of the dale of Ihe loan and wiil not be subject 10 refund upon early payment (whether volunlary or as a resuit of default), except as olherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier than it is dUe. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in BorrClwer making fewer payments. a DEFAULT. Borrower wiil be in default if any of the following happens: (a) Borrower faiis to make any payment when dUe. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender, (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's abiiity to repay this Note or perform Borrowers obiigafions under this Note or any of the Related Documents, (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding Is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tries to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. LENDER'S RIGHT'S. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the interest rate on this Note 5.000 percentage points. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is e iawsuit, inciuding attorneys' fees and legal expenses for bankruptcy proceedings (Including efforts to modify or vacate any autom~fic stay or injunction), appeals, and any anticipated post-judgment collecfion servtces. If not prohibited by appUcable iaw, Borrower also will pay any court costs, in addition te all other sums provided by law. If judgment is entered in connection with this Note, interest will continue te accrue on this Note after judgment at the existing interest rale provided for in this Note. This Note has been delivered to Lender and accepted by Lender In the Commonwealth at Pennsylvania. II there Is a lawsuit, Borrower agrees upon Lender's request to submit to IheJurlsdlcllon 01 the courts 01 CUMBERI.AND County, the Commonwealth 01 Pennsylvania. Lender and Borrower hereby waive the right to any jury Irla' In any aCllon, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed In accorttance with the laws of the Commonwealth 01 Pennsylvania. RIGHT OF SETOFF. Borrower grants te Lender a contractual possessory security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and aU accounts Borrower may open in the future, excluding howev~r all IRA, Keogh, and trust accounts. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff aU sums owing on thiS Note against any and aU such accounts. COllATERAl.. This Note is secured by a Mortgage dated September 28, 1995, to Lender on reai property iocated in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby incorporated and made a part of this Note. GENERAl. PROVISIONS. Lender may deiay or forgo enforcing any of ils rights or remedies under this Note wilhout iosing them. Borrower and any other person who $igns, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon allY change in the terms of this Note, and un.less otherwise expressly stated in writin.g, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend, (r~peatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lend~r's secunty Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also,agr:ee that Lend~r may modify this loan without the consent of or notice to anyone other than the party with whom the modlflc~tion is made. The obhga.t!ons under thiS Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it WIll not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA. OR ELSEWHERE. TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAiNT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, TOGETHER WITH COSTS OF SUIT. AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR CDLLECTION, BUT Exhibit "A" - ~~ 09-28-1995 .. Loan No PROMISSORY NOTE , (Continued) Page 2 IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COpy OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRAIIIT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMEIIIT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMEIIIT IN FULL OF ALL AMOUIIITS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMEIIIT AND STATES THAT BORROWER HAS BEEN REPRESENTED BY LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. BORRj?WjR: () J~ x ~~~~~_ij.,. .::f' ":::,,::' .:':.'....::.. .,:.:....... :~@!.~~1~~~~~~1$Z~~!$~~~)t EDWARD V. KELlOGG ......,....... .. X~~~__~;;;#j\!lW;iiif~~i MAR . KELLOGG"'''' .. NOTICE TO COSIGNER You ere being asked to gUlrantee this debt. Think carefully belore you do. If the borrower doesn' pay the debt, you will hIve to. Be sure you can IfIord to pay If you hIve to, and that you wlnt to ICcept this responsibility. You mlY hIve to pay up to the lull amount of the debt If the borrower does not pay. You may also hIve to pay late lees or collection cosls, which Increase this Imount. The lender cln collect thIs debt from you without _ trying to collect from the borrower. The lender can use the same collecl\on methods Igalnst you that Cln be used 19a1nst the borrower, such IS suing you, garnishing your Wlges, etc. II this debt Is ever In default, thltlact may become I plrt 01 YOUR credit record. This notice Is not the contrlct that makes you liable lor the debt. FIXed Rate. Balloon. LASER PRO. Reg. U.S. Pat. & T.M. Off., Ver. 3.20a (e) 1995 CFI ProS-rvicel, Inc;:, All righ1sreserved. {PA-020 E3.20 P3.20 SECKELL.O.LN C30.0VLj ~ , .. -' '. M~~ ~~ 2000 12:26 4.l4~ \..aI'lIS11C t'DU: Camp Hill, PA nOli E-mail: eric.krimme1@pncbank.com , PNC BANK "' c<< i;- 7177302373 P.02 '.. --;t: (717) 730-2492 Tel (717) 730-2373 Fax -~-i j , , I j 4.........._.... .............___~__... Certified aDd Regular Mail May 2, 2000 Mr. Edward V. Kellogg Mrs. Mary E. P. Kellogg & 16 Anthony Drive Mechanicsburg, PA 17055 PNC Capital Recovery Corp. Edward V. Kellogg. President Spectra Services, Inc. t:rk/a Johnston LaOOmtories, Inc. 60& Market Street New Cumberland, PA 17070 In re: $11!I,OOO Term Loan OblilgorfObligatioD Nos.: 30935554-600712555 530,1100 Term LoaD Obliir:or/ObligatiOD Nos.: 30935554-600712561 DeIII' Mr. and Mrs. Kellogg: Dear Spectta Savices, Inc.: As you know, you are obligated to PNC Bank, National Association ("PNC") for certain loans in the original principal amounts of $2 I 8,000 and 530,000 (the "Loans"), as evidenced by certain notes dated September 28. 1995. and by certain Guaranties dated September 28, 1995. and other related loan documents (the "Loan Documents"), As you also kJIIow. you lII'e in default under the Loans and Loan Documents for your failure to payoff a $400,000 line of credit loan (Obligor/Obligation Nos.: 3 I 7')6109-601085654) to Spectra Services, Inc.. when it matured on March 2, 2000 and in accordance with a demand leUer dated May I, 2000, which constitute an Event of Default under the Loans and Loan Cocuments. As a result of the above Event of Default, all liabilities and obligations under the Loans and Loan Documents have been accelerated and demand is hereby made for immediate payment in full of ail liabilities and obligations due to PNC. As of this dale the amount due muler the Loans and Loan Documents is as follows: $218,000 Term Loan ObliJzorfObli,:ation Nos.: 30935554-600712555 Principal balance Accrued and unpaid interest as of 05/02100 Property search fees UCC-1 sea<ch fees Mortgage satisfaction fees Total Per Diem $44,83 &179,305.68 179.93 72.50 248.00 24.00 &179,829.61 c-fhbd- "8" ~ i'1Hy-Id;1-d~<li!i LBI.; ~tW;~k --'_r','- 7177302373 P.03 .~'tiit#"'''''' , - > LVU. r.U~iUU ". ~CllUgg Mrs. Mary E. p, Kellogg May 2, 2000 Page 2 .' $30,000 Term Loan Oblillor/Oblil!Rtion Nos,: 30935554-600712561 Principal balance Accrued ,md unpaid interest as of 05/02100 Mortgagt: satisfaction fees Towl Per Diem $0.77 ~;3,06L02 3.51 24.00 :&3.088.53 Demand is hen:by made for immediate payment to PNC of all sums due and owing under the Loans and Loan Documems, plus accrued interest and hereafter accru ing. as set forth above, and any additional costS which may become due, from the date of this letter. Please be advised that unless payment in full is immediately delivered to PNe Bank, National Association at 4242 Carlisle Pike, Camp HilI, PA 17011, in the fonn ofacashiers check or money order, PNC shall tak~ all action it deems appropriate to collect the: above sums due and owing. preserve, protect and enforce iel rights UIlder the Loans and Loan Document,. Very truly YOUtS, PNC Capital Recovery Cn ~,~ Eric D. Krimmel Assistant Vice President Certified Mail Nos.: Z 077 330 690 Z 231 540 989 cc: Regular Mail Geoffrey S, Shuff, Esquire TOTAL P.03 .J -'>dI.~"'~~0,' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLV ANlA : NO. . .. PNC BANK, NATIONAL ASSOCIATION, plainti1f EDWARD V. KElLOGG AND MARY E.P. KELLOGG, Defendants : eIVll.. ACTION - LAW : CONFESSION OF JUDGMENT VERIFICATION 1, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association. being authorized to do so on behalf of PNC Bank, National Association, hereby verity that the statements made in the foregoing pleading are trUe and wrrect to the best of my information. knowledge and belief I understand that false statements herein are made subjeet to the penalties ofl8 Pl. es. Section 4904, relating to unsworn falsification to authorities PNC BANK, NATIONAL ASSOCIA nON Date: Sf2..loO By: U-.a~ Eric Krlmmel Assistant Vwe President [cop, 00, c0 ^~w ~0d [v6 aN~l~W ~~nHS Slal~S ~0P[~[L~t~ <'0.'" ,,'i !U.1ti1~~;i*i~ii:$l1W~<w.f~k;M"""H"d",,",~1io.""'iwre;::"$!Il~,,*II~~~'JtlJilliilL~ . 1 r"" ill - -'-- 'J:.~~- ~,' ',~, , , ,,' ''''''_~Ir~l_ '~tIIi!IIIiI!lil! -" '.- ..... , ~ lI- 0 0 0 C 0 ? -n U-~ ::Jl: ----\ '-1[.0 ~ I [n X{JJ 2:::0 -< rn~ 2:C' I TJfn (r') (.-,h '-" -....9 -<:"'7 ~ f--::5 " ~C) ~ ..'.....,- zC :Jl: ~;....-d :-.:;~O ~?C) ,PC .. .()m Z ~ =< ,J:- -< c" "' , > ~"";" PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. (X) -.)pit? Ci(')l(Y~ EDWARD V. ~LLOGG ANDMARYE.P. KELLOGG, : CIVIL ACTION - LAW Defendants : CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Respectfully submitted, SAIDIS, SHUFF & MASLAND n.re. fi';OD By itdfd~J) Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 :c. ""'__ "" ..i.-;.~;.,:. '~ '~:c.' ~,,~ "'~lilfM~~"'I'jlftllT.:- ~,ilfl!:o\j " lal:'""'II'O ~'.~ ~~."lI1i " - 'r'-'~""""jOOAO. '~ ~iiIll!tli~r - r. ," ,-~'~,., ,- ,~ ~ .' '." , "il" ""' ",-- 0 0 ~ c: <:::> ;;;: :x -----I "'Qm ;I>o ::r: c-r'i':]J mm -< . ,- Z:r; I .ug ZS; (.11 :D (J), 0 -<.c.. =?, ;:;::0 " i5:J.:! ~o :x -"",{") )>0 c- Orn ~ ?5 .c- -< \[ ..'- 'c~' ,__m '" ^ '=",. !"- ~ - ,~ m..~' PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Do - ;)1>~7 C2~()t..t (~ EDWARD V. KELLOGG AND MARY E.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT CERTIFICATE OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; and that the last known address of the Defendants, Edward V. Kellogg and Mary E.P. Kellogg, is 816 Anthony Drive, Mechanicsburg, Pennsylvania 17055. Respectfully submitted, SAIDIS, SHUFF & MASLAND D'" 1'3/(1:) By: Karl . Ledebohm, Esquire Supreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 rd,,~,( '4" , :bll~". :~~~" ;'~';""~~lIll~l:i4.'1l~.llil~JlWL: -,- ~ - --- '~ ,~- ~, ',' .2, -- , '",,~,~"L' ''-' ,__,~w" _'d ~." , ~ fc) 0 0 C- O 0 """ 'l'! -os.. 3: !;pro 0-/ rn :Do .J:::n ::n -< rn__ ~s;: I r- -orn ~..?-: Ul ~~ ",0 -0 )> ZO :JJ;; :r~ )>0 0- ~ ,J;:- iSFri .1:- ~ -< ~"'. "" PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. EDWARD V. KELLOGG AND MARYEP KELLOGG, Defendants , . ",J,_ ~1,,; , : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D0 - ~'t1 CI~L{ < !~ : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certifY, to the best of my knowledge, that the Defendants, Edward V. Kellogg and Mary E.P. Kellogg, in the above-captioned action are not presently on active or nonactive military status, - sr/oD Respectfully submitted, SAIDIS, SHUFF & MASLAND By: 1M. lJedebohm, Esquire upreme Court ill #59012 2109 Market Street Camp Hill, P A 17011 (717) 737-3405 ";"" . ..-.""....', ....""i_""~'.'.......'~iM<!lj~~lt~~- ,~, .'-' ". ' "'< _.~~.~ ','0 0 0 0 ~~ C 0 -" ~ ~ s: :x -Ow ;;:. ::;:j 111m ?OJ:; ::n ~ Z:n -< . or-- ZS-;;: I ~Dm C-., ~L U1 cog c5 c5 ~c :~'Ti r ~o -0 ........ :x c5:n ~ ,~o 2:0 -'-'~n .J~c .c- O' ~ ....... ~ ?& ~ .C:- IU -< - \ E:' J , ,'", ,-,,~~,~ ~ ,-' ,','0-' -, t:" ~,~ ;"," ^.' '1!.;c' PNC BANK, NATIONAL ASSOCIATION, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C'D - ;lpJ..tl Ctu l~ I~ EDWARD V. KELLOGG AND MARYE.P. KELLOGG, Defendants : CIVIL ACTION - LAW : CONFESSION OF JUDGMENT NOTICE TO: Edward V. Kellogg and Mary E.P, Kellogg Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. IF YOU HA VB ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 NaA~,K~ ' Prothonotary r ",-''-,'0: ,> '.'", ." , ~',fL " , ""--,..,-"- ":,:,,,;c '" >'~t,'. :.:'~~':..'_:-,:' ~>__;"i 'J, ,-,~-;'-"-->-- " -'(-:>~-" ',', -.", PNC BANK, NATIONAL ASSOCIATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. civil Action - Law EDWARD V. KELLOGG and MARY E. P. KELLOGG, Defendants No. 2000-2847 civil PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter our appearance as counsel for Defendants, Edward V. Kellogg and Mary E. P. Kellogg, in the above-captioned case. KEEFER WOOD ALLEN & RAHAL, LLP Dated: cg, )50)0 t> BY:~~ - ~ I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendants) :.' ,-,',,,,.' '" ~ "0-<''''''- - ,- -- ,- "" "',~,:.,, ',' , " ,. ;,' ~,-",'~ ~",,-"' -', ',- ' ''-;'';:'''''-- -, ,- ~'_:~" :,-;;;,;-:;,,;';~'~:;''.'>';: ::,:'" ".""",<o'-"'>"t~',-., """'S"~ -,' i-__ ~;'",~, ,; ,c,j, c~,:;,"..':'" t :0, ~:;:~~ " '_ ; , '"-'",,"'" "';""~:'hS'\ CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe Prepaid Addressed as Follows: Geoffrey S. Shuff, Esquire Karl M. Ledebohm, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 2109 Market Street Camp Hill, PA 17011 (Attorneys for Plaintiff) Dated: e !:SV!C5[> ~~~, adford Dorrance ............ ,,-,,~_o .;:;';;;:';i " ""''''-''' " ,', '{'C.;;,::;;;;..,,,;.,, i, C,,,'::;;': :', _,c,.-",,,, ,".' 'i,'; ::;:'.:,;,: ';..., .. ',... ,;", (j C <.'~ ~~F~ 2:~, ---::~ " ~~~:. ~~ ~~~ j::~~~ ~ ".CC ,.,,' J,.", :g-:J<!t (::: CM) ':,J) :...) :;:) ..,j ,:1. _.:.<;j,J ~;~ '''is '-< '" 17'" - ~ "~--" - " 'd""""'_M, -'c ,p ?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PNC BANK Plaintiff No. 2000-02847 v. EDWARD V. KELLOGG and MARY E. P. KELLOGG, Defendants PRAECIPE TO THE PROTHONOTARY: Please docket the enclosed order from the United States Bankruptcy Court, and mark the captioned judgment discharged in bankruptcy. Thank you. Respectfully submitted, Dated: 2S )d\ )05 By: . JACOBSON '- ",-, .,... - Forin DIS-70(Official Form 18) . (9/97) - ' UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In Re: ) KELLOGG, EDWARD V ) ) 513 E WINDING HILL RD ) Case Number: 00-05655RJW-1 MECHANICSBURG, PA 17055 ) ) KELLOGG, MARY E P ) ) 513 E WINDING HILL RD ) Chapter: 7 MECHANICSBURG, PA 17055 ) ) ) Debtor ) Social Security No(s).: ) Debtor: 374.54-0436 Joint: 377-48-7993 ) ) ) ) ) DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: April 4, 2001 BY THE COURT~. JE&l~} ,A~ Robert J. Woodside Chief United States Bankruptcy Judge SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION FILED HARRISBURG PA APR -9 Clerk, U.S. B~nk ptcy Court ~,:iiillIilI"""J",,~^ 1~ :i', ",.c. , I l..:.C. :~~':,~,,'-;,'-' .~:~L, ,,,~~ """"""~ili~~~~'';'' lItildt'1!li\I1 ~~," - - ~,- .....;,o~ ,~..J ,.. ' ." 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