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Home My WebLink About00-05783 ,~',- ,- ."~ .' ^r~', "' ' ~,~',', " ,'- '--';.4:'.-""," -. '~ "~,,,~,", "''', ' _,0 '. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee VB. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe, ESQuire at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Florence A. Johnson 446 N, Pitt Street Carlisle, PA 17013 Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curtis R. Long Prothonotary XX Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. ESQuire at (215) 790-1010. '. ',_"" CJ_'~ _.' '~': " ,,4 -'. co', '~ -.' _'r.,"", ,-,', ~cCABE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $68,464.64 Interest from 8/18/00-10/3/00 $ 865.26 TOTAL $69,329.86 (~ ~Z ' - TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff AND NOW, this /~ , 2000, 0c:J0~ day of Judgment is entered in favor of Plaintiff, Bankers Trust Company of California, N.A., As Custodian or Trustee and against Defendants, Mary L. Kieling and Florence A. Johnson and damages are assessed in the amount of $69,329.86, plus interest and costs. BY THE PROTHONOTARY: # r1d;, ~ f). 4 --"~ . " '>"""~- "" '1, ,,'~' , . ~ ' 'i_' , -, ,,-",,' -~- .--'",--:- ,_< ,,,.c"'"'' _'",~_,,____," "", +~ c.- j~ ii I~ I:' i! ~cCAaE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or T:rustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants 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 Relief Act of Congress of 1940 as amended; and that the Defendants, Mary L. Kieling, is over eighteen (18) years of age, and resides at 151 N. Middleton Road, Carlisle, PA 17013 and further Co-Defendant, Florence A. Johnson, is over eighteen (18) years of age, and resides at 446 N. pitt Street, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS .3 ,d DAY {JeT-. OF , 2000. /{jL/)J/ TERRENCE~. MC~ABE, ESQUIRE Attorney for Plaintiff J{~o,~ !OTARY PUBLIC ....~~..l GLOG';, ,.", ',,::LL, NOle,ry Public CilY :;; ,.',jl ,"bl~i'"a, Phila. County Mv Commission Exjlires June 2, 2003 ~..... _~ l -~ ~ . - "~ ~1l:W";', McCABE, WEISBERG AND CONWAY, P. C . 'BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure SWORN TO AND SUBSCRIBED 3rJ., BEFORE ME THIS Exhibit "Au. U No. 237.1 are attached hereto and marked DAY ~{ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff OF f!}d , 2000. OTAR ' NOTARIAL EAl . MITCHELL. Notag Public G~?:~ ~hiladelphi~, Phta ~u~03 M Commission Ex Ires une . '~, J..; , _ _"<',", ,"'" - '"~O. ,'~ ,-.- '~0.~"'+.',,, \..,.,-"~. -'~_""" --. '''''~_'d' ^" _~ _.'':'' ,-<"_,,,," ")-';-.M '.-,"" '''~A " - , ',,~""v'ji VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities, /' # -'~~ LA, / VI-- 1 TERRENCE J. McCABE, ESQUIRE , ' ., "-"),' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COUNTY COURTHOUSE, CARLISLE, PA 17013 September 22, 2000 CUMBERLAND LAWRENCE E. WELKER Prothonotary To: Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Bankers Trust Company of California N.A., As Custodian or: Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 Dr objections to the claims Set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may Lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you tan get legaL help: Court Administrator Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia par no haber presentado una comparecencia escrita, ya sea personalmente 0 por abogado y por no haber radfcado par escrjto con este Tribuna! sus defensas U objeciones alas reclamos formulados en contra suyo. Al no tamar la aeeion debida dentro de diez (10) dias de la feeha de esta notificaeion, el Tribunal padra, sin neeesidad de comparecer usted en corte u air preuba alguna, dietar sentencia en su contra y usted podri~ perder bienes u otras dereehos importantes. Oebe tlever esta natifieaeion a Un abogado inmediatamente. Si usted no tiene abogado, 0 si no tiene dinero suficfente para tal servicio, vaya en persona o (lame par teLefona a La oficina, nambrada para averiguar si puede conseguir asistencia legal. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 this telephone number: (215) 790-1010 at TJM/td EXH\B\l "A . -. 0"'--' ,,:c OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS COUNTY COURTHOUSE, CARLISLE, PA 17013 September 22, 2000 CUMBERLAND LAWRENCE E. WELKER Prothonotary To: Florence A. Johnson 446 N. Pitt Street Carlisle, PA 17013 Bankers Trust Company of California N.A., As Custodian or: Trustee VB. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personalty or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this noticel a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do nat have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Court Administrator cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldi8 por no haber presentado una comparecencia escrita, ya sea personatmente 0 par abogado y par no haber radicado por escrito con este Tribunal sus defensas u objeciones 8 tos reclamos formulados en contra suyo. Al no tomar la accion debida dentra de diez (10) dies de la fecha de esta notificacion, el Tribunal padre I sin necesidad de comparecer usted en corte u air preuba alguna, dictar sentencia en su contra y usted podria perder bienes u otros derechos importantes. Debe llevar esta notificacion a un abogado inmediatamente. Si usted no tiene abogada, 0 51 no tiene dinero .sufic1ente para tal servicio, vaya en persona o llame par telefono a la oficina, nombrada para averiguar si puede conseguir asistencia le9al. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 If you have any questions concerning this notice, please call: Terrence J. McCabe, Esquire McCABE, WEISBERG AND CONWAY, P.C. First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 at this telephone number: (215) 790-1010 TJM/td cXH'B\l " f:i\" ,-:... ~ .""" .11l~1Ii~~~.!;oIi<>;"-"',",~1>i>'&"b"',:,i"ll;'ieJ:~'f~!:";'''''O;,r"',;i~1-;,:b.",l>il1.'"~iUt~.'.",",,l=.. ~-'.-~~&l-:Ml.l~i'4'/l ~ - t~ r ~ 1v ~~ If r "' II! 0" () 'tt. ~ ...0 o D - f-J ~~ -J < ~" (0) ~:~ -o;T-' nlj- ;:::::::..-:, --;-.~ r-- ()l ~-: r:~ ~~~ -< c:' C:'\ ~ ' CJ --,'1 "-_J :") ~~--i 0) :..) .. , ':"':'1 -I> ~-,) -< ::0 Ill! ,~~""",....-~~;""'IJ'~ """""'~~ _ ....oJ "- .~~",....,,";_'"'~~~ . ~'~ ''" JLl -"'''''''~- ~ ~ ...."",...-..- ,~ ;#1OJi;\'~K' IN '!HE COURl' OF CXMDN PLFAS OF <llffiERLAND COONl'Y, PENNSYLVANIA CIVIL DIVISION "fimERs TRUST COMPANY OF CALIFORNIA, N.A., AS CUSTODIAN OR TRUSTEE v. File No. 00-5783 Civil Term Arrount Due $69,329.86 Interest from 10/4/00 at $ II. '10 per diem Atty's Comn Costs $1,015.00 MARY L. KIELING and FLORENCE A. JOHNSON TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installIrent 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 arrended; and for real property pursuant to Act 6 of 1974 as arrended. PRAOCIPE FOR EXECUTION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 446 N. Pitt Street, Carlisle, PA 17013 (See attached description). PRAECIPE FOR ATrACll>lENl' EXECUTION Issue writ of attachment to the Sheriff of N/A County, for debt, interest and costs, as above, directing attachment against the above-narred garnishee(s) for 'the following property (if real estate, supply six copies of the des=iption; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: I;:). -b -00 Signature,--J.\J~ <-.0 fIlr c,~ Print Name: Terrence J(1McCabe, Esq. 123 S. Broad St., Suite 2080 Address: Attorney for: Phi1a., PA 19109 P1aint'iff Telephone, (215) 790-1010 Supreme Court ID No., 16496 ~~~~:&"~,l),~.c."\,i":"..,.",;,"",,",,",,, --.",;.,;'~"~nijf~~i.i'-"'Oi;;r,,-~),,,,C; ;"', -.-e- ",1".<"!"'M~~,~Ei.ff~~'~''if.Ii.ili''~~M il.bI .- ~ltl! ',. Notes, If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ,U ~'~..~~"~-.-~, >' ~~ II!! " ~,,~ -. "'" ALL THAT CERTAIN TRACT OE' LMD WITH THE IMl?ROVE:MI!:lNTS THEREON ERECTED, SITUATE IN THE FIFTH WARD OF THE :BOROUGH OF CARLISLE, CUMBE~ COUNTY', PENNSYLVANIA, BOUNDED 1iliD DESCRIBED AS FOLLOWS: ON THE EAST :BY NORTH PITT STREET; ON 'l'H8: }::foRTH BY LAND NOW OR :&,ORMlmLY OB' HARRY :BEECHER: ON THE WEST BY AN ]JJ..J..,EY: 1'J:l1J ON THE SOUTH BY LAND NOW OR FO!UdERLY OF ~ GAR:aER: HAVING A FRONTAGE OIi' 30 FEET ON' NORTH PITT S~T AND EXTENDl'NG 165 FltEl!' IN DEPTH; A:ND BEING IMPROVED WI'l'H 'l'HJil SOUTHERN HALF OF A TWO-S'l'OltY FRAM&l rmELt.ING ('l'HE NORTHl!:'RN I..INE RUNNING THROUGH THE DIVIS lOll WALL B1i:'l'WlIlEN THE DOUBLE DWlllLLINGS) KNOWN AS NO. 446 NORTH PITT S~ET. Tax I.D. No. 06-20-1798-276 .~'~ "l1 ",""",0 - -'= . !_~~iiil!f..iiii~i~lEiliili"A":h-~-:",_,:~- __",'1,_1...,-.' """""',i."",","~a,;:MiIulll Ji~"lti.llr .~ .~~.d""'L<i!li~"'" '-. ~ " -&cl. ...... "" ~ - t..J 0.() 0() r- ~ . . . :-- .lq ~ ...... Q> 0 ~ 01 0 a 0 .... D- c: 0 .." . 0 C 0 g 1k (:) cl 0 0 r,::J _._1, f) "Uro r'T1 -,. ~ Co rtlrTi. ,,.., :-;~ f1J z:c I zc ,_""m (jJ>" I" .~? -=< ---::~ r;: c: ~iC) 1'-- fYJ ~ ff! -0 'T ~" ..... );; i.:s:D c- ..... (' ... ... zQ 3: , ... ... "- , :~7C) g tv -, ... , 5>2 ~ om ~ ~ ... ~ z U'l );! , .. ~ :;! ::0 ~ ., .OJ "> . "- ... -< , r l' ! , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union BUilding 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs, Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 446 N. pitt Street, Carlisle, PA 17013, a copy of the description of said property is attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) Name Address Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A. Johnson 446 N, pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A. Johnson 446 N. Pitt Street Carlisle, PA 17013 ,. "" .~ '-.. ",,-' ,<-,'''--' ,',,^, ,-,.", ':-'--;:"~-;";""'''''';'<'''"' ,'Co;, ,~,;., .,>,_", "",; 'r.:_~';J"_ .' " 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 Plaintiff herein, 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6, plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 446 N, pitt Street Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. IJ. -~ -00 )lQMg~o,f 121<: fdlt TE RENCE , CABE, E UIRE Attorney for Plaintiff DATE . . ALL TAA~ CERTAIN' II'RACT OF LA1ID WITH THE .IMl?ROVEMltlNTS THEREON ERECTED, SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMB.ERLAND COtJN'1'Y ( PENNSnVAlUA, BOUNDED Alttl DESCRIBED AS FOLLOWS: ON THE mAST :BY NORTH PITT STREET; ON THE NORTH BY LAND NOW OR l'ORMH:iU.Y OF HARRY' BEECHER; ON THE WEST BY AN AJ.,LEY; AUO ON THE: SOUTH BY LAND NOW OR rOJ:U.:tlilR!.ill OF 1IM1\NnA GARBER.; HAVING A FRONTAGHl OF 30 FEET ON NORTH PITT STREET .AND EXTElmING 165 :&'EET IN DEPTH; AND BEING IMPROVlCD WI:'I'H '!'HE SOUTHERN HMoF OF A 'l'WO-S'l'ORY FRAMHl DWELLING ('l'HE NORTHERN LINE RUNNI.NG 'l'HROUGH THE DIVISION WALL BE'lWlIlEN THE DOUaLm DWELLINGS) KNOWN AS NO. 446' NORTH PIT1' STREIlT. Tax I.D. No. 06-20-1798-276 '~:XHIBIT UA' .-- ~~~lIiW~~m:$jlitfijlilll'ijW--"",,"1H\!l<';<i!"'~- ",;,~ -_1>,hhl.litoill_~ !D._~ L .0..='" HI - jm~ '"~Ilil\iI~~-""e.L>"'~~" 0 0 0 C 0 '''''1 <' <::) -0"': '"-1 nl~ Pl ., ~::D C") :7-n;1] (f,5; 1'0 ~'gc; -<.,-. C~(L) ~C:- "D :..:.: :5~ ~C) :x ) ., -==6 ",0 Pc:: r;? om ~. --j UJ >~ .-J :0 -< ., . ", "^ .10.'" '''. ,-. ~c ,. .~, ""'--'-'-""'~",_',,' "'~~'.,~c-",~ "-..,' "'C-~~'~,"""'~-'".c,,,C-~:...',. ,,,~_-'~'''. . h .. McCABE. WEISBERG AND CONWAY. P.C. BY: TERRENCE J. McCABE. ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street. Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A, Johnson 446 N. Pitt Street Carlisle, PA 17013 Your house (real estate) at 446 N, Pitt Street, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 7, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $69,329.86 obtained by Bankers Trust Company of California, N,A., as Custodian or Trustee against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: ~ .-- '" "" .~"' "'''''~~". ".~ .,~ -,.", ,''''' ' , "~, -'~;~;';-,><-' '. . ,.,"', '" 0 -<,,:_~,,~~ ,-_,_' ,~."'''" ""w"",,,_~__" ., _'j I ,. 1. The sale will be canceled if you pay to Bankers Trust Company of California, N.A., as Custodian or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J, McCabe, Esquire at (215) 790-1010. 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 the following notice on how to obtain an attorney.) 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 bid by calling Terrence J. McCabe, Esquire at (215) 790-1010, 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 on the sale. To find out if this has happened, you may call Terrence J, McCabe, Esquire at (215) 790-1010, 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 within thirty (30) days of the sheriff's sale, This -,,-.,-',""', ->"', .- ,; 1_, .- v_.' ",' ~" .. .,,-.'- '" ,'"',.'~- ~',,," '.,,~, . .. "',,,"'-'-.-..' -'. '-~(,; J"'~~ """""":;"-,-;"'h,."",'-'i,_S:"~"',;'-'"'<'~'_" ,',',-^'_, 1 I I ~ 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 schedule of 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 real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - '"........... ~ ~",' -, - >> ALL THAT CERTAIN' TRACT OF LAND WITH THE IM1?ROVEMENTS T.rnmEON ERECTED, SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARL:ISLE, CUMBE~ COUN~, PENNSYLVANIA, BOUNDED 1U.ID DESCRIBED AS FOLLOWS: ON THE :tAST BY NORTH PITT STREET: ON THIi: NORTH BY LAN.[) NOW OR li'om.m:RLY or HARRY BEECHER; ON THE WEST BY .AN ,M..LEY; .AND 01'1' THE SOUTH BY LAND NOW OR FOlU1ERLY OF .AWANDA GARaER; HAVJ:liG A mONTAGE OIi' 30 FEET ON NORTH PITT S'IREET AlID EXTENDING 155 FEET III DEPTH,. AND BEING IMPROVED WITH ~ SOUTHmRN HM-oF OF A TWO-STORY FR1\MBl nwmLLING ('!'HE NORTHmRN LINE RUNNING THROUGH THE DIVISION W1U.L BETWEEN THE DOUBLE DWELLINGS) KNOWN AS NO. 445 NoaTH PITT STREET. Tax I.D. No. 06-20-1798-276 _ ~ --hl ,~< ,- ,.",--",',,' .,';'" ~v ,,;;-..),,, ;;0, ;.r"';",,, ". ",,,-,'''<~, ,,--, ,'_~'",x-;,,'<~''-'' ",," " "- '" <~ McCABE, WEISBERG AND CONWAY, P.C. BY: 'TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Ii: Attorney for Plaintiff I', " Bankers Trust Company of California, N.A., As Custodian or Trustee CUMBERLAND COUNTY COURT OF COMMON PLEAS ~ , J:: vs, Mary L. Kieling and Florence A. Johnson NUMBER 00-5783 Civil Term if I , t i i AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 12th DAY OF JANUARY, I r , j., , , 2001, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "Au. Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." ...'\ClN\.D N\DC) ~,~ili.l J.-() TERRENCE J. McC BE, ESQUIRE~ SWORN TO AND SUBSCRIBED BEFORE ME THIS 12th DAY OF JANUARY, 2001. t;f~cf It-;at; NOTARY PUBLIC b .. "".'--'-"- !,.' _, /1;,:" .':;, , ~-'-1 M Cb~~~~~iethj~e~;~~v'~~~;~4 ' b, '" , ",,' ,."" .-~~" -~ --e~-,. "A ,-;_<,.'_~'"_'"_ '-"M'-, -,_ .~--" ~, ,'- , -~.- - """"~] '" k i McCABE, WEISBERG AND CONWAY, P.C. BY: ~ERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff f,' Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term I.,: h, I i; L AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above i,' I;, action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 446 N. pitt Street, Carlisle, PA 17013, a copy of the description of said property is Mary L. Kieling 151 N. Middleton Rd,Carlisle, PA 17013 i I I' i attached hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s): Name Address Florence A. Johnson 446 N. pitt St,Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Mary L. Kieling 151 N. Middleton Rd,Carlisle, PA 17013 Florence A. Johnson 446 N. pitt St,Carlisle, PA 17013 3. Name and last is a record lien on the Name known address of every judgment real property to be sold: Address creditor whose judgment Plaintiff herein. 4. record: Name and address of the last recorded holder of every mortgage of Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. EXHIBIT "1\' ..,,-- J" .'.-,-,.., _"~,~.-_/ - - &1 -,' ~ '" .., '->1'-;:1"- "",.,;;,;:,;",_ ;,,'(<,',,~_.,SJ~ -,H'-~~"-.;~__-'_'~'\i",b__,,,_A,,__' "."-,,,_" ~-';'. 6. knowl>edge sale: Name and address of every other person of whom the Plaintiff has who has any interest in the property which may be affected by the Name Address Tenant (s) 446 N. Pitt st, Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 12, 2001 ,,-~)\\\J) \'{{\ Q ~ ~ (l Q te TERRENCE J. McC E, SQUIRE Attorney for Plaintiff DATE EXHIBIT "P\.' - ,-"",,, 'L~,,;,W~" ,;,;;,,-,.'~ .'., _' _", "-__,~.; - - ,", ,,,-,J, --. - ",,,~-,-,\.., ,'-,.-, -"j: McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term DATE: January f6l.r 2001 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Mary L. Kieling and Florence A. Johnson PROPERTY: 446 N. Pitt Street, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriff's Sale on March 7, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold an interest in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXH\B\l "B" ~-~'11- " rn, 6' :3 ~~ ,. "0 a 'c", as mm 0. cr~ ~~ mm , ~ !Sa ~" i! m o ~ co co co fli'ot S-a ~'z o.C m~ -m (1~ "a @;l' ,,~ m0 o o 3 "0 ! ~ ~ "0 .. ~. 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'. - ~~; ~ ~ C?; ~- r5 ;., d ~ elf) '\;)- f; r'0> '.:}~ ~1: Jie; :;! y. r ;:$ ff Ci ~. 'f) ''] , P- P C ? L( "Y o rP 'J )< ~ u .~~~" 31 T "I~" "~~.IllIlIiIIlliil_iIIf1i1 '" ~ p }-z ~U ) -\ ~ g f (" ~! o ~~ o " 1f'J ~ ( " o -~ # r .. m 2.~Z ",0." .. 0. 3 ::Jmrtl ~;g 0. '" ,. ~ ~ ~ m m Z m . !' "' " )P. ""0 ~ i x N-r<:! .... (";;;' ;;: "''''; (') 0"';' mt:nc::c::: ~S-l"':i' :c-t:C~i ii-m tt1V , 't'>N'OZ ,#' 0- ~~~5; .,.." C/:l5; ~ ;dZI C rn@' .., !!.l 00009 .. 8~ffi'i~ O@~'iil~ o.$'g:(D [ 9, 3 " 0000" ..{- r ~ V, m d I a-" n !!.~lDfli' IV ('):I:' :03:2' ..,f- ;:J"~ b'Pl i 3 !!!o.:;), a.J] ( g::J 3'0 (II __ 10:1 (II 0 r".,~ ~:-~. 'Y 0 - '_ ):0 :;) J) ") =;;~B ~ ~o:og).g 0' ';'^ t3 < .... (1-' . II) s:: ('-Iii (II g. Iv m , 0. .. m .- ? <3' m0 c5i mm 0. -:J 0 00 g.::o: _c 0 _m 1lil' Orn - Om Z 3' "'''' 0' g 0 0- tn' &J 0. C ~iit ~ 3' . ~ 0. H "'''' a ~ m", '" ~o m" ~~&i~ "'~ = o-On>< =:....(DCIJ -~aS' c.~3 &g-o ~m~d' gcD~ \1IJ: -CI) Il) (D (!):r _0 @ "11m aQi 83-'" mo:o~--g.O)(jr ~!:b ~ =~ .." ' ~ ~ "6' Q. alp II m ~- ~rn m" "V '" m ~ ~ '~ . '" STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, ____-_________________________________________________________________________Ilecorderof Deeds in and for said County and Slate do hereby certify that the Sheriff's Deed in which ________________ Bankers TrSut Co of CA N A -----------------------~------------------------------------________________________ uthegr.anree tbe same having been sold to said grantee on the ________7_!!:___________________________________ day of March < 2001 ________________________________________ A. D., ' _____, under and by virtue of a wriL_____________ Execution . 12th ___ _____ ___ _________________ ___ _____ __ _____ ___ __ ISSUed on the _____________ ___ n n __ ____ __ __ ____ ___ Dec day of __________________________ A. D., 2000 -____, out of the Court of Cornman Pleas of said County as of Civil 2000 -----------....-------------- ----.-.----------------- -- -----__ _____________ __ ________ _ Term, : 5783 Bankers Trsut Co of CA N A Number ______________, at the suit of -----------------_____________________________n_______________ . Mary L Kieling & Florence A JohnsQn ________ _____ ----- -------___ __ _ __ __ agalnst____ ___________ __________ __ ____ __ ______ ______ ____ ___ IS duly recorded in Sherifrs Deed Book No. ____n~_~~__' Page ____________. 172 IN TESTIMONY WHEIlEOF, I have hereunto . ---fk set my hand and seal of said office t~1!.________ day - -------------/7-~ D~d~+- - -~- ~-- ------ eco of Deeds Wijjj( filM I, Cumberland County. Ca~, ~ Iil~ ~ fl(jlires the First Monday of Jan. 201lI " . ~ ......... , ~ G~ ~, . v Bankers Trust Company of California, N.A. As custodian or trustee -vs- Mary L. Kieling and Florence A. Johnson In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-5783 Civil Michael E. Barrick, Deputy Sheriff, who being duIy sworn according to law, says on January 8, 2001 at 11 :20 A.M.EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Mary L. Kieling by making known unto Mary L. Kieling at 151 North Middleton Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael E. Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 8, 2001 at 9:05 o'clock A.M. EST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon one of the within named defendants to wit: Florence A. Johnson by making known unto Florence Johnson at 446 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copies of the same. Michael E. Barrick, Deputy Sheriff, who being duIy sworn according to law, says on January 8, 2001 at 9:05 o'clock A.M. EST, he posted a true copy of Real Estate Writ Notice Poster and Description on the property of Mary L. Kieling and Florence A. Johnson located at 446 North Pitt Street, Carlisle, Pennsylvania according to law. R. Thomas Kline Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheirff mailed a notice of the pendency of the action to one of the within named defendants to wit: Mary L. Kieling by reguIar mail to her last known address 151 North Middleton Road, Carlisle, Pennsylvania. This letter was mailed under the date of January 9, 2001 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one ofthe within named defendants to wit: Florence A. Johnson by reguIar mail to her last known address 446 North Pitt Street, Carlisle, Pennsylvania. This letter was mailed under the date of January 9, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duIy sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M., E.S.T. and sold the same for the sum of $1.00 to Attorney James Flower for Bankers Trust Co. of California N.A., As Custodian or Trustee. It being highest bid and best price received for the same Bankers Trust Co. of California N.A., As Custodian or Trustee, of 10790 Rancho Bernardo Road, San Diego, CA 92127, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $556.06 it being costs. Sheriff s Costs Docketing Posting Bills Poundage Advertising 30.00 15.00 10.90 15.00 Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 10.00 .50 1.00 6.20 1.49 15.00 30.00 181.70 132.24 25.53 25.00 26.50 556.06 paid by Attorney 03-12-01 Sworn and Subscribed to Before Me ?~~-~~r7~ This (.~ Dayof ~ 2001A.D.~" Q~.~ Pr th notary R. Thomas Kline, Sheriff BY~/-",,~~ Real Estate Deputy ., "'h~'~i, 30,""~~ Ue.- I. "l> 31'1'1(" ,~ JOy'ikJ "~- , "' . " ,. . , ~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 !, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 446 N. Pitt Street, Carlisle, PA 17013, a copy of the description of said property is attached. hereto and marked Exhibit "A." 1. Name and address of Owner(s) or Reputed Owner(s) : Name Address Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A. Johnson 446 N. pitt Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A. Johnson 446 N. pitt Street Carlisle,PA 17013 - ~--- I. ." . . " 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 Plaintiff herein. 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: Name Address None. 6 . Plaintiff which may Name and address of every has knowledge who has any be affected by the sale: other person of whom the interest in the property Name Address Tenant(s) 446 N. Pitt Street Carlisle, PA 17013 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17015 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. la - co 00 ~D f\I\!d'1C!fl f!7( r;~ TE RENCE : CABE, E UIRE Attorney for Plaintiff DATE ~" "- " , . l\LL TMT CERT1\.IN T~T OF L:ANO WITH THE IMl?P.OVEMEN'I'S THE:a.EON ElUllCTED, SUUATE IN THE FIFTH WARD 61' THE BoaOlJGli OF CARL:CSLE, CUMBERLAND COUNTY, PlllbmSYLVAlUA, SOUNDED.AND DEScaISED AS Ji'OLWOWS: ON THE :BlAST BY NO~TH PITI'J! STRElC'll; ON 'l'Hlil NOR.TH BY LAND NOW OR i'ORMBlRLY OF HARRY BElIlCHERi ON THE WES~ BY Nfl .lUiL,my,' AND oN' ~HE SOUI1'H BY LAND NOW OR FO.RMEIU.iY OF .A:MANDA GARB1IlR; HAVING A lmON'J;'AGE OF 30 FEET ON Noo.TH PITT ST:RE:H:T Al!lD EXTENDING 165 FEET IN DEPTH; .AND BEDl'G IMPROVED WJ:m THE SaUTl-UilRN HALl' OF A TWO-STORY FRAMIll DWELLING ('I'HRl NORTHEIW LJ:NE RUNNI:NG 'I'HB.OUGfi THE DIVISJ:O~ WALL :B1Il'1'NBlEN IJ:lfiE DOUm.m DWELLINGS) I<:NOWN AS NO. 44.6 NORTH PITT STREm'l'. Tax I.D. No. 06-20-1798-276 '1~,:')(HIBIT " , ~- -~ ~J.. ~,~. ri_'1.'_' . , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California, N.A., As Custodian or Trustee vs. Mary L. Kieling and Florence A. Johnson CUMBERLAND COUNTY COURT OF COMMON PLEAS NUMBER 00-5783 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO:. Mary L. Kieling 151 N. Middleton Road Carlisle, PA 17013 Florence A. Johnson 446 N. pitt Street Carlisle, PA 17013 Your house (real estate) at 446 N. Pitt Street, Carlisle, PA 17013 (more fully described as attached) is scheduled to be sold at Sheriff's Sale on March 7, 2001 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $69,329.86 obtained by Bankers Trust Company of California, N.A., as Custodian or Trustee against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: - ,_ 0 .~ " '-'''''''1 1. The sale will be canceled if you pay to Bankers Trust Company of California, N.A., as Custodian or Trustee the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 the following notice on how to obtain an attorney.) 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 bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 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 within thirty (30) days of the sheriff's 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 schedule of 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 real estate 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .L ~ ." . . . ALL TIi1\.T CERTAIN TRACT OF LA>1I> WITH THill IMPROVEMENTS THEIlEON ll::RECTED, S ITUATIIl IN THill FIFTH W>\ll.D O'S' lJ:'HE BOROUGH 01' CAELISLlll, CUleE~ COlThlTr, PENN'SYLVAm:A, SOUNDED.1lND DBlSCRIBEC AS FOLLOWS: ON lJ:'HE mAST BY NORTH PIT'r STREET; ON lJ:'1iE NORTH BY LAND NOW OR li'ORlo:lliJRL-Y OF HARRY' BEECHBlR; ON lJ:'HE WES~ BY, AN 1\LLEY; .MlD oN ~HE soUTH BY !..AND NOW OR i'OIUdEBLY OF ~ GMWEB.; HAVING A :&'RONTAGE OF 30 FEET ON NORTH PI'l'T STREET AND BlKTlCNl)ING 165 1i'EET IN DEPTH; AND BEING IMPROVED WITH 'l'Hlil saU'1'HE:QN HALF OF A 'l'WO-S'l'ORY i'W\MBl DWELLING: (ll'HE NORTHERN LINE RUNNING THROUGH THlD DIVISION WALL SETW'mE'N JIlHm DOUBLE ZJWELLINGS) KNOWN AS NO. 446 NORTH PIT!t' STR$'ET. Tax I.D. No. 06-20-1798-276 r , , ~ ~;, . . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT~Q~ PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 00-5783 CIVIL TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Custodian or Trustee Bankers Trust Company of California, N.A., as from PLAINTIFF(S) Mary L. Kieling and Florence A. Johnson, 446 N. pitt Street, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Lecral Description "','0,1 ,,:;1. '..'., (2) You are also directed to allach the property of the defendant(s) not levied upon in the possession of ~1.,.,.., .- ,8:'"- .' :-- . ~j.".j::.' i:)ijf!l' r "!!c':Pt\..<; GARNISHEE(S) as follows: anftlb not~y the g<lmishee(s) that: (a) an !\l;~ll.\ihn1enl has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of thedl!fenliai:1t(i;);notJe\lied upon an subjecllo allachme9t is found in the possession of anyone other than a named garnishee, you are direeted~o, nolifyhim/herthat he/she has been added asa garnishee and is enjoined as above stated. . Amount Due $69,329.86 Ally's Comm Ally Paid Plaintiff Paid % L.L. $ ~n Due Prothy $1 00 Other Costs $1. 015. 00 Interest fr()1Tl 1 n/4/nn "t- $11 4n ppr n; pm $1l9.10 Date: December 12,2000 Curtis R. Long Prothonotary. Civil Division ~: a 0/'0' - [! 7l?C1'/UY~ r-- Deputy REQUESTING PARTY: Name Allorney for: Telephone: Supreme Court 10 No. Terrence J. McCabe, Esq. 123 S. Broad St., Suite philadelphia, FA 19109 plaintiff 2080 Address: , ! , ,I::, 215-790-1010 16496 ~_"""'''''-''o'"'''"'''_~''''o\_ilili1ti:il!njj;Il~:!!l!",i~m;,ll<;''';O:,''_'''''_--'_'_ - __, ",_""",~,'W,'i"'1:':w,\-4aMldlil~.,~~' ,~, 'Ia.~t~~~~,~"",,",~ ~ . REJ'1I ESTATE SALE N.CJ.~(., .~,. ~ /~ -<.~ the sneriff levied upon the detenaarH;;, interest in the real property situated in ~ . a", L a..... -f cumberland County, Pa., KW;Wii and numberedas:ifi/' 1J~.tIf~ ~~AL ano more \\.li . cscribed on Exhibit "A" filed with this writ and by this reference incorporated herein. ,..:A_-J.....'f.:J,pj- BY.${V~ ~~-12 ./J VINV ^ lA S Ii N3td 3lSI.I~V:) 00. Wd so 2 EI ~ao At:~3i i~n~J::.iio . '" \ \'; I I I i I I . ~ i ~.. ~-,~"-, -. ESTATE SALE N0. 26 Writ No. 2000-5783 Civ1l Bankers Trust Company of California N.A. as custodian or trustee vs. Mary L. Kieling and Florence A. Johnson Atty.; Terrence McCabe ALL THAT CERTAlN tract of land with the improvements thereon erected. situate in the Fifth Ward of the Borough of Carlisle. Cumberland County, Pennsylvania. bounded and described as follows: On the east by North Pitt Street; on the north by land now or for- merly of Harry Beecher; on the west by an alley; and on the south by land now or formerly of Amanda Garber; having a frontage of 30 feet on North Pitt Street and extending 165 feet in depth; and being 1m- proved With .the southern half of a two-story frame dwelling (the north- ern line running through the divi- sion wall between the double dwell- ings) known as No. 446 North Pitt - Street. Tax J.D. No. 06-20-1798-276. - '" - ,'^ ~"_,"",L""",,",l""""'_ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the officia11egal 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: JANUARY 19,26, FEBRUARY 2, 2001 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. ~ Roger M. Morgenthal, EdItor SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY, 2001 I<. . .SEAl. LOiS E. SNYDIiR, .Nolory PuDIic Corlioht lore, C...bIlrlondCounty, PI<. My Commluion Exp;~Man:h 5, 2001 . C RE/(L-. E~N~TE'~~ENO.~o' ... wrn. o.2Q00-57a:l , , ,'"CMf't~rm Banker'Trust company <if. California N.A. as . "custodian Of trustee vs Mary L. Klellng and f1oren'ce A. Jobnson '.:. Ally: Jerrence McCabe AU' iliat certam ',rrad' 'of ..land with the , im-ptovemt-nt., ,t:lie'l,tnn' 'trct.ted. sltuate in the' f1ft~ ,w3r~ of tIt!;', BOgll)gn. of Cnllsle, qiri.l;iei1i~d Co;Wlly< l'e'lJnsylvanla, bounded -and d~cnbed as"!nllcws un the East by North ~ Pltf Sfteet; on the North bv land now or (ormerlv af Harry Beech~ on the'West by an alley; ana -Gt\' t'he South bv' [and ,rtOW or lorrely of : Amanda,Gatbet; l:tJ\ing a frontage of.9P...rg~-I pf _ :oifh Pitt Str~,et apd ~x~end,ing)05 f~~,~,:itJ,:g~tl~;.' , ing fniprow.?d willi the sOlllhelii:mf ,of ,i':: ira,~~", <hoIeQin,g:, {fu~, JI,Ql:tIi#ri", lli-ie:! ':,.... '" ,', thr:ciyg~':tti,~:A~\1,5i~1'l,..~a\tb.~~'n"t,~:t< J:::".'4q;lb~e chv:dlings} 4~:i"~11 ;1.S' No. '446 NOdh 'Pili ',:'::S-ireet. - ,,' . J'~~l.Q. .~~!!-~p:17~27~ n_ _ ~ ~_ < . ~~. ~' ~ 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 Michael Morrow being duly sworn according to law, deposes and says: That he is the Ass!. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonweaith of Pennsylvania. with its prlncipai office and place of business at 812 to 818 Market Street. in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sundav Patriot-News newspapers of general circulation. printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 30th day(s) of January and the 6th and 13th day(s) of February 2001. 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 uphin in Miscellaneous Book "M". Volume 14, Page 317. PUBLICATION COpy SALE#26 Notarial Seal Teny L Russell, Notary pu Hallisburg. Dauphin County My Commission Expires June 6. 2002 Mem""r, Pennsylvania Association of Not8Mja commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , , Statement of Advertising Costs To THE PATRIOT-NEWS CO.. Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 130.74 1.50 132.24 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav Patriot-News, newspapers of generai circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By.................................................................... - ~, 4 lWi- .,' '.It:; ~ \ SHERIFF'S RETURN - REGULAR CASE NO: 2000-05783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS KIELING MARY L ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KIELING MARY L the DEFENDANT , at 0014:39 HOURS, on the 31st day of August , 2000 at 151 N MIDDLETON ROAD CARLISLE, PA 17013 by handing to MARY L. KIELING a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 ~~.r/-c~~~ R. Thomas Kline 09/01/2000 MCCABE, WEISBERG & CONWAY Sworn and Subscribed to before By: \J~~. \LJ.l Deputy Sheriff me this S~ day of ~;L~ . A.D. (kO.~ -) prothonotary'~ "'~- ,~ ,~ .~~ ~"-" 'liifillllk~""'~ , " SHERIFF'S RETURN - REGULAR CASE NO: 2000-05783 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS KIELING MARY L ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON FLORENCE A the DEFENDANT , at 0020:10 HOURS, on the 25th day of August , 2000 at 446 N PITT STREET CARISLE, PA 17013 by handing to FLORENCE JOHNSON a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~~~~<~~ R. Thomas Kline 09/01/2000 MCCABE, WEISBERG & CONWAY me Sworn and Subscribed to before this d~ day of J,-r.:.:f~., ~ A.D. ~r2~_~ rothonotary . By: ~QillY) ~. ~ Deputy Sheriff ~ -- ! McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bankers Trust Company of California N.A., As Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 v. Mary L. Kieling 446 N. Pitt Street Carlisle, PA 17013 and Florence A. Johnson 446 N. Pitt Street Carlisle, PA 17013 ~ -', -,'-'-', -- , ,"","";. ,--,~'" , , ><" '-', ~,-;.~ Attorney for Plaintiff Cumberland County Court of Common Pleas Number 00 - ~7.R3 Ciul(T~ CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVIsa You have been sued in court. If you wish to defend against the claims set forth Tn the following pages, you must take action within twenty (20) days after this comptaint 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 lf you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted en La corte. Sf usted qui ere defenderse de estas demandas ex~puestas en las paginas slguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y La notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso 0 notificacion. Ademas, La corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otraS derechos impartantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TmNE ABOGADO o SI NO TIENE EL DINERO SUFICmNTE DE PAGAR TALSERVICO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENlRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carl isle, PA 17013 (717) 249-3166 ^ '0'" -'".- "."'-"~< '-.,', '.';;:'.<',<,-,. ,- "',{ ,,--< .',','4,. -_7~"~",..k.',~~,, .'"'<;> ~','_ , ~,~ ':,'^ , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California N.A., As Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. Mary L. Kieling 446 N. pitt Street Carlisle, PA 17013 and Florence A. Johnson 446 N. pitt Street Carlisle, PA 17013 Number CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Bankers Trust Company of California N.A., As Custodian or Trustee, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Mary L. Kieling, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 446 N. Pitt Street, Carlisle, PA 17013. 3. The Defendant is Florence A. Johnson, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 446 N. Pitt Street, Carlisle, PA 17013. ~ . --,-""" ">, - ,~"'. .; ,;,: .^--' "';.., - '" '0 ,- -~ _' , 4. On 1/21/98, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Eastern Savings Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1427, Page 1063. 5. On 12/28/98, the aforesaid mortgage was thereafter assigned by Eastern Savings Bank, FSB to Bankers Trust Company of California N.A., As Custodian or Trustee, plaintiff herein, by Assignment of Mortgage recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 598, page 1046. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 446 N. Pitt Street, Carlisle, PA 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due April 26, 2000 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest 3/26/00 through 8/17/00 (Plus $18.81 per diem thereafter) Attorney's Fee Late Charges Deferred Late Charges NSF Cost of Suit Appraisal Fee Title Search GRAND TOTAL $61,616.43 $ 2,708.64 $ 3,080.82 $ 118.76 $ 374.99 $ 15.00 $ 225.00 $ 125.00 $ 200.00 $68,464.64 , ----0 n'" ,,_, ".- ~ ,~ -,' ,-":;.-'- ,~~" 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 have been sent to Defendant by certified mail on the date set forth in the true and correct copies of such notices attached hereto as Exhibit "B." WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $68,464.64, together with interest at the rate of $18.81 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgage property. ~~~2JJ~ Attorney for Plaintiff - ~"" ~ --',. . ~~'_& - ,,-~- ~<,. - ~ VERIFICATION The undersigned, Debra Harrow, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, ~\t.U~ \( us\- (\'C\\~()i 0+ Co.\;~or(\IO- ,,-\.f\.. . (>1- cJ. , and that she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subj ect to the penal ties of 18 PA. C. S. S;4904 relating to unsworn falsification to authorities. {).iuvJ rJ.h A A/tz.ir . DEBRA HARROW ,_~ ....b_ ~ ~ _ W., ~.."."."..~..~ '"--~- ~., ---- , ~. '9olc b ~(,er.Rj 'P. ZIl:GLEH 'i~COF.D~'~ OF D~ED~ (;;:M8ERlAND COU~lry~f'~ Return to: EFS/Mechanicsburg 4120 Old Gettysburg Road Suite 209 t.teenal'liesburg. PA 11055 li'l.e 823.47,\ Uniform Parcel Identification 9.~ Uv"'1V~ 'S8 JAI. 23 Pl'I12 10 Parcel Number: [Space Above This line For Recording Datal MORTGAGE /00 t.Sct'r- >Y jI'''?-<'7 ms-'MOR:fGAGE (WSecurity InstrumentW) is given on' this 21st day of January. 1998 MARY L. KIELING and FLORENCE A. JOHNSON . The mortgagor is ("BorrowerW). This Security Instrument is given to Eastern Savings aank, fsb which is organized and existing under the laws of The United States of America , and whose ~d~sis 11350 McCormick Road, Ste. 200, Hunt Valley, Me 21031 (wLenderW). Borrower owes Lender the principal sum of Sixty Two Thousand Four Hundred and 00/100. Dollars (U.S. $62,400.00 ). This debt is evidenced by Borrower's note dated tbe same date as this Security Instrument ("Noten), wblcb provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 26, 2028 This Security Instrument secures to Lender: (a) the repayment of tbe debt evidenced by the NC!te, with interest. and all renewals, ex.tensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security InstrUment and the ,Note. For this purpose, Borrower does hereby mortgage, grant and convey to Leader the following described property located in Ctunberland CoUllty, Pennsylvania: SEE EXHIBIT "A" AT'l'ACHED HERETO AND MADE A PAR'!' HEREOF. . which has the address of 446 N PITT ST, P~sYNwOOa 17013 PENNSYLVANIA-Single Family-FNMAiFHLMC A!I!tl. UNIFORM INSTRUMENT Form 3039 9/90 ~ .6R(PAJ (9410),03 Amended 5/91 paga.:-'of6 llll~alt:~ 'JMPM(I~GMl!. f<3N.AS.\aOOW,:z\.7191 919-.:T" Carlisle iZlp Codr.} ("Property AddressW); [Street,City], .Bod427 PAGE1063 1~1I~IMIU~IUlnll~lI. "..."'.-......._..'._' .._'..'.m'.___.,____.~~__~,.,.,..,..._.._....,....____........,_...........:." ,~"''''..........,.~.....'<->I'''".''''~,''-,:<-''', " EXH\B\l "/J\~ -. ,~, ~-'~~iwi",,' '. ' 'TOGETHER WIW all the improvements now or hereafter erected on the property. and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions .shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TInS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. BOJTOwet shaU promptly pay when doe tbe principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and lnsurame. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day montbly payments are due under the Note, until the Note is paid in full, a sum ('fFunds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents 00 the Property. if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender. in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These itentS are called "Escrow Items. " Lender may t at any time, collect and bold Funds in an amount not to exceed the J:DaXjmum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 19!~, ~'~d~ f'?~ ~ime to time, 12 U.S.C. Section 2601,et seq. ("RESPA"), unless another law tbat applies to the Funds sets a lesser amoUJ1t. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estims.te the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable Jaw. The Funds shall be held in an institution whose depoiits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is sucb aJl institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for balding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However; Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable Jaw provides otherwise. Unless an agreeDlent is made or applicable law requires mterest to be paid, Lender sball not be requited to pay BoJTOwer any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of tbe Funds, showing credits and debits to the Funds and the purpose for which eacb debit to tbe Funds was made. The Funds are pledged as additional security for aU sums secured by this SeCurity Instrument. If the Funds held by Lender exceed the amounts permitted to be beld by applicable law, Lender shall account to BOJTOwer for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay tbe Escrow Items wben due, Lender may so notify BoJTOwer in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shaU make up the deficiency in no more tban twelve monthly payments, at Lender's sole discretion. Upon payment in full of aU suntS secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or seU the PropertY, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. . 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Under under paragraphs 1 and 2 sball be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security lnsttument, and leasehold payments Of ground tents, if any. BotfOWer shall pa.y these obligations in the manner provided in paragraph 2, or irnot paid in that lIWlDef. Borrower shall pay tbem on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.. If Borrower makes these payments directly, Borrower shall promptly furnisb to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which bu priority o'ler this Security Instrument unless Borrt)'Ner: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faiti the lien by, or defends against enforcement of the lien ln, legBl proceeding-s which in the lander's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating tbe lien to lhis Security Instrument. If Lender determines- that any part of the. Ptoperty is subject to a lien which may attain priority Qver this Security Instroment, Lender may give BolTOwer a notice identifying the lien. Borrower shall satisfy the lien or take on,e or mcire of the actions set forth above within to daya of the giving of notice. .....6fUPAI194101.03 """" ~o0K1427 PAGE1064 _,_______~.....~,__ T " tn\tl&I.:'N".\.....u.... Form 3039 9190 '7-/9;;- '-;,~-~."'"..",.,.~.'!'...,".,~,:,. , C' ..".,-, ,_I ~~ .,....."'""......_Il.<wo""'"'~~ ~_"""-',.~4-~. '5. HazRrd or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended eoVetage" and any other ba:zards, including floods or flooding, for which Lender requires insurance. This insurance sball be maintainc:d in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance sball be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above. lender may, at LeD.der's option, obtain coverage to protect lAnder's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be ll.cccptabte to Lender and shall include a standard mortgage clause. Lender shalJ bave the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of l~ss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree ill writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds sball be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore tbe Property or to pay sums secured by this Security Instrument, whether or not then due. The )o..day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from dantage to the Pro}:l6rty prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument inunediatety prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use tbe Property as Borrower's principal residence within sixty days after the execution of tbis Security Instrument and shan continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating c.ircumstances exist whic.h are beyond Borrower's control. &rrower shall not destroy, damage or impait tbe Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action OJ' proceeding, whether civil or criminal, is begun that in lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instmment or.Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the actioD or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeituI'c of the Borrower's interest in the Property O'r other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not llinited 10, representations co~cerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with &,11 the provisions of the lease. If Borrower acquires fee tit'e to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenanlS and agreements contained. in th.is Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce Jaws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights- in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instnnnent, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7 I Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of.~g the loan secured by this Security Instrument, Borrower shall pay tbe premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ~es to be in effect, Bortower shall pay the premiums required to obtain coverage substantially equivalent to tbe mortgage insurance previously in effCC:t, at a cost substantially equivalent to the cost to Borrower of tbe mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equallo one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as- a loss reserve in lieu of mortgage insUrance. Loss reserve .....6R1PAI (9410).03 .BoDK142'7 PAGE1065 r(lillala:~ Form 3039 9/90 1=J4,T Pag"3Df6 ",~___,_,'_"_____'_'" ....'._..~,'"'--.._.....~'-",w_'.__._.-..,__~,_____...___._"'__...........-._..._,...~......,.,.~"~'"""'"~'~.....".....'-'..:".'-',,...., ... .r, . "~tP," ~. .,-- .. '.~~~' ~ . .-"'- "''''J4W.oII_j""",,",I"''''''lll:;o~"."''"~ "" ~.~ ~~, ,-. .~""'--.~ 'lil.~ , ',. payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender a.gain becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct 01' consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total ta.lcing of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with any excess paid to Borrower. In the event of a partial takiog of the Property in which tbe fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be teduc:ed by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unJess Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides. the proceeds shall be applied to tbe sums secured by this Security Instrument whether or not the SUlllli are then due. , ,If.tJ:t~f.rop~~)s_abandoped by Borrower, or if, after potice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, BOlTower fails to respdnd to LeJ1der within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Properly or to the sums secuted by this Security Instrument, whether 'or not then due. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not e~tend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amouot of sucb payments. lL Borrower Not Released; Forbearance By Lender Not a Wainr. Extension of the time for payment or modification of amortiZJ.l~!ol! .~fJ!Je sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or BOlTower's suc:cessors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the SUInS secured by this Security Instrument by reason of any demand made by the original Borrower or BolTower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Suc.c.essors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to the provisions of paragraph 17. BOlTower's covenants and agreements shall be joint and several. Any Borrower who co-si.gns this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is oot persone.l.ly obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected 01' to be collected in connection with the loan exceed the permitted liinits, then: (a) any such loan charge sball be reduced by the amount necessary to reduce the charge (0 the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may cboose to make tbis refund by reducing the principal o\"ed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided fur in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable Jaw requires use of another method. The Dotice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shan be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to BOlTower. ABy notice provided for in this Security Instrument shall be deemed to have been given to BolTower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law oHhe jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law. such conflict shall not affect other provisions of tbls Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. . 16. Borrower's Copy. Bort'ower shall be given one conformed copy of the Note and of this Security Instrument. _-6RIPAJ 194101,03 ,,,.4.,, BooK!427PAGE1066 Ir'Illlall:1Y'\ h- \1-. . ~039 1-/9-T 91-90 '"'''''_'''v''' _'"__"__~_'___""~""~'''~'__~,_"",,-,,,,,-,,,,,^-,,,~,,,-,",,,,,,,,,_,,,,_,,-,,,,,"-',.J'e' '." . - .~~~:-, " _. L~ ~" ,'>~ ~ -~,,>~ ....~ , 11. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower, is not a natural person) without Lender's prior written consent, Lender may. at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The no~ice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without furtber notice or demand on Borrower. IS.. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrowet sball have the right to have enforcement of this Securit)' Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained iP this Security Instrument; or (b) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums whicb then would be due under this Security Instrument and the Note as jf no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, inc1uding, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that tbe lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to ~y the sums secured by this Security lnstrumeut shlill continue unchanged. Upon reinstatement by Borrower, this Secunty lnstrumeut and the obligations secured hereby sball remain fully effective as if no acceleration bad occurred. However, this right to reinstate sbaH not apply in the ease of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security InstrUment) ma.y be sold one or more times without prior notice to Bol'SQwer. A sale may result in a. change in the entity (known as ,tbe ~Loan.SewieGr"-) that collects monthly payments due under the Note and this Security lmitrument. There slso may be one or more changes of the JAan $ef\iicer unrelatad to a sale of the' Note. If there is a change. of the. Loan Servicer, Borrowe.r will be givon written l:lotice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage oD..tbe.,&Operty of small quantities of Hazardous Substances tbat are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation. claim, demand, lawsuit or othel' action by any governmentaJ or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower bas actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance l\f'fecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordanc,e with Environmental Law. As used in this paragraph 20, ~Hatardous Substances" are those substances defined as toxic or ha:mrdous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleUm products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragrapb 20, "Environmental Lawn means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower tnd Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cute the default; (c) when the default ml1d be cured; and (d) that faI1ure to cure the default as specified may result in acceleration of the sums secured by this Security Instnnnen~ foreclosure by judiclal proceeding aud sale of the Property. Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at Us option, may require immediate payment in full of all sums secured by this Security Instrument without further demand aud may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In tbis paragraph 21, including, but not Umited to, attorneys' fees and costs of tide evidence to the extent permitted by applicable law. n. Release. Upon payment of all sums secured by tbis Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extellt permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing fol' stay of,execution, extension of time, exemption from atl:aclunent, levy and sale, and homestead exemption. 24. Reimtatement Period. Borrower's time to reinstate provided in paragraph 13 shaU extend to one hour prior to the COmalencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security lnstn.uneDt is lent to Borrower to acquire title to tbe Property, this Security Instrument shall be a purcbase money mortgage. . 26. Interest. Rate After Judgment. Borrower agrees that the interest ~te payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. .....6RIPAll94101.03 ,...,. JlOd427 PAGt!067 tnlll.I.:..ro.b...V-.. hrm 3039 9190 9- ;4-.J _"'__'._'~'_____'_____~~___'_'_'~""~~__"""'__"___"""""'~"_"''''''''''~'"",,,,~,,__.,,.V., '''_\.''.". ,,_ ~,;. >'.l' " " ~~-t" ~" ~ "~ ~ 27. Riders to this Security Instrumf:nt. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(..)) o Adjustable Rate Rider o Graduated Payment Rider o Balloon Rider o VA Rider B Condominium Rider Planned Unit Development Rider D Rate Improvement Rider o Olber(.) [specify) o 1-4 Family Rider ' o Biweekly Payment Rider o Second lIomc Rider BY SIGNING BELow, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any ridet(s) executed by Bonower and recorded with it. Witnesses: ~~__n. 1~ ~ 77. 1r ~~~~ V~<~ MAR L. LING i-k~""'A"'- "9- Q..~ v FLORENCE A. JOHNSON (Seal) ~Borrower Certificate of Residence 1, Je.sslE- N. the within-named Mortgagee is I<b,/-ef 11350 McCormick Road, , do hereby certify that the correct address of gte. 200, Hunt Valley, lID 2~03~ Witness my hand this 21st day of January , 1998 n.1f~ COMMONWEALTH OF PENNSYLVANIA, C;" /\/1 ~ '~- 4'aAmotwL County 55: AgemofMortgag!l& On this, the 21st day of January . 1998 personally appeared MARY L. KIELING and FLORENCE A. JOHNSON (SW) -Borrower (Seal) -Bom::\wer (Seal) ~Borrower . before me, the undersigned officer, known to me (or satisfactorily proven) to be tbe persons whose names are subscribed to ,the Wi.j;b;in instrument and acknowledged that they ,"" -., executed the same for the purposes herein con~_.::.~'.'::., {:l,': My IN ~~S :;::; ,O??r;~:~~?::t;t9A~n ~ '77. I/~ 't.-.bOl~'~~~ '}':;:':':::,;ipi.;i:.:';, N~ ttW4.-c.. ., ~" ,,- "':;?<:;'iU'<;:-T;~:CfOffi,,-;-Q ",p:.ue8cIS .. .6RIPAI 194101.03 ~ ,6ooK1427 PAGE1068 . ._--_....__.,.._'-------~-_._~~.---.......,._-- Form 3039 9/90 - 'I' '.' "~w:..c~""""',"'^'",..;.;,~,~...~.~,t ,.(~ '" " ~" ~ , olI/iIl~_.. """""""''''"''' . ""'I'" 'n ."",..~, ~~ ~ ,~ .....~..._. "~" .' ,~ ~~~"' ,",",,,~". t\LTA COlllrUitwcm COM!' TMENT FOR TITLE" "URANCE . SCHEDuLE A CONTINUED Commitment No. CUOl149B782 File Number: PACU1270782 Legal Description ALL that crtain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by North pitt Street; on the North by land now or formerly of Harry Beecher; on the West by an alley; and on the South by land now or formerly of Amanda Garber; having a frontage of 30 feet on North Pitt street and extending 165 feet in depth; and being improved with the Southern half of a two-story frame dwelling (the Northern line running through the division wall between the double dwellings) known as No. 446 North pitt Street. ~:~ ~ "'iJ" ,'. t~-, . " .~l, '(,,,",.~ , 3' 't : l.~\.~,. .. ", .U \" . '11 --~",. ;';if-""~. ~1 .;C~ :;~.1f1 r-JR'\" ,) ",/. '. ~"J'r : 11":I~'''^.~'~(~' .:if:..,~ f~~''''\llfl:\"",'';j ~:.-!w."'II(,,. " ~~~"w."\:'\':'~~r':f.'~.f.~J~~'~: .. .'. .N!?- ."., ., ',' " ~'...~~'.' Q ,~ ~,9/.'" ~....."~;'~..~' ,,:-," . V,J ".-' "'.- ,". '\, 'V{49~;;";~~~ ~~..- \~\,~,~<:...~... "".......... This commitment is invalid unless the insuring provisions and Schedules A and B are attached First American Title Insurance Company BOOK1427PAGE1069 ._---~-,..,.._"._....-...........----,------~- ~_ ~,,-,_"';=i=..:.....- " ,.J, ~~ 1-:" ",. .",'Ok ,':.,,-d-: .._".""."..~ - -" "C, . "'. .....~, ~ ADVANTA Advanta Mortgage RO. Box 509011 San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 DATE: June 27, 2000 MARY L. KIELING 446 N PITT ST CARLISLE PA 170131945 RE: Loan number 10563484 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. ADVANTA Mortgage Corp. USA is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $606.80 eachr commencing April 26, 2000 and subsequent installments thereafter. Late charges have also accrued to this date. Late charges are assessed if the monthly payment is not received within the grace period set forth in your Note. Your monthly late charge is $29.69. Other charges may have also accrued which are due in order to cure your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: Payments of $606.80 each commencing April 26, 2000 through June 26, 2000: Current Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds TOTAL AMOUNT TO CURE DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $1,676.57 plus additional installment payments that come due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the the form of cashr certified or bank checkr or money order, payable to ADVANTA Mortgage Corp. USA and delivered to the following address: ADVANTA Mortgage Corp. USA Collection Dept. #350 10790 Rancho Bernardo Rd. San Diego CA 92127 If you do not cure the default within 30 days, we intend to exercise our r~ght to accelerate the mortgage. This means that whatever is oW1ng on the original amount borrowed will be considered due immediately and you wi 11 lose the chance to payoff the original mortgage in monthly installments. If you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose on the mortgaged premises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to payoff the mortgage dabt. Iw"\ltH I BIT your case to our attorneys, but you cure the default beft:: ^ . "8" LT.LTR1~-"-a5 "" - ,~~...,~.........' ",' " Rf' ., ~ ADVIINTA Advanta Mortgage p.o. Sox 509011 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE San Diego. CA 92150.9011 MARY L. KIELING 10790 Rancho Bernardo Road Page Two S..m Diego, CA 92127 begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50. However, if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney's fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot sue you personally. If you have not cured the default within the 30 day periOd and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid amount due plus any interest and late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage) . It is estimated that the earliest date that such a Sheriff's Sale of your premises could be held would be approximately 90 days from the date foreclosure preceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. to 12:00 p.m. Sunday, pacific Standard Time. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. If you cure the default, the mortgage will be restored to position as if no default had occurred. However, you entitled to cure a default more than three times in any year. Collection Department #350 ADVANTA Mortgage Corp. USA the same are not calendar WPl2/ACT6BMF File Copy LT.LTR1.IA.v; -'~ ... ~ .. w.I~, ~~~ ~ J ~.IlU;d.!ll ~ lL... ';/ ADVANTA Advanta Mortgage P.o. Box 50901 1 San Piego, CA 92150-9011 10790 Ranoho Bernardo Road San Diego. ell 92127 DATE: June 27, 2000 MARY L. KIELING 446 N PITT ST CARLISLE PA 170131945 RE: Loan number 10563484 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY $606.80 each due 4/26/00 and monthly thereafter charges. AS OF THE DATE OF THIS LETTER YOU ARE FOLLOWS: installments of as well as other IN DEFAULT AS Payments of $606.80 each for April 26, 2000 through June 26, 2000: TOTAL DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 Current Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the UActn). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 30 days from the date of this Notice. During that time you have the right to arrange a II face-to-face II meeting with a representative of ADVANTA Mortgage Corp. USA, or with a designated consumer credit 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 30 days. If you attend a face-to-face meeting with ADVANTA Mortgage Corp. USA, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of ADVANTA Mortgage Corp. USA by telephoning our toll free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m. Saturday and 6,00 a.m. and 12:00 p.m. Sunday, Pacific Standard Time. The name(s), address (es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are) attached. IT_~TR1.1Ml5 ~. -- . ~~"._. ,~. ','~, ...v ADVANTA NOTICE OF HOMEOWNERS' MARY L. KIELING PAGE TWO Advanta Mortgage RD. Bal( 509011 San Diego, CA 92t50-90t t 10790 Rancho Bernardo Road San Diego, CA 92127 EMERGENCY MORTGAGE ASSISTANCE ACT It is only necessary to should advise ADVANTA intentions. schedule one face-to-face meeting. You Mortgage Corp. USA immediately of your 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 Homeowners' 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 30 days of your face-to-face meeting. You must either mail your application to the pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Front Street, P.O. Box Telephone Number (71 7) number) . Finance Agency is located at: 2101 North 8029, Harrisburg, Pennsylvania 17105. 780-3800 or 1-800-342-2397 (toll free 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 80, 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 mortgage 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 to fill out the application. The Pennsylvania Housing Finance Agency has 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. La notificacion en adjunto es de suma importancia, pues affecta su derecho a continuar viviendo en au casa. Si no comprende e1 contenido de esta notificacion obtanga una traducion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eligible para un prestamo per e1 programa llamando "Homeowner's Emergency Mortgage Assistance Program" e1 cual puede salvar su cas a de la perdida del derecho a redimir su hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 ADVANTA Mortgage Corp. USA Attachment: Consumer Credit Counseling Agencies WP12/ACT91BM File Copy LT-L1-Rl.+A-Q5 .- 'V" ADVANTA ~~rn~." , ~,.' ~~ < ~. ... Cumberland County CONSUMER CREDIT COUNSELING AGENCIES LT-LTRI.J,..05 Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA ~7268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 ';I.\, ^ ... Advanta Mortgage AD. Box 509011 San Diego, CA 92150-9011 10790 AanclJO Bernardo Road San Diego, CA 92127 ~M ,~ ,-~ h_ "', .,~ . " ~ . -~;; -'''*''< -v' ADVANTA Advanta Mortgage P.D.Box509011 San Diego, CA 92150.9011 10790 Rancho Bernardo Road San Diego, CA 92127 MARY L. KIELING 446 N. PITT ST. CARLISLE PA 17013 DATE: June 27, 2000 RE: Loan number 10563484 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. ADVANTA Mortgage Corp. USA is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $606.80 each, commencing April 26, installments thereafter. Late charges have date. Late charges are assessed if the received within the grace period set forth monthly late charge is $29.69. 2000 and subsequent also accrued to this monthly payment is not in your Note. Your Other charges may have also accrued which are due in your loan. AS OF THE DATE OF THIS LETTER, THE NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: order to cure TOTAL AMOUNT payments of $606.60 each commencing April 26, 2000 through June 26, 2000: CUrrent Late Charges Deferred Late Charges CUrrent Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds TOTAL AMOUNT TO CURE DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $1,676.57 plus additional installment payments that come due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the the form of cash, certified or bank check, or money order, payable to ADVANTA Mortgage Corp. USA and delivered to the fol1owing address, ADVANTA Mortgage Corp. USA Collection Dept. #350 10790 Rancho Bernardo Rd. San Diego CA 92127 If you do not cure the default within 30 days, we intend to exercise our r~ght to accelerate the mortgage. This means that whatever is ow~ng on the original amount borrowed will be considered due immediately and you will lose the chance to payoff the original mortgage in monthly installments. If you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose on the mortgaged premises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up LT-lTR1,1A'OB --~'~ ~". - .. ~ ADVANTA NOTICE OF INTENT TO FORECLOSE ON MORTGAGE MARY L. KIELING Page Two Advanta Mortgage p.o. Box 50901 f San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 to $50. However, if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney's fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot sue you personally. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sherif,f' s foreclosure sale. You may do so by paying the total amount of the unpaid amount due plus any interest and late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage) . It is estimated that the earliest date that such a Sheriff's Sale of your Premises could be held would be approximately 90 days from the date foreclosure preceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard Time. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. If you cure the default, the mortgage will be restored to position as if no default had occurred. However, you entitled to cure a default more than three times in any year. the same are not calendar Collection Department #350 ADVANTA Mortgage Corp. USA WP12!ACT6BPF File Copy LT-I-TRi4A-05 ,-- - , .......>.~< '. 'V' ADVIINTA Advanta Mortgage PO Box 509011 \ San Diego, CA 92150-9011 10790 Aanch() BernaJ'do Road San Diego, CA 92127 MARY L. KIELING 446 N. PITT ST. CARLISLE PA 17013 DATE: June 27, 2000 RE: Loan number 10563484 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY $606.80 each due 4/26/00 and monthly therea~ter charges. AS OF THE DATE OF THIS LETTER YOU ARE FOLLOWS: installments of as well as other IN DEFAULT AS Payments of $606.80 each for April 26, 2000 through June 26, 2000: Current Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15 . 00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 TOTAL DEFAULT: You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "ActR). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 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 ADVANTA Mortgage Corp. USA, or with a designated consumer credit 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 30 days. If you attend a face-to-face meeting with ADVANTA Mortgage Corp. USA, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of ADVANTA Mortgage Corp. USA by telephoning our toll free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard Time. The name(s), address (es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are) attached. li_l'iR1~A.M "~- ""-- ,., !We ....""~~..-- ~~ ~.I., ._ " l~r.ii!\\.v ~ ADVANTA NOTICE OF HOMEOWNERS' MARY L. KIELING PAGE TWO Advanta Mortgage p.o. Box 509011 san DiegO. CA 92150-90tt 10790 Rancho Bernardo Road San Diego. CA 92127 EMERGENCY MORTGAGE ASSISTANCE ACT It is only necessary to should advise ADVANTA intentions. schedule one face-to-face meeting. You Mortgage corp. USA immediately of your 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 Homeowners' 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 30 days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Front Street, P.O. Box Telephone Number (717) number) . Finance Agency is located at: 2101 North 8029, HarriSburg, Pennsylvania 17105. 780-3800 or 1-800-342-2397 (toll free 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 mortgage 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 to fill out the application. The Pennsylvania Housing Finance Agency has 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. La notificacion en adjunto es de suma importancia, pues affecta su derecho a continuar viviendo en au casa. 8i no comprende e1 contenido de esta notificacion obtanga una traducion immediatamente llamando est a agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eligible para un prestamo por el programa llamando "Homeowner's Emergency Mortgage Assistance programU e1 cual puede aalvar au cas a de la perdida del derecho a redimir su hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 ADVANTA Mortgage Corp. USA Attachment: Consumer Credit Counseling Agencies WP12!ACT91BP File Copy LT-L1RI4A-O.; " 'V' ADVANTA LT-LTR1~A.(I5 - ~~- CONSUMER CREDIT COUNSELING AGENCIES Cumberland County Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762 -3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 " " ,~ ....~', ~ """ Advanta Mortgage AD. Box 509011 San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 - .- -~- .~" , "~ <~ Hh.-<',"' ~ ADVANTA Advanta Mortgage AD. Box 509011 San Diego. CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 FLORENCE A. JOHNSON 446 N PITT ST CARLISLE PA 170131945 DATE: June 27, 2000 RE: Loan number 10563484 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. ADVANTA Mortgage Corp. USA is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $606.80 each. commencing April 26, 2000 and subsequent installments thereafter. Late charges have also accrued to this date. Late charges are assessed if the monthly payment is not received within the grace period set forth in your Note. Your monthly late charge is $29.69. Other charges may have also accrued which are due in order to cure your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: Payments of $606.80 each commencing April 26, 2000 through June 26, 2000: CUrrent Late Charges Deferrsd Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds TOTAL AMOUNT TO CURE DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $1,676.57 plus additional installment payments that corns due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the the form of cash, certified or bank check, or money order, payable to ADVANTA Mortgage Corp. USA and delivered to the following address: ADVANTA Mortgage Corp. USA Collection Dept. #350 10790 Rancho Bernardo Rd. San Diego CA 92127 If you do not cure the default within 30 days, we intend to exercise our r~ght to accelerate the mortgage. This means that whatever is ow~ng on the original amount borrowed will be considered due immediately and you will lose the chance to payoff the original mortgage in monthly installments. If you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose qn the mortgaged premises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up LT,lTRI~A.05 ._~ ~ ."- - - "'..',.~- - .:: ~ ADVANTA NOTICE OF INTENT TO FORECLOSE ON MORTGAGE FLORENCE A. JOHNSON Page Two Advanta Mortgage p.o. Box 509011 Sa!! Diego. CA 92150-9011 10790 Ranc/Jo Bernardo Road San Diego, CA 92127 to $50. However, if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney's fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot sue you personally. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid amount due plus any interest and late or other ch~rges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage) . It is estimated that the earliest date that such a Sheriff's Sale of your Premises could be held would be approximately 90 days from the date foreclosure preceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and ~2:00 p.m. Sunday, Pacific Standard Time. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE !<lORTGAGE TO A BUYER OR TRANBFEREE WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF BALE. CONTACT UB TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT !<lIGHT EXIST. If you cure the default, the mortgage will be restored to position as if no default had occurred. However, you entitled to cure a default more than three times in any year. the same are not calendar Collection Department #350 ADVANTA Mortgage Corp. USA WP12/ACT6CMF File Copy LT.l-TR1-1A-OS ~ -~. ~ "~-- ~M~~ ~.........k,...... ~,. .~~, ~ ADVIINTA Advanta Mortgage P.D. Box 509011 San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 FLORENCE A. JOHNSON 446 N PITT ST CARLISLE PA 170131945 DATE: June 27, 2000 RE: Loan number 10563484 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY $606.80 each due 4/26/00 and monthly thereafter charges. AS OF THE DATE OF THIS LETTER YOU ARE FOLLOWS: installments of as well as other IN DEFAULT AS payments of $606.80 each for April 26, 2000 through June 26, 2000: CUrrent Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: partial Payments/Forbearance Misc. Unapplied Funds TOTAL DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the IIActll). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 30 days from the date of this Notice. During that time you have the right to arrange a IIface-to-facell meeting with a representative of ADVANTA Mortgage Corp. USA, or with a designated consumer credit 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 30 days. If you attend a face-to-face meeting with ADVANTA Mortgage Corp. USA, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of ADVANTA Mortgage Corp. USA by telephoning our toll free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard Time. The name(s), address (es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are) attached. LT.LT!'lI.IA.OS -=-"'~ ~ 0 ~o ~ ,- '" .u,Ij~-~'- ~ - ,- ~ ADVANTA Advanta Mortgage p.o. Box 50901 t Sail Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 EMERGENCY MORTGAGE ASSISTANCE ACT NOTICE OF HOMEOWNERS' FLORENCE A. JOHNSON PAGE TWO It is only necessary to should advise ADVANTA intentions. schedule one face-to-face meeting. You Mortgage Corp. USA immediately of your 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 Homeowners' 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 30 days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Front Street, P.O. Box Telephone Number (717) number) . Finance Agency is located at: 2101 North 8029, Harrisburg, Pennsylvania 17105. 780-3800 or 1-800-342-2397 (toll free 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 app1icatiQn 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 mortgage 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 to fill out the application. The Pennsylvania Housing Finance Agency has 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. La notificacion en adjunto es de suma importancia, pues affecta su derecho a continuar viviendo en su casa. Si no comprende e1 contenido de esta notificacion obtanga una traducion immediatamente llamando esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eligible para un prestamo por el programa llamando "Homeowner's Emergency Mortgage Assistance Program II e1 cual puede salvar su cas a de la perdida del derecho a redimir su hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 ADVANTA Mortgage Corp. USA Attachment: Consumer Credit Counseling Agencies WPl2/ACT91CM File Copy Ll'LTR'I.I.~.IJ; _0" ~=~ ~ -- ,.\,~ H .'" ~ ADVANTA ~ '~~--'"-~" ~ cumberland County CONSUMER CREDIT COUNSELING AGENCIES Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17~02 (717) 541..1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762"3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 . -~-,_.~--._---_._---------_._--...., ~ ! w . o ullfii i;m~ ~:5' o~ g~ li~: ..' wu.,' Qe~ ~a ~a: ~w a "'~ , " ~DATE RETURN ,. .....;.'.,. RECEIPT :> RESTRICT1<OOELIVI'RY ,~\~~~ c~ SERVICE. CERTlFlEOFEE + RETURN RECEIPT ., ',,' <~ ' /!;").,~....,, -AO' TOTilLPOSTAGEA/IIDFEES -" .j.1o [,;:;,f 'J!;N . ":: SENT TO: " 'AA " .. - l' f 27"' NOT FOR INTERNATIONAL MAIL ! ~ f, 11:;' f'l'J;'f,i:::",-CI..~ ,,!" ,itlH,'.(',~.,j,:., \"~'JU~f '<:l '~'''-'(, "~,,,.,,-, N ~ t i- ..~'"'".j"j~AY ,fI: '''-' ~: ;~\,'.L:': -'~L;__ ,'." , , .",. J,i'.. YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX # (717) 243-3948 "' o .. .. "' l'- '" l'- tr a. PS FORM 3800 US Postal Service ...J.~ ?I,'_,~,- Receipt for Certified Mail _1_ ~."H' !,,' ,',~.oi;,(,~~, i~ ',_ f ~-' :i..t ;": ,n;,"'U ~ ma~ ~~~ 'jt Advanta Mortgage p.o. Box 509011 San Diego. CA 92150-9011 10790 Rancho Bernardo Road San Diego. CA 92127 ~ ~ o . ~ ~------,----- -------------,--,-.--' G_L1Rt4A_CS _I ,~~,~'~H > ~ .'~ -~."~ "'~~ ~ ADVANTA Advanta Mortgage p.o. Box 509011 San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego. CA 92127 DATE: June 27, 2000 FLORENCE A. JOHNSON 446 N. PITT ST. CARLISLE PA 17013 RE: Loan number 10563484 NOTICE OF INTENT TO FORECLOSE ON MORTGAGE YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present holder of the Note and Mortgage referenced by the above identified loan number. ADVANTA Mortgage Corp. USA is the servicing agent for the holder authorized to act on its behalf. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of $606.80 each, commencing April 26, 2000 and subsequent installments thereafter. Late charges have also accrued to this date. Late charges are assessed if the monthly payment is not received within the grace period set forth in your Note. Your monthly late charge is $29.69. Other charges may have also accrued which are due in order to cure your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS: Payments of $606.80 each commencing April 26, 2000 through June 26, 2000: Current Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds TOTAL AMOUNT TO CURE DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15 . 00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 YOU MAY CURE THIS DEFAULT within 30 days of the date of this letter by paying to us the amount of $1,676.57 plus additional installment payments that corne due and any late charges and other charges or fees which have accrued or have been paid on your behalf during that time. Such payment must be made in the the form of cash, certified or bank check, or money order, payable to ADVANTA Mortgage Corp. USA and delivered to the following address: ADVANTA Mortgage Corp. USA Collection Dept. #350 10790 Rancho Bernardo Rd. San Diego CA 92127 If you do not cure the default within 30 days, we intend to exercise our r~ght to accelerate the mortgage. This means that whatever is ow~ng on the original amount borrowed will be considered due immediately and you will lose the chance to payoff the original mortgage in monthly installments. If you do not cure the default within 30 days, we intend to instruct our attorneys to start a lawsuit to foreclose on the mortgaged premises. If the mortgage is foreclosed upon, your mortgaged property will be sold by the County Sheriff to payoff the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up LT.LfRI.jA.05 ,-~~ ~~".'~~~"f; "- --.- ...._," ~ > >'~" ~.- """""".J,,.-\.~....-'-'I~ ~o.' ~~."",~" - ~'~", . -v/ ADVI1NTA NOTICE OF INTENT TO FORECLOSE ON MORTGAGE FLORENCE A. JOHNSON Page Two Advanta Mortgage P.OBox509011 San Diego. CA 92150-9011 10790 RanclJo Bernardo Road San Diego, CA 92127 to $50. Howevert if legal proceedings are started against you, you will have to pay the actual incurred reasonable attorney/s fees, even if the fees are more than $50. All attorney's fees will be added to whatever amount you owe us, which may also include our reasonable costs. IF YOU CURE THE DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. However, if you have filed a bankruptcy and this mortgage debt was discharged, we cannot sue you personally. If you have not cured the default within the 30 day period and foreclosure proceedings have begun, you will have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid amount due plus any interest and late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale {and perform any other requirements under the mortgage) . It is estimated that the earliest date that such a Sheriffts Sale of your Premises could be held would be approximately 90 days from the date foreclosure preceedings begin. This is just an estimated date. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required paymsnt will be by calling us at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m. Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard Time. You should realize that a Sheriffts Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO THE MORTGAGE TO A BuYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. If you cure the default, the mortgage will be restored to position as if no default had occurred. However, you entitled to cure a default more than three times in any year. the same are not calendar Collection Department #350 ADVANTA Mortgage Corp. USA WP12/ACT6CPF File Copy LT.LTf'!'I.:A.05 . . "'_~ ~ ,-ow ~. -. ....~. . Mc(! 141.~ - P If ~~~..J.~ ~''''''';jj''''. . l\lfLIi\JG ~ ADVANTA Advanta Mortgage AO.8ox509011 San Diego, CA 92150-9011 10790 Rancho Bernardo Road San Diego, CA 92127 FLORENCE A. JOHNSON 446 N. PITT ST. CARLISLE PA 17013 DATE: June 27, 2000 RE: Loan number 10563484 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS. Your mortgage is in default because you have failed to pay promptly installments due for a period of at least 60 days. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY $606.80 each due 4/26/00 and monthly thereafter charges. AS OF THE DATE OF THIS LETTER YOU ARE FOLLOWS: installments of as well as other IN DEFAULT AS Payments of $606.80 each for April 26, 2000 through June 26, 2000: TOTAL DEFAULT: $ 1,820.40 $ 59.38 $ 374.99 $ .00 $ 15.00 $ .00 $ .0 0 $ .00 $ 593.20 $ 1,676.57 Current Late Charges Deferred Late Charges Current Return Check Fees Deferred Return Check Fees Advances by Servicer Advances by Investor LESS: Partial Payments/Forbearance Misc. Unapplied Funds You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Actll). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice, it contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 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 ADVANTA Mortgage Corp. USA, or with a designated consumer credit 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 30 days. If you attend a face-to-face meeting with ADVANTA Mortgage Corp. USA, or with a consumer credit counseling agency identified in this Notice, no further proceeding in mortgage foreclosure may take place for 30 days after the date of that meeting. You can contact a representative of ADVANTA Mortgage Corp. USA by telephoning our toIl free number (800) 548-7916 between the hours of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00. a.m. and 12:00 p.m. Sunday, Pacific Standard Time. The name(s), address (es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are) attached. LT.L1'Rl.IA-Q5 ~Iio.;~ '~~" ~" , ~~ ~-".~ ._- , , ~ ~ ADVANTA Advanta Mortgage p.o. Box 509011 San Diego, CA 92150-9011 10790 Rancho Berna.rdo Road Sa.n Diego. CA 92127 EMERGENCY MORTGAGE ASSISTANCE ACT NOTICE OF HOMEOWNERS' FLORENCE A. JOHNSON PAGE TWO It is only necessary to should advise ADVANTA intentions. schedule one face-to-face meeting. You Mortgage Corp. USA immediately of your 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 Homeowners' 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 30 days of your face-to-face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of one of the attached designated consumer credit counseling agencies listed on the attachment to this Notice. The Pennsylvania Housing Front Street, P.O. Box Telephone Number (717) number) . Finance Agency is located at: 2101 North 8029, Harrisburg, Pennsylvania 17105. 780-3800 or 1-800-342-2397 (toll free 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 mortgage 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 to fill out the application. The Pennsylvania Housing Finance Agency has 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. La notificacion en adjunto es de suma importancia, pues affecta su derecho a continuar viviendo en au casa. si no comprende el contenido de esta notificacion obtanga una traducion immediatamente llamando eeta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser eligible para un prestamo par e1 programa llamando "Homeowner's Emergency Mortgage Assistance program II el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Collection Department #350 ADVlINTA Mortgage Corp. USA Attachment: Consumer Credit Counseling Agencies WP12/ACT91CP File Copy LT.l.TA1,IA.C~ -" .. ~'""flIl ..~" I_~- ~~ '. ...v ADVANTA - Cumberland County CONSUMER CREDIT COUNSELING AGENCIES LT-lfRI4A.C'5 Consumer Credit Counseling Service of Western Pennsylvaniar Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YMCA of Carlisle 301 G Street Carlisle, .PA 17013 (717) 243-3818 FAX # (717) 243-3948 '" ru .D .D '" '" '" '" .,.. RETURN REC!i:IPT SERVICE TOTI\t.POSfAGSANDFSES ,','",,')21, INS SCOIIE EPRO ll- NOTFCRIm-eRNAl'IONA~MAI~ " :'~, POSTAGE RE!lTl"ClllOoaNSRY CERTlRIODFee...ReruRNREcEIPT "l,O<..' .!" ~,;;; '..1 SENT TO: '0'~~)j;~,;,::NCi.:: :.\..., ,juH~'~':ilHo~ ~':\''1!~l ;"~,,~ Pkll ",T'\" \.' lOt:!.. i :~L~: ~; ,;, .. i' '" D. PS FORM 3800 US Postal Service ~~i i.: l' ,{ ',;~, ___~;.lj"'.'"J ?,~.!";)J.CP POSTMARK OR DATE Receipt for Certified Mail -jt:"J';' ~ ~.. ~~. ~." "'" --,,",,,,,,- n~i, Advanta Mortgage p.o. Box 509011 San Diego, CA 92150.9011 10790 Rancho Bernardo Aoad San Diego, CA 92127 g w ~ o ~. w. ,. zw w< .0 00 < ei tt~ << w. ~o u, E;5 w- u" <w Ki! ~ ~ o ~ ~ .':>; llIIlliIIliliii:lllMf"~ ~- ~.,. i,IliMwI>ol,"""o<j'~'"~'~~,,,-,I,','''''i>J'5i<u.i,,,jOl",,,,-~,'~l>'''i.::.';,\,,_', ___~" ,"',"fN~&li!lilmliijr' .i'l6lJ:i~~""'-'cYcW~"!!!ioj;- i' (0 .(q ~ (") ,::> 7::;J ~ t \) 1" C C;:J --n ~ .Crt CI( I"; c;:'; ~',;.. 8 ~ c= n,";' --n 6 d !J-t f"- en ' -,-,- 0 ;i,i},.,: ;',,) I" D ~2;"~--',: 1'-.;) ':=I () J() r'i-':':; () I ~.--" ?"; ~. y, ,-\ -,'::..1 - -,.0 -"~ ;jf~ C\ f'- ~ ~ ~=:::(l ..0 'v )><.'::: c:::: "7' ~ -r:. ~ r.- "-0 --l:. ~ i- Iv '< - ~ __ .J r-- :, BoNNIE L. CO'fl.E "' ,~~, . '''''"''''''->~'IO''''''. '~h" ~ L. ~ ~, " -SHBRI-FP'SRETURN" NOT FOUND CASE NO: 2001-01776 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS KIELING MARY L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DOE JOHN OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE IN EJECTMENT NOT FOUND , as to the within named DEFENDANT , DOE JOHN OCCUPANT NO OTHER OCCUPANT Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 :~/~ R Thomas Kline Sheriff of Cumberland County MCCABE, WEISBERG & CONWAY 04/04/2001 Sworn and subscribed to before me this ilt!: A.D. day of ~ 2iYcl (-\ 2 - '-it/"' C, YI/I ,/lR<~ ,'~ Pro onotary , ~- .._~ _.~-, -- , ~ ~ SHERIFF'S RETURN - NOT Fffi:JND-" CASE NO: 2001-01776 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS KIELING MARY L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DOE JANE OCCUPANT but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE IN EJECTMENT , NOT FOUND , as to the within named DEFENDANT , DOE JANE OCCUPANT NO OTHER OCCUPANTS Sheriff's Costs: Docketing Not Found Return Affidavit Surcharge 6.00 5.00 .00 10.00 .00 21.00 ,~o answe : ~ ~ R. Thomas Kline Sheriff of Cumberland County MCCABE, WEISBERG & CONWAY 04/04/2001 Sworn and subscribed to before me this //r1;: day of Qh~'(l v :.2J.ro I A . D . Q~,,-- Q1'vLJj,." ~ Froth n tary .. .~.~, .._,,"' ~. .. ",,"~ '--. .... SHERIFF' S RETURN'-~-RE8ULAR CASE NO: 2001-01776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS KIELING MARY L ET AL CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JOHNSON FLORENCE A' the DEFENDANT at 0016:20 HOURS, on the 30th day of March , 2001 at 446 NORTH PITT STREET CARLISLE, PA 17013 by handing to FLORENCE A. JOHNSON a true and attested copy of COMPLAINT & NOTICE together with IN EJECTMENT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 3.10 .00 10.00 .00 19.10 So Answers: r;rJt!' : -.t:~< R. Thomas Kline h' J'/<V me t lS __ day of Sworn and Subscribed to before ~ .~'t// A.D. /1' . - "- ~.Z& tL. lhdt~ ~.. E1r thonotary , u~'~~. '" "~. ~u'; I<~ " _ SHERIFF'S--RETURN . RE,.Uq~. . - " ,-' ~. "";';".11 CASE NO: 2001-01776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CALIF VS KIELING MARY L ET AL GERALD WORTHNGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly .sworn according to law, says, the within COMPLAINT & NOTICE KULING MARY L DEFENDANT was served upon the , at 0018:43 HOURS, on the 3rd day of Aoril at 151 N MIDDLETON ROAD CARLISLE, PA 17013 MARY L. KIELING , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE IN EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before tc me this II - day of ~1 . ?-t-r-'I A.D. ~.bC. ')vwe.-. /'n- Pro honotary So Answers: ~~1~t:~ R. Thomas Kline 04/04/2001 MCCABE, WEISBERG & CONWAY BY:.d9~ IA)~ --j;;: Deputy Sh;?i ff ~......,"" .~ ~_...." .L - - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -', LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO o S1 NO T1ENE EL DINERO SUFIC1ENTE DE PAGAR TAL SERV1CO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCR1TA ABAJO PARA AVER1GUAR DONDE SE PUEDE CONSEGU1R AS1STENC1A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ",~~ _,~~"",_ J. _ " _ _ __~ . " - ;-":1 - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Bankers Trust Company of California N.A., As Custodian or Trustee 10790 Rancho Bernardo Road San Diego, CA 92127 Cumberland County Court of Common Pleas v. Mary L. Kieling 446 N. Pitt Street Carlisle, PA 17013 AND Florence A. Johnson 446 N. pitt Street Carlisle, PA 17013 AND John Doe, Occupant 446 N. Pitt Street Carlisle, PA 17013 AND Jane Doe, Occupant 446 N. Pitt Street Carlisle, PA 17013 Number l) 1- /7 71. 6~.J' .- (..L<-- COMPLAINT IN EJECTMENT 1. Plaintiff is the owner of the premises known as 446 N. Pitt Street, Carlisle, PA. 17013, the full legal description of which is attached hereto, made a part hereof, and marked as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriff's Sale conducted by the Sheriff of Cumberland County on March 7, 2001, by reason of Writ of Execution issued out of the Cumberland ,L, ~,~ County Court of Common Pleas, Number 00-5783 Civil Term at the suit of Bankers Trust Company of California N.A., As Custodian and/or Trustee. 3. Defendants are in possession of the foregoing described premises without title, color of title, or benefit of a lease. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. Defendants at the time this action is brought are still unlawfully and willfully retaining possession of said premises and continue to do so and have detained and continue to detain and keep the Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff, though requested by Plaintiff to do so. 7. Defendants have willfully remained in possession of Plaintiff's property and have refused and still refuse to vacate premises and still occupy the same. WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property. L;H.mfN i!s m'CqJy-- TERRENCE J. M BE, ESQUIRE Attorney for Plaintiff ~.'~ ~.. ., I- .~~ "-, )~!.i;&Smlll",.~IIlr.:i1~iill~D .;;riI;;l.'&l~ .1O_f1t..-Ii;:!Y....!!!a~!!~u...~~illi;;;;:lil!!!!l::9'i(CjilllEl ,-----~.._.. SCHEDULE A ALL THAT CERTAIN TRACT OF LAND WITH THE lMPROVEMENTS THEREON ERECTED, SITUATE IN THE FIFTH WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: ON THE EAST BY NORTH PITT STREET; ON THE NORTH BY LAND NOW OR FORMERLY OF HARRY BEECHER; ON THE 'WEST BY AN ALLEY i AND ON THE SOUTH BY LAND NOW OR FORMERLY OF AMANDA GARBER; HAVING A FRONTAGE OF 30 FEET ON NORTH PITT STREET AND EXTENDING 165 FEET IN DEPTH; AND BEING IMPROVED WITH THE SOUTHERN HALF OF A TWO-STORY FRAME DWELLING (THE NORTHERN LINE RUNNING THROUGH THE DIVISION WALL BETWEEN THE DOUBLE DWELLINGS) KNOWN AS NO. 446 NORTH PITT STREET. K.'" , , i~ "'. I BIi~ . m ~ iil Up". r~ """""'5''''" -- ~, ~. VERIFICATION I, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904, relating to unsworn falsification to authorities. ~ T RENCE J. M Attorney for P