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Home My WebLink About07-1190WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01 ` / 196 V. JOHN IVANOFF and CYNTHIA IVANOFF 322 West Perry Street Enola, PA 17025 Defendants. NOTICE 01-t.'t-CTE, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 92864035 (148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF 322 West Perry Street Enola, PA 17025 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. D COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Citizens Bank of Pennsylvania, by its attorneys, Silverman Bernheim & Vogel, files the within complaint in mortgage foreclosure and represents as follows: 1. Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), is a state chartered banking institution with a place of business at 2001 Market Street, Philadelphia, PA 19103. 2. Defendants, John Ivanoff and Cynthia Ivanoff, ("Defendants"), are adult individuals who reside at 322 West Perry Street, Enola, PA 17025. #2864035 (148462.055) 3. Defendants are the owners of record of a certain parcel of residential real estate located in Cumberland County known by the following street address: 322 West Perry Street, Enola, PA 17025 (the "Property"). 4. On April 10, 1996, Defendants executed and delivered to Mellon Bank, N.A.("Mellon"), assignee to Citizens Bank of Pennsylvania ("Citizens"), a Promissory Note (the "Note") in the principal amount of $56,325.00. The Note was secured by a mortgage (the "Mortgage") granting a lien upon the Property which was executed by Defendants, and given to Mellon on the same date and duly recorded in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania on April 12, 1996, in Land Record Book 1313, page 610 et seq. True and correct copies of the Note and Mortgage are attached hereto as Exhibits "A" and "B," respectively, and incorporated herein by reference. On December 1, 2001, Mellon assigned its rights in the Note and Mortgage to Citizens and said Assignment was recorded on June 10, 2002 in Land Record Book 687, page 4012. A true and correct copy of the Assignment if Mortgage is attached hereto as Exhibit "C." 6. The full legal description of the Property is set forth in Exhibit "D" which is attached hereto and incorporated herein by reference. 7. Defendants defaulted under the terms of the Note and Mortgage by virtue of their failure to pay to Citizens the sums due and owing thereunder, whereby Citizens demanded complete payment and performance of all of the Defendants' obligations. -3- 8. Pursuant to the terms of the Note and Mortgage, as of February 28, 2007, Defendants are obligated to Citizens for the following sums: Principal $30,213.56 Accrued interest (through 2/28/07) 526.00 Accrued late charges 165.00 BPO/Appraisal 400.00 Attorneys fees 6,042.71 Attorneys costs 750.00 TOTAL REAL DEBT $38,097.27 Interest continues to accrue at the per diem rate of $7.41. 9. The notice required pursuant to Act 91, 35 P. S. C.S.A. §1680.401, et. seq. was mailed to the Defendants on January 25, 2007, as evidenced by the Certificates of Mailing attached hereto and incorporated herein as Exhibit "E." WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands Judgment in Mortgage Foreclosure in its favor and against Defendants, John and Cynthia Ivanoff, in the amount of $38,097.27, plus continuing interest at the per diem rate of $7.41 from February 28, 2007, plus continuing late charges, attorneys fees and costs for foreclosure and sale of the Property. WILENTZ, GOLDMAN & SPITZER, P.A. BY: u A Date: // Q? Daniel S. Bernhgfm, 3d, Esquire Lauren R. Berschler, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania -4- VEIMCA E I, Marlene Medeims, a foreclosure specialist with Citizens Back of Pennsylvwaia, being duly sworn according to law, depose and say that the facts set forth in Citizens Bank of Fe=ylv'ania's Complaint in Mortgage Foreclosure is true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the Penalties of 18 Pa.C.S.A. § 4904 relaiug to unswom falsification, to autholities.- CMENS BAND OF PENNSYLVANIA. - A Ci?tLV.61V, DERO FORLLCLOSURE SPECIALIST Dated: EXHIBIT 66 A 99 PERCENTAGE RATE 'Ihe cost of my credit as a y'ndy rate- 08.20% My payment schedule will het The dollar amount flit credit will cost me. $ 42382.87 (e) Amlm l Itlttanced The Amount of Credit pro- vided to me or on my behulL S 56325.00 TOW of Payments 'Me Mount I will have paid after I have made all pryments at tchedtded. $98707.97 Varlnhle Rnte (Applicable if ehnrked): EiMyJosa cnnlains a vnrhlhle ante lecture ye. o . r)istdosurat atrout the variable rate feature have ban proAded tome earlier. Securlta': You will have a security intermt in: ? niotorvehicle ? Hitinsurancepolicy U.GC.rdhll;fer, S 00 ? mobile home C] deposit account Fom for encumbering certlBalle S - 00 0 aecuritirs 12 real property . of title ? Beneficial interest in land trust Fee for recording mortgage or S 14.00 ? deed or trust _ Q m civaslu which I have with you Recordation tax S .00 Fee for aatlatytng manga e or $ 12 Cnlinteral tecuring other lonru with you ntay also secure this loan. If this loan g .00 deed of trust - fd is secured by a deposit account, the annual pcr=tagc rate does not take into account your required deposit, Lale Charlie: If a payment la mom than 15 days lacy 1 wW im eharF4 S 15.00 PrcpaymcnL• ff l lacy off Cady I wW not have to a l or5%of the payment, whichever h less. , p y a pena ty. A-litlow Someone buying the property accuring this loan cannot assume the remainder of the loon on the Original lcrma. Sec the contract documenia for anyadd.tioaal information ab t ou nonpayment, default, date, and any required repayment in full before the scheduled W -mu a ?Lniale .......,......,.,...n..., . 1-11 I'll l ! S Amount s 4688,48 Amount paid on my account (rcfrnancing or previous loans); gven to me directly Date Loan Nmabcr / / I M., Aeunanced Amount paid to others on my behalf: S 26.00 to public officials/governmeot agencies S S to credit bwrsu S 225.00 to insurance Company to appraiser S t s 60.00 to LENDERS s --- to notary 14. 00 to s to TranaAmerica g S to ese? ry ,- ,:,:"l prepaid finance charl;e f M130 : gi $?4<t?smhl'r?, i.l.i ' " 4 . a . a.7,}ct?s a . x ear.?Lit: s at4a7a3a•f.?1FJS.! xrcxln::f:IF? i e?. ` a ,, A kC i•art??'lea.',tj9N?3 I?.' a°6C:8? •n •t1;??' 3 ia:.i: t v r r':I I ;.. 08- n'? Ihls Hole, Ihe woNs I, me undmy refer to anyouc signing this note as a Borrower. Each Bomosser in responsible for the repayment of all amounts owed under this te , and age"` W all of the terms of this note The wordsyou andyoor recce Io the creditor named shove. The word Cauoternl roans any personal property In which securing th is note. I am giving you a "Midty interest in this note, or which it covered by any separate security ag"emcnt I promise to pay you S 56325.00 .'This amount is called the "Principal Amount I also manse to Principal Amount at a simple interest rak or .0224657S4 p pay you /cachet on the unpaid balance of the rinc pal mount 29 I.»tl per day, lac de will be by you, on the ing t aid o c it We principal Amount for cane day (including Febr?ry )- any the Princifrat Amornit and the lacteal ul any pxtt signnded by you, nexordhr to the pnymau actiedule shown above. for the last payment date I will pay any part of the Principal Amounl anti any iulcicU which remains unpaid. I will cooliout to pay inlcresl at the mle shown above on any kart of i the Principal Amount as long as it rertudzis unpaid. I agree flu( any judgment for any part of the Principal Amount will bear interest at the same rate until it is paid. (i/n?ilia 20S40 cckcd):p lr I chaugc, or you requite me to change, to Payment Method /f2, the simple Interzi rate, on this note will change to n ter day. I (Applicable. if checked): W 'Ihc simple interest rate is n dkoonnied mle based all 11 licparae, agieemcul which I have cownul Into with you, if 1 discnldinuc Thal sepvale agreement or you discontinue it Ixlr9nte I no longer meet the nxluirements or that Ag lienl in tffcci as of Ihc date of this nole, but I eontinuc to nrnkc paymcnls under Payment Method #1, the. simple. imercst rate on this note will change. to . 023150685 9(" ice day. Effective. with the first paymmit that is due at least M dnyn after tiny change in the sitttplo iatarat talc; my regular monthly payment will change in ills ;it mit necessary to repay by [lie, original due date of the final pnytimit that I) kt of the Priutipul Amount which remains lmpiid on the dale of the Abe change, with in(cras( at the new fate, in equal pnyments. If I select credit disability, insiimnce oil This loan, Ihc monthly disability beric[it svlll I ec limited to Cite. Amount of ate original 1-clit ns di-wjoscd on (lie ccnificate of Insurance. I undcrxtaud that making payments on tiurc Is c:Umlial to avoid default on this note... In additlon, if nay I•,nymem is riot mnde in full within 15 days after it is due, I ivill pay a late change al S : 15 , p0 c-.5.1G cA the pnynicrl, whichever is ici;a. .... I have. paid or will pay the, prepaid finance charge shown nlxwe., its well its the following Nxs and Charges: LJ.C.C. Filing Fees Pecs for encaunliving c:rti6catc of title R Feca for tccannng nlotagnge or deed of taut ReCgntatiari lax -T 5----.---)-y-Ob---•-...._..-,--- -?-? Fee for Satisfying mortgage or decd or trust (cstiiloucd inked (Ill "I1C111 t:flC$) ?t_,?•_,_,__ '---' ??---'--- Appritisat fee Lice"itioinalion fee. Title insurance o , preni na Nohoy fec 5 Frx: for determining flood bauard status of plvlwity S Settlement or closing fee. S 7[,.QQ I ,in giving you t: s -Illity interest in the property desrsibed below, including ail attachments and parts whidi may be installed o]' atLachrd in Lite rtltue, and aft proceeds of the pm raly and alla l nm u: itnllrA in or mach A to the ptvperly or whid, l c nlcllts amt parts. fear Make M«Id Scriil Number U New o Unnd , M«Iol Numlur 12/08/2004 06:44 CITIZENS DIRECT COUNSELING -) 912156363999 NO. 557 D007 12/08/2004 06:44 CITIZEh15 DIRECT COU14SEL11,IG 4 912156363999 110.557 POOB Payment Methods: T choose; to make payments by the mi:thod checked lteknv: Payment Method #I: I authorize you to take payments out of Cf-MCKING ACCOUNT 162-'109-n2a2an or after the date they are due. f will keep n large enough balance in this account to cover the lull amounin of the required payments. puywr W h>'Eihad #2: I V411 mail or deliver each payment to you so that you will receive it no later than the date it is duc. If I have chosen Payment Method #1, you may require me, to change Paymcm Mcthal #2 If f frail of any touc to have ;c large enough balance in the deposit aecoual uhown above to c'avcr the full amount of a payment requiiod under this note, of it the deposit account is closed. Properly Invurunct: heaumuce ayteitret It= of or dmuage to thr, (.'oltueral WP. I requirw. L7 is not luaus. ALL ST2VrE Agr l(irknavn)• LUANN BtrRrr hood insucaucc s icquirrxl in ctennrctiau wine tlw: loan. 13? is not It flood lnsumnec or other insurance on red or personal property Ls rcyuircd in connection with this loan, l may obtain sueb insurance from anyone I want that Is acceptable to you. THE: ADDITIONAL TERMS ON PAGES 3 AND 4 OF THIS NM ARE; A PARTOF THIS NOTE, .u..,,se r ? r..a?, •+ •, ?aerz pp. ?? HIT 1 ?h I .t t E° nt13 ?'? ' mot{, jlil ?L4ar?"? a ant;?a e,:xg{I eta ui t You are being asked to guarantee this debt Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be, sure you can afford to pay if you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay, You may also have to pay late fees or collection costs, which increase this amount. The, Creditor can collect this debt from you without first trying to collect from the borrower. The Creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record. This notice is not the contract that snakes you liable for the debt. ?tf. Y wear t. t . I:?tE,1?y;y ;qv?q ygy??y,).?(.)F`?yr { S 01 lilt; 9 X '?•1:'Xgy??,?r t: ?!? w a t?` ,; e l l?'i l;{; • Vuk' t;ArPS48 t K, .?7 ?1,'M „? N '? i:I:i'Y'. a it51: BY SIGNING THIS NOTE, I ACKNOWLEDGE THAT I SAVE RECMVED APl r-,XACT COPY OF PAGES I THROUGH 4 OF THIS NOTE AND THE DISCLOSURES ON PAGE I WITH ALL APPLICABLE BLANKS APPROPRIATELY FILLED IN, PRIOR TO THE CONSUMMATION OF THE TRANSACTION, THE; ADDITIONAL TERMS ON PAGES 3 AND 4 ARE PART OF TfaS NOTE. Borrower JOEN M IVANOFF Borrower 041096 10120 Page 2 of4 If applicable, this installment loan corresponds to relationship demand deposit accolult 162-109-6282 121082004 06:44 CITIZENS DIRECT COUNSELING 4 912156363999 1,10.557 D009 irli:(iatdt:11 ?, ?y rt 3teoRer. V Lazvcuc 't9: ?:fib • ._ •a?..: ?u???r EvenW uflJUfuultt It is a default under this note if, (1) any payment is not made when it is due; (2) I break any promise in thi.4 note; (3) you discover any false or misleading statement In this note or in any other Information I have given you; (4) anyond tlttetnprs to selm attach, of emit, to lien an the Collatoral under any logal prowmAt ('J) the Collateral IA lost, destroyed, stated, Or ab1'Udotiedi (6) 1 die; (7) 1 make any assignment for the benefit of creditors; (8) I become Insolvent; (9) any petition relating ties Illy debts is sled under any federal or state bankruptcy law; (10) 1 default under the terms of ally lease, mortgage, or deed of trust an the properly where the Cailutoral is kopti (11) attyaao attmttpq to garrilsh or attach any deposit or othat prnpdrty belnllgipN so the wheel to In your possession; (12) any insurance policy securing this note matutws for any reman; (13) any event occurs which, under the terms of any mortgage or deed of trust securlag tills note, glves you the right to foreclose on the property securing this mite; any person who signs a separate security agreoment to adcuro this note breaks any promise in the security asmantont; any porson who signs a mortgage, deed of trust, or scparats security agreement to secure this note dies, becomes insolvent, or makes any smiguniont for the benefit of creditors; any petition relating to such a person's debts Is filed under any federal or state bankruptcy law, or you discover any false or misleading statement in such a mortgage, de *A of trust, or security alp-cemcnt, Your )Lights in the Nrvoat orDefoultt If any of these events of default occurs, or If I volunwrlly give you possession of the C ollateral, you have the right, if you choose to I do so, to declare all amounts which I owe tinder tails note intmedlately due, provided that you have given me any notice which the law requires. You may, without judicial procua, take possession of the Collateral and anything contained -in it or attached to it. You can enter any private property In order to do thin, so long aA you do not commit a breach of the peace. If you toll me to do to, I will deliver the Collateral to any place you choose which i reasonably convenient to both of us. I must send you a notice by certified stall within 48 hours after you take the Collateral in order to got back any property contained in the Collateral or attached to it which 1 do not believe is coy6red by your security Interest, If I do not do this, I will lose the right to claim such property. You cart also sue me la court to get the Collateral if you choose to do no. If you employ, an attorney who is not your salaried employee to collect any amount which I owe under this note ter to protect your rights under this note in any way, I will pay reasonable attorney's fees permitted by law, and costs of ally legal proceedings. I hereby waive.the benefit of all Indiana valuation and appraisement laws. My Duties Regarding the Collateral: If I am obtaining this loan in order to purchase any of the Collateral, I will purchase it promptly after receiving the loan proceeds from you. Anyone who has or will have an ownership interest in the Collateral is signing either this note or a separate security agreement. No one else except you has or will have a security interest in the Collateral or any legal rights in it. I will tell you promptly in writing if I change my address. Unless you keep the Collateral, I will keep it at the address in my loan application or I will tell you in writing where I am keeping it. I will not permanently remove' the Collateral from that location unless you give me written permission to do so. I will not allow the Collateral to be attached to real property or to any other goods without your written permission. I will not allow the Collateral to lose its identity or to be used for any illegal purpose. If the law of any state requires or permits a certificate of title to be issued covering any of the Collateral, I will maim certain that your security interest is noted on the certificate of title. I will see that the certificate of title is delivered to you within 10 days of the date of this note. I will keep the Collateral in good condition and repair, except for reasonable wear and tear, and will pay all lazes and other charges which may be assessed on it. If I fail to do so, you may, if you choose, take reasonable steps to protect the Collateral and pay such uu-es, other charges, or costs of repair and maintenance for tne, If you do this, you may require me to reimburse you, immediately or at any later time, for any such taxes, charges, or costs which you have paid. At the time you pay such amounts or al any later time., you may add the unpaid balrunce of such amounts to the unpaid balance of the Principal Amount of this note. You may require me to pay interest on the tutpaid balance of such amounts at the rate shown on page 1. of this now or at ally lower rate. You may, if you choose, illueaw the amount of my monthly payinent until I have fully reimbursed you for such amounts, I will give you written proof of payincat of any such taxes or charges and the costs of illy repairs, if you requesl it. You have the right to inspect. the Collateral at any reasonable trot[: If the Collateral is lost, damaged, or destroyed, I Nilill still pay everything I owc ultdcr this note. Insurance: -?- - -- -°_ If you require inne. to, I will insure the Collateral against loss or damage. Il'you require me to buy flood insurance, I will buy the amount of insurance coverage which you require, Any insurance policy will provide for payment of the insuranc; proceeds to you to the, extent necessary to pay the amounts which I owe under this note. I will give you any insurance policy or a C rtificate to show that I have it. If 1 do not buy and maintain the required insurance, or if I do not pay the premiums, you may, ifyou choose, do these things for ate. If you cto this and I do not reimburse you for the premiums within it specified time, yciu play add the unpaid halrutc:e of the premiums to the unpaid balance; of the Principal Amount of this note. In this case, intexeest will be r,.hatged on tile, unpaid balance, of these premitnls at the cite shown on page 1 of this note, beginning on the date you paid the premiums. .n direct all iusu,ra.uce companies pt•oviding flood insurance, other insurance on rell or personal property, or cocain insurntee in wnneocion with this loam to prry you any money owed to me (including any premiums which are returned fox' xuay reason), You may use any such money to pay amount which I owe under rhis note. I appoint you as illy attorlwy itt fact to endorse my naute to any draft or cheek for such purpose. CREDITOR COPY Page 3 or'4 12/08/2004 06:44 CITIZENS DIRECT COUNSELING a 912156363999 1,10. 55? D010 MLsceltnntwus: This note is secured as indicated in the Federal 'Muth in Lending Disclosures on page 1 of this note. All the provisions of any mortgage, deed of trust, or other separate security agreement which I have signed to secure this note are a part of this note. I will sign any documents you consider to be necessary, and I will pay all fees and taxes which must be paid to public officials and which are disclosed in the Federal Truth in Lending Disclosures on page 1 of this note, to perfect tiny security interest which I have given you and to record and satisfy any mortgage which 1 have given you. I appoint you as my attorney in fact to do whatever you consider to be necessary to acquire and maintain the lien of the mortgage, and to perfect and maintain perfection of these security interests. If at any tune you agree to extend the dates 'on which payments are due under this note, you may charge me a fee for such extension not exceetltng $50.00 for each month Or partial month of the extension period (subject to tiny limitations unposed by law). You may also require me. to pay interest for the extension period at the beginning of the extension period, subject to any limitations imposed by law. You have no obligation to agree to any extension; and, subject to any limitations imposed by law, the tenus of this paragraph can be changed if you ind I later agree to different terms. If at any time you reasonably believe that the value of the Collateral hams become insufficient to secure the amounts which I owe and any amounts witielt I may owe in the future under this note, I will give you additional collateral. If any money which I owe under this note is not paid when it is du,,-, you have the right to take that amount from any deposit which I have with you, now or in the future, other than deposits in Individual Retirement Accounts or Keogh (H.R. 10) Plans, or deposits in which the law prohibits you from having a security interest. You will continue to have any security interests which you have taken in connection with any previous note which is being refinanced by this note. If you have any liens on my property as a result of entering judgment under the terms of any previous note which is being refinanced by this note, you may retain those liens to secure the amounts refinanced- I do not have any defense to the enforcement of any such judgment. Regardless of the terms of any other document, this note will not be secured by any deposit other than those which I have with you individually or jointly, nor by any other property, unless a security interest in such deposit or other property has been given to you in this note or in a document referring specifically to this note or another extension of credit. Further, this note will not be secured by any real property unless a security interest in such real property has been given to you in a document referring specifically to this note or a previous note which is being refinanced by this note, or you have a lien on such real property as a result of entering judgment under the terms of a previous note which is being refinanced by this note. I authorize you to pay that part of the Principal Amount shown in the Itemization of the Amount Financed on page I of this note as "Amount given to me directly,' and any money which you may owe me for any reason in connection with this loan, to any or to all of the persons signing this note as 'Borrower," My endorsement of a check for any pan of this amount will evidence my consent to payment of that part of the Principal Amount to any other payee named on the check. If, on any particular occasion or for a period of time, you do not charge me a rate or amount which lam obligated to pay under this note, or charge me a lesser rate or amount, or do not enforce a right or remedy which you have under this note, or enforce a right or remedy, to a lesser extent than permitted by this note, you will still have the right to charge the full rate or amount or enforce that right or remedy to its fullest extent at any subsequent time. If I make a partial payment and you accept it, even though it is designated as full payment, I w171 still owe the rest of the money I should have. paid. In addition to the rights and remedies provided in this note, you will have all rights and remedies provided by law. I may pay all or any part of the Principal Amount before it is due, without any penalty, The unpaid balance of the Principal Amount for any day is determined by Wing the beginning balance for that day, adding any amount which you add to the Principal Amount that day under the. terms of this note, and subtracting that portion of any payment which is applied that day to the principal Amount Payments will be applied first to interest and any other charges due, ihkn to the principal Amount, Payments received on Saturdays, Sundays, or holidays will be credited as if made on the following business day. If I have sighed a request for credit insurance, the provisions of that form and the Group Credit Life Insurance Certificate are a part of this note. If it is determined for any reason that a part of this note is invalid or unettforc=blc, this will not afl'w any other part of this notc-111is note will than be, read as if the invalid or unenforceable part were not there, You can transfer your rights and privileges under this note to anyone you choose. My duties under this not.c will be performed by my heirs and personal representatives, I will trot tn, n5for any rights which I have unmet this note to altyolle, I understand that my obligations to you under this note will not be uffectcd by tiny divorce proceeding nor by any order of court issued in such u proceeding. Except lo.the extent that Federal law applies, the laws of the state In which your oflico shown on page I of this note is located trill a I• tq tt ie no;n In ull TwUxte. I/Wt trcknawindge Thtlt tltcsc ere pages 3 and A of [ht: PrtnnissUry Note (Sec tuai) which UWe have sigrccd on pat- 71 JOHN M IVANOFF CYNTHIA R IVANOFY J t ?itudi) (In11iD1$) (Inlflnls)Vrv? (lnitlnls) EXHIBIT 66 B 99 1} 12/08/2004 06:44 CITIZENS DIRECT COUI,ISEL I I,IG y 912156363999 This Mortgage is made this IQ (lay of APRIL 1996 , betweall JOHN M. IVANOFF CYNTIIIA R. IVANOFF (hereinafter called 'Mortgagor) and MtLL014 DANK, N. A. (hereinafter called "Mortgagee"). As trsed herein, the term "Mortgagor' refers individually and collectively to all Mortgag- ors, and all such persons shall be jointly and severally bound by the terms hereof. Pi7tereas, JOHN M TVANOPF CYNTHIA R I VANOrr (hereinafter individually and collectively called Borrower's (is) (are) indebted to Mortgagee in the principal sum of ***$56,325,00*** Dollars ($ 56325. oo) evidenced by a note, contract or letter of credit application ("the Note") dated APRIL 10 ,lg 96 ; To secure the payment of all sums due or which may become due under the Note and any and all extensions or renewals thereof in whole or in part (all of which is hereinafter called the "Obligation"), and to secure performance of all obligations under the Note and this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and convey unto Mortgagee and its successors and assigns all that certain property situated in CUMBERLA" County, Pennsylvania, and more particularly described in Ekluhit "A", attached hct'ctp lUad rlladc a part hereof 110.557 P002 Together With All the buildings and improvements orected thereon, the privileges and appurtenances thereunto belonging, and the reversions and remainders, routs, issues, and profits thereof (all of which is hereinafter called the 'Mortgaged Property"); To nave And To Void the same unto Mortgagee and its sue- cessors and assigns, Forever. Provided, Flowever, that upon payment in full of the Obliga- tion, the estate hereby granted shall be discharged. Mortgagor represents, warrants, covenants, and agrees that: First: Mortgagor will keep and perform all the covenants and agreements contained herein. Sewwk Without prior written consent of Mortgagee, Mortggor shall not cause or permit legal or equitable title to all or part of the Mortgaged Property to become vested in any other person or entity by sale, operation of law, or in any other manner, whether voluntarily or involuntarily. Third: Mortgagor warrants that Mortgagor owns the fee simple title to the Mortgaged Property free and clear of all liens, claim, and encumbrances except those to which Mortgagee has consented in writing. Mortgagor covenants that the Mortgaged Property,shatl continue to be held free and clear of all liens, claims, and encumbrances except as expressly permitted by Mortgagee in writing, Fourth: Mortgagor will pay when due all taxes, assessments, levies, and other charges on or against the Mortgaged Property which may attain priority over the lien of this Mortgage, If Mortgagor fails to do so; Mortgagee at its sole option may elect to pay such taxes, assessments, levies, or other charges. Ai Mortgagee's request, Mortgagor shall deliver written evidence of all such payments to Mortgagee. Fiflh;, Mortgagor shall keep the Mortgaged Property in good repair, excepting only reasonable wear and tear. Mortgagor will permit Mortgagee's :authorized representatives to enter upon the Mortgaged Property at any reasonable time for the purpose of inspecting the condition of tite Mortgaged Property. Without the written consent of Mortgagee, Mortgagor will not pcrntit removal or demolition of i.mpmvemems now or hereafter erected on Page 1 of 5 t;OUR 13:1-1r Uj-1/ Pennsylvanin - Residential Property a,.aEeR--M 4) LC(3M) LD VA 12/08/2004 06:44 CITIZENS DIRECT COUIISELIN6 4 912156363999 1,10.557 P003 the Mortgaged Property, nor will Mortgagor permit waste of If Mortgagor fails to obtain and keep in force any required the Mortgaged Property or alteration of improvements now insurance or fails to pay the premiums on such insurance, or hereafter erected on the Mortgaged Property which would Mortgagee at its sole option may elect to do so. In the adversely affect its market value as determinexl by Mortgagee. event of loss, Mortgagor shall give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect Siu2h: The term "bazardous substances" includes any to make proof of loss if Mortgagor does not do so substances, materials, or wastes that are or become regulated promptly, and to take any action it deems necessary to by any governttlcntal authority because of tome, flammable, preserve Mortgagor's or Mortgagee's rights under any explosive, corrosive, reactive, radioactive, or other properties insurance policy. that may be hazardous to human health or the environment, as well as any materials or substances that are. listed in the United States Department of Transportation Hazardous Materials Table, as amended from time to time. Mortgagor warrants that the Mortgaged Property does not contain any hazardous substances and that no physical conditions hazardous to human health or safety are present on the Mortgaged Property, except as previously disclosed to Mortgagee in writing. Mortgagor will neither cause nor permit the deposit, creation, or presence of any hazardous substances or the creation or existence of any physical condition hazardous to human health or safety on the Mortgaged Property. Mortgagor will comply at Mortgagor's expense with all laws, regulations, rules, ordinances, and orders of courts or governmental agencies regarding the Mortgaged Property, now or hereafter in existence, including but not limited to those relating to hazardous substances. If Mortgagor halls to do so, Mortgagee may, at its option, take ,any action it deems in its sole discretion to be necessary to effectuate such compliance. Mortgagee shall have no obligation or liability at arty time with regard to hazardous substances or any other physical conditions which may c• ist on the Mortgaged Property at any time. Mortgagor will indemnify and defend Mortgagee against ally and all liabilities or losses of any type whatsoever which Mortgtgee. may incur by reason of any hazardous substances or other physical conditions which may exist on the Mortgaged Property at any time; provided, however, that if Mongagee shall acquire sole possession of the Mortgaged Property, Mortgagor shall have no obligation under (his paragraph on aceount of airy condition which may thereafter conic into existence and which ivas not cursed by a pl)(Mousky existing condition. Mortgagors obligations under this paragraph shall survive the tcrnuilation and satisfaction of this Mortgage. Scven(h: Mortgagor shall keep the Mortgaged Pmperty insunxl against. loss by fire, all 0111(4 hazards contemplated by the terrn "extruded coverage," and such other risk, and hazards as Mortgagee shall rcelrare, in such amounts as Mortgagee shall require. Mortgagor will purchase flood insurance as and to the extent mquired by Mortgayoe 'flue insurer or insurers will be choserx by Mortgagor, sal>jcc( to approval by Mortgagee; and approval shall not be unreasonably withheld. All insurauce policies shall corona loss payable clauses in favor of Mortgagee and shall be mnmlable by the insurer only after prior written notice by the insurer to Mortgagee. Mortgagor shall deliver written evidence of all such insurance [o Mortgn.gee. Subject to the rights of the holders of any prior mortgage, insurance proceeds shall be applied to restoration or repair of the Mortgaged Property or to reduction of the Obligation, as Mortgagee may determine in its sole discretion. Mortgagor hereby appoints Mortgagee and its successors and assigns as Mortgagor's attorney-in-fact to endorse Mortgagor's name to any draft or check which may be payable to Mortgagor in order to collect such insurance proceeds. Eighth: Mortgagor hereby agrees to repay to Mortgagee on demand all sums which Mortgagee has elected to pay under Paragraphs Fourth and Seventh and any costs which Mortgagee has incurred in talang actions permitted by Paragraph Sixth, and all such sums, as well as any amounts for which Mortgagor has agreed to indemnify Mortgagee under Paragraph Sixth, shall, until repaid to Mortgagee, be a part of the Obligation and bear interest at the highest rate permitted by law (but not exceeding the contractual rate or rates of interest applicable to the Obligation by the teams of the Note). Ninth: Subject to the rights of the holders of any prior mortgage, Mortgagor hereby assigns to Mortgagee all prot•.ex:ds of any award ill connection with any c:oadcmnation Or ollaer taking of the Mortgaged Property or any past thereof, or payrnwit for conveyaucc: in lieu of condemnation. Tenth: It the Mortgaged Property or any portion thereof consists of a unih, in a condominium or a planoed unit dm- 1,lopmeat, Mortgagor shall pcrflinn all of Mortgagor's obligations under (lie declaration or c:ovenattts creating or governing the condominium. or planned trait development, the by-laws, rules, and regulations of the condoeniniunt or planned twit de:vclopmcrit, and related documents. If a condominium or planned unit development rider is executed by Mortgagor land recorded with this Morl.gage, the covenants and agreements of such rider shall be ineXrporated hexcin as if the rider were a part hereof. B1('),ertth: In order to further secure Mortgagee in lire event of default ill the payment of the Obligation or in the performance by Mortgagor of any of the covenants, conditions, or agreements contained herein, Mortgagor hereby assigns and transfers to Mortgagee and its successors and assigns any and all leases on the Mortgaged Property or any part thereof, now existing or which may hereafter be made at any tinge, togetber with any and all ivnts, issues, and profits arising from the Mortpaped 12/00/2004 06:44 CITIZENS DIRECT COUNSELING -> 912156363999 1,10.557 D004 n-286 R-(9/94) LC-(SM) 1j), WA Property under said leases or otherwise. Mortgagee shall have no obligation to perform or discharge any duty or liability under such teases, but shall have full authorization to collect all rents under the leases or otherwise, to take possession of and rent the Mortgaged Property, and to take any action, including legal action, it deems necessary to preserve Mortgagor's or Mortpgee's rights under such leases. Mortgagor shall not collect any rent in advance of the date it is due. by appropriate legal proceedings and sell the Mortgaged Property for the collection of the Obligation, together with costs of suit and an attorney's cornmission equal to the lesser of (a) 20% of the amount due or $SOO.t%l, whichever is greater, or (b) the maximum amount permitted by law. Mortgagor hereby forever waives and releases all errors in the said proceedings, stay of execution, and the right of inquisition and extension of time of payment Twelfth: In the event that (a) any warranty, covenant, or agreement contained herein is breached (b) any representation or vktuanty contained herein or otherwise made by any Mortgagor in connection with this Mortgage proves to be false or misleading; (c) any default occurs under the terms of the Note or any agreement evidencing, securing, or otherwise executed and delivered by any Borrower or Mortgagor in connection with the Obligation; (d) any default occurs under the terms of any other mortgage or other instrument creating a lien on the Mortgaged Property; (e) a holder of any lieu encumbering the Mortgaged Property or any portion thereof (whether such lieu is junior or superior to the lien of this Mortgage) commences a foreclosure or any other proceeding to execute on such lien; (f) any Mortgagor becomes insolvent or makes an assignment for the benefit of creditors; or (g) any action, petition or other proceeding is filed or couunenced under any state or federal banlauptcy or insolvency law, by Mortgagor or anyone else, regarding the assets of Mortgagor, then, in addition to exercising any rights which Mortgagee may have under the terms of the Note or any agreement securing repayment of, or relating to, any portion of the Obligation or which are otherwise provided by law, Mortgage-- may foreclose upon the Mortgaged Property c.o rn ' N CU Page 3 of 5 Thirteenth: The rights and remedies of Mortgagee; provided herein, in the Note, or in any other agreement securing repayment of, or relating to, any portion of the Obligation, or otherwise provided by law, shall be cumulative and may be pursued singly, concurrently, or successively at Mortgagee's sole discretion, and may be exercised as often as necessary; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. Fourteenth: The covenants, conditions and agreements contained herein shall bind the heirs, personal representatives, and successors of Mortgagor, and the rights and privileges contained herein shall inure to the successors and assigns of Mortgagee. F-Tteenth: This Mortgage shall be governed in all respects by the laws of Pennsylvania. If any provision hereof shall for any reason be. held invalid or unenforceable, no other provision shall be affected thereby, and this Mortgage shall be construed as if the invalid or unenforceable provision had never been part of it. nooK tlf-M 1612 12/08/2004 06:44 CITIZENS DIRECT COUNSELING a 912156363999 1,10. 557 P005 Lri ` Ff1e x s .t? f3Yf" xr utRs tx n i +?. . E. 02¢4=rwx:a...: nncss IVANOI"g JOHN M• X lf. ??y'•'/ ? X "/ ?•+/ {Seal) Wituc W tgagor X X (Seal) Witness ) Mori or CYt` IA I Or ' X _) \ X Seal WILDS M-tgagor. G v x x (Seal) Witness the due execution and sealing hereof the day and year first above writteLt: MELLON BANK, N. A. Mortgagee within named, hereby certifies that its principal place of business is at 10 SOUTH MARKET SQUARE HARRISBURG, PENNSYLVANIA 17101 i ?fELLON BANK, N- A. x COMMONWEALTH OF PENNSYLVANIA t^,Onnty of On the-,_, day of 19 6 , before roe personally came JOHN M. IVANOFF CYNTHIA R. IVANOFF _ , who, beiq duly sworn, did acksa m1edge tbat did sign /lie foregoing instrument and that the satne is free act and deed, 111 testimony whereof I bavc Creunlo subscribed my name. Nau.ry Ith/I ?'y ?'!A 6 l? i1', l ,f?.l.-ciiiR"?.?Su •tils:.rr-1` : Nowtial Saal My Co wns orr tr Matt' [Ilnen J Gronbmlan? CounlY '' s ? .'` : •: >?',?;=. C3rlts19 Uo n, fires Nov. 22,199`0 .. ' .MY..,.. a?,nsvlvania,tssocixlron al Nolarios ? `?, ?v' 7?.at?Ia41tContntomve.alth of Peansylvania ss, County Q(- 1,411 Record( I in Llte. OlUce of the Recorder of Aced} in and for Snid CUUltty tin Llie _..1. _ • day of i 19 _.J _0 , in Mortgalm Book \ olimic page Wit1wSS my 113110 and the seal of Said office, the day and year afoms ud. X 041096 09:41 Pagc4n15 anAAl3rnrt .t'1i?:.._... 12/08/2004 06:44 CITIZENS DIRECT COUNSELING a 912156363999 1,10.557 P006 From JOHN M. IVANOFF CYNTHIA R. IVANOFF MFLLON BANK, N. A. R-rdc -ilto MELLON BANK N.A. P.O. BOX 149 i PITTSBURGH, PA 15230-0149 L44662799 0275 00414 Tax Parcel LEGAI; DESCRIPTION: ALL THAT CERTAIN PROPERTY SITUATED IN EAST PENNSBORO TOWNSHIP IN THE COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA AND BEING DESCRIBED IN A DEED DATED 06/01187 AND RECORDED 06/03/87, AMONG THE LAND RECORDS OF THE C00m AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS! BOOR R32 PAGE 1062. LOT 8,9,10 SECTION B HOOPY'S ADDITION PLAT BOOK 1 PAGE 7 SEE LOT 1L-286 Rev.(9F. A) LC 904 LD 10l9S 041096 09:41 raga s ors aooxt3t3wi: C14 EXHIBIT 66 c 99 10-02-'06 10:23 FRW- ACKNOWLEDGMENT Commonwealth of Peonsylvaia) SS: County of Allegheny County ) T-738 P19/29 U-966 On the 1" day of Deeember, 2001, before mope noway came Nancy A, MoKinloy, wba being duly sworn, did admowledge herself to be the Vico Prmidem & Authorized Representative of Mettou Bau6, N.&, a nptiouai bank orpWcd wda the laws of the Unitod States of America, and as sueh Vine Pred&a dt Authorized Representative executed the foregoing instrurnc of on behalf of said Mellon Bank, NA, for the purpose tbereiti c=Wned. In kestimnnYr?vhrraof, Ihovahcrevnte eubacrj,&j,ur suuue+, HOWW U61 {//7(?/?ff'' wry err ? Fistq.?I??r y?C?,tr C;N?J MY Ca?unlulon?xp?l?6: !s. iuo3 ?••,... rseoctslrnna N t ry Nbiia o My Commissian Expires CERTIFICATE OF RESMENCE OF ASSIGNEE Citizens Bank of Ppwylvttuia, Assignee within named, hereby Certifies that its principal place of business is at 173S Market 3twct, Philadelphia, YA i 9103. By: otnaa A. t7arofa! Assistant Vice President RECORDER'S ACKNOMUDGMENT Conmtonwealth of Pausylvania) State of l Goutuy of ) SS. Recorded is the ofSrx of the Recorder of Doody In and 'd CLt)'l TCCtTCa in -ortaAgi 1n Cumberlan - P Witness my hand and the seat of said office of the ?$' -_-. Kecortlet: of Deeds book 667 PAGE4013 i 10/02/2006 09:25AM EXHIBIT 66 D 99 ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 21, 1960, as follows: BEGINNING M a point L IL Southeast corner of Perry Street and /_,ion Street; thence Eastwardly along the Southerly IMe of Perry Street, eighty-three ai1CI ten 011C.-IlLMdredths (83.10) ect to a point; thence South eight (08) degrees thirty (30) 111111LILes Last through the Ce1Tte1- line of a partition wall between premises herein described and premises adjoining oil the East thereof known as No, 330 Perry Street and beyond, on hundred twenty (120) feet to a poilit on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence 'NorthN-vardly along same, one hundred twenty (120) :feet to a point, the place of beginning. BEING parts of Lots 8, 9 and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel #09-14-0832-374 I".\\'PCilll' f`J>OCS'.? 1661\lvanol7'497\NcNv FM redonire\Contplaiill. 120205.tvlul EXHIBIT 66 E 99 WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW 90 Woodbridge Center Drive Suite 900 Box 10 Woodbridge NJ 07095-0958 732 636-8600 ax 732) 855-6117 Meridian Center I Two Industrial Way West Eatontown, NJ 07724-2265 V 32 542-4500 ax 732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 212 267-3091 ax 212) 267-3828 Two Penn Center Plaza Suite 910 Philadelphia PA 19102 L215 56p9-0600 ax (215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 L412 255-3767 ax (412) 255-3701 website: www.wileittzcon7 Please reply to: Pittsburgh: Lauren R. Berschler, Esquire Direct Dial: 412-255-3767 Fax: 412-255-3767 email: lberschier@wilentz.com DAVID T. WILENTZ(1919-1988) G. GEORGE GOLDMAN (1922-19591 HENRY M. SPITZER (1928-1988) WARREN W. WILENTZ MATTHIAS D. DILEO MORRIS BROWN FREDERIC K. BECKER2 NICHOLAS L. SANTOWASSO RICHARD F. LERT' JOHN A. HOFFMAN STEPHEN E. BARCAN FRANCIS V. BONELUD VINCENT P. MALTESE DAVID M. WILDSTEIN GORDON J. GOLUM MARVIN J. BRAUTH' STUART A. HOBERMAN" STEPHEN A. SPITZER ANNE S. BABINEAU' CHRISTINE D. PETRUZZELL BRIAN J. MOLLOY RANDALL J. RICHARDS JOSEPH J. JANKOWSKI DAVID S. GORDON FREDERICK J. DENNEHY ROY H. TANZMAN' STEVEN J. TRIPP JAY J. ZIZNEWSKI ALAN WASSERMANa' - JAMES E. TRA13ILSY MAUREEN S. BINETTIn ANTHONY J. PANNELLA, JR. MICHAEL J. BARRETTa MICHAEL F. SCHAFF" ANGELO JOHN CIFALDI KEVIN M. BERRY' NOEL S. TONNEMAN' JOHN T. KELLY2 C. KENNETH SHANK' BARRY A. COOKE' JON G. KUPIUK PETER R. HERMAN' EDWARD T. KOLE HESSER G. MCBRIDE, JR. ERIC JOHN MARCY ROBERT C. KAUTZ " VIOLA S. LORDI' LYNNE M. KIZIS KEVIN P. RODDY'en DANIEL S. BERNHEIM 3d" STEVEN P. MARSHALL DOUGLAS WATSON LUBIC' CHERYL J. OBEROORF LISA A. GORAB' RUSSELL J. FISHKINO' FRED HOPKE' CHARLES F. VUO-ITO, JR.' DONALD E. TAYLOR' BARRYR.SUGARMAN' BRETT R. HARRIS" ALFRED M. ANTHONY' DARREN M. GELBER' MATTHEW M. WEISSMAN' WILLIAM J. LINTON DONNA M. JENNINGS GIOVANNI ANZALONE PETER A. GREENBAUM2 WILLARD C. SHIH' BLAIR R. ZWILLMAN2 ° STEVEN R. ENIS' LAWRENCE C. WEINER' OF COUNSEL ROBERT A. PETITO HAROLD G. SMITH ALFRED J. HILL 11962-2002) ROBERT J. CIRAFESI (1970-2004) ALAN B. HANDLER`' DOUGLAS T. HAGUE MYRON ROSNER' R. BENJAMIN COHEN FRANCIS X.JOURNICK, JR. 11984-2006) COUNSEL DAVID P. PEPE SUSANNE S. O'DONOHUE' RISA A. KLEINER " RUTH D. MARCUS" RICHARD J. BYRNES JAY V. SURGENT LEE ANN MCCABE' LAURIE E. MEYERS JAMES P. LUNDY" January 25, 2007 ELIZABETH FARLEY MURPHY JAMES E. TONREY, JR.' DEIRDRE WOULFE PACHECO' ROBERTO BENITES JONATHAN J. BART"' ASSOCIATES LINDA LASHBROOK LORETTA KIRSCH PRIVES' YVONNE MARCUSE ELIZABETH C. DELL' ABBY RESNICK-PARIGIAN" BRIAN KALVER2 ELLEN TORREGROSSA-O'CONNOR NANCY A. SLOWE' KELLY A. ERHARDT-WOJIE' JEFFREY J. BROOKNER JAMES E. MCGUIRE FRANCINE E. TAJFEL' ELIZABETH SISO BAIR RONALD P. COLICCH1020 JONATHAN A. CASS' M. MATTHEW MANNION' DANIEL M. SERVISS JESSICA STEIN ALLEN' COURTENAYC.HANSEN' TODD E. LEHOER" JOHN M. CANTALUPO' JOHN E. HOGAN` DONNA A. McBARRON DANIEL R. WASP' JOSEPH R. ZAPATA, JR. JOHN P. MURDOCH 11 ANNA MARIA TEJADA' MARY H. SMITH EDWARD J. ALBOWICZ' ANNA I. MONFORTH THOMAS P. KELLY" STEPHANIE D. GIRONDA EVERETT M. JOHNSON' ALEX LYUBARSKY' KEVEN H. FRIEDMAN' GREGORY O. SHAFFER', JESSICA S. PYATT LOUIS J. SEMINSKI, JR. JARRET S. LEWIS "' DANIEL R. LAPINSKI' CERTIFIED MAIL-RETURN RECEIPT REQUESTED and FIRST CLASS MAIL IMPORTANT: NOTICE OF HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 - ACT 91 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS TO: John M. Ivanoff and Cynthia R. Ivanoff 322 W. Perry Street Enola, PA 17025 FROM: Lauren R. Berschler, Esquire RE: Mortgage dated April 10, 1996; Account no. 6080036111/45012-PA-06 Mortgaged Property: 332 West Perry Street, Enola, PA 17025 LAUREN R.BERSCHLER' LILLIAN A. PLAT" ROBERT L. SELVERS' ERIK C. ACOSTA' PAMELA R. GOLD-ZAFRA' ALYSON M. LEONE' JULIE A. DEMAREE VINCENT CHENG" MICHAEL J. WEISSLITZ JONATHAN M. SUSCH' JAMIE M. SENNETT' KEITH L. HOVEY2 GEMMA L. ABERNOVICH' KRISTEN M. BENEDETTO' GIRA A. DESAI JOSEPH J. RUSSELL, JR' JON S. POLEVOY HARA L. PODEL' DEEPA KAIREN DANIEL A. PRUPIS. CHERYL. E. CONNORS RUTH A. RAULS2 JAMES J. TRACY JOSHUA A. FREEMAN CHAD B. SIMON2 VERONICA ALLENDE, a Certified Civil Trial Allomey OCertified Criminal Trial Allomey t Certified Matrimonial Atlomey t Certified Workers Compensation Atlome ' National Certified CiW Trial Specialist Approved by the ABA 1 Not admitted NJ 2 Admitted NY 3 Admilled PA 4 Adm'itled CT 5 Admitted DC 6 Admitted MA 7 Admitted MD 8 Admitted VA 9 Admilted CA 10 Admitted FL 11 Admitted IL Your Mortgage is in serious default because you have failed to pay promptly installments of principal and interest as required, for a period in excess of sixty (60) days. The total amount of the delinquency is $2,487.76. The sum includes the following: WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW Principal and Interest (overdue from 10/14/06 through 11/14/07) 4 payments @ $584.44 $2,337.76 Late Charges 150.00 Total Amount of Delinquency $2,487.76 Additionally, another payment of $584.44 becomes due on February 14, 2007. January 25, 2007 Page 2 You may be eligible for financial assistance that will prevent foreclosure on your Mortgage if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983, as amended (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act or determined by the Pem-isylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you have the right to arrange a "face-to-face" meeting with a representative of this lender, or with a designated consumer counseling agency. The purpose of that meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of that meeting. The name, address and telephone number of our representative is: Joel P. Brady Foreclosure Management Company 10500 Barkley Drive, Suite 102 Overland Park, KS 66212 (913) 383-0202, Ext. 1049 The names and addresses of designated consumer credit counseling agencies are: Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 #2849558(148462.055) WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5t" Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 (800) 342-2397 January 25, 2007 Page 3 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked within thirty (30) days to your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency, or you must file it at an office of one of the designated consumer credit counseling agencies listed above. #2849558(148462.055) WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW The Pennsylvania Housing Financing Agency is located at: 211 North Front Street P.O. Box 8029 Harrisburg, PA 17101 Telephone: (717) 780-3800 or 1-800-342-2397 (toll free number) January 25, 2007 Page 4 An application for assistance may be obtained from a consumer credit counseling agency, or directly from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. Available funds for emergency assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. It is extremely important that your application is accurate and complete in every respect. The counseling agency will help you fill out the application. The Pemisylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. Very truly yours, rLUA'NMd11& L ren R. Bers filer, Esquire ttorney ey for Citizens Bank of Pennsylvania LRB/ THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS AN ENFORCEMENT OF A LIEN AGAINST PROPERTY. 42849558 (148462.055) NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT *4,4:* 4:***4:3I:**4:4.**:I:*:I:4-**4:***3k* **4:4:*4:**4:k:I., *4:4:* :k:I:4::k**:k:k*4.,:k4::k4:* 4::I::I:4:4:* 1. Tliis communication is from a debt collector. This is an attempt to. collect a debt and any information obtained will be used for that purpose. 2. 'Unless you dispute die validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 clays of receipt of this notice that the debt, or any portion tliereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you make a written request for it within 30 days hereof, I will also send you the name and address of the original creditor if different from Citizens Bank. Postal CERTIFIED REC MAIL, EIPT S (Domestic Only; Provided) z' E ru F or • information Kt a ,1 . Postage $ ILI p Certified Fee ark Q Return Receipt Fee (Endorsement Required) y r E` / ere r t` 0 Restr'? d Delivery Fee C3 ndorsement Required) (E D Total Postage & Fees r C3 ant To 10 i or PO Bax No ? 2? ---------- -------------- - t l? ? 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C+J WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter a judgment by default in the amount of $38,401.08, plus interest at the rate of $7.41 per diem from April 10, 2007, and costs of suit, in favor of Plaintiff, Citizens Bank of Pennsylvania, ("Citizens"), and against Defendants, John Ivanoff and Cynthia Ivanoff, ("Defendants"), for their failure to answer or otherwise plead in response to the Complaint in Mortgage Foreclosure in this action. In support thereof, Citizens avers the following: 1. On March 5, 2007, Citizens commenced this action by filing a Complaint in Mortgage Foreclosure with a Notice to Defend (collectively, the "Complaint") against the above-captioned Defendants. #2880160 (148462.055) 2. On March 7, 2007, Defendant, John Ivanoff, was personally served with the Complaint, who also accepted service for his wife, Defendant, Cynthia Ivanoff, by the Berks County Sheriff at their address located at 322 West Perry Street, Enola, PA 17025. True and correct copies of the Affidavits of Service are attached hereto, incorporated herein and collectively labeled as Exhibit "A." 3. Defendants failed to plead in response to the Complaint within 20 days. 4. On March 30, 2007, a Notice of Intention to Enter Judgment By Default was served upon each Defendant individually by United States first class regular mail, postage prepaid at 322 West Perry Street, Enola, PA 17025. True and correct copies of the Notices are attached hereto, incorporated herein and collectively labeled as Exhibit "B." 5. More than 10 days have elapsed since the Notices of Intention to Enter Judgment By Default was mailed to Defendants, and to date no responsive pleading has been filed. 6. Damages should be assessed in the amount of $38,401.08, plus per diem I interest at the rate of $7.41, from April 10, 2007, and costs of suit, which is calculated as follows: Principal $30,213.56 Accrued Interest (as of 04/10/07) 829.81 Late charges 165.00 Appraisal & BPO 400.00 Attorneys Costs 6,042.71 Attorney's Fees 750.00 TOTAL $38,401.08 7. The aforementioned sum is the amount demanded in the Complaint with interest carried forward to April 10, 2007. 42880160 (148462.055) WHEREFORE, Plaintiff, Citizens Bank of Pennsylvania, demands judgment in i favor and against Defendants, John Ivanoff and Cynthia Ivanoff, in the amount of $38,401.08, plus per diem interest of $7.41, from April 10, 2007, plus any additional costs for foreclosure of the property. Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: Lfflft\1 Nakv- Pai Ki el S. Bernlieim, 3d, Esquire ren n R. Berschler, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania Dated: April 10, 2007 #2880160(148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term CERTIFICATION OF SERVICE OF NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 1, Lauren R. Berschler, Esquire, hereby certify that on March 30, 2007, 1 served a Notice of Intention to Enter Judgment By Default upon Defendants, John Ivanoff and Cynthia lvanoff, by United States first class regular mail, postage prepaid at 322 West Perry Street, Enola, PA 17025. By: r? ?Wd ? 1A auren R. B schler, Esquire Attorney for Plaintiff Citizens Bank of Pennsylvania #2880160(148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 ------------------------------------------------------ CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term CERTIFICATION OF ADDRESSES I, Lauren R. Berschler, Esquire, hereby certify that the address of Plaintiff, Citizens Bank of Pennsylvania, is 2001 Market Street, Philadelphia, PA 19103, and that the last known address of Defendants, John Ivanoff and Cynthia Ivanoff, is 322 West Perry Street, Enola, PA 17025 By: Lauren R. erschler, Esquire Attorney for Plaintiff Citizens Bank of Pennsylvania #2880160 (148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, : V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA Lauren R. Berschler, Esquire, being duly sworn according to law, deposes and states that she is the attorney for Citizens Bank of Pennsylvania, and as such, is authorized to make this Affidavit on its behalf, and that, to the best of her knowledge, information and belief, Defendants, John Ivanoff and Cynthia Ivanoff, are not in the military or naval service of the United States or its allies or otherwise within the provisions of the Soldiers and Sailors Civil Re&&en ' Act of 1940 AIAP?/or its amendments. R. Bers hler, Esquire Swqn? to and su scriWd be or_ me tNs ??"' day d2?MQNWEALTH OF PENMYLV;-01A Notarial Seas Julia A. McBride, Notary Puoia City Ol Philadelphia, Philadelphia C . My Cornmrssion Expires May 29; Member, Pennsylvania Association of #2880160(148462.055) EXHIBIT "A" SHERIFF'S RETURN - REGULAR CASE NO: 2007-01190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS IVANOFF JOHN ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVANOFF JOHN the DEFENDANT at 2016:00 HOURS, on the 7th day of March 2007 at 322 WEST PERRY STREET ENOLA, PA 17025 by handing to JOHN IVANOFF a true and attested copy of COMPLAINT MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.40 03/08/2007 WILENTZ GOLD SP,;YZER Sworn and Subscibed to By: before me this day Deputy Sheriff 0 f A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS IVANOFF JOHN ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVANOFF CYNTHIA the DEFENDANT , at 2016:00 HOURS, on the at 322 WEST PERRY STREET ENOLA, PA 17025 by handing to JOHN IVANOFF, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 03/08/2007 WILENTZ GOLDMA SP ZER By : -? ; day Deputy Sheriff , A.D. 7th day of March , 2007 EXHIBIT "B" Y Y IL E TZ GOLDMAN ATTORNEYS AT LAW 90 Woodbridge Center Drive Suite 900 dox 10 Woodbridge, NJ 07095-0958 (732) 636 8000 I ax (732) 855-6117 Meridimm Center I Two Industrial Way West Eatontown, NJ 07724-2265 (732)542-4500 ax 732) 493-8387 110 William Street 26th Fluor New York, NY 10038-3901 (212 267-3091 ax 212)267-3828 Two Penn Center Plaza Suite 910 Philadel')hia PA 19102 ((215 519-OdOO. f ax }215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 (4'12 255-3767 Fax 412) 255-3701 awbsite: I viv ivm,ilenl;, com John Ivano:Pf 322 West Perry Street _Enola, PA 17025 March 30, 2007 Please reply lo: Lauren R. Bei:schler, Esquire Pillsbrugh, Pennsylvania Direct Dial: 412-255-3767 Lnuiil: Iberscbler ii?wilcnlz.com Re: Citizens Bank of Pennsylvania v. John 1vanolf ant( Cynthia I:v-anoff CCP, Cumberland County, Docket. No. 2007-01190 Dear Mr. Ivanoff: As you are aware, this office represents Citizens Ban],., of Pennsylvania in the above matter. l-nclosed please rind a Notice of Intention to Enter Jtulgna n:t hY Default. Sincerely, \VILLIV'I7 GO DMAI?I & SI'I''7ER BY: LALiP_13N R. 13E. SCliLER LR13/j?trn I;nclost.Jre 112576920 (148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Bersehler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 1.9103 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term V. JOHN IVANOFF and CYNTHIA IVANOFF 322 West Perry Street Enola, PA 17025 Defendants. To: JOHN IVANOFF Date of Notice: March 30, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 92876918 (145461055) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT AREDUCED FEE OR NO FEE. Court Administrator 4t" Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 Respectfully, WILENTZ GOLDMAN & SPITZER f Lauren R. Ber?chler, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania #2376918(145462.055) • WILENTZ GOLDMAN &SPITZER P.A. ATTORNEYS AT LAW. 90 Woodbridge Center Drive Suite 900 Box 10 Woodbridge NJ 07095-0958 (732 636-8400 ax ()732) 855-6117 Meridian Center I Two Industrial Way West Eatontown, NJ 07724-2265 732 542-4500 ax 732) 493-8387 110 William Street 26th Floor New York, NY 10038-3901 V 12 267-3091 ax 212) 267-3828 Two Penn Center Plaza Suite 910 Philadelphia PA 19102 (215 569-0400 Fax (215) 636-3999 One Oxford Centre Suite 4300 Pittsburgh, PA 15219 1412 255-3767 Fax (412) 255-3701 +veLsilc• m+vw.rvilenlz.cnnr Cynthia Ivanoff 322 West Perry Street Enola, PA 17025 March 30, 2007 Please reply Lo: Lauren R. 13erschler, Esquire Pittsburgh, Pennsylvania Direct Dial: 412-255-3767 Email: lberschler@wilentz.com Re: Citizens Bank of Pennsylvania v. John Ivanoff and Cynthia Ivanoff CCP, Cumberland County, Docket No. 2007-01190 Dear Mrs. Ivanoff: As you are aware, this office represents Citizens Bank of Pennsylvania in the above platter. Enclosed please find a Notice of Intention to Enter Judgment by Default. Sincerely, WILENTZ P G .LDMAN & SPITZER t LAUREN R. BERSCIILER LRB/janl Enclosure #2576931(148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R..Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA 2001 Market Street Philadelphia, PA 19103 Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF 322 West Perry Street Enola, PA 17025 Defendants. To: Date of Notice COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term CYNTHIA IVANOFF Much 30, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 112576933 (145462.055) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4"' Floor, Cumberlmd Cowity Courthouse Carlisle, PA 17013 717-240-6200 Respectfully, WILENTZ GOLDMAN & SPITZER B( lit P?? Lauren R. Bers.chler, Esquire Attorney for Plaintiff, Citizens Bank of Pennsylvania 42576913 (148462.055) 010, W r? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS - CUMBERLAND COUNTY CARLISLE, PA 17013 CURTIS R. LONG Prothonotary TO: John Ivanoff and Cynthia Ivanoff 322 West Perry Street Enola, PA 17025 CITIZENS BANK OF PENNSYLVANIA Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. NO. 07-1190 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding s indicated below. CURTIS R. LONG Prothonotary X Judgment by Default ($38,401.08) Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. BERSCHLER at this telephone number: (412)255-3767. #2880160 (148462.055) r 1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. ------------------------------------------------------ ? Confession Judgment ¦ Other Mortgage Foreclosure File No. 07-1190 Civil Term Amount Due: $38,401.08, plus Interest: $1,133.73 from from 4/10/07- 9/5/07 (7.41 /day), plus Atty's Comm: $0.00, plus Costs: to be added TO THE PROTHONOTARY 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. 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) 322 West Perry Street Enola, PA 17025 as more fully described in Exhibit "A" attached hereto. Date: Okloi Signature: Print Name: Address: Attorney for: Telephone: Supreme Cot lit A k I W L uren R. B rschler Es uire Wilentz Goldman & Spitzer Two Penn Center, Suite 910 Philadelphia, PA 19102 Plaintiff 412-255-3767 in ID No.: 88209 #2900179 (148462.055) ? W d w Y- 1 1 ? ! O 1 a r ;. r p d? C) EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 42900252 (148462.055) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s) From JOHN IVANOFF AND CYNTHIA IVANOFF (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,401.08 L.L. $.50 Interest $1,133.73 FROM 4/10/07 - 9/5/07 (7.41/DAY), PLUS Atty's Comm % Due Prothy $2.00 Atty Paid $154.40 Plaintiff Paid Other Costs Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name LAUREN R. BERSCHLER, ESQUIRE Address: WILENTZ GOLDMAN & SPITZER TWO PENN CENTER, SUITE 910 PHILADELHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 412-255-3767 - 'Ic I 1?z44;7 - ur R. Long, Prothonotary Deputy Supreme Court ID No. 88209 WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 --------------------------------------------------- CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. ------------------------------------------------------ Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term ACT 6 AND ACT 91 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA I, Lauren R. Berschler, Esquire, being duly sworn according to law, depose and say that I am counsel for the Plaintiff, and that I am authorized to make this Affidavit on its behalf, and that the provisions of Act 6 codified at 41 P. S. § 101 et seq. and the provisions of Act 91 codified at 35 P. S. §1680.401c et seq. have been complied with. D? Date L en R. Bers ler, Esquire Sworn ty .and Subs ibed before me this day of , 2007. Not?% ALTH OF P NSYLVANIA Notarial Seal FAnastaria B. Loftus, Notary Public f Philadel,os, Philade 2 ?Y Commission E)Ores AWN ,mem!)er, Pennsylvania Association of Notaries #2900247 (148462.055) C?3 fir ' C..r e' {. WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 322 W. Perry Street, Enola, PA 17025, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Ivanoff and 322 West Perry Street Cynthia Ivanoff Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) John Ivanoff and Cynthia Ivanoff 322 West Perry Street Enola, PA 17025 #2900247(148462.055) 3. 4. 5 6. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101-1406 and P.O. Box 8029 Harrisburg, PA 17105-8029 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 -3- Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None. 1 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 made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date Sworn to and Subs ' ed before me this /0 day f Notary Public kikk ARA PA Lauren R. erschler, Esquire , 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Arastasia B. Loftus, Notary Pub1c City Of PNIadelptva. Ptviadeoa County My Commission Expires April 30, 2011 Member, Pennsyivania Association of Notaries -4- EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 #2900252 (148462.055) t -;: G Ln WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1 190 Civil Term NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: JOHN IVANOFF AND CYNTHIA IVANOFF DATE OF SALE: SEPTEMBER 5, 2007 AT 10:00 A.M. PROPERTY TO BE SOLD: 322 WEST PERRY STREET, ENOLA, PA 17025 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $38,401.08, plus interest and costs. To find out how much you must pay, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to stop the sale by filing a petition asking the Court to strike or oper the judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice on page two and how to obtain an attorney). #2900247 (148462.055) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has occurred, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -7- EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 #2900252 (148462.055) c? ? o r - ???Tt C SHERIFF'S RETURN - REGULAR ."CASE NO: 2007-01190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS IVANOFF JOHN ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVANOFF JOHN the DEFENDANT , at 2016:00 HOURS, on the 7th day of March 2007 at 322 WEST PERRY STREET ENOLA, PA 17025 by handing to JOHN IVANOFF a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 4 .40A 03/08/2007 00, WILENTZ GOLDMAN SP ZER Sworn and Subscibed to 31W By: before me this day Deputy Sheriff of , A.D. *h, SHERIFF'S RETURN - REGULAR LASE NO: 2007-01190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIZENS BANK OF PENNSYLVANIA VS IVANOFF JOHN ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon IVANOFF CYNTHIA the DEFENDANT , at 2016:00 HOURS, on the 7th day of March 2007 at 322 WEST PERRY STREET ENOLA, PA 17025 by handing to JOHN IVANOFF, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 16.00v 03/08/2007 bjO WILENTZ GOLDMAN SP ZER 4 Sworn and Subscibed to 31a By: before me this day Deputy Sheriff of A.D. .0 .`, WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term JPM& fC[ • NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: JOHN IVANOFF AND CYNTHIA IVANOFF DATE OF SALE: SEPTEMBER 5, 2007 AT 10:00 A.M. PROPERTY TO BE SOLD: 332 WEST PERRY STREET, ENOLA, PA 17025 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $38,401.08, plus interest and costs. To find out how much you must pay, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice on page two and how to obtain an attorney). #2900247(148462.055) r . •t YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has occurred, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -7- ?s -, N WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term PMpc?c6LAFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 332 W. Perry Street, Enola, PA 17025, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Ivanoff and 332 West Perry Street Cynthia Ivanoff Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) John Ivanoff and Cynthia Ivanoff #2900247 (148462.055) 332 West Perry Street Enola, PA 17025 .. 3. 4 5. 6. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101-1406 and P.O. Box 8029 Harrisburg, PA 17105-8029 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 -3- Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date Sworn)o& S(ibsc tbed before me J I \- N wi V "Lauren *Bersc e r, Esquire 2007. NoWal Seat Julia A. f 13nde, Notary Pudic City Of Philadelphia Phiiadetphia County My Cominwion Exp+res May 29, 2010 Member, Pennsylvania Association of Notaries -4- .& %ft EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 #2900252 (148462.055) 7l 4? WILENTZ, GOLDMAN & SPITZER P.A. DANIEL S. BERNHEIM, 3D, ESQUIRE LAUREN R. BERSCHLER, ESQUIRE Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 Attorneys for Plaintiff CITIZENS BANK OF PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. NO. 07-1190 Civil Term SECOND AMENDED AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I, Lauren R. Berschler, Esquire, having been duly sworn, hereby certify that: 1. The written notice to the Defendants, John Ivanoff and Cynthia Ivanoff of the Amended Writ of Execution and Amended Notice of Sale required under Pa. R.C.P. 3129.2, was personally served upon Defendants John Ivanoff and Cynthia Ivanoff on July 20, 2007, as John Ivanoff personally accepted service of the Amended Writ and Notice of Sale for himself and his wife, Cynthia Ivanoff at 332 West Perry Street, Enola, PA 17025. See Affidavits attached hereto as Exhibit "A." Additionally, the property was also posted with the Amended Writ of Execution and Amended Notice of Sale. See Affidavits attached hereto as Exhibit "B." Respectfully submitted, WILENTZ, GOLDMAN & SPITZER, P.A. BY: iel S. rnheim, 3d, Esquire Lauren R. erschler, Esquire Attorney for Plaintiff, Date: August 22, 2007 Citizens Bank of Pennsylvania #2935280(148462.055) AFFIDAVIT. OF SERVICE PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA DEFENDANT JOHN IVANOFF AND CYNTHIA IVANOFF SERVE UPON: JOHN IVANOFF 332 WEST PERRY STREET ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT NO. 07-1190 TYPE OF ACTION XX AMENDED NOTICE OF SALE AND WRIT OF EXECUTION SERVED 41 Served and made known to Sin X94640 Defendant, on the qD day of t , 200 7, at • 15- o'clock, 4 . - M., at -431 Weak- Occinq Si-rice-1 , Commonwealth of Penns vania, in the manner described below: £Ko tql e p, H a2,5. Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place of business. to give name/relationship. Other Description: Age V* Helght S ?--' Weight aa.a fi Race L) Sex M Other I, C0,1& 66(e Lk.n Vt.'s C, N-0101f , a competent adult, being duly sworn according to law, depose and state that I personally handed to Sep :rVaa. OW- a true and correct copy of the AMENDED NOTICE OF SALE AND WRIT OF EXECUTION issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me is 2 (0 day of , 20&'_. Nota : By: l7 - r,?7 COMMONWEALTH OF PEN?IT,,VED n day of NOTARIA EAL Ot e ay TI 18MAS ?, o'clock . M., Defendant NOT FOUND because: City of Philadelphia, Phila. County Moved U*A ylihission x Ires Fe" s** Vacant Date of Attem : Time of Attem : Result: Sworn to and subscribed before me this day Of , 200_. Notary: By: ATTORNEY WILENTZ, GOLDMAN & SPITZER P.A. TWO PENN CENTER PLAZA, SUITE 910, PHILADELPHIA, PA 19102 AFFIDAVIT OF SERVICE PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA DEFENDANT JOHN IVANOFF AND CYNTHIA IVANOFF COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT NO. 07-1190 SERVE UPON: CYNTHIA IVANOFF 332 WEST PERRY STREET ENOLA, PA 17025 TYPE OF ACTION XX AMENDED NOTICE OF SALE AND WRIT OF EXECUTION /? SERVED Served and made known to T G.r n-k, ra . y'o 6#/? Defendant, on the 2Q day of 70/z 200_, at =15 o'clock, _j. M., at 1432, - a eat Commonwealth of Pennsylvania, in the manner described below: Q,u (Q I PA- o 25' Defendant personally served. _)(_Adult family member with whom Defendant resides. Manager/Clerk of place of lodging in which Defendant resides. Relationship is k us6avid Adult in charge of Defendant's residence who refused Agent or person in charge of Defendant's office or usual place of business. to give name/relationship. Other Description: Age 45+ - Height Weight 22-0± Race W Sex hn Other. I, C01VA0 k De,"'A; S C- 4,4,X-'r , a competent adult, being duly sworn according to law, depose and state that I personally handed to .-0,, M. Q- O ? "s-60ho/1 a true and correct copy of the AMENDED NOTICE OF SALE AND WRIT OF EXECUTION issu in the cap ?oned case on the date and at the address indicated above. Sworn to and subscribed before me th' -2-0 day Of 200_2_. Notary : 60r gy: COMMONWEALTH WRyOt,'IWA NOT RIAL SEAL On the day of THnMASJ, l%tagLpuWir 'clock . M., Defendant NOT FOUND because: City of Philadelphia, Phila. County Moved Un??Evft Commission Ex 2010 Vacant Date of Attem : Time of Attem : Result: OYYVII I W al lu suuscnueu before me this day of , 200. Notary: By: ATTORNEY WILENTZ, GOLDMAN & SPITZER PA. TWO PENN CENTER PLAZA, SUITE 910, PHILADELPHIA, PA 19102 EXHIBIT "B" ` PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA DEFENDANT JOHN IVANOFF AND CYNTHIA IVANOFF SERVE UPON: JOHN IVANOFF IVANOFF 332 WEST PERRY STREET ENOLA, PA 17025 AFFIDAVIT OF SERVICE COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT NO. 07-1190 TYPE OF ACTION XX AMENDED NOTICE OF SALE AND WRIT OF EXECUTION SERVED Served and made known to 3'e to n Z dar, 04 Defendant, on the D 14ay of T..J1 y , 2007 at S?o'clock, _A . M., at 321 West P uc-ew+ Commonwealth of Pennsylvania, in the manner described below: 9'.vlaI Pa- 1?06 Defendant personally served. Adult family member with whom Defendant resides. Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant resides. Agent or person in charge of Defendant's office or usual place of business. Other ]POSTED Description: Age Height Weight Race Sex Other I, CA„Aadblr-- beyt ne% C• NwSre' a competent adult, being duly sworn according to law, depose and state that I personally heRded to posird a true and correct copy of the AMENDED NOTICE OF SALE AND WRIT OF EXECUTION issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before methis, -2-o day of 200-) . Notary: By: N T RUED COMMONWEALTH OF PENNY X_ tt On the day of NOTARIALM.AL o'clock . M., Defendant NOT FOUND because: Moved Ci of Philadelphia, Philo nr Vacant scion E-xflires ??h Date of Attempt: Time of Attem : Result: owvl I I tv al Iu suusunueu before me this day of , 200_. Notary: By: ATTORNEY WILENTZ, GOLDMAN & SPITZER PA. TWO PENN CENTER PLAZA, SUITE 910, PHILADELPHIA, PA 19102 -9-. PLAINTIFF: CITIZENS BANK OF PENNSYLVANIA DEFENDANT JOHN IVANOFF AND CYNTHIA IVANOFF SERVE UPON: CYNTHIA IVANOFF 332 WEST PERRY STREET ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY COURT NO. 07-1190 TYPE OF ACTION XX AMENDED NOTICE OF SALE AND WRIT OF EXECUTION SERVED Served and made known to ?=4a+y a r j,.„o Defendant, on the ?o day of mil; , 200 7 at o'clock, __jg_. M., at 32 1 : - Pew,. &l,mof , Commonwealth of Pennsylvania, in the manner described below: Qhvl.a? P6- 170 s Defendant personally served. Manager/Clerk of place of lodging in which Adult family member with whom Defendant resides. Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who refused or usual place of business. to give name/relationship. X Other POSTED Description: Age Height Weight Race Sex Other. I, f'o?s? tic ?eN his C - N•?i.ef , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the AMENDED NOTICE OF SALE AND WRIT OF EXECUTI N issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me is 2-0 day of , 2007 Notary: COMMONWEALTH On the day of AFFIDAVIT OF SERVICE By: 1>. ?--^ NOT SERVED o'clock . M., Defendant NOT FOUND because: THOMAS P. STRAIN, Notary Public Moved nkn®i4mf Philadelphia. Phit?I.aCB?ll?jwer Vacant My Commission Expires February 4.2010 Date of Attempt: Time of Attempt: Result: Sworn to and subscribed before me this day of , 200_. Notary: By: ATTORNEY WILENTZ, GOLDMAN & SPITZER P.A. TWO PENN CENTER PLAZA, SUITE 910, PHILADELPHIA, PA 19102 r co r? j+J 4k `,? L `E. Citizens Bank of Pennsylvania VS John Ivanoff and Cynthia Ivanoff In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1190 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 2050 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: John Ivanoff and Cynthia Ivanoff, by making known unto Cynthia Ivanoff, personally and adult in charge for John Ivanoff, at 332 West Perry Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1602 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John Ivanoff and Cynthia Ivanoff located at 332 West Perry Street, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John Ivanoff and Cynthia Ivanoff, by regular mail to their last known address of 332 West Perry Street, Enola, PA 17025. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. . Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Berschler. Sheriffs Costs: Docketing 30.00 Poundage 16.43 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 314.27 Share of Bills 15.69 (] $ 837.69 a' ?gl o-1 ?"`' So Answers: R. Thomas me, Sheriff BY JA 0(1 vLAI., Real Estate ergeant a? Ck. 4 ) pv'. 10P.00 WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term 9M%AAJJ, AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 332 W. Perry Street, Enola, PA 17025, as more fully described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Ivanoff and 332 West Perry Street Cynthia Ivanoff Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) John Ivanoff and Cynthia Ivanoff 332 West Perry Street Enola, PA 17025 #2900247(148462.055) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 4. Name and last known address of the last recorded holder of every mortgage of record: Name Citizens Bank of Pennsylvania Address (if address cannot be reasonably ascertained, please so indicate) 2001 Market Street Philadelphia, PA 19103 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101-1406 and P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None. 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: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Bureau of Child Support Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 -3- .r M • Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. ?I Date Lauren R Bersc ler, Esquire Sworn before me 2007. N t ry u Notarial seal Julia A. MoBnde, Notary PuoGc City Of Phii *hia, Phiadeiptia County My Co mission Exprres May 29, 2010 Member, Pennsylvania Association of Notaries -4- y . -• EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 42900252 (148462.055) `Z ,? ? ? - 1(1?' tOtit WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 LAUREN R. BERSCHLER, ESQUIRE, attorney for Plaintiff in the above action, sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 322 W. Perry Street, Enola, PA 17025, as more fiilly described in the metes and bounds description attached hereto, and made a part hereof, and identified as Exhibit "A": 1. Name and address of Owner(s) or Reputed Owner(s): Name Address John Ivanoff and 322 West Perry Street Cynthia Ivanoff Enola, PA 17025 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) John Ivanoff and Cynthia Ivanoff 322 West Perry Street Enola, PA 17025 #2900247 (148462.055) II 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 4. Name and last known address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) Citizens Bank of Pennsylvania 2001 Market Street Philadelphia, PA 19103 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101-1406 and P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) Health & Welfare Building P.O. BOX 2675. Harrisburg, PA 17105 None. 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: Name Address (if address cannot be reasonably ascertained, please so indicate) PA Dept. of Public Welfare- Bureau of Child Support -3- Domestic Relations Section 13 North Hanover Street of Cumberland County Carlisle, PA 17013 7. Name and address of every person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Date Sworn to and Subsc " ed before me this 11+t day f 12?4?-- Notary Public Lauren R. erschler, UEsAquire 12007. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Aria B. Loftus, Notary Public City Of Ph ladelptia, Philadelphia Canty My Commission Expires Apri130, 2011 Member, Pennsylvania Association of Notaries -4- EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Sr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 #2900252 (148462.055) WILENTZ, GOLDMAN & SPITZER P.A. Daniel S. Bernheim, 3d, Esquire Lauren R. Berschler, Esquire Identification Nos. 32736 & 88209 Two Penn Center Plaza, Suite 910 Philadelphia, PA 19102 215.569.0000 Fax 215.636.3999 CITIZENS BANK OF PENNSYLVANIA Plaintiff, V. JOHN IVANOFF and CYNTHIA IVANOFF Defendants. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-1190 Civil Term NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE TO THE DEFENDANT: JOHN IVANOFF AND CYNTHIA IVANOFF DATE OF SALE: SEPTEMBER 5, 2007 AT 10:00 A.M. PROPERTY TO BE SOLD: 322 WEST PERRY STREET, ENOLA, PA 17025 PLACE OF SALE: CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013 To prevent this Sheriff's Sale, you must take immediate action: The sale will be canceled if you pay to Citizens Bank of Pennsylvania the sum of $38,401.08, plus interest and costs. To find out how much you must pay, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice on page two and how to obtain an attorney). #2900247 (148462.055) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling Lauren R. Berschler, Esquire at (412) 255-3767. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has occurred, you may call Lauren R. Berschler, Esquire at (412) 255-3767. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff on a date specified by sheriff not later than thirty (30) days following the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the schedule of distribution. 7. You may also have other rights and defenses or ways of getting your property back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 -7- EXHIBIT "A" ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, Jr., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a partition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hundred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West along same, eighty-three and ten one-hundredths (83.10) feet to a point on the Easterly line of Zion Street; thence Northwardly along same, one hundred twenty (120) feet to a point, the place of beginning. BEING parts of Lots 8, 9, and 10, Section B on Plan No. 1, Noopy's Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi-detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374 #2900252 (148462.055) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1190 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s) From JOHN IVANOFF AND CYNTHIA IVANOFF (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,401.08 L.L. $.50 Interest $1,133.73 FROM 4/10/07 - 9/5/07 (7.41/DAY), PLUS Atty's Comm % Due Prothy $2.00 Atty Paid $154.40 Other Costs Plaintiff Paid Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name LAUREN R. BERSCHLER, ESQUIRE Address: WILENTZ GOLDMAN & SPITZER TWO PENN CENTER, SUITE 910 PHILADELHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 412-255-3767 Supreme Court ID No. 88209 veputy Real Estate Sale # 72 On June 15, 2007 the Sheriff levied upon the defendant's interest iii the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 332 West Perry Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. .Pate: x.15, 20Q,7 By: Real Estate r:?ant 00 .E d q- Nnr 1001 r- •-r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #72 Sworn to and subscribed before ??i??i f Off f 4Z AA Notarial Seal Terry riu.,.:t i °d,,tary Public City Of f G i D ijphiri Caur+ty ' ? My C,,^r?m?ss?.,: ; ? .lone 6, 2J1 G ?!_ / N ARY PUBLIC if CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. tsa arie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 2 _day of August, 2007 Notary (?L NOURK SEAL DEBORAH A COUMIS NOWY Pub1c CARIM BORO. CUIAER1AtND COUNTY MY COA AIdOn DPW API 28, 2010 a wl"MMM"M" W* ft aarri?-1 ISO Civil Citizens Bank of Pennsylvania vs. John Ivanoff and Cynthia Ivanoff Atty.: Lauren R. Berschler DESCRIPTION EXHIBIT' A" ALL THAT CERTAIN tract or par- cel of land situate in East Pennsboro Township, Cumberland County, more particularly bounded and described according to a Survey of William E. Sees, W., Consulting Engineer, dated April 12, 1960, as follows: BEGINNING at a point at the Southeast corner of Perry Street and Zion Street; thence Eastwardly along the Southerly line of Perry Street, eighty-three and ten one-hundredths (83.10) feet to a point; thence South eight (08) degrees thirty (30) minutes East through the center line of a par- tition wall between premises herein described and premises adjoining on the East thereof known as No. 330 Perry Street and beyond, one hun- dred twenty (120) feet to a point on the Northerly line of a ten feet wide private alley; thence South eighty-one (81) degrees thirty (30) minutes West same, ty-three and ten one- I01 Oset to a point as *0 Osourly Mote of Zka 8b 0 0 ; t am, me 1?N1= to a part, **P: of h+ts 8,9, and 10, Section B on Plan No. 1, Noopy`s Addition to Town of Enola, recorded in Plan Book 1 Page 7, Cumberland County Records. HAVING thereon erected a two and one-half story frame semi- detached dwelling known as No. 332 Perry Street, Enola and a one-story block garage. Tax Parcel # 09-14-0832-374. eo(JJt7J A a tt1'uk (F?Ir?bf r ,a }ay i4A ?'y.y{ix.z :"SLltiZL3}Tt;',"S: Ji.' S .k .e+ea.?.*avane.x:w++rrmr.rwwa ."a?.en.:.ecaxecwo,.wwnw?,:?.•wc?a9