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Home My WebLink About00-03666 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION No.: 00-3666 CIVIL Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: vs. TIlEODORE P. RUSS and SANDRA A. RUSS, PRAECIPE FOR DEF AUL T JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff I Hereby certify that the last known address ofDefendant(s) is/are: 2205 W 01 ut Street Harrisbu , P 17 COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~" - "<, -~-.- -"'.. -",I ",""O_;:.',,"C-J'.)k "-"~,, ,"',-,' -,'-' -- -,";-;1..",::<, ;-,,,,;.:, ;~--.; i--;;'" ." , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defendants. PRAECIPE FOR DEF AUL T JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Theodore P. Russ ~d Sandra A. Russ, in the amount of $316,205.67 which is itemized as follows: Principal Interest to 6/13/00 Late Charges to 6/13/00 Other Fees ~d Costs Attorneys' Fees ~d Costs (15% oftotal amount due) $ 250,000.00 $ 24,438.42 $ 1,280.83 $ 40.00 $ 40.446.42 TOTAL $ 316,205.67 plus interest on the principal sum ($250,000.00) from July 25, 2000, at the default rate of $118.06 per diem, plus additional late charges, ~d costs (including additional escrow adv~ces), additional attorneys' fees ~d costs ~d for foreclosure ~d sale of the mortgaged premises. By: Scott A. ie e c, sq Ire Attorney for laintiff PA!.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 :! ~~, ' ",--, ~;--"" <"i;;"'..<-~> J'. ;.' ,.>,p-, AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEF AUL T JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices ofIntent to take Default Judgment were mailed in accordance with Pa. R.c.P. 237.1, as evidenced by the attached copies. Scott A. Dietterick, Esquire Sworn to and subscribed before me thi~ay of h ,2000. VPl!l::M ~ Notary Public My Commission Expires: NOTARiAl SEAl IiICt1ElLE ELUOTT, NOTARY PIIBUC HUMMELSTOWN, ~~UPHI" COUIl1'Y, PA L_J!~9Y!~~~~~"S:::~RES ~UNE 9, 2003 !' '--,'-',",'- ." _ ,:' ":;> ;~t::_;~; _ ,- "',' ." __ ,~-~ ___"T "0--',-,;,-.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Theodore P. Russ ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on.J~ :1'7 ( ~oO ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $316,205.67 plus interest on the principal sum ($250,000.00) from July 25, 2000, at the default rate of $118.06 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. ~ 00-- 0 J P ~O?/.>d J Deputy "~"- '. ~~- .,. ~ . ~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Sandra A. Russ ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $316,205.67 plus interest on the principal sum ($250,000.00) from July 25, 2000, at the default rate of $1 I 8.06 per diem, plus additional late charges, and costs (including additional escroW advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy I ;~_,-: _ ~::"--: ~-J':: ~- - ",', -;,,.::---:j:L,-:_: ~ -," >.--:~,'. @~_litt of tlp~ ~4:erir_. William T. Tully Solicitor Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Mary Jane Snyder Real Estate Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EASTERN SAVINGS BANK FSB vs County of Dauphin RUSS SANDRA A Sheriff's Return No. 1392-T - -2000 OTHER COUNTY NO. 00-3666 AND NOW: June 22, 2000 at 8:00PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon RUSS THEODORE P by personally handing to HIM 1 true attested copy (ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2205 WALNUT ST. HARRISBURG, PA 17103-0000 Sheriff Pa. Sworn and subscribed to before me this 23RD day of JUNE, 2000 ,,,,"o~;,PrMMu0' By Sheriff's Costs: $62.00 PD 06/20/2000 RCPT NO 138122 ET/DC of" ~~_,_ ~~ - -~ - ".~"'_JIl_~-fR" @jtt~ of t4c ~1rP:ri(_" William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EASTERN SAVINGS BANK FSB vs County of Dauphin RUSS SANDRA A Sheriff's Return No. 1392-T - -2000 OTHER COUNTY NO. 00-3666 AND NOW: June 22, 2000 at 8:00PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon RUSS THEODORE P by personally handing to HIM 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2205 WALNUT ST. HARRISBURG, PA 17103-0000 ...~. ~)~) PROTHONOTARY Sheriff Pa. Sworn and subscribed to before me this 23RD day of JUNE, 2000 By Sheriff's Costs: $62.00 PD 06/20/2000 RCPT NO 138122 ET/DC ,~. ~ - -"- ~"~'_ll~r ::J.tiJ;:<,;J:<.J.l:".t<":::; K,t;'.L'UKl\I - UUT U.t" LUU1\JLl CASE NO: 2000-03666 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS RUSS THEODORE P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RUSS THEODORE P but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE 29th , 2000 , this office was in receipt of the attached return from DAUPHIN On June Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dauphin County 62.00 .00 99.00 06/29/2000 JAMES SMITH DURKIN CONNELLY County Sworn and subscribed to before me this day of A.D. Prothonotary T ",,,"~w,, .::Jt1b.Kl...t'1:' . i:J .r<;..D 1. UL"'i.J.\I - VU.l. vr. \.....vvJ....J....J... CASE NO: 2000-03666 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS RUSS THEODORE P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RUSS SANDRA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE 29th , 2000 , this office was in receipt of the attached return from DAUPHIN On June Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/29/2000 JAMES SMITH mas Kllne ff of Cumberland County DURKIN CONNELLY Sworn and subscribed to before me this day of A.D. Prothonotary ""'i'ffl''''''''''.l, ~~ ~-~ ....-- ~~ .......-= lEI The Court of CQ':"""'IDOlll Pleas of Cumbe:rbiJ)'''':! County, Penn.sylvania Eastern Savings Bank, FSB VS. Theodore P. Russ, et. al. Serve, Theodore P. Russ No. 20-3666 Civil Now, 6/19/00 ,20 () C, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . . //~. . ~~~t Sheriff of Cumberland County, PA Affidavit of Service Now, ?O . , _ , aT o'clock M. served the within upon at by handing to copy of the ori gin al a and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ; 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ :~~ -, ~.~ '~'H~~ In The Court of C()'""lmon Pleas of Cumbe.rlar"'l County, Pennsylvania Eastern Savings Bank, FSB VS. Theodore P. Russ, et. al. Serve: Sandra A. Russ No. 20-3666 Civil Now, 6/19/00 , 200" , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize fue Sheriff of Dauphin C01mty to execute this Writ, this . deputation being made at the request and risk of the Plaintiff. . . .. rfJ,?~~~ SheriffofCmnberland County, FA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy ofthe original a and made known to the contents thereof. So answers, Sh eriff of County, PA Sworn and subscribed before me this _ day of ; 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ "'liI~ ~ .'~~~N""""~" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. IMPORTANT NOTICE TO: Sandra A. Russ 2205 Walnut Street Harrisburg, PA 17103 DATE OF NOTICE: July 14,2000 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TillS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 '""'1, ~-~ ~. "~ ,~" ,~,~,--, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. A VISO IMPORT ANTE A. Sandra A. Russ FECHA DEL A VISO: July 14,2000 USTED ESTA EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 DATE: -'7/14/(71 I ' CONNELL Y LLP BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Seo A. . ietterick, Esquire PA!.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 -,~,~ ~ " "~~~~ . "". ,~,~, "-,""- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. IMPORTANT NOTICE TO: Theodore P. Russ 2205 Walnut Street Harrisburg,PA 17103 DATE OF NOTICE: July 14, 2000 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOnCE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 -"''''!)~r ? """""",,,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. AVISO IMPORTANTE A. Theodore P. Russ FECHA DEL A VISO: July 14, 2000 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERlDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 DATE: J 1'4( rOo JAMES, SMIT ,. \.. , . -f ~I BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Scott A. Dietterick, Esquire PA LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 """'" ~~ "all1 U.:Ill,"" Ji!II'rl" 'ilII'.'.'" .~, , '-- ' " " .~Jj'-:r ~~ 2g () ~ Jij -:-...- 0\ '>- ~ -- ~ h. -. ~< --J ..... ('''J ~,~:~ C'" 0... ~ C):S 06 ()> 1.;_- Q:~~ 0 ~ - [-. "~~~ IQ '*i ~ C',J n-:::;::: 0 ~~~i ;L!LL/ ci- ~ ,:-;]0...... T~ c::_! :::::> ~ ,- 0 U .'k. h '-"',-'.' ,.:, C-;i:: '. ,. ~ '_h "' .,-., -.:;;ji .',"- "; '-,-"",~,,"^,~,,;~,_~,'_'i"0.'~~ 'cO',_.. ' ~,:"_.-_ j""'_L ,'" -",,",., ~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DMSION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A RUSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Theodore P. Russ 2205 Walnut Street Harrisburg, P A 171 03 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting ofa statement of the measured boundaries of the property, together with a brief mention ofthe buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberland County .. "'_~ .~. ,._ c'~"__"'_""._ "' ".;._, " ~ _O~C_ ,_, ->;'.__ " _ .___j,_,~_. "___,./,~_, ",-,-, ',:-,A.~.;~: n.--,';:'<i;&": ,~-_ .;"'od-t, >/t. ,__ The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ and Sandra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons andlor governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS P APERIS 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. A lawyer can advise you more specifically ofthese rights. !fyou 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 Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 .. " "_'_'0 _. J . '-"e__. ~ ~: "',",-,'- '"'' - ~_2-<; 0---' L," "'00 <",_~,-{"-'---'..';'^~-~,,",",j,'.{-'k-;'__ .,_~_ ,__.;._>. ,." <" ,'^" "_.,'r~'_< \j:.',," ',,""";_" ,', . . THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cwnberland 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 Cwnberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cwnberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cwnberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:-# BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 .--".' -';',- -,-',;"., . . LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of . the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 2S seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 3S seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. ... BEING the same premises which D.E. Lutz alk/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Company as Trustees of the Progress Foundation, by Deed dated July 16,1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ and Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B --'"-~' ili;-li..~~~~_~~~~U.'t'= Jlli--.Ilili",f' ~~W'l .-, ~.. -- l4: ., I ~ I Iti It Iii i. ~ ., tH "' w 'r] I Ii c' f ,. I. I' Ii 0 CJ 0 C --n $': (/) ::;J -U 0:.: rrJ h"; =~~ m ~ ~ z \-n ~~T 'D _,J (:;::} (-"; () .. -, r:::C_l <J -~ -. ~C) .- -~ '---,_J r~::' -0 N 3;\1 Pc ..-\ Z W ..",. ~ (J1 ~ - "- ~ . in",~ '~;-~'-,"'_~o--.,..:-,,,,,'" '_'-'"__r_;"_",",-,^_~_~,~~,r;>_'~,,,,,, r..i - - - . -" '. r~...'~:~'; ~ '_ -0>' j. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CNIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 850 Bicentennial Drive, Carlisle, Cumberland County, Pennsylvania 17013: 1. Name and Address ofOwner(s) or Reputed Owner(s): THEODORE P. RUSS 2205 Walnut Street Harrisburg,PA 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, P A 17103 2. Name and Address ofDefendant(s) in the Judgment: THEODORE P. RUSS 2205 Walnut Street Harrisburg, P A 171 03 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff 4. Name and Address of the last record holder of every mortgage of record: EASTERN SA vmGS BANK, FSB Plaintiff A ----." - ~-, ~, - . . ,"- '.,'-".;.--.0. ,'. ,_'_,'-.'" .';"0";7.;"7"_'-::;>"";:".;,,",_ . '--".0...' '".". ,,',.i."_.' '-c: '~-"'_"'-'''.J' ,~;-',~:;;{,,,;";,--::,~i,,"~;,:, " . . 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cwnberland County Courthouse One Courthouse Square Carlisle, P A 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. DATED: qll~I01 I I JAMES, SMITH CONNELLY LLP BY: Scott . Di tterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Iii'" "I :-- ';",""" :i'-1 .: -_i~ '-,' -., ,.,.", ,~"".,~ "~'" ~'r"' " "--, ~ -- ----~ . " 0 a 0 ~ -'"j 'n -OCT: .-" ""--,., IJ;r~'; -'" :'i::;: Z::x-' ~{li? z<;- t.D 03 ~~ :-:jSf1 ;:$.. v _I~,~J ~1~~ :i;:(l ZC) J:? Pc: l..) -::.-1 ~ :.,.) 5.J Ul -< ~- -~, ,," ,-~_r_ """,.~". ," ., ,',~ , # k ;,1 '.,.1 ~ , '! I~!.'i ~ ~ II H i ~ ._~:~" ,1-, " ~ . -,. .,. < _Ce-',,"'_- "~', =;_~- __'...".,_ ,-,_,~_._, '" , , . r J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DNISION NO.: 00 - .)1..'-' CiOLl y~ Plaintiff, vs. TYPE OF PLEADING THEODORE P. RUSS and SANDRA A. RUSS, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Eastern Savings Bank, Plaintiff Plaintiff, TO: DEFENDANT(.) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCW COMPLAINT WITHIN TWENTY (20) DAYS FROM VI HEREOF RADEFAULT JUDGMENT OU. COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 I HEREBY CERTIFY mAT THE ADDRESS OF THE PLAINTIFF IS: 11350 McConnick Road, Suite 200 Hunt Valley, MD 21031-1026 AND TIlE DEFENDANT(S): 2205 Inut Street Harris r 1\ JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CERTIFICATE OF WCATION I HEREBY CERTIFY mAT THE LOCATION OF THE EST1\: ECTED BY TIllS LIEN IS 850 Biee . Carlisle, PA 17013 A " h' '[~-, . 'A_' - . -. -" ", -~ j, -- r".",_"i'ch_Cl.;. ,_ " , J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: vs. THEODOREP.RUSS~d SANDRA A. RUSS, Defend~ts. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint ~d notice are served, by entering a written appear~ce personally or by attorney ~d filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you ~d a judgment may be entered against you by the court without further notice for ~y money claimed in the complaint or for ~y other claim or relief requested by the plaintiff. You may lose money or property or other rights impo~t to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 - .he ',' ,",; C., ;0'.-""',,,,- _,~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: VS. THEODORE P. RUSS ~d SANDRA A. RUSS, Defen~ts. A VISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las dem~das que se presen~ mas adel~te en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Dem~da y A viso radic~do personalmente 0 por medio de un abogado una comperencencia escrita y redic~co en la Courte por escrito sus defensas de, y objecciones a, los dem~das presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe ~teriormente,el caso puede proceder sin ustedy un fallo por cualquier suma de dinero reclamada en la dem~da 0 cuaiquier otra reclarnacion 0 remedio solicitado por el dem~d~te puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VA Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 - ,';- ,;,,- , '-__"-'i.m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: ttO _ 3(,(; {. Ct:u;:l,.,~ vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Eastern Savings Baok, FSB by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Eastern Savings Baok, FSB, which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryl~d 21031-1026. 2. The Defen~ts, Theodore P. Russ ~d S~dra A. Russ, are adult individuals whose last known address is 2205 Walnut Street, Harrisburg, Pennsylvania, 17103. 3. On or about December 10, 1999, Defend~ts executed a Note in favor of Eastern Savings Baok, FSB (hereinafter "Eastern") in the original principal arnount of $250,000.00. A true ~d correct copy of said Note is marked Exhibit "A", attached hereto ~d made a part hereof. 4. On or about December 10, 1999, as security for payment of the aforesaid Note, Defen~ts made, executed and delivered to Eastern in the original principal amount of $250,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds ofCumberl~d County on December 14,1999, in Mortgage Book Volume 1587, Page 213. A true ~d correct copy of said Mortgage containing a description -,^ , .c. ~~_' .:;,'<,. ". ,.",:.", 'Jo'.' 'J ,~,,_ ~~." ';' of the premises subject to said Mortgage is marked Exhibit "B", attached hereto ~d rnade a part hereof. 5. Defen~ts are the record ~d real owners of the aforesaid mortgaged premises. 6. Defend~ts are in default under the terms of the aforesaid Mortgage ~d Note for, inter alia, failure to pay the monthly installments of principal ~d interest when due. 7. On or about April 13, 2000, Defen~ts were mailed a Dem~d Notice requiring Defend~ts to cure the default within thirty (30) days, but to date, Defen~ts have failed or refused to cure said default. A true ~d correct copy of said Dem~d Notice is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due ~d owing Plaintiff by Defen~ts is as follows: Principal Interest to 6/13/00 Late Charges to 6/13/00 Other Fees and Costs Attorneys' Fees ~d Costs (15% of total arnount due) $ 250,000.00 $ 19,479.90 $ 1,067.36 $ 40.00 $ 40.446.42 TOTAL $ 311,033.68 plus interest on the principal sum ($250,000.00) from June 13,2000, at the default rate of $118.06 per diem, plus additional late charges, ~d costs (including additional escrow adv~ces), additional attorneys' fees and costs ~d for foreclosure and sale of the mortgaged premises. , , -, . ". ",'-';--' -," " , .---~ ; _-o'._>'C:'-b;'~'"__;"'_;:1:,_( .._ '".' _,:-~.',_-~, WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$311,033.68, with interest thereon at the default rate of$118.06 per diem from June 13,2000, plus additional late charges, ~d costs (including additional escrow adv~ces), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, S BY: Scott A. Die Attorneys for laintiff PA!.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. c".... ~.. . PROMISSORY NOTE .,j $250,000.00 December 10,1999 850 Bicentennial Drive, Carlisle, Pennsylvania 17013 and 2205 Walnnt Street, Harrisburg, Pennsylvania 17103 (pro-petty Address) WHEREAS, Eastern Savings Bank, fsb, a federally chartered savings bank, ("Lender") has agreed to loan Theodore P. Russ and Sandra A. Russ, his wife (the "Borrower") the sum of Two Hundred Fifty Thousand and 001100 Dollars ($250,000.00), or so much thereof as may actually be advanced from time to time, in connection with the above-referenced fee simple properties located in Cumberland and Dauphin Couuties, Pennsylvania (the "Properties"), among other things; and WHEREAS, the Loan and this Note are secured by, among other things, first Mortgages of even date on the Properties, which Properties are more particularly described in the Mortgages, and the improvements on the Properties. NOW THEREFORE, for value received: 1. Promise to Pay. Borrower promises ui pay to the order of Eastern Savings Bank, fsb, at its office at Executive Plaza 2, 11350 McConnick Road, Suite 200, Hunt Valley, Maryland 21031, or at such other pJac~ as the holder of this Note may from time to time designate, the sum of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), together with interest thereoo as herein:jfter provided and any other sums which hereafter may be owing to the Holder of this Note by the undersigned on or before the 1st day of Jannary,2005. 2. Interest. Interest shall be chargeable as follows: A. Interest shall be chargeable at tbe tate of Flfteen and 00/100 perceut (15.00%) per annum accruing and payable in arrears except as otherwise provided, from the date of this Note through Jauuary 1, 2005, or until this Note has beeo paid in full. B. Interest under this Note shall be calculated on the basis of a three hundred sixty (360) day year and charged on the basis of a three hundred sixty (360) day year. 3. Payments. Payments shall be due as follows: A. Interest shall accrue and be payable in arrears. B. Commencing on February 1, 2000, and continuing on the first day of each month through January 1, 2005, payments of principal and interest in the amount of $3,202.08 shall be due and payable. " , """'",,5 - ~ -- -lIi6 "........- ~ C. NotwiUtstanding Ute foregoing provision for payment in ins1Jlllments, on Jannary 1, 2005, Ute entire ontstanding balJInce of principal, interest and oUter charges shall be due and payable in full. Lender is under no obligation to refInance the loan at that time. Borrower will, Uterefore, be required to make payment out of other assets that Borrower may own, or Borrower will have to find a lender, which may be Lender, willing to lend Borrower Ute money. If Borrower refinances this loan at maturity, Borrower may have to pay some or all of the closing costs nonnally associated wiUt a new loan even if Borrower obtains refInancing from Lender. 4. AD{>lication of Pavments. All payments hereunder shall be applied first to any late penalties and oUter sums owing the holder of this Note and to accrued interest before being applied to principal. 5. Preuayment. If, within thirty-six (36) months from the date of the Note, I make full or partial prepayment, or the Mortgage securing this Note is foreclosed, the Note Holder may collect a prepayment premium equal to 7.50 % of Ute principal balance which is being prepaid. If I make a partial prepayment, Utere will be no delays in the due dates or changes in the amounts of any monthly payments unless the Note Holder agrees in writing to those delays or changes. 6. lAte Char~e1Default Interest. Should any principal or interest due hereunder not be received by the holder of this Note within ten days after the due date, Uten Ute undersigned agrees to pay a late charge equal to ten percent (10.00%) of Ute delinquent payment, or the maximum late charge pennitted by governing law, whichever is less. In addition, it is hereby expressly agreed that shonld any defanlt be made in payment of any ins1Jlllment of interest andlor principal under this Note continuing for ten (10) days after Ute due date thereof; or should any breach or default occur under the Loan Documents, and be continuing, the balJInce of Ute principal sum shall bear interest at Ute rate equal to two percent (2.00%) per annum above Ute applicable rate of interest on this Note until paid (Ute "Default Rate"). 7. Acceleration. In Ute event of a sale, assigrunent or transfer of the property secured by the aforesaid Mortgage wiUtout the written consent of the holder of this Note, or defauit in the payment of any ins1Jlllment of principal or interest due hereunder beyond the date when due or upon the occurrence of any event of default. as defined in the Mortgage or any of the oUter loan documents of even date herewiUt which secures Ute indebtedness reflected by this Note, the holder of the Note may, in its sole discretion and without notice or demand declare the entire unpaid ha1ance of principal plus accrued interest, late charges, and applicable prepayment fee, if any, immediately due and payable. This remedy is not exclusive, and in the event that Ute Loan is reinstated, the right to accelerate also shall be reinstated. 8. Confession of JudementlEnforcemenl. In addition to any other remedy, upon any default which has not been cured within applicable notice and grace periods, the . undersigned authorizes any attomey admitted to practice before any court of record in the United States, including courts of the State of Pennsylvania, on its behalf to confess judgment against it in the full amount due on this Note plus attorneys' fees of 15 % of the outstanding balJInce, accrued interest and late charges. The undersigned (and any sureties, guarantors and endorsers of this Note) waives the ~ ....~ ,)\ . '~I ._~ benefit of any and every statute, ordinance, or rule of court which may be lawfully waived confening upon it any right or p:rivilege of exemption, stay of execution, or supplementary proceedings, or other relief from the enforcement of a judgment or related proceedings on a judgment. Upon any default, the holder may exercise, in addition to any of the rights provided herein, any other rights provided by law or in the Mortgage of even date herewith. 9. Subseauent Holder. In the event that the holder of this Note shall aSsign' or transfer this Note for value, the undersigned (and any sureties, guarantors and endorsers of this Note) agrees that all subsequent holders of this Note shall not be subject to any claims or defenses which the undersigned (and any sureties, guarantors and endorsers of this Note) may have against a prior holder all of which are waived as to the subsequent holder, and that all subsequent holders shall have the rights of a bolder in due course with respect to the undersigned (and any sureties, guarantors and endorsers of this Note) even though the subsequent holder may not quaIify, under applicable law, absent this paragntph as a holder in due course. Nothing in this pamgraph shall be deemed a waiver by the undersigned of any claims it may have against Eastern Savings Bank, fsh. 10. Miscellaneous. A. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers of this Note. B. ' This Note shall be the joint and several obligation of all makers, guarantors and endorsers, and shall be binding upon ,them and their heirs, snccessors and assigns. C. This Note shall be conslrned and govemed according to the laws of the Stale of Maryland, including Subtitle 10 of Article 12 of the Commercial Law Article of the Annotated Code of Maryland, as amended, and federal law , except with respect to foreclosure, which shall be govemed by Pennsylvania law. D. Borrower represents and warrants that the Loan is being obtained for commercial or investment pUlpOses. B. Headings contained in this Note are for convenience only and have no substantive meaning. ;iL -""......- .. . ~-; r". .~ IN WITNESs WHEREOF, the Borrowers have executed and sealed this Promissory Note on the day and year first above written. WITNESs: Theodnre P. Russ (SEAL) Sandra A. Russ (SEAL) i,\almrcdlfctcICOlDll1ercI\llI8IiIIOto.doc .~' "'.'.'. i"i ',' ;~~~k~:f~ l'i.~1>,&_I;'.:f. ,~~-~ '" ~~ - ~, -~"" ", - ""- ".i(l:>n ~ ~ MORTGAGE. ASSIGNMENT OF RENTS AND SECURITY AGREEMENT THIS MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT (the "Mortgage") is made this 10" day of December, 1999 between Theodore P. Russ and Sandra A. Russ, bis wife, (collectively, the "Grantor") and Eastern Savings Bank, fsb, a federally chartered savings bank (the "Lender"). WHEREAS, the Grantor is justly indebted to Lender in the principal amount of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) representing the balance of a commercial loan of even date to Grantor which sum the Grantor has promised to pay to Lendor pursuant to the terms of a Promissory Note (the "Note") to Lender of even date herewith in ehe aforementioned amount, due and payable on or before January 1, 2005; and WHEREAS, it is a condition precedent to sucb loan by Lender to the Grantor that the Grantor execute and deliver this Mortgage to Lender and subsequent holders of the Note as security forthe payment of the principal and interest payable under the Note. NOW, THEREFORE, WITNESSETH: That for and in consideration of the foregoing and in order to secure the payment by the Grantor of the debt evidenced by the Note and any other sums payable under the Note or hereunder, the Grantor does hereby mortgage, grant and convey unto Lender, and its snccessors and assigns, all the right, title and interest of Grantor in and to that parcel of land termed the "Real Property" being located in Cumberland County, Pennsylvania, and more particularly described in Exhibit "A", attached to this Mortgage, aod incorporated in it by reference. TOGETHER with all of the Grantor's right, title and interest in and to (i) all buildings and improvements now or hereafter sitnated thereon or therein; (il) all rights, privileges, easements, hereditaments and appurtenances now or hereafter thereunto helonging or appertaining; (ill) all fIxtures and equipment now or hereafter installed in, on or about the aforesaid property by or on behalf of the Grantor or any owner of the aforesaid property and used or for nse therein, thereon or thereabout - all of said property being declared by the parties hereto to be real flXtnres and part of the aforesaid real estate whether attached to the free-hold or not; provided, however, that trade flXtnres and other personal flXtures of any tenant now or hereafter installed on or about the aforesaid property are not intended to be included in this provision except to the extent of Grantor's interest therein; (iv) all warranties of every natnre conveyed herein or encumbered hereby, and all after acquired properties conveyed herein or encumbered hereby; (v) all of the property conveyed above or otherwise conveyed to Lender herein or hereafter and each and every part thereof; ~_~i~: -~~D ..!~~~~'- ~ " .-,- , -. t.w~ <c- ,-, '- J TOGETIIER with all right, title and interest of Grantor, now owned or hereafter acquired in and to all tangible personal property (the "Personal Property") owned or leased t Grantor and now or at any time hereafter located on or at the Mortgaged Property or used in connection therewith; TOGETHER with all right, title and interest of Grantor in all policies of insurance, insurance proceeds and condemnation proceeds pertaining to the Real Property (subject to the limitations set forth herein); TOGETHER with all plats, drawings, engineering studies, contracts, agreements, licenses, approvals or other intangibles relating to the development of the Real Property; TOGETHER with all and singular the rights, alleys, ways, waters, easements, tenements, privileges, advantages, accessions, hereditaments and appurtenances belonging or in any way appertaining to the aforesaid land and other property, and the reversions and remainders, rents, issues and profits thereof and including any right, title, interest or estate hereafter acquired by Grantor in the aforesaid land and other property; TO HAVE AND TO HOLD the said Real Property with improvements thereupon and all the rights, easements, rents, profits and appurtenances and all other property described above (all of which is hereinafter somelimes called the "Mortgaged Property" or the "Property") belonging unto and to the use of Lender, and its successors and assigns; For the benefit and security of Lender and for the enforcement of the payment of the principal and interest under the Note and compliance with the terms, covenants and conditions of this Mortgage and of the Note executed of even date herewith, (collectively, the "Loan Documents"). Provided, however, that if the principal and interest payments under the Note and all other sums payable under the Note and hereunder are paid when due, and if all of the covenants of the Grantor set forth in the Loan Documents shall be performed by the Grantor, all without fraud or delay, and upon satisfactory proof being given to Lender that the principal debt and all interest payable under the Note and all other sums secured hereunder have been paid, Lender shall release this Mortgage and reconvey the Mortgaged Property to the Grantor. This Mortgage is made upon the following terms, conditions and covenants: I. The Grantor covenants and agrees to pay all installments of interest under the Note and any other sums payable under the Note or hereunder promptly wben due and shall comply with all covenants and obligations set forth in the Loan Documents. 2. The Grantor shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and 2 '.',.... .".' ~,,"" ';-' ~'f,~;~ .,;,~\.;- :,"\.~:~' -~ "~~~ ~ ,~ JJ assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly hazard or property insurance premiums; and (c) yearly flood insurance premiums, if any. The Funds shall 'be held by Lender in a non-interest- bearing account. Upon payment in full of all sums secured by this Security Instrument, Lender sball promptly refund to Borrower any Funds held by Lender. 3. The Grantor covenants and agrees not to make, suffer or permit any use of the Property which will create or cause to exist :a fire or other hazard, nor will Grantor in any way increase the risk caused by an existing or future hazard. 4. The Grantor covenants and agrees to allow any authorized representative of Lender access to the Property (i) at any time without limitation during an emergency as detennined solely by Lender and (Ii) otherwise during normal business hours and without advance notice, such right of access being granted herein for the purpose of allowing Lender or its designed to ascertain whether the terms, covenants and conditions of this Mortgage and all other Loan Documents are being fulfilled. 5. The Grantor covenants and agrees not to commit any waste of the mortgaged Property nor pennit nor suffer any waste thereof by others, and to keep the Mortgaged Property in good order and repair. 6. The Grantor covenants and agrees to maintain adequate financial records: a. The Grantor will keep adequate records and books of account pertaining to the Mortgaged Property in accordance with generally accepted accounting principles and will permit Lender, by its agents, accountants, and attorneys to examine the fmancial records and books of account and to discuss its affairs, finances, and accounts with the Grantor at such reasonable times as may be requested by Lender. b. The Grantor and the Guarantors, if any, on request by Lender will furnish to Lender with reasonable promptness, copies of income and net worth statements for their respective most recent fiscal years. c. The Grantor, within ten (10) days of any request by Lender, will furnish a written statement, duly acknowledged, of the amount of the outstanding indebtedness to Lender secured by this Mortgage, the amount of accrued interest as of a specified date, and whether any offsets or defenses exist against the indebtedness secured hereby. 7. The Grantor covenants and agrees to keep the Mortgaged Property free from all statutory liens and from liens, encumbrances and claims of every kind whether junior or senior to the lien of this Mortgage. The Grantor covenants and agrees to 3 :~-' , ..'. '.....'. .- ,.', . , ,:-," <~ ,'-~~'if;', .;~~t ~J~t~i '.' ~. ,;) payor bond off from time to time when the same shall become due, all lawful . claims and demands of mechanics, material men, laborers and others which, if unpaid, might result in, nr pennit creation of, a lien on the Mortgaged Property or any part thereof, or on the revenues, rents, issues, income and profits arising therefrom, and in general the Grantor covenants to do or cause to he done everything necessary so that the lien hereof shall be fully preserved, at the cost of the Grantor, without expense to Lender. 8. The Grantor covenants and agrees, at its expense, to maintain a general public liability insurance policy covering the Mortgaged Property with limits of not less than $1,000,000.00 for bodily injury and death of one or more persons and $100,000.00 for property damage. The Grantor shall furnish Lender with a certificate of such policy and for all renewals thereof, together with evidence of the payment of any premiums coming due during the loan term atleastlWenty (20) days before the expiration of the existing policy. The Grantor shall at all times maintain workmen I s compensation insurance in accordance with applicable state law. 9. The Grantor covenants and agrees to keep any improvements upon said Property constantly insured against loss by ftre with extended coverage in an amount reasonably satisfactory to Lender in all respects so as to avoid any claim on the part of the insurers for co-insurance and, in addition, to keep in full force and effect policies of insurance insuring against such other hazards, casualties, and contingencies as Lender may reasonably require. Such policies will be on sucb forms, in such companies, for such periods, and in such amounts as Lender may require from time to time with loss payable to Lender. The Grantor covenants and agrees to deliver the policy or policies required herein or pursuant hereto to Lender as additional security; and, where renewal policies are necessary in tbe performance of this covenants, the Grantor covenants and agrees to deliver such policies to Lender at least twenty (20) days before the expiration of the existing insurance, together with a receipt showing all premiums paid in full. All ftre and bazard insurance proceeds may be applied, at Grantor's request, to the restoration of the Improvements provided that the following conditions are satisfted: (i) in Lender's Judgement, sufficient funds are available and/or committed, including insurance proceeds, to complete the restoration; (il) no event of default exists under any of the Loan Documents, and no event or condition has occurred which with the giving of notice or passage of time or both will constitute an Event of Default under any of the Loan Documents; (ill) Lender shall have received, reviewed and approved all plans and specifications to be used for such restoration; and (iv) the proceeds shall be held by Lender and the disbursement of all funds held for such restoration shall be controlled by Lender and accomplished in a manner satisfactory to Lender in its sole discretion. If the Property is abandoned by Grantor, or if Grantor fails to 4 0" .'Ji' 3 respond to Lender within 30 days from the date notice is mailed by Lender to Grantor that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Grantor otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in Paragraph I hereof. If the Property is acquired by Lender, under the tenos of this Mortgage, all right, title and interest of Grantor in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Mortgage immediately prior to such sale or acquisition. 10. The Grantor covenants and agrees promptly to comply with and obey all laws, ordinances, rules, regulations, requirements and orders of every duly constituted governmental or other public authority with respect to: a. all restrictions, specifications, or other requirements pertaining to products that it sells or to the services it perfonns; b. the conduct of its business; c. the use, maintenance, and operation of the real and personal properties owned or leased by it in the conduct of its business; d. the obtaining of all necessary licenses and pennits necessary to engage in its business; and e. the making, storing, handling, treating, disposing, generating, transporting, or release of hazard substances. II. The Grantor covenants and agrees not to allow any lien or claim of title prior to the lien or title created by or conveyed in this Mortgage or prior to the lien or title created by or conveyed in any of the other Loan Documents, to attach to said Property or any other realty or personalty conveyed in or encumbered by any of the Loan Documents after the date hereof and covenants to take such actions as the Lender shall deem necessary or desirable in Lender's exclusive opinion to protect the Lender's rights, titles or interest herein, and in all other Loan Documents. The Grantor covenants not to default in any agreement or obligation of any nature whatsoever affecting the Mortgaged Property or any part thereof or tbe occupants thereof or which affect, directly or indirectly, the value of the Mortgaged Property 5 ':<i'I'" ,~~:; "'\ ;,i;~ ,.~'i "' ~"",""" ";) or any or all of the Loan Documents, or the rights, titles or interests of the Lender thereunder. 12. a. Grantor covenants and agrees to pay when due all rents and other payments to be paid by it, and to perfonn all covenants, agreements and undertakings to be perfonned by it under any lease, sublease or ground lease which may affect or constitute a portion of, or an interest in, the Mortgaged Property. Grantor further covenants and agrees that it wili not, without the prior written consent of Lender, which consent shall not be unreasonably withheld, assign, consent to the cancellation of or surrender of, or accept prepayment of rents under, any lease now or hereafter covering any part of the Mortgaged Property, nor modify any such lease so as to shorten the tenn, decrease the rent, or accelerate payment of rent, and any such purported assignment, cancellation, surrender, prepayment or modification made without consent or'Lender shall be void as against Lender and shall constitute an event of default hereunder. b. Grantor further covenants and agrees that should, at any time, any recordation or transfer taxes or documentary stamps be assessed in connection with this Mortgage, Grantor wili pay the same within fIfteen (15) days of receiving notice of the assessment (under protest if Grantor desires). c. Grantor covenants and agrees not to cause, allow or pennit the sale, assignment or transfer, voluntarily, involuntarily, or by operation of law, . directly or indirectly as by the sale of stock in any corporate owner, by any person, fInn, or company, of the title or the equity of redemption or transfer . of any partnership interest, or any legal or equitable interest, in the Mortgaged Property, in whole or in part, unless such sale, assignment or transfer is consented to in writing by Lender which consent shall be in the sole and absolute discretion of Lender after submission by the Grantor of such fmancial statements and such other documents which Lender may require. Notwithstanding the foregoing, the shareholders in Grantor may transfer shares in Grantor to a spouse or lineal descendent by inter vivos gift or otherwise for estate planning purposes. d. If required by Lender, Grantor agrees to execute an Assignment of Security Deposits in fonn and content satisfactory to Mortgagee. 13. Lender may, at any time and from time to time, without affecting the priority or the validity of the lien of this Mortgage or the liability of any person (other than the person released pursuant hereto) and without notice of any kind: 6 ~'I";~" {', :;, 1~~ ~~(. ': -~~ l'?~. . ,,,,,", L - .~ .'"...w;,~'1 '-' ~ (i) Waive or amend any of the covenants, terms or conditions of this Mortgage or of the Note or other Loan Documents, or grant any forbearances or extensions in the performance thereof; or (ll) Release any portion of the Mortgaged Property with or without payment upon the principal debt secured hereby, or waive the priority of the lien of this Mortgage on all or any part of the Mortgaged Property; or (ill) Release any person primarily or secondarily liable for the payment of the Note or the performance of the Grantor's covenants under this Mortgage; or (iv) Accept additional security of any kind. 14. If the Grantor should fail to pay any taxes, water or sewer rents, assessments, charges, claims, costs, expenses or fees required to be paid under the terms of this Mortgage, or to maintain insurance, or to make all necessary repairs to the Property, as provided herein, or if the Grantor fails to perform or observe any other term, covenant or condition of this Mortgage or other Loan Documents after any required notice from Lender and after the expiration of any applicable grace period, Lender shall have the right and is hereby authorized without order of any court to make advances or payments on behalf of the Grantor in order to rectify the default and to t?ngage counsel in connection therewith; and all such advances or payments made by Lender and all reasonable legal and other expenses incurred by Lender in connection with the rectification of such default or in order to protect the lien and security of this Mortgage or enforce any of the covenants and conditions contained herein shall be added to the indebtedness hereby secured and payable by the Grantor to Lender promptly upon demand, together with interest thereon until paid at the rate which is set forth in the Note; and such sums and interest shall be deemed secured by this Mortgage. 15. Until the occurrence of an event of default hereunder (but not thereafter) the Grantor shall be entitled to possession of the Mortgaged Property, the use and enjoyment thereof and the right to receive the rents and profits the=f. Upon the occurrence of any event of default under this Mortgage, Lender, its successors and assigns, shall be entitled to the rents and profits of the Mortgaged Property, and for such pmpose such rents and profits are hereby assigned to Lender as additional security. Grantor represents and warrant that such rents and profits have not been assigned to another party as security for another debt. If this representation is false, it shall constitute an event of default under this Mortgage. Upon the occurrence 0 i an event of default hereunder Lender shall also be entitled, at its election, to the immediate appointment of a receiver for the Mortgaged Property, without notice to the Grantor and without regard to the adequacy or inadequacy of the property as security for the payment of the Note. 7 ~, ...~ \iiJ/ 16. Under the terms of the Note, Lender and subsequent holders of the Note may declare the entire principal, accrued interest and other sums secured thereunder and under this Mortgage to be fully due and payable immediately upon the occurrence of an event of default under this Mortgage. Without any limitation on the obligations of the Grantor or any Guarantor, in addition to any other act defmed as a default in any of the Loan Documents, the happening of one or more of the following events shall constitute an event of default under this Mortgage, and the other Loan Documents: a. failure by the maker of the Note to make payment within the time period set forth therein, of any sum requiIed to be paid to the holder of the Note under the terms of the Note and such failure continues after any applicable grace period set forth in this Note; b. failure of the Grantor to keep the Property properly insured or to deliver insurance policies to Lender as above requiIed; c. failure of the Grantor to perform or obServe any of the other terms, covenants, or conditions to be performed or observed by the Grantor hereunder or under the Promissory Note or other Loan Documents which is not cured within thirty (30) days after written notice to Grantor except that if such failure cannot be cured during such 30 days then such additional time as may be necessary so long as Grantor is diligently pursuing such cure, as determined by Lender. d. if the Grantor of the Note makes a deed of assignment for the benefit of creditors or mes a petition for relief under any law of the United States or any state pertaining to bankruptcy or insolvency, or suffers the filing against it of any involuntary petition under the laws of any state or of the United States of America pertaining to bankruptcy or insolvency and such involuntary petition is not dismissed within sixty (60) days after filing; e. creation of any unpermitted lien or encumbrance on all or any part of the Property, whether or not junior to the lien of this Mortgage; provided, however, that a judgement against Grantor, any attachment or other levy against the Property, any mechanic's lien, or a lien by operation of law shaD not be considered a violation of this prohibition if it is paid, stayed on appeal, discharged, bonded or dismissed within thirty (30) days; . f. sale, assignment or transfer, voluntarily, involuntarily, or by operation of law, directly or indirectly as by tbe sale of stock in any corporate owner or transfer of any partnership interest, by any person, firm, or company, of the title or the equity of redemption, or any legal or equitable interest, in the Mortgaged property, in whole or in part, unless such sale, assignment or transfer is permitted hereunder or consented to in writing by Lender; provided, however, that if the Mortgaged Property consists of individual lots or parcels, the Grantor may convey such individual lots contained in the Property if Lender is 8 f~^ -~,:~:;~: }\t@! t!"" )ll' ,. , ~--- i&l&',':; ,..... - ~ "". ~~,-- .~.. ~- ;;, -J paid the Release Fee, and if Grantor is not in default under any of the Loan Documents; g. failure of the Grantor Ito perform or observe any of the terms, covenants, conditions, or obligations of the Grantor to be performed or observed by the Grantor under the provisions of any other promissory note or loan documents executed by the Grantor as a part of any other loan transaction with Lender hereunder. 17. Upon the happening of an event of default, at the option of Lender: a. Lender shall have the right to declare the amount of principal of the Note then unpaid, with interest thereon as provided in the Note, to be due and payable immediately and upon such declaration the principal of, and interest on, the Note then outstanding shall forthwith become and be due and payable as fully and to the same effect as if the date of such declaration was the date originall)' specified for the maturity of the unpaid balance of the Note; b. the Grantor shall, at any time or times, upon demand of Lender, forthwith surrender to Lender possession of the Mortgaged Property, or any portion thereof, as for condition broken, and without process of law, either by applying for appointment of a receiver, obtaining an assignment of rents or otherwise, Lender immediately shall have the right to enter upon, take and maintain possession of all or any part of the Mortgaged Property, together with all records, documents, leases, books, papers and accounts of the Grantor relating thereto (including without limitation of the foregoing ennmeration, all sets of plans, specifications, building drawings, licenses and permits), and as the attorney-in-fact or agent of the Grantor (irrevocable) or in its own name, acting under the assignment of rents herein made, and under the powers herein granted, Lender shall have the right to hold, operate and manage the Mortgaged Property and to receive and dispose of income, rents and profits therefrom, and to make and fIle reports with respect thereto, to deduct reasonable costs of collection, management fees, and administration expenses, to apply the net rentals to the payment of operating expenses andlor on account and in reduction of principal and interest due under tbe Note, in Lender's sole discretion, all as the Grantor is required to do under this Mortgage prior to the occurrence of sucb event of default, but witbout any of the restrictions placed upon the Grantor under this Mortgage; c. tben and from thenceforth the Grantor hereby irrevocably authorizes and empowers the prothonotary, clerk of conrt or attorney or any court of record of any appropriate jurisdiction to appear for and confeSs judgement against the Grantor, as well as against all persons claiming under, by or through Grantor, and in favor of Lender, its successors or assigns, as of any tenn, past, present or future, with or without declaration, for possession andlor 9 Wlr i~~' __l;'( 'i\;'~' . "'IiIIIil';~ """, .- J) control of the Property (without the necessity of filing any bond and without any stay of execution or appeal) for which this instrument (or a copy thereof verified by affidavit) shall be a sufficient warrant; whereupon, appropriate process to obtain possession andlor control of the Property (including levy and execution) may be issued forthwith, without any prior writ or proceeding whatsoever, Grantor hereby releasing and agreeing to release Lender'and sair" attorneys from all procedural errors and defects whatsoever of a procedural nature in entering such judgement(s) or in causing such writs or process to be issued or in any proceeding thereon or concerning the same, provided that Lender shaII have med in such action(s) an affidavit(s). made by someone on Lender's behalf setting forth the facts necessary to authorize the entry of such judgement(s) according to the terms of this instrument, of which facts such affidavit(s) shaII be prima facia evidence; and it is hereby expressly agreed that if, for any reason after any such action(s) has been commenCed, and the same shaII be discontinued, marked satisfied of record or be terminated, or possession of the Property remains in or is restored to the Grantor or anyone claiming under, by or through the Grantor, Lender may, whenever and as often as Lender shaII have the right to, again take 'possession of the Property, bring one or more further confessions in the manner hereinbefore set forth to recover possession of tbe Property, arid the authority and power above given to any such attorney shaII extend to all such further confessions; d. then and from thenceforth it shaII be lawful for Lender, its legal representatives or assigns, to sell, transfer and set over the mortgaged Property or any portion or parcel thereof, and all other right, title and interest of the Grantor of, in and to the same, at public auction, as provided by law; and as the attorney of the Grantor for that purpose by these presents duly and irrevocably autborized, constituted and appointed, to make, seal, execute and deliver to the purchaser or purchasers thereof, a good and sufficient assignment, transfer or other conveyance in the law, for the Mortgaged Property or any portion or parcel thereof, with the appurtenances; which sale, so to be made, shaII forever be a perpetual bar,both in law and equity, against tbe Grantor and against all persons wbo may at any time claim tbe Mortgaged Property or any sucb portion ot parcel tbereof, by, from or under it; e. Lender shall bave tbe rigbt: (i) to cause tbe Mortgaged Property, or portions or parcels tbereof in such manner and order as Lender in its sole discretion see fit, to be sold upon sucb terms and conditions and in such manner as it may deem advisable, at public or private auction, at some convenient place in Cumberland County, Pennsylvania, upon giving to tbe Grnntor not less than ten (10) days notice in writing of the time and place of such sale; to adjourn any 10 'p ~ _2~~_H&_ 'C --- - '-' . .~ such sale from time to time hy announcement at the time and place appointed by such sale or for such adjourned sale; and upon the completion of any such sale to execute or cause to he executed such deed, assignment, hill of sale, certificate or other assurance to the purchaser as may he necessary to pass the title to the property so sold, and such sale, when made, shall forever be a perpetual bar, both in law and equity, against the Grantor and against all persons who may at any time claim the Mortgaged Property or such portion or parcel thereof, by, from or under the Grantor; (ii) to institute judicial proceedings for the complete foreclosure of this Mortgage under any other applicable provision of law; and the Grantor hereby assents to a decree for the sale by Lender of the Mortgaged Property or any portion or parcel thereof after an event of default hereunder; (ill) to protect and enforce tbeir rights under the Note and this Mortgage, or any of them, either by suit or suits in equity or at law, in any court or courts of competent jurisdiction, whether for specific perfonnance of any covenant or agreement contained herein, or in aid of execution of any powers herein granted, or for any foreclosure under this Mortgage, or for any other sale of the Mortgaged Property or any portion or parcel thereof, so far as may he authorized hy law, or for the enforcement of such other or additional appropriate legal or equitable remedies as Lender may deem most effective to protect and enforce such rights; (iv) to exercise any and all other rights and remedies available to it by law or equity, without further stay. any law, usage Of custom to the contrary notwithstanding; f. Lender, as a matter of strict right and without notice to the Grantor or anyone claiming under it, and without regard to the then value of the Mortgaged Property, shall have the right to apply to any court having jurisdiction in the premises to appoint a receiver or receivers of the Mortgaged Property, and the Grantor hereby irrevocahly consents to such appointment and waives notice of any application therefor; any such receiver or receivers shall have all the usual powers and duties of receivers in like or similar cases and all the powers and duties of the Trustees in case of entry as provided in Subparagraph (b) of this Paragraph 17, and shall continue as such and exercise all such powers until the date of confirmation of sale, unless such receivership is sooner tenninated; g. each of the then Lessees, if he or it is the occupant of the Mortgaged Property or any part thereof, shall, upon demand of Lender, immediately surrender possession of the premises occupied to Lender, and if such occupant is pennitted to remain in possession, the possession shall be as tenant of Lender and such occupant shall, on demand, pay monthly in advance to Lender rental 11 i~l~ ~('1'1t 4,~1i .. . '"'~ . - .~ . " ~ for the space as provided in the lease or otherwise agreed with Lender, and in default thereof such occupant may be dispossessed by the usual summary proceedings; in case of foreclosure and the appointment of a receiver of rents, the covenants contained in this snbparagraph may be enforced by such receiver; , h. Lender may, but shall not be required to, complete construction of, and market, the Improvements contemplated by the Loan Documents at Grantor's expense, and perfonu such other acts as may be deemed necessary by Lender to protect the estate herein granted, and any sums expended by Lender shall become part of the sums secured hereby; and, all rights and remedies hereby granted or otherwise available to Lender shall be cumulative and concurrent and may be pursued singly, successively or together at the sole option of Lender, and may be exercised from time to time and as often as occasion therefor shall occur until the indebtedness hereby secured, with all interest thereon, is paid in full. 18. Upon any default sale of the Property, the net proceeds of the sale after adjustment of taxes, other expenses of the property andthe cost of transfer, pursuant to the tenus of sale, shall be applied as follows: a. First, to the repayment of all expenses incident to such sale, including a counsel fee of fIfteen percent (15 %) of the outstanding balance and accrued interest and late charges, and a commission to the party making the sale of the property equal to the commission allowed trustees for making sale of property in the County in which the property is located by virtue of a decree of the Court having equity jurisdiction. b. Second, to the payment of all claims of Lender under the Note, or Loan Documents, whether the same shall have matured or not, and all claims of Lender under this Mortgage. All payments hereunder shall be applied fIrst to late penalties and other sums owing Lender under the Note or Loan Documents, and to accrued interest before being applied to principal. c. Third, to the payment of all claims of Lender on any other loan between the Grantor and Lender, if any such other loan is in any respect in default. d. And the smplus (if any) to the Grantor, its personal representatives, successors or assigns or whomever may be entitled to the sarne. 19. The failure of Lender to exercise any right hereunder or the delay in the exercise of any right or remedy hereunder shall not in any way affect this Mortgage or the rights of Lender or be deemed a waiver of such rights or remedies exercisable with respect thereto. Any rights, powers, options or remedies contained herein or available to Lender at law or in equity with respect hereto, shall be construed and ~2 .:~~ti\..-. ;~'~~I-"_;r",: !<I~, . '~)~~.~;' ,. '~~r"M" " '-"'" -,,~- J{ "~ --'-- -, ~ . , " ~... ., ",,' ~ deemed as cumulative, and no one or more of them as exclusive of any other or of any rights or remedies now or hereafter given or allowed by law. 20. The Grantor, immediately upon obtaining knowledge of the institution of any proceeding for the condemnation of the Property or any portion thereof covenants to notify Lender of the pendency of such proceedings. Lender may participate in any such proceedings and the Grantor from time to time will deliver to Lender all instruments requested by it to pennit such participation. In the event of such condemnation proceedings, the award or compensation payable is hereby assigned to and shall be paid to Lender to the extend pennitted under prior recorded deeds of trust. Lender shall be under no obligation to question the amount of any such award or compensation and may accept the same in the amount in which the same shall be paid. In any such condemnation proceedings, Lender may be represented by counsel selected by Lender and the reasonable cost thereof to be paid by Grantor upon demand. The proceeds of any award or compensation so received shall, at the option of Lender, either be applied without premium or penalty to the prepayment of the Note at the rate of interest provided therein regardless of the rate of interest payable on the award by the condemning authority, or to be paid over to the Grantor for restoration of the improvements. 21. Notwithstanding anything herein elsewhere contained, the Grantor shall not be required, to pay, discharge or remove or .cause to be paid, discharged or removed, any tax, tax lien or assessment, or any mechanic's or laborer1s or materiaIman1s lien, or any forfeiture or other imposition or charge against the Mortgaged Property or any part thereof or any improvements at any time situated thereon, so long as it shall in good faith contest the same or the valldity thereof by appropriate proceedings which shall operate to prevent the collection of the tax, lien, assessment, forfeiture, imposition or charge so contested and the sale of the Property to satisfy the same, and pending any such legal proceedings Lender shall not have the right to pay, remove, or cause to be discharged the tax, lien, forfeiture, imposition or charge thereby contested provided that there shall have been posted such security as may be required or pennitted by law to insure such payment and prevent any sale or forfeiture of said Property in the event that such proceedings shall be detennined adversely to Grantor. 22. Lender shall have full power to exercise all powers and discretions herein granted to Lender, including the right and power to execute any release of aU or any part of the Mortgaged Property. 23. Any notice, demand or delivery which may be given or made hereunder or with reference to this Mortgage shall be deemed given 48 hours after the date of mailin[. certified mail, return receipt requested, postage prepaid, and addressed: 13 Ji~', ."~t, ;l~~\ ~ " ~,>.""~ - :M' . . ~ " ~ .. To the Grantor: Theodore P. Russ Sandra A. Russ 2205 Walnut Street Harrisburg, Pennsylvania 17103 To Lender: clo Lender Savings Bank, fsb, 11350 McConnick Road, Suite 200 Executive Plaza 2 Hunt Valley, Maryland 21031 AnN: William J. Monacelli With a copy to: Richard C. Zeskind, Esquire Executive Plaza 2, Suite 200 11350 McConnick Road Hunt Valley, Maryland 21031. 24. Any party may change its notice address by giving notice to the others pursuant to the provision hereof. 25. . The Grantor agrees that in the event of the enactment of any law or ordinance, the promulgation of any zoning or other government regulation, or the rendition of an j judicial decree restricting or materially adversely affecting the use of the Mortgaged Property or re-zoning the area wherein the same shall be situate (if the Mortgaged Property is not covered by a grandfathered or nonconforming use provision permitting the continuance of the existing use of the Mortgaged Property), or any restriction or loss of the existing improvements, including parking and landscaping resulting from any encroachment onto adjacent properties, which Lender reasonably believes materially adversely affects the trust property, Lender may, upon at least sixty (60) days written notice to the Grantor, require payment of the indebtedness secured hereby at such time as may be stipulated in such notice and the whole of the indebtedness secured hereby, shall thereupon become due and payable. In the event that any specific tax or assessment (other than the Federal or State Income Tax or franchise taxes presently imposed under applicable law) is assessed directly or indirectly against the interest, or any part thereof, of Lender herein, or against the present or future holder or holders of the Note secured hereby, or against the indebtedness evidenced thereby, the Grantor herein agrees that it will pay any and all of such taxes before the same shall become delinquent; provided that if the Grantor shall fail to pay such tax, Lender may pay such tax and add the 14 "I'" " ,.. .;.: - ',;;~', -i, .~ . '~'" ~="-~. ~~ 1Iia,'-" ~ .' u amount so paid to the indebtedness of the Grantor secured hereby. Should the Grantor fail to pay any and all of such tax or taxes before the same shall become delinquent, or should any law be adopted by virtue of which any such tax cannot be added to the amount of principal or interest secured hereby, or should a court of competent jurisdiction render a decision that the undertaking by the Grantor herein is illegal and in-operative, then, upon the happening of any such events, the whole indebtedness, including principal and accrued interest herein secured, shall at the option of the Trustees andlor Lender, become due and payable notwithstanding anything to the contrary contained herein, or contained in the Note, and default shall exist hereunder. 26. Lender may extend the time of payment or agree to alter the terms of payment of the indebtedness and grant partial releases of any portion of the property included herein. 27. Lender may bid and become the purchaser at any sale under this Mortgage. 28. Grantor hereby grants to Lender a security interest in the Personal Property located on or at the Mortgaged Property, including any and all property described in the granting clauses of this instrument and any and all property of similar type or kind hereafter located on or at the Mortgaged Property, and in the proceeds therefrom, for the purpose of securing all obligations of Grantor contained in any of the Loan Documents. This instrument shall constitute a Security Agreement as defmed by . applicahle law. 29. The Grantor hereby grants, assigns and transfers to Lender all of the rents and other receipts from the Mortgaged Property (including all rents, issues, profits and all tenants security deposits), whether directly or indirectly or now or hereafter accruing with respect thereto, provided that prior to an event of default hereunder, Grantor shall have a license to collect all such rents and receipts. 30. The Grantor hereby covenants and agrees that the ahove loan evidenced by the Note was made or is being made for a commercial purpose to a business or commercial organization or to a person or persons, owning, operating, or desiring to acquire and operate a business, and the Grantor further covenants and agrees that the loan is heing transacted solely for the purpose of carrying on or acquiring a business or commercial investment. 31. Time is of the essence of this Mortgage and each and every term, covenant and condition herein. l5 ., ~ "". "--',i , , .. .;) " 32. The obligations of the Grantor berennder shall be binding upon its or their heirs, successors and assigns; and the benefit of all of tbe provisions bereof shall inure to all subsequent holders of the Note. 33. Grantor warrants and will defend generally the Property hereby conveyed and assigned, wbether now owned or hereafter acquired, subject only to those exceptions listed in Schedule B, Part I of the title insurance policy issued to and accepted by Lender in accordance with the binder previously accepted by Lender. Grantor covenants to cause the title insurance policy, in accordance with said binder, to be issued and delivered to Lender within forty.five (45) days from the ~rehereot . 34. The Grantor covenants to execute, and cause to be executed, such furtber assurances of title to the Property or all or any of the Loan DocumentS, and to take, and cause to be lJIken, such actions, including the institution and condnct of legal proceedings, as may at any time appear to Lender to be desirable to protect Lender's rights, titles or interest in the Property, or the Loan Documents, or to perfect tbe title thereto in Lender (as the case may be). Grantor covenants to defend, and cause to be defended, the claim or title of Lender (individually and!or collectively) in any of the Loan Documents, or the Note, or any part or all of the Mortgaged Property or of any other security therefore. IN WITNESS WHEREOF, the Grantors have executed this Mortgage. WITNESS! ATTEST: ,it. I~ ~ R lu41 (SEAL) ~RUSS C1~~ .~a {1. fLUJ-O Sandra A. Russ (SEAL) 16 , , , '- .".,C) \i.J;7 " STATE OF PENNSYLVANIA, County of 1J/Jd-tJJwJ , , to wit: I hereby certify that on this 10.b day of December, 1999, before me, the subscriber, a Notary Public oftbe State of Pennsylvania, in and for the County of /)/JdY7JJfV , personally appeared Theodore P. Russ and Sandra A. Russ, his wife', known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, ,and acknowledged that they executed the same for the pmposes therein contained. NolarlalSeal Linda B. Deaven, Nobuy PublIc Harrisburg. Dauphin County My CommIssIon ElCpIl'88 Feb. 25, 2002 M:::mt.er. PannS\lJvanla Assoclallon 01 N0t8nes My commission expires: g:\shared\fetc\coD1merel\rossmtg .doc 17 --, , ", - . ~"- ~~/ " ~" , ~.-'~":~.i-.. , . . . J ., EXHIBIT "A" ALL THAT CERTAIN LOT OF GROUND, with the improvements thereon erected, situate in the Third Ward ofthe Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and particularly described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said point being 215.82 feet from the eastem property line of other land of the Borough.of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 14 minutes 3S seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 2S seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East, 300 feet to an iron pin; thence by the same South 70 degrees 46 minutes 2S seconds, East 290 feet to an iron pin; the place ofBEGINNJNG. Containing 2.00 acres, and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office ofthe Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. The improvements thereon being known as 850 Bicentennial Drive. Parcel No. 04-22-0481-213B . .. " . .' . )AMEs SMrrn . ..<IN & CONNELLY LLP April 14, 2000 CERTIFIED MAIL RETURN RECEIPT REQUESTED FIRST CLASS U.S, MAIL Theodore P. Russ Sandra A. Russ 2205 Walnut Street Harrisburg, PA 17103 RE: DEMAND NOTICE $250,000.00 Promissory Note, dated December 10, 1999 $250,000.00 Mortgages, both dated December 10, 1999 on property known as 850 BicentenniaIDrlve, Carlisle, Cumberland County, Pennsylvania 17013 and 2205 Walnut Street, Harrisburg, Dauphin County, Pennsylvania 17103 Loan No. 1121233397 Dear Mr. ~d Mrs. Russ: Please be advised that you are in default under the terms of the above-referenced Promissory Note ("Note"), the two (2) Purchase Money Mortgage, Assignment of Rents ~d Security Agreements ("Mortgage") for, among other things, your failure to make the required payments when due. You are currently due for the monthly payments of $3,202.08 required under the Notefor February 1,2000 through Apri11, 2000, plus late charges and baok fees in the amount of$640.42 ~d bank fees in the amount of$568.00 for a total arnount past due of$10,814.66 Should you fail to cure the default by paying the full amount past due within thirty (30) days of the date of this letter, Eastern Savings Baok, FSB ("Eastern") intends to accelerate the total indebtedness due under the Note, the Mortgages ~d other lo~ documents, without any further notice to you, and may exercise any and all of its rights and remedies thereunder, including, but not limited to, foreclosure, judgment by confession ~d the collection of rents, if any. The amount due of$10,814.66 should be paid to Eastern in certified funds or cashier's check at the following address: Eastern Savings Bank, FSB, 11350 McCormick Road, Suite 200 Hunt Valley, Maryl~d 21031 Attention: Charles Fiehn, Collection M~ager ~, .,;,:; "b F:i' ICE S J6){ 134 SIPE AVENUE HUtvlMELSTOWN, PA 17036 MAILING ADDRESS: P,O. BOX 650 HERSHEY, PA 17033 TEL. 717_533,3280 FAX 717.53:3,2795 II\JFO@JSDLEGAl,COM HARRISBURG OFFICE 108 WALNUT 8T HARRISBURG, PA 17'101 (717) 238~4776 Scott A. Dietterick sdietterick@jsdJegal.com BUSINESS & COMMERCIAL lAW CIVIL LITIGATION CREDITORS' RIGHTS EDUCATION LAW EMPLOYMENT LAW ESTATE PlANNING FAMilY LAW INSURANCE LAW LAND USE MUNICIPAL LAW REAL ESTATE TRUST & ESTATE ADMINISTRATION ~" ~- "" ' ~i;'" AprirI3,'2000 Page 2 of2 . " , . ... I .. . ... r Please be advised that ~y failure by Eastern to exercise any or all of its rights and remedies is not a waiver of its rights and remedies, nor is it a waiver of your default. All rights and remedies of Eastern under the Note, Mortgages and other loan documents are preserved. Do not il!1lore this notice. Should you have ~y questions, please feel free to contact the undersigned. Sincerely, . letteric :mse cc: Charles Fiehn, Collection M~ager, Eastern Savings Baok, FSB - viafacsimile only 410-527-7602 ~- . . < .. -, -~- , - -". .-"'" '-~ " ,.; 0;. '1.'- '., . .... IIf " .. .. VERIFICATION I, Scott A. Dietterick, Attorney for Plaintiff, depose ~d say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing document are true ~d correct to the best of my information, knowledge ~d belief. Scott . ietterick Attorney for Plaintiff - ~. ";, . SHERIFF'S RETURN - OUT OF COUNTY . , CASE NO: 2000-03666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS RUSS THEODORE P ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and , Sheriff or Deputy Sheriff who being and inquiry for the within named DEFENDANT RUSS THEODORE P but was unable to locate Him /' deputized the sheriff of DAUPHIN County, Pennsylvania, to , to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE 29th , 2000 , this office was in receipt of the On June attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dauphin County 62.00 .00 99.00 06/29/2000 JAMES SMITH DURKIN CONNELLY County Sworn and subscribed to before me h' 7-fz- d f Q t lS _ ay 0 "f ~V'V1J A.D. ~(1.~~ Prothonotary ,,'" " ~ ,= SHERIFF'S RETURN - OUT OF COUNTY . CASE'NO: 2000-03666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS RUSS THEODORE P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RUSS SANDRA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 29th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 06/29/2000 JAMES SMITH So a mas Kl~ne ff of Cumberland County DURKIN CONNELLY Sworn and subscribed to before me this j JJ- !!: day of 0,,>, -!! I>1Yo A . D . ~ Q, l'hdi?;--; ~' . Prothonotar ,----"" < ;; 'Is The Court of Common Pleas of Cumberland County, Pennsylvania E~stern Savings Bank, FSB VS. Theodore P. Russ,et. al. Serve: Theodore P. Russ No.20-3666 Civil Now, 6/19/00 ,200", I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request andrisk of the Plaintiff. .. r~~-t:~.~ . Sheriff of Cum beri and County, PA Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ .~~ " L , , "lIli The Court of Common Pleas of Cumberland County, Pennsylvania Eastern Savings Bank, FSB VS. Theodore P. Russ, et. al. Serve: Sandra A. Russ N 20-3666 Civil o. Now, 6/19/00 , 20 C lJ , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . . ~~~~f:~1! Sheriff of Cumberland County, P A I Affidavit of Service Now , , 20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sberiff of County, PA 20 '- COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this day of $ ....."'...~... , ~- . ) . d _ .~.. ~ "~ ~~4lJ'.h / , @iiite nf tq~ ~4~:riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assis1Bnt Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EASTERN SAVINGS BANK FSB vs County of Dauphin RUSS SANDRA A Sheriff's Return No. 1392-T - -2000 OTHER COUNTY NO. 00-3666 AND NOW: June 22, 2000 at 8:00PM served the within COMPLAINT IN MORTGAGE FORECLOSURE RUSS ~XlK Sandra A. upon by personally handing to ~m her 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2205 WALNUT ST. HARRISBURG, PA 17103-0000 C-. Pa. Sworn and subscribed to before me this 23RD day of JUNE, 2000 PROTHONOTAR By Sheriff's Costs: $62.00 PD 06/20/2000 RePT NO 138122 ET/DC ~~ -.-,. ~ ~~ -~ ~-"""'"'~'-,J '=', ~t , @iiitt of t4~ ~4~:riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania EASTERN SAVINGS BANK FSB vs County of Dauphin RUSS SANDRA A Sheriff's Return No. 1392-T - -2000 OTHER COUNTY NO. 00-3666 AND NOW: June 22, 2000 at 8:00PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon RUSS THEODORE P by personally handing to HIM 1 true attested copy(ies) of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 2205 WALNUT ST. HARRISBURG, PA 17103-0000 ""'~. ~0AMw) PROTHONOTARY Sheriff " Pa. Sworn and subscribed to before me this 23RD day of JUNE, 2000 By Sheriff's Costs: $62.00 PD 06/20/2000 RCPT NO 138122 ET/DC f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Theodore P. Russ 2205 Walnut Street Harrisburg, P A 171 03 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthouse, South H~over Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6,2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings ~d ~y other major improvements erected on the I~d. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberl~d County ........~- ~ ~"- \t,~ The JUDGMENT under or purs=t to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ ~d S~dra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons ~d1or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received ~d to be disbursed by the Sheriff (for example to baoks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, ~d distribution ofthe proceeds of sale in accord~ce 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 Cumberl~d County, South H~over Street, Carlisle, Pennsylvania 17013. 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. 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. Cumberl~d County Court Administrator Cumberl~d County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylv~ia 17013 (717) 240-6200 " . ~~ , " ~, THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberl~d County to open the Judgment if you have a meritorious defense against the person or comp~y 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 Cumberl~d County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberl~d County., The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: fi/' jrJJ BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ,t...".,,,.,.,-~ ^^,'-, .' LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded and described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other l~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place of BEGINNING. CaNT AlNING 2.00 acres ~d thereon erected a two ~d one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumber1~d County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank ~d Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 ~d recorded on August 13,1986 in ~d for Cumberl~d County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ ~d S~dra A. Russ, his wife. Parcel No. 04-22-0481-23lB .. _",,,,..,l;. L, ..I.n~'U ~-'-' ,~-- 'm:!i~~lOOlm~Uf!~"'",..i!@j(;;;JiI;\l~~~ ~ _ .'-" ~" "~ ~, ,,",,--<1' .""", --~"~i " ~ T_ ~-~- - 0 '-",' C c..; -,;;. :S:,~ ,"/) V ,., '1 III L ,J Z Z , C.? . I .. -. ~. <: ;t:--.". d:."';C: -i_. ::-() cO Pc -~ :;.~ :)'1 ,.... -j \_f~1 -'--.. -- -< "-, II n " ! \. Ii )i i " I i I '-~ ..tot IN 'mE COURl' OF <nMJN PLEAS OF ClJIIIBERLI\Nl) COUNl'Y. PENNSYLVANIA CIVIL DIVISION Eastern SAvings Bank, FSB, Plaintiff vs. Theodore P. Russ and Sandra A. Russ, Defendnats File No. Arrount Due Interest Atty's Corrm Costs 00-3666 Civil 316,205.67 from 6/13/00 to date of sale $Zl,4!:l6.~L TO THE PRO'IHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A" attached PRAECIPE FOR ATTA<>>ID'lT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant ( s) described in the attached exhib~A- DATE: q (, ! (J,& Signature: ~ Print Name: Scott A. Dietterick, Esquire Address: P.O. Box 650 Hershey, P a 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Suprerre Court ID No.: 55650 " ~ ~ . . . LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded ~d described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other l~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to ~ iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place of BEGINNING. CONTAINING 2.00 acres ~d thereon erected a two ~d one-half story brick m~sion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberl~d County Office of the Recorder of Deeds, on the adjacent l~d retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long ~d Dauphin Deposit Bank ~d Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 ~d recorded on August 13,1986 in ~d for Cumber1~d County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ ~d S~dra A. Russ, his wife. Parcel No. 04-22-0481-231B ,.Ii!! Ulfl , -~,~ "- 'iiI_~~l1Iii~Jl,-~iitlW~~","~ "'~ ~'-'.Qfl'iL lihEi' "~ ="",.;. ~ ~ ~~ "-, , . (j c:--::} ...... -lQ. c: '."",- \) ~ ...... '-0 -..... s. r,r} ("::) ~ -c; t> ''',) ~ ~ -(q, ...:! -.a " '-0 ~ ITi\;', -~J f"'. -7'--r >- C> & 0 ~" () ~ 0 8 ::Z:C_ ~ B 0 (I)" .- Q () c () -<.~'-- r:'- , 0 ~r" '_,' "- "" \ I t I ~2 D ~ -v '-H' I" '(- ~ p ., _:~ 0 .~! -.,..., ~ r=- ...G.. =g -.0 r- -j ." 'cD -', tv CJ ~ ... , ... r~ 12 , , , ~ 0 , .. '!.v ~ ..., , ,... "" ;'f-1-l:- " ',-~" ~."""~O - - ~ ~.- ~. '. ~~ ~'""_. --"".1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 S~dra A. Russ 2205 Walnut Street Harrisburg, PA 17103 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthouse, South H~over Street, Carlisle, Pennsylvania 17013 on Wednesday, December 6, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings ~d ~y other major improvements erected on the I~d. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, PA 17013 Cumberl~d County ~ . , "~-..;. """"'1 , The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ ~d S~draA. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons ~d/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received ~d to be disbursed by the Sheriff (for example to banks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, ~d distribution of the proceeds of sale in accord~ce 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 Cornmon Pleas of Cumberl~d County, South H~over Street, Carlisle, Pennsylvania 17013. 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. A lawyer c~ 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. Cumberl~d County Court Administrator Cumberl~d County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylv~ia 17013 (717) 240-6200 . ~ 'l' U~. - .~ ," THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberl~d County to open the Judgment if you have a meritorious defense against the person or comp~y that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberl~d 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 Cumberl~d County., The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylv~ia 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: q /1100 BY: Scott . Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ",," LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded ~d described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other I~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along I~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to ~ iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place of BE GINNING. CONTAINING 2.00 acres ~d thereon erected a two ~d one-half story brick m~sion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberl~d County Office of the Recorder of Deeds, on the adjacent l~d retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long ~d Dauphin Deposit B~ ~d Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 ~d recorded on August 13,1986 in ~d for Cumberl~d County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ and S~dra A. Russ, his wife. Parcel No. 04-22-0481-231B .. {fi~. <e, llliill -'.!IlIilL'-' C~'''M~~~-~ ~ <- " ,-,; UliI' ~ ~ ~ ":i!jj 1i_.rTr~i:lIiIL () C ? "'D c;-.: 92:-;', ~~i,': ~"----; ~~~:. >~; ~'. ~ u<' c..' ~./) Tl ----0 l"-,J \..0 .:n tJ.:~ . , ~ _'. '" .-' :.,,'~" ,,",-~'b ",i.- ,'" ~ ,-'. ,', , :--: '-'-', "-:'___,~ ';- _ -J<",' 'n ,,-' "i--'" ,'_-, ,---,.l,w";,i,,;,,j .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil vs. ISSUE NO.: THEODOREP.RUSSand SANDRA A. RUSS, TYPE OF PLEADING: Defendants. Pa.R.c.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: , ,. FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff ,[ COUNSEL OF RECORD FOR THIS PARTY: ,", Scott A. Dietterick, Esquire Pa. J.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~~ , ^',~-,,-:;;-';';-.;i.,,',-[___;,:. --~-;: '. ,-',_e"_,,,' '",-;;;-,ojL , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST r I, Scott A. 'Dietterick, Esquire, attorney for Eastern Savings Baok, FSB, Plaintiff, being duly sworn according to law depose ~d make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defend~ts/Owners ~d Other Parties of Interest as follows: I. Defend~ts, Theodore P. Russ ~d S~dra A. Russ, are the record owners of the real property. 2. Onpr about September 25, 2001, Defend~ts, Theodore P. Russ ~d S~dra A. t Russ, were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Dauphin County, at their last known address being 2205 Walnut Street, Hainsburg, Pennsylvania 17103. True ~d correct copies of said Notices ~d Return of Service are marked Exhibit "A", attached hereto ~d made a part hereof. 3. On!or about October 17, 2001, Plaintiffs counsel served all other parties in interest with Plaintiff s Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursu~t to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True " "i' '~.' '-<, .~- ,,"- ,-' , >,,,' '..-,~~ " "'''.<'-'-~''J ~d correct copies of said Notices ~d Certificates of Mailing are marked Exhibit "B", attached , hereto ~d made a part hereof. Finally, the undersigned deposes ~d says that Defend~ts/Owners ~d all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accord~ce with Pa. R.C.P. 3129.2. JAMES, S & CONNELLY LLP Dated: I~/:)'/(JJ :( BY: Scott A. Di. . ck, Esquire Pa. J.D. #5 650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 'I Sworn to ~d sub~cribed before me this eM. day of '-1~ ,2001. ~ ~ f3!.u4-- Notary Public MY COMMISSION EXPIRES: NOHRI; HAL MICHEllE ElLIO! , "oTARY PUBLIC HUMMElSTOWN, DAUPHIN COUNlY PA MY COMMISSION EXPIRES JUNE 9 2003 . '. - I ;,;, .~ "-"'iii. Eastern Savings Baok, FSB VS Theodore P. Russ and S~dra A Russ In The Court of Common Pleas of Cumberl~d County, Pennsylvania Writ No. 2000-3666 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made diligent search ~d inquiry for the within named defendants, to wit: Theodore P. Russ ~d S~dra A. Russ, but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylv~ia, to served the within Real Estate Writ, Notice ~d Description, according to law. Dauphin County Return: Now, September 25,2001 at 9:33 o'clock P.M., served the within Real Estate Writ, Notice and Description upon Theodore P. Russ ~d S~dra A. Russ, by personally h~ding to Robin Russ, Daughter, one true attested copy of the original Petition for Judicial Sale, ~d making known to her the contents thereof at 2205 Walnut St., Harrisburg, P A 17103. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylv~ia. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01,2001 at 8:25 o'clock AM., E.D.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upen the property of Theodore P. Russ ~d S~dra A Russ, located at 850 Bicentennial Drive, Carlisle, P A, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster ~d Description in the following}llilllller: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Theodore P. Russ, by regular mail to his last known address of 2205 Walnut Street, Harrisburg, P A 17103. This letter was mailed under the date of October 2, 200 1 ~d never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster ~d 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: Sandra A. Russ, by regular mail to her last known address of2205 Walnut Street, Harrisburg, PA 17103. This letter was mailed under the date of October 2, 2001 ~d never returned to the Sheriffs Office. Sworn and subscribed to before me This day of - So An~wers: ~ .~ ";J ~,,< r ....,~-, R. Thomas Kline, Sheriff 2001, AD. Prothonotary By~t)~Smi:ti, R al Est e Deputy - '~ "2]' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CNIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Theodore P. Russ 2205 Walnut Street Harrisburg, P A 17103 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County CourthQuse, South Hanover Street, Carlisle, Pennsylv~ia 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings ~d any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHffiIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, PA 17013 Cumberl~d County "_0. '- .-jj)bi The JUDGMENT under or pursu~t to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ and Sandra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South H~over Street, Carlisle, Pennsylv~ia 17013. 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 soid or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. 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 Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ,~ , " '-"(, THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberl~d County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d COllilty Courthouse, One Courthouse Square, 4th Floor, Carlisle, PennsYlvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:# BY: , Scott A. Dietterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 - ~" '" ,lz.-. ,,"",'''.- """, Lsi- LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward ofthe Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank ~d Trust Company as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. R\lss and Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B '," ,( ~, ".- ""' ,-, , ' . ,': -"_, ....; _ ""'~" '-c. _-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Sandra A. Russ 2205 Walnut Street Harrisburg, P A 17103 TAKE NOTlCE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthc).Use, South H~over Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and ~y other maj or improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle,PA 17013 Cumberland County , ~;r'; , '~ -, ' ',j The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ and S~dra A. Russ A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds ofthe 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 thirty (30) days after the sale, and distribution of the proceeds of sale in accord~ce 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 Cumberl~d Cmmty, South Hanover Street, Carlisle, Pennsylvania 17013. 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. 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 Court Administrator Cumberl~d County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ,~ ,- . ,.;,. "' b'~' ~~.." THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~I BY: Scott A. i ., Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 , ~ . -' ,"" LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. house. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a!kIa David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank ~d Yrust Company as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ ~d S~dra A. Russ, his wife. Parcel No. 04-22-048l-231B , ~' "'-'." . ": ~ "~ ~- " - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION P1aintif4 NO.: 00-3666 Civil vs. THEODORE P. RUSS and SANDRA A. RUSS, Defu~ts. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO PIt.RoC.P. 3129(bl TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff ofCumberl~d County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 5, 2001 at 10:00 a.m., the following described real estate which Theodore P. Russ and Sandra A. Russ are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: . , 850 Bicentennial Drive Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). , ~ ' - u,.." The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff. , vs. THEODORE P. RUSS and SANDRA A. RUSS, Defen~ts. at EX. NO. 00-3666 Civil in the amount of$316,205.67, plus interest and costs. Claims against property must be illed at the Office of the Sheriffbefure above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule ofDistnbution will be illed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be illed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is illed in the Office of the Sheriff. If you have ~y questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LP . , Dated:~ By: Scott A. Di squire PA 10 #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 . ,..~ ~ . - LEGAL DESCRIPTION ALL THAT CERTAIN lot of gro\md with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast comer of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the pr=ises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz aIkIa David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Company as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ and Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B . , . , - "" -~W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintifi: CIVIL DIVISION NO.: 00-3666 Civil vs. THEODORE P. RUSS and SANDRA A. RUSS, Defen~ts. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.RoC.P. 3129(b) TO: Cumberland County Domestic Relations Cumberl~d County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 5, 2001 at 10:00 a.m., the following described real estate which Theodore P. Russ and Sandra A. Russ are the owners or reputed owners and on which you may hold a lien or have an interest whkhcowdbe affected by the sale of: . , 850 Bkentennial Drive Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). , -""'Ii The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plainti:rt: vs. THEODORE P. RUSS and SANDRA A. RUSS, Defendants. at EX. NO. 00-3666 Civil in the amount of$316,205.67, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY P Dated: 10 jl-'7 /0 ) By: Scott A. Di . k, Esquire PA ill #55650 Attomey for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ." ,j LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other land of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to an iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONTAINING 2.00 acres and thereon erected a two and one"half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough ofCar1isle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Company as Tmstees ofthe Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberland County, in Deed Book C32, Page 443 granted and conveyed unto Theodore P. Russ and Sandra A. Russ, his wife. Parcel No. 04-22-048l-231B U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: "',,~ ~-,.--, ',> ",\--' , On\ piece of ordinary mail addressed to~ CunJWCi.J t,,')tUy:J (/qp; B~,'l Cl{lILtb~' CrVJ~ ~ (jJv. ~. ,x::l'b ~ fA 00)] PS Form 3817, Mar. 1989 (~ m 't;l 1-:' >- c:; q-; .. .];'ili:'1:f-;..:.'.--"""C" . _._,,_~~_,,~,," .."""~".,.,,,"", ""'i'P"~''''- """... U,S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNAT10NAL-'MAIL, DOES NO PROVIDE FOR INSURANCE POSTMASTER ~ , Received From: '"'('.i'-'C" 01"'-' ,<"." JA~ "j ,t' (_:, H_E~_? - ~- ,p (:_~:..~ ,M " "'-i C .C ~.~, "",j :, ':.5"1 > '-" ,. ~ One piece of ordinary mail addressed to: ~ W f)~).( 16..&rJ;1..1I.-J 6Jf'!.!!'~:/1J..eJ (,. Cw:u~ ~ ~;v..jjiu., C~ fA-) '16) j PS Form 3817. Mar. 1989 fLu>..., }r*~.k;'~ 1.1~'!'J.. 1:'"" ..~,~_.-=-- ~~~.~~="' ]J ,."t!'i':,' <,_ ~__~ ..___, _,__ e.<<,<-'~__ _"__~'__'_'~''>~_''_''_'^.'' i,,:i!'l,!::!:........ ..:;;:;I;[i:lllj:;..,...... " )!:~<{:::~;:>-' .',",', ,.,;,:,.",. , :~~<:::~:~:)>:' .'N,:,-,'.',,',', ":,;:':<;:';':;:':'" '..,..., :,:,:.',:. ." ,:::-':::':':-.'" .-,.,>:::":" .;::::;<,:;.,,:, ,.", """"", '-:?: ".'; :<..' ",'.,',',' "-.,.'-'...._',': .'.,.',..... . ',,:':';:';' , '" 'W "~ , ,i ., c.:.:-, C::J C_,j ;:,..;"'( ~i!it N, ,,-,: ii~![\;~ ";~;i: ,..;' '.',',' .'-::' ',", . ',' .,-" ;;::J: ,:':', :::,::::. ','. ;i... \\i>~' " ~C'." ~:;..' : ,',;, ' ::;;::' .,-.,,'.',',.;',' ,- ." . ' -: , " :.:::: ~::. '::' :,',' ",N" ','.......,.,. ::::':-::;::';: ,,',':",'; .'.:,',:. ',',','...... :-:': .-~'.' :>:;:;:-: ::',:.', ." .','," " ',.-,',-,',-' .;.;.;,',"" ":-":'-;',',';",'. ", JlIiI '~'" ~~, _\1!1--"~ iU'.i!II~~~_Jlljl~i ",~ ~", ,_ ~"_'c "" 'iii' ~'" N-'_, 0 , , S;~ ~, " If', - '~ ~ ~:-;:- , ':"i ~' (i~ ()~ ~.: C) ~~ );': Q - 7": C) ~' ( f t..,) ;-1'1 C:: ~~ 7' ~ ''''-.) C) -< .-', " , . "'- -"--- ,~ .,.,-, ," ':" -,;,. ' ,. "" ;",>-j,;~-~,._~";;.;-;'-. -~ '" '--''','';,', ,., ';:,,- _OJ o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information conceming the real property located at 850 Bicentennial Drive, Carlisle, Cumberl~d County, Pennsylvania 17013: 1. Name ~d Address ofOwner(s) or Reputed Owner(s): THEODORE P. RUSS 2205 Walnut Street Harrisburg, PA 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, P A 17103 2. Name ~d Address ofDefend~t(s) in the Judgment: THEODORE P. RUSS 2205 Walnut Street Harrisburg,PA 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 3. Name ~d Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff <" ~ < '-__'f_ <", ~, ,'~"<-,',.;' '_~,'o'" "<_,"'<;L_'._-_:';'i___',~'" ,--,,oJ -'-'-,. . " 4. Name ~d Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB Plaintiff 5. property: Name ~d Address of every other person who has ~y record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberl~d County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name ~d Address of every other person who has ~y record interest in the property ~d whose interest may be affected by the sale: NONE 7. Name ~d Address of every other person of whom the Plaintiff has knowledge who has ~y interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberl~d County Courthouse One Courthouse Square Carlisle, P A 17013 I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information ~d belief. I underst~d that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. DATED: Q!7!<lC' t I BY: Scott A Dietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '-'';' j"'1'...jUlJ'W; ~~ I............,. ,"" iii" ~ .!--. ?- '~' ~U~"., '--... C) ,'- r) '~_r C C:I .,-;~ vl "D f~; n, e:) !, ~ - G :::: r~ ---- (f) r,<_ -< r:: , ~~ c:~ , ):: l.:) . c. :"':4 ~7 en )> ~'" ~, -< '. D -< Mi.:I8 ,-- .. lr, '" IN THE <XJURl' OF C(MoDIl PLEAS OF CIMIERLI\ND CXXJNTY, PENNSYLVANIA CIVIL DIVISION Theodore P. Russ and Sandra A. Russ, Df!fendants File No. Arrount Due Interest Atty's Comn Costs 00-3666 Civil $316,205.67 fLo,,, 7/25/00 to Elate sf Dale $6l,39L~0 Eastern Savings BAnk, FSB, plaintiff vs. TO THE PRO'IHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. , PRAECIPE FOR EXECUTION RE~ssue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See ,Exhibit "A" attached PRAECIPE FOR ATI'ACH1ENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as clbove, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description: supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (In,dicatel Index this writ against the garniShee(1ifiSl as a lindens real estate of the defendant(s) described in the attached exhib' . DATE: 9 ! l'f (0 ( Signature: I " Print Name: Scott A. Diettet,:i:t:k, against Esquire Address: P.O. Box 650 Hershey, PA 17033 Attorney for: Plaintiff Supreme Court ID No.: 717-533-3280 55650 Telephone: ~-- "=~~""-,,,,""'-,, I "~-'i'&1:;~""ii'L ~JU...r:'~'lilh~ ,J.....;..,,,,- "" Uliiit'" ^ - .~--' '"''''''~' , , - ,'-~, i I I I I I ,. ...... " ~ ~ (") 0 (.::J C -n ~ 'J ~ ~ s: U) '~ ~ V\ 0\ vU" r'1 '}\ ~ fTl fTl -0 ,',----,-- ~ ~ ,~~ ~ 1 Z""--:' - '" ~ ~ ~ ~ z:C .<;'~ L\ I:>.. ~~~: lD ", "'-.''---, ~Ci -0 ._--'-" ~, ---=-'-n , f ~ ~ \ ~C, -"" ::?Cj ,. ~ qrn t C r;y 5C ::;:: z: ON :0 =< .!:'" -< . ~ ~ . \ . ~ . ~.~ -, -- 'i;;'- ~ ~ ---t) I.-v lv '" ~ , , 'C --' ~ ~ LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward ofthe Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded ~d described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other l~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to ~ iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place of BEGINNING. CONTAINING 2.00 acres ~d thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz aIkIa David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long ~d Dauphin Deposit Bank ~d Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in and for Cumberl~d County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ and S~dra A. Russ, his wife. Parcel No. 04-22-0481-2318 ~!IWM i , ~"~~-~~~':4'l!_~"'- "~~""""'~"'Iii""~ ~".- ,~ ~ ~~ .. ~..~.~-~ ,~"~. ,'~ >l-j I I I " .. , -- 0 c"} () C -n_ S (,I) -DC] ["f1 tllfTi -0 z:n " zc \D ',~l ~t~j .. '--) _n-'"(' -0 ~.-:.:-; ':!:~ ~() ~~ gf';'\ ~2 ry ..-; ~ '"^' ?o ,!:'" -< ~"-' , v' ^ ., ,,'~-" -,">' ,,- ~",-,~",~.;.,~"" :-'C_',:i Je--":,"-",,, ;,' ,_"'",'.-;"""" ;"~~-d '_._;.",' -', " ,,--,,-~,.~<j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 S~dra A. Russ 2205 Walnut Street Harrisburg, P A 17103 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthouse, South H~over Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5,2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings ~d ~y other major improvements erected on the l~d. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberland County ,__'~<^__ a -,-. '~'~r-''';'-'' , ,:;'. --,Bi:,,--c"' '.-. '-,"i';"',kc ~-~ '-,;",~,<~ -'-" ; ~' ".";/',. . The JUDGMENT under or pursu~t to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ ~d S~dra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons ~d/or governmental or corporate entities or agencies being entitled to receive part ofthe proceeds of the sale received ~d to be disbursed by the Sheriff (for example to banks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriffthirty (30) days after the sale, ~d distribution of the proceeds of sale in accord~ce 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 Cumberl~d County, South H~over Street, Carlisle, Pennsylv~ia 17013. 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. A lawyer c~ 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 Court Administrator Cumberl~d County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~ -',-""' , '-.-"/--;'0--' ",. -'i!__'-""j_ -- ",J_ ',~, -"';"_w~"K" -~,' ,';,~ , "";"-tj, .~ THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumber1~d County to open the Judgment if you have a meritorious defense against the person or comp~y that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberl~d 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 Cumberl~d County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~1 BY: Scott A. i " Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -~~ ~~ . -" ~" _~l is,, LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded ~d described as follows: BEGINNING at an iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other l~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line and along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to an iron pin, the place of BEGINNING. CONT AIN1NG 2.00 acres ~d thereon erected a two ~d one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long ~d Dauphin Deposit Bank ~d Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 ~d recorded on August 13, 1986 in ~d for Cumberl~d County, in Deed Book C32, Page 443 granted ~d conveyed unto Theodore P. Russ and S~dra A. Russ, his wife. Parcel No. 04-22-0481-2318 _ ^"rr '-'" W'"'-A:~~~~~;.r!!>-~~~tNl;tJ~"""" ,,,,,,,,.,' " , "'''''''''-,~,. ,-'\",,- ,--*-' ,-,-~,- ", ~-, ,~~ ,'. 'd."'fi" - ,_~o. IIiIt ~, [l1iI;~" . 0 C)- ,-, C ~ -T'! ~ (n -u G"; cTl rn n-t --0 , Z:::C,i --" iTj -7 ~. (]j \.0 'y -< L_ , ~'~ J:::: C': - ~: U ( "" " ; ZC) I,'~j (~j -CI N 0'1 Pc: (') Z '-4 ::.,.) '1::,.. -' :J:J -< (fl -< '. 'I I I ""'"" - 1 i Eastern Savings Baok -vs- Theodore P. Russ ~d S~dra A. Russ ~J~~ ~;ti_i # In The Court of Common Pleas of Cumberl~d County, Pennsylv~ia No.2000-3666 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Law Library County Levy Postpone Sale Surcharge Certified mail Mileage Law Journal Patriot News Out of County Dauphin County Share of Bills Sworn ~d subscribed to before me This J 6' Ii:.- day of J...d-." () "1 200', AD. ~ O_ltl-"~h j ~ othonotary 30.00 14.87 15.00 15.00 .50 1.00 15.00 20.00 30.00 12.59 3.10 321.20 216.60 9.00 31.50 23.15 $ 758.51 Pd by arty 02/08/01 ~~ R. Thomas Kline, Sheriff ByLjtdt;- Real Estate Deputy \ ,60 Ck.- 31~bS r2.ev)IJ7t.,5' -'" " , ^' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term Ys. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Baok, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 850 Bicentennial Drive, Carlisle, Cumberl~d County, Pennsylvania 17013: I. Name ~d Address ofOwner(s) or Reputed Owner(s): THEODORE P. RUSS 2205 Walnut Street Harrisburg, P A 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 2. Name ~d Address ofDefend~t(s) in the Judgment: THEODORE P. RUSS 2205 Walnut Street Harrisburg, P A 17103 SANDRA A. RUSS 2205 Walnut Street Harrisburg, PA 17103 3. Name ~d Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff - - ""ir.iI-.?"-i I 4. Name ~d Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB Plaintiff 5. property: Name ~d Address of every other person who has ~y record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberl~d County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name ~d Address of every other person who has ~y record interest in the property ~d whose interest may be affected by the sale: NONE 7. Name ~d Address of every other person of whom the Plaintiff has knowledge who has ~y interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberl~d County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true ~d correct to the best of my personal knowledge, information ~d belief. I underst~d that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. JAMES, SMITH D DATED: q /7/<1(/ . j I BY: Scott A Dietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 , ~ - , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS ~d SANDRA A. RUSS, Defend~ts. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Theodore P. Russ 2205 Walnut Street Harrisburg, P A 17103 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthouse, South H~over Street, Carlisle, Pennsylv~ia 17013 on Wednesday, December 6,2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings ~d any other major improvements erected on the I~d. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberl~d County ~- - " , ~ , , .~"j The JUDGMENT under or pursu~t to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P ~ Russ ~d S~dra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons ~d/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received ~d to be disbursed by the Sheriff (for example to banks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, ~d distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland COlmty, South H~over Street, Carlisle, Pennsylv~ia l70l3~ 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. A lawyer c~ 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. Cumberl~d County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylv~ia 17013 (717) 240-6200 - ~ ~ " , THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or comp~y that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberl~d County.. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylv~ia 17013, before presentation of the petition to the Court. DATED: rt j-,jtXJ BY: Scott A. ietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 'o~ '~ <' '" .. . LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other l~d of the Borough of Carlisle, having been conveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along land retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the same, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place of BEGINNING. CONTAINING 2.00 acres ~d thereon erected a two and one-half story brick m~sion house. TOGETHER with such easements for utilities serving the premises here conveyed aspresently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent I~d retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz alk/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Baok and Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 ~d recorded on August 13, 1986 in ~d for Cumberland County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ and S~dra A. Russ, his wife. Parcel No. 04-22-0481-231B - iWe._' .. ~- ., .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term vs. THEODORE P. RUSS and SANDRA A RUSS, Defend~ts. . NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 S~dra A. Russ 2205 Walnut Street Harrisburg, PA 17103 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberl~d County Courthouse, South H~over Street, Carlisle, Pennsy1v~ia 17013 on Wednesday, December 6,2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and ~y other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 850 Bicentennial Drive Carlisle, P A 17013 Cumberl~d County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 00-3666 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Theodore P. Russ ~d S~dra A. Russ A SCHEDULE OF DISTRIBUTION, being a list of the persons ~d/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages ~d municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, ~d 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 Cumberl~d County, South H~over Street, Carlisle, Pennsylvania 17013. 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. 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. Cumberl~d County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ,,~~ '" , = ":, .' THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas ofCumberl~d County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberl~d County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court ~d a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberl~d County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: q l7'/oo BY: Scott . Dietterick, Esquire Pa. J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '" ," ~- _:" LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground with the improvements thereon erected, situate in the Third Ward of the Borough of Carlisle, Cumberl~d County, Pennsylvania, bounded ~d described as follows: BEGINNING at ~ iron pin on the northeast corner of the tract herein being conveyed, said point being 215.82 feet from the eastern property line of other I~d of the Borough of Carlisle, having beertconveyed to it by the Carlisle Area School District; thence parallel to this eastern property line ~d along l~d retained by the Borough of Carlisle, South 19 degrees 13 minutes 35 seconds West, 300 feet to a stake; thence by the sarne, North 70 degrees 46 minutes 25 seconds West, 290 feet to ~ iron pin; thence by the same, North 19 degrees 13 minutes 35 seconds East 300 feet to an iron pin; thence by the same, South 70 degrees 46 minutes 25 seconds East 290 feet to ~ iron pin, the place ofBEGINNlNG. CONTAINING 2.00 acres ~d thereon erected a two and one-half story brick mansion house. TOGETHER with such easements for utilities serving the premises here conveyed as presently exist or are presently properly on record in the Cumberland County Office of the Recorder of Deeds, on the adjacent land retained by the Borough of Carlisle. BEING the same premises which D.E. Lutz a/k/a David E. Lutz, June B. Lutz, Benjamin D. James, C. Marius Haayen, Robert F. Long and Dauphin Deposit Bank and Trust Comp~y as Trustees of the Progress Foundation, by Deed dated July 16, 1986 and recorded on August 13, 1986 in ~d for Cumberl~d County, in Deed Book C32, Page 443 gr~ted ~d conveyed unto Theodore P. Russ ~d Sandra A. Russ, his wife. Parcel No. 04-22-0481-231B " -- li'fllil =" , , ,-~ ~" ~~'" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00- }1';f5f5 C'i,iil Term CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Pastern Savings Bank, FSB PLAINTIFF(S) from Theodore P. Russ and Sandra A. Russ, 2205 Walnut St., Harrisburg, PA 17103 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Des=iption ~.. ,;, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to 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 otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subjectto attachment is found inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as agarnisheeand is enjoined as above stated. Amount Due $316.205.67 from 6/13/00 to date of p1,4Qe.92 Atty's Comm sale L.L. Due Prothy Other Costs $.50 S1.00 Interest % Atty Paid Plaintiff Paid S187.00 Date: September 12, 2000 Curtis R. Long Prothonotary, Civil Division -bY: 4q"", 0 . [} 7p0//?~(~ Deputy REQUESTING PARTY: Name Scott A. Dietterick, Esq. Address: P.O.Box 650 Hershey, PA 17033 Attorney for: Plaintiff Telephone: 717-533-3280 Supreme Court ID No. 55650 ,; - .1ilMII~~w~~im;~~~ri\i.g.,.;. 'C-.. \, L . " -. .~ """"'~ . I REAL ESTATE SALE No. 47 JfI ~ I "I n-ro the sheriff levied upon the defendants interest in the real property situated in (1" ~ IL d. ~ Cumberland County, Pa., known and numbered as: illS" B~ -~.'Z..-:.J~ G... L D.. and more fw ,ascribed on Exhibit "A" filed with this writ and oy this reference incorporated herein. f)ate:) ,,~-t. -~# I' .:H-n) BY'G.L..- j1J..k -IA-/c...u..~~ @) c:::;j';l aw c:::::J ~ 1iViJ", -. " ' i ii,' ~ " ,-', ',' '1----: i " r J ~- 'Ii ! ,i i! ,,'" i; Zi (;~S :d j~.i; ?~::' '-'-', '..... ',-,'--"^ <-y~-,,,~ '^" "" -,," ~ .- , , -- , ~" __.., A~ _, _ , ~. J_ 'I'~<~' ~- '. ,,' ," --. ,1-,;" "j' ,i'-'1-:"'". ;-;.~i "'_.,;)i~>_ ',l.J,~";': "--''' ~, ;'<ht~~--':" ""~t~,, ,~l;;:Ai""ii_~_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, vs. THEODORE P. RUSS ~d SANDRA A. RUSS, CIVIL DIVISION Plaintiff, NO.: 00-3666 Civil Term Defend~ts. PRAECIPE TO SATISFY AND SETTLE TO THE PROTHONOTARY: Please mark the above captioned matter satisfied ~d settled. DATE: ~) 14/cn Respectfully Submitted: JAMES, SMIT ,DIETTERICK & CONNELLY LLP BY: Sc ietterick,Esquire P A J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~ c;'-.;.i'-:'~"'" .!~.:...... ~ " \, I t : ;1;/"' if " , ;0 ~,' '::"'"iid ~ .,--< ;,., =,-,',--..~-- >~ ~,~_~T~ '~, ".-~, . ,> 'C "''',k' " ~ .,' >-rl-'~ 'illl]" >,~"-' -, ,..'i ,. (;, ~: -Gi> !Z! ~_', '!j:;' sF ~s< z );~ ". ----:." ',-' c._ --,I ~'" -:' (~") , "