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Home My WebLink About00-07204r ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT TO: Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Please enter judgment in favor of Plaintiff, Orrstown Bank and against Defendants, Glenn L. Montgomery and Cassandra Montgomery in the amount of $55,825.61. Defendants were served with a 10 Day Notice dated and served April 4, 2001, as evidenced by the attached copy of the Notice and Certificate of Service attached hereto and incorporated herein as Exhibit "A". a. Principal $48,267.52 b. Interest $2,052.20 C. Late charges $105.89 d. Attorney's fees $5,400.00 Total Amount: $55,825.61 Plus additional interest at $14.64 for every day after September 28, 2000 plus cost and expense of suit and actual expenditures to preserve security until date of distribution. ZJ61/1' Date Respectfully Submitted TUR)D LAW OFFICES Azr? Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff u ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TO: Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Glenn L. Montgomery 110 King Street Shippensburg, PA 17257-0162 DATE OF NOTICE: April 4, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Date Respe ,gffully Submitted TURD LAW OFFICES_.-- Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff n 7 ??- ?) ?. ' ?? 1 7 ?? -/ t.+_ n_. u L ~) r CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Glenn L. Montgomery, by depositing sa a in the nited States Mail, first class, postage pre-paid on the day of v. , 2001, from Carlisle, Pennsylvania, addressed as follows: Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Glenn L. Montgomery 110 King Street Shippensburg, PA 17257-0162 LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ... Y'N kkYk4a .._.idN.#n[85,...a1s.m:N{t?et4" .,•.?•..•? „,•,? t ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TO: Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 DATE OF NOTICE: April 4, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 e?zs.-101 Date :tfully Submitted LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ;.. ?., ?, ? ? _ _,;_; __ ? _- _ __ _ :? = ?? n ??_ 1 _? ?? r' .... ??% CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Default Notice upon Cassandra Montgomery, by depositing same in t e United States Mail, first class, postage pre-paid on the day of 2001, from Carlisle, Pennsylvania, addressed as follows: Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 TURO LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 4 a JJ 1XII ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 0600--JXo CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement 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 LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 i ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. :NO. bo- 7.2oX CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Orrstown Bank by and through its counsel, Lisa M. Greason, Esquire, and states the following in support of its Complaint: 1. The Plaintiff is Orrstown Bank, a Corporation organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal place of business at 77 East King Street, P.O. Box 250, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant Glenn L. Montgomery, is an adult individual, whose current address is P.O. Box 162, Shippensburg, Pennsylvania 17257-0162. 3. Defendant Cassandra Montgomery, is an adult individual, whose current address is 108 Springhouse Road, Shippensburg, Pennsylvania 17257. 4. On or about August 9, 1991, Defendants made, executed and delivered a Mortgage upon the premises hereinafter described to Orrstown Bank, which Mortgage was recorded as follows: Recorded in Cumberland County Recorder of Deeds Office Date of Mortgage: August 9, 1991 Date Recorded: August 12, 1991 Book:1024 Page: 821 The Mortgage is a matter of public record and is incorporated herein as provided by Pa.R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A" and incorporated herein by reference. 5. On or about August 9, 1991, in consideration of their indebtedness to Orrstown Bank, Defendants made, executed and delivered to Orrstown Bank their promissory Note in the original principal amount of $54,000.00. A copy of said Note is attached hereto as Exhibit "B" and incorporated herein by reference. 6. Orrstown Bank, in consideration of the said Mortgage and Note advanced to the Defendants the sum of Fifty-four Thousand ($54,000.00) Dollars. 7. The Mortgage is secured by property located at 110 South Queen Street, Shippensburg, Pennsylvania 17257, which is more particularly described in the legal description attached to Exhibit "A" and incorporated herein by reference. 8. Defendants are the sole owners of the said premises securing said mortgage. 9. Said Mortgage has not been assigned in whole or in part by the Orrstown Bank. 10. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due June 6, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. Loan No.: 3001757 Principal: $48,267.52 Interest: $2,052.20 Late Fees: $105.89 Attorney Fees: $5,400.00 Total Due: $ 55,825.61 11. Interest continues to accrue at the per diem rate of $14.64 for every day after September 28, 2000 that the debt remains unpaid. 12. Orrstown Bank has given to the Defendants written Notice of Intention to Foreclose on said Mortgage as required by law under Act 160, Combined Notice, dated August 9, 2000, a copy of which is attached hereto and incorporated herein as Exhibit "C" for Defendant Glenn L. Montgomery and Exhibit "D" for Defendant Cassandra Montgomery. 13. The Plaintiff believes and avers that the Defendants are not members of the armed forces nor are they in the military service of the United States of America. WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 10, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully Submitted LO - I t- C)o Date TURO LAW OFFICES Lisa reason, Esquire 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I, Betsy J. Smith, do hereby state on behalf of the Plaintiff that the statements of fact made in the foregoing Complaint are true and correct to the best of his personal knowledge, information and belief. The undersigned understands statements herein are made subject to the penalties of 18 Pa. Cons. Stat. §4904, relating to unsworn falsification to authorities. /o. ?/, oo Q-?lJ Date Betsy J Smith, Collections Orrstown Bank fg ALLSTATE'INTERNATIONAL s htCORGED-nppfCF Q; RDER CUMBERLAND G9 SEEDS rt 1q G9 SEEDS [Space Above This Line For R c r ??Data ` ?+ J 3 ,5q MORTGAGE THIS MORTGAGE ("Security Instrument') is given on ...,,,,,August 9f.k 19 .91.... The mortgagor is ..... Glenn, Montgomery„and..CasaandXa..kiRRtgomery...hush and. aud.wife ............. ............................................ ("Borrower'). This Security Instrument is given to ............................................ ...................... ......Ores....... l;93 ....... Bank . ................. , which is organized and existing under the laws of Pennsylvania,,,, .......,, , and whose address is ...............P..O.. box..60,.......... I........ .... Orrstown,,,,Pennsylvaniaa. 7.244,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ("Lender'). Borrower owes Lender the principal sum of Fifty-four, Thousand„($5,4,000,QO),,, ---- .... (U.S. $ , ..54, 000,00, ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on ....Augus.t ................. 201G......... . This Security instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions 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 Lender the following described property located in ................ ............. Borough.Rf..$hiP.P.ensburg,..Q4MerJ,2Ad..................... ..................... County, Pennsylvania: (See attached Schedule "A") which has the address of .......110. 5.4!4h. S. tz€.e1:. .................................................. . . S.h:LpPensb.urg... , [Street] [City] Pennsylvania ......... .......... ("Property Address'); [Zip Cade] TOGETHER WITH 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. THIS 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. Borrower shall promptly pay when due the 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 Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on 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 (I) 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 items are called "Escrow Items." Lender may, at anytime, collect and hold Funds in an amount not to exceed the maximum 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 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate 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 law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, orentity (including Lender, if Lender is such as institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applyingthe 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 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT form 3039 (9/90) (poke y of*4 pagrs) WK 1024 FACE X21 &Borrower to pay a one-4ime charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower 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 the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by bender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower 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 the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell 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 Lender under paragraphs 1 and 2 shall 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 Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them 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 furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender'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 the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard 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 coverage"and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall 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 Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have 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 loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasiable 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 shall 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 the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-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 damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence with sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond - Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or 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 Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or 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 information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title 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 covenants and agreements contained in this 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 laws 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 Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, 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 making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Form 3039 9/90 (page 2 of 4 pages) BOOK 1.02-1 PACE 829 insurance previously in effect, from an alternr - mortgage insurer approved by Lender. If s, 'antially equivalent mortgage insurance coverage is not available, Borrower shall pay to ..ender each month a sum equal to one-twelfth , the yearly mortgage insurance Inrentium being paid by Borrower when the insurance coverage lapsed orceased to be in effect. Lender will accept, use and retain these payments as a loss reservii in lieu of mortgage insurance. Loss reserve 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 again 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 or 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 taking 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 taking of the Property in which the 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 reduced 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 fairmarket 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, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender 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 Property or to the sums secured 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 extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forebearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lenderto anysuccessor in interest of Borrower shall not operate to release the liabilityof the original Borrower or Borrower's successors 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower'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. Successors 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. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs 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 not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forebear 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 or to be collected in connection with the loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) anysums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making adirect 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 for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower 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 of the 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 this 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. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. 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 notice 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 further notice or demand on Borrower. IS. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case 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) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is achange of the Loan Servicer, Borrower will be given written notice 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 informatoiin required by applicable law. boOK 102,? ME 823 Form 3039 (9/90) (page3 of 4 pages) ? ? rv 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on Orin 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 on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrowershall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govenmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous 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 paragraph 20, "Environmental Law" 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 and 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 cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform 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 its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the state 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 extent 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 for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. 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(es)] 'j. ? Adjustable Rate Rider ? Condominium Rider ? 14 Family Rider ? Graduated Payment Rider ? Planned Unit Development Rider ? Bi-weekly Payment Rider ? Balloon Rider ? Rate Improvement Rider ? Second Home Rider ? Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in an rider(s) executed by Borrower and recorded with it. Witnesses: ? COMMONWEALTH OF PENNSYLVANIA: : SS C ? (Seal) Glenn L. Montg ery V111,_ -Borrower t?i Social Security Number q N G u (Seal) Cassandra Montg ery -Borrower Social Security Number M-Sa"73"77 [Space Below This Line For Acknowled{ment] COUNTY OF CUMBERLAND On this, the q1& day of , 1991, before me, the undersigned officer, personaJ41-appeared Glenn L. MontgOmer and Cassandra Montgomery, husband and wife, 01"?e,,)ne (or satisfactorily proven) to a the persons whose names are subscribed to t,11 )ei?'[1j,tt/1i0.%:rument, and acknowledged that they executed the same for the purposes OF Notarial Seal County .1995 Jo "t` "" _ • A ? Notary Publ)fi _ PAGE 891 form 3039 9/90 (page 4 of 4 pages) 1 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.G. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of the said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife, Mortgagors herein. f ?} s , F i 4?L i r J .. e 11 rfr ? r ... SCHEDULE "A" J,ek' ??..... State of Pennsylvania SS County of Cumberland I Recorded in the office for the recording of Deeds etc in and for C.•.", f «enarni County, P in Book of Paye Xf witness my hand and :11 of office of q Carlisle, PA this -l _ day of _ f g? or el indO<+' PAGE 82S EXHIBIT ALL-STATE®INTENNATIONAL f NOTE US $54,000.00 Shippensburg, Pennsylvania August qt? , 1991 FOR VALUE RECEIVED, the undersigned ("Borrower") promise(s) to pay Orrstown Bank, the principal sum of Fifty-Four Thousand ($54,000.00) Dollars, with interest on the unpaid principal balance from the date of this Note, until paid, at the rate of Eleven (112) percent per annum. Principal and interest shall be payable at Orrstown Bank, or such other place as the Note holder may designate, in consecutive monthly installments of Five Hundred Twenty Nine and Nineteen Hundr dths ($529.19) Dollars, on the " day of each month beginning September qA , 1991. Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on Augusth , 2016. If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The date specified shall not be less than thirty days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. oo, Borrower shall pay to the Note holder a late charge of ipIV e l S <o, percent of any monthly installment not received by the Note holder within 15 days after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part. The Note holder may require that any partial prepayments (i) be made on the date monthly installments are due and (ii) be in the amount of that part of one or more monthly installments which would be applicable to principal. Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Mortgage, dated August W1 , 1991, and reference is made to the Mortgage for rights as to acceleration of the indebtedness evidenced by this Note. 110 South Queen Street Shippensburg, PA 17257 nn L. Montgo y assandra Montgomer P Property address Cr ALLSTATEm INTERNATIONAL ?? ? yo99.322a. aoQ9.5'9`?Q• Yd?.? ORRSTOWN BANK August 9, 2000 GLENN L. MONTGOMERY CASSANDRA MONTGOMERY P. O. BOX 162 SHIPPENSBURG, PA. 17257-0162 0 va Certfed Mail - `?/ 0 Return Receipt Requested and Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached panes. The HOMEOWNER'S MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. D n MnV xn - Culp DC?iCpI1pR DA 17097 - =1 (717\ PCn RIIA LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): GLENN L. & CASSANDRA MONTGOMERY PROPERTY ADDRESS: 110 S. QUEEN STREET SHIPPENSBURG. PA. 17257 LOAN ACCT. NO.: 30001757 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediate of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speck information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that 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 the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 110 S. QUEEN ST. SHIPPENSBURG. PA. 17257. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: JUNE 13TH-$529.19. JULY 13TH-$529.19 Other charges (explainritemize): LATE FEES-$52.97 TOTAL AMOUNT PAST DUE: $1.111.35 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,111.35. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made Payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to'or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. S MITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3 d Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6"' Street Harrisburg, PA 17101 (717) 2345925 Fax (717) 234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 3341518 Fax (717) 334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 m $S g? v in l): ?? LL3 LL p. ?i6 6 b ® ,2 N Big 920h C 6000 022E 6602 m w y o ? e m Q Q 0 > Z -A•cn ? O ? C6 3 t E ? U n1 ? ? d ? °o t0 a a ? m m a c L N ? n E ¢ E O w ¢ d 0O0 z N o b Fr m m a a m? ?? ?? w ?Gl i X a m d Z (J ¢ c 0700 v m ¢ v ? b V ¢ c 5 'm m d L o ° m m b mT 0 N U om of ? ? sb ? ?zdm?E > aa t`- ? ? Q? J mp c at N 1 ' E rn mN?L? ? s '? g ? J N i rN N ?O ` ? p. 7` N U m 'p = E? Ec ?0 9? " j? U, A ? - mTn N ?c i o N? N? C m o 'a ai E r m , as S•NL" m m Cl) E E E cL NN o 10 `o . .. Uma`m¢`o ? LL EXHIBIT J ALL-STATE-INTERNATIONAL rO9`( 3d?o•d°aq•`/9y0.yo/9 ORRSTOWN BANK August 9, 2000 D. (0 CASSANDRA. MONTGOMERY Via Certified Mail - O TAKE GLENN L. MONTGOMERY Return Receipt Requested P. O. BOX 162 and Regular U.S. Mail SHIPPENSBURG, PA. 17257-0162 ACT 91 NOTICE ACTION TO SAVE YOUR HOME FROM FORECLOSURE attached panes. The HOMEOWNER'S MORTAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. P.O. BOX 250 SHIPPENSBURG, PA 17257 0 TEL. (717) 532-6114 LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): GLENN L. & CASSANDRA MONTGOMERY PROPERTY ADDRESS: 110 S. QUEEN STREET SHIPPENSBURG. PA. 17257 LOAN ACCT. NO.: 30001757 ORIGINAL LENDER: ORRSTOWN BANK CURRENT LENDER/SERVICER:ORRSTOWN BANK HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be noted directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 110 S. QUEEN ST. SHIPPENSBURG. PA. 17257. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: JUNE 1371''-$529.19. JULY 13TH-$529.19 Other charges (explainfitemize): LATE FEES-$52.97 TOTAL AMOUNT PAST DUE: $1.111.35 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,111.35. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ORRSTOWN BANK ATTN: BETSY SMITH P.O. BOX 250 77 EAST KING STREET SHIPPENSBURG, PA 17257 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right do so by paving the total amount then past due plus any late or other charges then due, reasonable the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 5 months from the date of this Notice. A notice of the actual date of the Sheriffs 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 or action will be by contacting the lender. HOW TO CONTACT THE LENDER: 1.. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied: YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENCE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, BETSY J. S MITH, COLLECTION DEPT. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY. CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 Urban League of Metropolitan Harrisburg North 6t" Street Harrisburg, PA 17101 (717) 234-5925 Fax(717)234-9459 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 Fax (717) 334-8326 Community Action Comm. of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Bedford-Fulton Housing Services RD #1, Box 384 Everett, PA 15537 (814) 623-9129 Fax (814) 623-7187 Financial Services Unlimited 31 West 3'd Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 Fax (717) 731-9589 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 Fax (717) 637-3294 v s ;r B' N ea o,,, JA C O Postage $ 0$ -?S- S Ir Certified Fee S / Z ' ?. Return Recelpt Fee (EndDmment nequlred) ^ /Q Nd ndt S ?o O O i =0Z at Fee C3 (EndoRemem Required) b 0 Total Poebsga B Foe. N Neyo(Pleeee Print clearry)(To be completed 6 by metier' rn /r - .- ao Cc rt f 1 ? 4 - S7 .G.. S A N • f.?rx?4< t t frael, pt. o r PO Box No. jr, /A,,.? E3 zs7•?/rr t. SENDER; COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVER Y ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Receiv by (Please Print Cleedy) B. - 1,e Qyt,#?(ryl4er to of Delivery ¦ Print your name and address on the reverse c. S natu so that we can return the card to you. ¦ Attach this card to the back of the mailplece X ? Agent , ? Addressee or on the front if space permits, D. s d ivery address difi t m Item 1 ? Yes 1. Article Addressed to: S, enter delivery address below: ? No ? d. f3 01(, /?0.2 S i T erv ce ype 3. '-S Certified Mall ? Express Mall 61 .'j3?? •O/ Z ? Registered ? Return Receipt far Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fae) ? Yes 2. Article Number (Copy from service label) ; I 70199?3a•?o.o•66`J•y?y6 ? y??9, ,, ,.,, ., ,,i PS Farm 3811. July 1999 Domestic Return Receipt 102595.99 M-1789 d C D . , \Aj GJ c- u? A 0 s >l o? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK, Plaintiff ( ) Confessed Judgment (X) Other V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants File No. Amount Due Interest Late Charges Escrow Due Unapplied Credit Atty's Comm. Costs TO THE PROTHONOTARY OF THE SAID COURT: 2000-7204 $48,834.39 $7,903.98 $546.20 $7,325.16 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendant: 110 S. Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) Respectfully Submitted TURO LAW OFFICES ? aao ? Date (717) 245-9688 Attorney for Plaintiff Exhibit A LEGAL DESCRIPTION ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said south Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of the said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. r ? W 1 C C e C ? N o - a a- t lil ?. ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 King Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Address Glenn L. Montgomery 110 King Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Pennsylvania Housing Finance Agency Address 77 East King Street Shippensburg, PA 17257 2101 North Front Street Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name None 6. Name I None Address Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Address 7 Name None Address 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. §4904 relating to unsworn falsification to authorities. /% 41.12606( Date Ja M. Robi on, Esquire 28 outh Pitt reet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: C') c 3 ' ..`i i- -. ?. i). _ ? _ ? ?.., - ? t -, ::7 ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TAKE NOTICE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE That the Sheriff's Sale of Real Property (real estate) will be held: DATE: September 4, 2002 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery Cassandra Montgomery 110 South Queen Street 108 Springhouse Road P.O. Box 162 Shippensburg, PA 17257 Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. GET FREE LEGAL ADVISE: Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MONTGOMERY, GLENN L Debtor(s) CASE NO.01-03191RJW-1 CHAPTER 13 NOTICE TO CREDITORS AND OTHER PARTIES IN INTEREST Notice is hereby given that the Court has entered an Order dated March 1, 2002 DISMISSING the above-captioned case due to: Upon Trustee's Certificate of Default. DATE: April 17, 2002 VAN-87 Clerk, U.S. Bankruptcy Court 228 WALNUT STREET P.O. BOX 908 HARRISBURG, PA 17108-0908 030616 030616 20820030678013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 KING STREET, SHIPPENSBURG, PA 17257-0162 AND PO BOX 162, SHIPPENSBURG, PA 17257-0162 AND CASSANDRA MONTGOMERY, 108 SPRINGHOUSE ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 Interest $7,903.98 Atty's Comm $7,325.16% Atty Paid $142.04 Plaintiff Paid Date: MAY 7, 2002 L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES $546.20 CURTIS R. LONG REQUESTING PARTY: Name JAMES M. ROBINSON, ESQUIRE Address: 28 SOUTH PITT STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-245-9688 Supreme Court ID No. 84133 Prothonotary, Civil Division SHERIFF'S RETURN - REGULAR CASE NO: 2000-07204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN BANK VS MONTGOMERY GLENN L ET AL ROBERT L. FINK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Sc NOTICE was served upon MONTGOMERY the DEFENDANT , at 0014:30 HOURS, on the 14th day of November , 2000 at 110 QUEEN ST SHIPPENSBURG, PA 17257-0162 by handing to ALEA MONTGOMERY (ADULT DAUGHTER) a true and attested copy of COMPLAINT & NOTICE together with IN MORTGAGE FORECLOSURE/WITH NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.02 Affidavit .00 Surcharge 10.00 .00 41.02 Sworn and Subscribed to before me this tt t` day of ?1i. o i W? - G2tyl? A.D. Pzothonotary ° So Answers: R. Thomas Kline 11/15/2000 LISA GREASON By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2000-07204 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORRSTOWN VS MONTGOMERY GLENN L ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MONTGOMERY CASSANDRA the DEFENDANT at 0014:50 HOURS, on the 27th day of October , 2000 at 108 SPRINGHOUSE ROAD SHIPPENSBURG, PA 17257 by handing to CASSANDRA MONTGOMERY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.02 Affidavit .00 Surcharge 10.00 .00 29.02 Sworn and Subscribed to before me this U k- day of So Answer R. Thomas Kline 11/15/2000 LISA GREASON By Y ? Deputy S iff (/.ru?icj,u. -2 &z7,0 A. D. ?fC.c-- ?2, i! /. /.. r thonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Orrstown Bank vs. Civil Division No.2000-7204 Glenn L. Montgomery and Cassandra Montgomery SUGGESTION OF BANKRUPTCY To: Prothonotary Please note upon the record that Glenn L. Montgomery, one of the defendants in the above-captioned action, filed a Voluntary Petition in Bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania at Harrisburg, PA, onJune 4, 2001, at 9:26 o'clock A.M., which petition was docketed to 1-01-03191. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §362(A), AN AUTOMATIC STAY IS IN EFFECT FOR ALL PROCEEDINGS INVOLVING THE ABOVE-NAMED DEFENDANT(S). CERTIFICATE OF SERVICE I, Richard L. Bushman, Esquire, attorney for the above captioned defendant(s) in the bankruptcy proceeding before the United States Bankruptcy Court for the Middle District of Pennsylvania, do hereby certify that on the date set forth below I served the within "Suggestion of Bankruptcy" by depositing a copy of the same in the United States Mail, postage prepaid, at Spring Run, Pennsylvania, addressed to the parties or attorney's of record as follows: Orrstown Bank 77 E. King Street Shippensburg PA 17257 Date: June 7, 2001 16767 Path P.O. Box 51 Spring Rur?d 'h, Esquire Road [717] 17262-0051 r ? r n ? ter; "E> ' ? ? -• ? : Lo cxs z? ti Orrstown Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Glenn L. Montgomery and Writ No. 2000-7204 Civil Term Cassandra Montgomery R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James M. Robinson. Sheriff's Costs Docketing Surcharge Law Library Prothonotary Mileage Levy Advertising Posting Handbills Share of Bills Poundage Law Journal Patriot News Certified Mail 30.00 30.00 .50 1.00 28.98 15.00 15.00 15.00 25.20 11.76 237.50 184.15 5.50 $599.59 paid by attorney 09/03/02 Sworn and subscribed to before me /10s: This 9 day of I &I R. Thomas Kline, Sheriff 2002, A.D. ByL=? 1 Prothonotary Real Estate Deputy /gee, ) d 9179 f 1 ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 `' t_. Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 King Street Shippensburg, PA 17257-0162 Glenn L. Montgomery IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TORLCL,' 7i -c , CIVIL ACTION - LAW IN MORTGAGE FORECLd9URE P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Glenn L. Montgomery Cassandra Montgomery Address 110 King Street Shippensburg, PA 17257-0162 P.O. Box 162 Shippensburg, PA 17257-0162 108 Springhouse Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Pennsylvania Housing Finance Agency American Eagle Developers I Address 77 East King Street Shippensburg, PA 17257 2101 North Front Street Harrisburg, PA 17110-1081 319 West 8th Avenue West Homestead PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None / ? , 16 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unswom falsification to authorities. Date Ja M. Robi on Esqul 28 outh Pitt reet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TAKE NOTICE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE That the Sheriffs Sale of Real Property (real testate) will be held: DATE: September 4, 2002 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery 110 South Queen Street P.O. Box 162 Shippensburg, PA 17257 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained fro the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland Co my Courthouse, Carlisle, Pennsylvania 17013. ! IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 w THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the 4. 5. creditor before presentation to the Court and a propo$ad Order or Rule must be attal hed to the petition. If a: specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. A copy of the Writ of Execution is attached hereto. I LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon enacted, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S°, Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. I ii WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 KING STREET, SHIPPENSBURG, PA 17257-0162 AND PO BOX 162, SHIPPENSBURG, PA 17257-0162 AND CASSANDRA MONTGOMERY, 108 SPRINGHOUSE ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 Interest $7,903.98 Arty's Comm $7,325.16% Arty Paid $142.04 ,s Plaintiff Paid - Date: MAY 7, 2002 REQUESTING PARTY.- Name JAMES M. ROBINSON, ESQUIRE Address: 28 SOUTH PITT STREET L.L. $.50 Due Prothy $1.00 Other Costs LATE CHARGES $546.20 CURTIS R. LONG Prothonotary, Civil Division CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-245-9688 Supreme Court ID No. 84133 Real Estate Sale #13 On May 9, 2002 the sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA Known and numbered as 110 South Queen Street, Shippensburg and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 9, 2002 By: Real Estate Deputy } ?g4? (is C;M a.-,Ja0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. 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 official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 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. gEAL FATE SALE NO. 13 Writ No. 2000-7204 Civil orrstown Bank VS. Glenn L. Montgomery and Cassandra Montgomery Atty.: James M. Robinson LEGAL DESCRIPTION ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and im- provements thereon erected, con- sisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet I Roder M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST. 2002 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 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ?- PUBLICATION ..??......... ................................................ COPY S is 14th day o ugu 02 A.D. S A L E #13 Notarial Seal '= P AL ESTATE SALE No. 13 T 3 Terry L. Rtusell, Notary Public tit No. 2000-7204 City Of Hartisburg, Dauphin Co ' civil Term My Commission Expires June 6, 2006 NOTARY PUBLIC grrstown Bank Member, Pennsylvania Associatkm Of NOiy t--> - vs - - commission expires June 6, 2006 Glenn L. Montgomery and Cassandra Montgomery CUMBERLAND COUNTY SHERIFFS OFFICE yltfj!; James M. Robinson ?DESCIUFTiON CUMBERLAND COUNTY COURTHOUSE ';ALL that certain lot of ground, being Lot No.4 in CARLISLE, PA. 17013 a Plan of Building Lots laid out by U.S. ling; together with the building and VimpmvemAts, thereon erected, consisting of a Statement of Advertising Costs '`"rau?dwe(ling house and other improvements, g situate on ifie Rest side of South Queen Street in To THE PATRIOT-NEWS CO., Dr. 'etfinfy, Penn of Shippe; Cumberland msnry, Pennsylvania, containing in front on said For publishing the notice or publication attached said Queen Street, mirty-four (34) feet and hereto on the above stated dates $ 182.40 extendingin depth westwardly between Lot No.S E-of said=, Me, formerly the property or Probating same Notary Fee(s) $ 1.75 `Saar i C. azglerode, on the South thereof, and by Total $ 1 84.1 5 sa-'fourteen[ (14) foot wide alley on the North Ithereof, on, hundred and thirty-four(134) feet to --alenandtaone-half f./2)foot wide aueyou Publisher's Receipt for Advertising Cost 'Jest thereof. B 6ING1NGk known es t I O South Queen en G the same rear estate which But, Baker, I, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ,Do- __Acf and Dorothy Allen, Bxecumus of 'e receipt of the aforesaid notice and publication costs and certifies that the same have ,-the last 741 and Testament of Helen B. Baker, by -Deed dated June 12, 19843 and recorded in Cumberland County Deed Book "S", Volume 30, page 853, granted and conveyed to Glenn L. By .................................................................... Mav[g9mery andCassmdra hfavlgomcry, his t wife. t <_ 1 1 l oo- 7,?oy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK, ( ) Confessed Judgment Plaintiff (X) Other V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants File No. Amount Due Interest Late Charges Escrow Due Unapplied Credit Atty's Comm. Costs 2000-7204 $48,834.39 $7,903.98 $546.20 $7,325.16 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendant: 110 S. Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) Respectfully Submitted TURO LAW OFFICES aLf?o3 Date Jaleb M. Robi son, Esquire 28 uth Pitt reet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiff fan- a ? 4( 33 Exhibit A LEGAL DESCRIPTION ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said south Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of the said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West.thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. I ?zz o U ny , ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Glenn L. Montgomery Cassandra Montgomery Address 110 South Queen Street Shippensburg, PA 17257-0162 P.O. Box 162 Shippensburg, PA 17257-0162 108 Springhouse Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Address 77 East King Street Shippensburg,PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unsworn falsification to authorities. ,)jNo3 Date Jams . Robins n, Esquire 28 o th Pitt Str et Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 - cad G). ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 43129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 11, 2003 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery 110 South Queen Street P.O. Box 162 Shippensburg, PA 17257 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. GET FREE LEGAL ADVISE: Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. (i CD Ci C , _ Tl f i--- 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 00-7204 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 S. QUEEN ST., P O BOX 162, SHIPPENSBURG PA 17257-0162. and CASSANDRA MONTGOMERY, 108 SPRINGHOUSE ROAD, SHIPPENSBUA PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 S. QUEEN ST., SHIPPENSBURG PA 17257 (SEE ATTACHED LEGAL DESCRPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 Interest $7,903.98 Atty's Comm % $7,325.16 Arty Paid $754.13 Plaintiff Paid Date: FEBRUARY 14, 2003 (Seal) REQUESTING PARTY: Name JAMES M. ROBINSON, ESQ. L.L. Due Prothy $1.00 Other Costs LATE CHARGES $546.20 CURTIS R. LONG Prothonotary By: G Deputy Address: 28 S.PITT ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 84133 ORRSTOWN BANK, Plaintiff &0. 00 - 7aov C te??U -27-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants ( ) Confessed Judgment (X) Other File No. 2000-7204 Amount Due $48 834.39 Interest , $7,903.98 Late Charges $546.20 Escrow Due $ Unapplied Credit $ Atty's Comm. $7,325.16 .his- $_9 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendant: 110 S. Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) Respectfully Submitted TURO LAW OFFICES Date i Ja M. Robi on, Esquire 28 outh Pitt reet Carlisle, PA 1 013 (717) 245-9688 Attorney for Plaintiff f' e-r +CL-k dbu? C ul? J e v 5t + + tJr t? Q `? ?N ( ( tom f S Exhibit A LEGAL DESCRIPTION ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said south Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of the said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. P ? U ci 1 ? d WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 S. QUEEN ST., P O BOX 162, SHIPPENSBURG PA 17257-0162 AND CASANDRA MONTOGMERY,108 SPRINGHOUSE ROAD, PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 S. QUEEN ST., SHIPPENSBURG PA 17257-0162 (SEE LEGAL DESCRIPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 L.L. hderest $7,903.98 Arty's Comm % $7,325.16 Due Prothy 1.00 Atty Paid $1,341.92 Other Costs LATE CHARGES = $546.20 Plaintiff Paid Date: JUNE 11, 2003 CURTIS R. LONG Protbon ry (Seal) By: D putt' REQUESTING PARTY: Name JAMES M. ROBINSON, ESQUIRE Address: 28 S. PITT ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 84133 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Glenn L. Montgomery Cassandra Montgomery Address 110 South Queen Street Shippensburg, PA 17257-0162 P.O. Box 162 Shippensburg, PA 17257-0162 108 Springhouse Road Shippensburg, PA 17257 C 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Orrstown Bank Address 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unsworn falsification to authorities. to i f D3 Date Ja a M. Robinry} on, Esquire 28 Muth Pitt $?reet Carlisle, PA 1`y777013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 n = ,. ; _ rn ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 63129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: September 3, 2003 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery Cassandra Montgomery 110 South Queen Street 108 Springhouse Road P.O. Box 162 Shippensburg, PA 17257 Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. c. co i - 2z 1'L t- - Orrstown Bank VS Glenn L. Montgomery and Cassandra Montgomer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-7204 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James Robinson. Sheriff's Costs: Docketing 30.00 Poundage 11.23 Surcharge 30.00 Law Library Prothonotary 1.00 Mileage 27.60 Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Law Journal 223.55 Patriot News 179.17 Share of Bills 25.24 $ 572.79 paid by attorney 6/11/03 Sworn and subscribed to before me So Answers: This ) P ? day of lr? _ R. Thomas Kline, Sheriff 2003, A.D. _ /N.cdl/w,A?j BY Prothonotary Real E to Deputy ?O?q O u'-, I ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Address 110 South Queen Street Shippensburg, PA 17257-0162 Glenn L. Montgomery Cassandra Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 108 Springhouse Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unsworn falsification to authorities. ? ) Date Jams . Robins n, Esquire 28 o th Pitt Str et Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TAKE NOTICE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE That the Sheriffs Sale of Real Property (real estate) will be held: DATE: June 11, 2003 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery Cassandra Montgomery 110 South Queen Street 108 Springhouse Road P.O. Box 162 Shippensburg, PA 17257 Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S, Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 S. QUEEN ST., P O BOX 162, SHIPPENSBURG PA 17257-0162. and CASSANDRA MONTGOMERY, 108 SPRINGHOUSE ROAD, SHIPPENSBURG PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 S. QUEEN ST., SHIPPENSBURG PA 17257 (SEE ATTACHED LEGAL DESCRPTION). (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 L.L. Interest $7,903.98 Atty's Comm % $7,325.16 Due Prothy $1.00 Arty Paid $754.13 Other Costs LATE CHARGES $546.20 Plaintiff Paid Date: FEBRUARY 14, 2003 CURTIS R. LONG Protho otary (Seal) By EtZ,(t. D uty REQUESTING PARTY: Name JAMES M. ROBINSON, ESQ. Address: 28 S.PITT ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 84133 Real Estate Sale #51 On March 13, 2003 the sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA known and numbered as 110 S. Queen Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. t r Date: March 13, 2003 Bya.:.'U c )ry11? Real Estatd Deputy ?0 4 w Li F fi, 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 JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PILIUACATION ............a .......... .... f?..,? ......... COPY Sworn to an s ribed before me 14th day o rayO 3 A.D. S A L E #51 Notarial Seal "REAL ESTATE SALE No. 57 Tarry L. Russell, Notary Public ?- _ -. Writ No. 2000-7204 City Of Harrisburg, Dauphin County NOTARY PUBLIC Civil Term My Commission Expires June 6,2006 commission Orrsto expires June 6, 2006 vs Bank Member, Pennsylvania Association Of Notaries •?nn L. Montgomery and Cassandra Montgomery CUMBERLAND COUNTY SHERIFFS OFFICE Afty: James Robinson CUMBERLAND COUNTY COURTHOUSE ` -_ DESCRIPTION - = N".Ll_that retiain lot of ground, being Lot No, CARLISLE, PA. 17013 4 in a Plan of Building Lots laid out by U.s. HanggImde, together with the building and - r7mpiovements thereon erected, consisting of a Statement of Advertising Costs frame dwelling house mi other improvements, - situatee=on the West side of South Queen Street To THE PATRIOT-NEWS CO., Dr. in the Homugh of Swppensburg, Cumberland _pmot-; Pennsylvaid containing in front on For publishing the notice or publication attached -_or,, Queen, act, thirty-four (34) feet hereto on the above stated dates $ 177.42 -add extending in depth westwardly between -Lot No.5 of said Plan, now or formerly the Probating same Notary Fee(s) $ 1.75 -property of Sarah C. Harglerade, on the South Total $ 179.17 ,_the end by a fourteen (l4) '-'wide alley _antheTSorth thereof, ove hundred and [hirtyy- four_?34) feet to a ten and one-half (f0-I!2) -fact wide alley on the West thereof. BEING Publisher's Receipt for Advertising Cost ?R.?.n?o m? aX110 South Queen Strgt BEING the same real estate which Earl Baker, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general c- Donald Baker and Dorothy Allen, Executors of receipt of the aforesaid notice and publication costs and certifies that the same have the_Last Will and Testament of Helen E. Baker, t--by Deed dated June 12, 1984, and recorded in - Cumberand County Deed Book, "S", Volume W6, P.age_853, granted and conveyyed to Glenn Vt_tgomery and Cassandra 4lontgamery, By .................................................................... REAL ESTATE SALE NO. 51 Wilt No. 2000-7204 Civil Orrstown Bank vs. Glenn L. Montgomery and Cassandra Montgomery Atty.: James Robinson LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY. PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and im- provements thereon erected, con- sisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg. Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide al- ley on the North thereof, one hun- dred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dor- othy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn - - L. Montgomery and Cassandra Mont- gomery, his wife. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, APRIL 25, MAY 2, 9, 2003 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. TO AND SUBSCRIBED before me this 9 day of MAY, 2003 6 Orrstown Bank VS Glenn L. Montgomery and Cassandra Montgomery el In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-7204 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney James Robinson. Sheriff s Costs Docketing 30.00 Poundage 11.33 Posting Handbills 15.00 Advertising 15.00 Mileage 27.60 Levy 15.00 Surcharge 30.00 Law Library Postpone Sale 20.00 Prothonotary 1.00 Law Journal 232.85 Patriot News 151.15 Share of Bills 28.90 $ 577.83 paid by attorney 11/07/03 Sworn and subscribed to before me So Answers: This hd day of ? rxfew R. Thomas Kline, S eli riff 2003, A.D. r BYJ6A Prothonotary Real Estate Deputy I.a? yagy4 l Y ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257-0162 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 108 Springhouse Road - Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Glenn L. Montgomery Cassandra Montgomery Address 110 South Queen Street Shippensburg, PA 17257-0162 P.O. Box 162 Shippensburg, PA 17257-0162 108 Springhouse Road Shippensburg, PA 17257 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Address 77 East King Street Shippensburg, PA 17257 Pennsylvania Housing Finance Agency American Eagle Developers 2101 North Front Street Harrisburg, PA 17110-1081 319 West 8m Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unsworn falsification to authorities. to 1 f r?3 . i ...-?? Date Ja a M. Robinry} on, Esquire 28 96uth Pitt §treet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 1 ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 43129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: September 3, 2003 TIME: 10:00 a.m. LOCATION: Jury Assembly Room Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery Cassandra Montgomery 110 South Queen Street 108 Springhouse Road P.O. Box 162 Shippensburg, PA 17257 Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $57,406.28 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. GET FREE LEGAL ADVISE: Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK Plaintiff (s) From GLENN L. MONTGOMERY, 110 S. QUEEN ST., P O BOX 162, SHIPPENSBURG PA 17257-0162 AND CASANDRA MONTOGMERY,108 SPRINGHOUSE ROAD, SHIPPENSBUR( PA 17257. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 110 S. QUEEN ST., SHIPPENSBURG PA 17257-0162 (SEE LEGAL DESCRIPTION) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,834.39 L.L. Interest $7,903.98 Atty's Comm % $7,325.16 Due Prothy 1.00 Atty Paid $1,341.92 Other Costs LATE CHARGES = $546.20 Plaintiff Paid Date: JUNE 11, 2003 CURTIS R. LONG Protho otary (Seal) By: F? eputy REQUESTING PARTY: Name JAMES M. ROBINSON, ESQUIRE Address: 28 S. PITT ST. CARLISLE PA 17013 Attorney for: PLAINTIFF Telephone: (717) 245-9688 Supreme Court ID No. 84133 Real Estate Sale # 72 On June 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA known and numbered as 110 South Queen Street, Shippensburg, more hilly described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2003 By:GCI i'v11(?'1 Real Estate Deputy O C;M G=e7 OR PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, JULY 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE SALE NO. 72 Writ No. 2000-7204 Civil Orrstown Bank V9. Glenn L. Montgomery and Cassandra Montgomery Atty.: James Robinson LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. 17257 ALL that certain lot of ground. being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and im- provements thereon erected, con- sisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland. County.. Pennsylvania. WOKTO AND SUBSCRIBED before me this 1 day of AUGUST, 2003 LOIS E. - PY4 Ccu 5, A -?-- - ? REAL ESTATE SA E No.7Y- ' Writ N6.2000.7204 ;; ? Rlvll Term -- Orrstov+n Bank on L. Montaomerv and of Building Eats laid out by U.S. toggether with the building and thereon_erected, consisting of a of Shippensburg, Cumbedand lvania, containing in front on said Street, thitty-four (34) feet and pub westwardly, between Lot No. 5 row or formerly the properly of .SreW.-oAe hundred and thiny-four (134) feet to Ceti anSLone= nlhi W) foot wide alley on the West edt-reof,$ELNG known as 110 South Queen Street. BEING the -same real estate which Earl Baker, :-Donald Ba mmd Dorothy Allen, Executors of the-Laq Wdl and Testament of Helen E. Baker, by eutLdated_June 12, 1984, and recorded in -berd County Deed Book "S", Volume 30, Page 853; granted and conveyed to Glenn L. sMohtgo?nery-and Cassandra Montgomery; his e. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,11929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ,l¢ ................. COPY Sworn subscribed ebeforee s 13th day of ugus 3 A. D. SALE#72 Notarial Seal Terry L. Russell, Notary PuCity OfHarrisbirg,DauphinCNOT RY PUBLIC MyConxr?sionExpiresJuie6mmission expires June 6, 2006 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 $ 149.40 Probating same Notary Fee(s) $ 1.75 Total $ 151.15 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circuiation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ORRSTOWN BANK, Plaintiff ( ) Confessed Judgment (X) Other V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants File No. Amount Due Interest Late Charges Escrow Due Unapplied Credit Atty's Comm. Costs TO THE PROTHONOTARY OF THE SAID COURT: 200204. _ $48,522.87 $17,016.64 $767.34 $7,325.16 V 4,868 d,2 The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the Defendant: 110 S. Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257 (See Legal Description attached hereto and incorporated herein as Exhibit A.) Respectfully Submitted TURO LAW OFFICES 1i-3n-01 Date oaf 1 /by -4-- ?P1%c?e?lL w? M. Robioson, Esquire 28'Sbuth Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Exhibit A LEGAL DESCRIPTION ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said south Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of the said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. A J'il? CD r , C, (I ?• - ? Rl ? Cry "? lJ` ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Orrstown Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 110 South Queen Street, Shippensburg, PA 17257. 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 110 South Queen Street Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Glenn L. Montgomery Cassandra Montgomery Address 110 South Queen Street Shippensburg, PA 17257 P.O. Box 162 Shippensburg, PA 17257-0162 110 South Queen Street Shippensburg, PA 17257 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensburg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Address 77 East King Street Shippensburg, PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None 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. §4904 relating to unswom falsification to authorities. 11 t3o-oaf Date J s M. Rob' son, Esquire outh Pitt treet C lisle, PA 7013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 n ;. . CD r + ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 63129.2 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: March 2, 2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS: 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery 110 South Queen Street P.O. Box 162 Shippensburg, PA 17257 Cassandra Montgomery 110 South Queen Street Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount of $75,485.13 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-Civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. Up.; c°a J !.: ril Yr] L Cad :arj d. (S ? >, r rv WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-7204 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From GLENN L. MONTGOMERY AND CASSANDRA MONTGOMERY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,522.87 L.L. Interest $17,016.64 Arty's Conan $7,325.16 % Due Prothy $1.00 Atty Paid $1,934.75 Other Costs LATE CHARGES - $767.34 Plaintiff Paid Date: NOVEMBER 30, 2004 CURTIS R. LONG Prothonot afi (? (Seal) / By U//D v.??- Deputy REQUESTING PARTY: Name JAMES M. ROBINSON, ESQUIRE Address: 28 SOUTH PITT STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-245-9688 Supreme Court ID No. 84133 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice of Sheriffs Sale of Real Estate Pursuant to PA. R.C.P. § 3129.2 upon the following interested parties by depositing same in the United States Mail, first class, postage pre-paid on the 27th day of January, 2005, from Carlisle, Pennsylvania, addressed as follows: Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257 Cassandra Montgomery 110 South Queen Street Shippensburg, PA 17257 Orrstown Bank Pennsylvania Housing Finance Agency 77 East King Street 2101 North Front Street Shippensburg, PA 17257 Harrisburg, PA 17110-1081 American Eagle Developers 319 West 8th Avenue West Homestead, PA 15120 TURO LAW OFFICES 4. 2i$outh Pitt?reet Carlisle, PA 1 013 (717) 245-9688; FAX 717.245.2165 c? Pi ?i1', Twl» lf?r- Wit ) A ra •? 00 - 7-, C, V1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Orrstown Bank is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution issued on the 30th day of Nov, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2000 Number 7204, at the suit of Orrstown Bank against Glenn L Montgomery & Cassan dra is duly recorded in Sheriff's Deed Book No. 267, Page 4503. IN TESTIMONY WHEREOF, I have hereunto set my hand Aa- and seal of said office this z day of A.D. 07 iMd' Recorder of Deeds . Orrstown Bank In The Court of Common Pleas of VS Cumberland County, Pennsylvania Glenn L. Montgomery and Writ No. 2000-7204 Civil Term Cassandra Montgomery Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 06, 2004 at 8:41 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Glenn L. Montgomery and Cassandra Montgomery, by making known unto Alea Montgomery, adult daughter of Glenn L. and Cassandra Montgomery, at 110 South Queen Street, Shippensburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Kurt Haag, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 9:57 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Glenn L. Montgomery and Cassandra Montgomery, located at 110 South Queen Street, Shippensburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Glenn L. Montgomery and Cassandra Montgomery, by regular mail to their last known address of 110 South Queen Street, Shippensburg, PA 17257. These letters were mailed under the date of December 29, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 02, 2005 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney James Robinson for Orrstown Bank. It being the highest bid and best price received for the same, Orrstown Bank of 77 East King St., Shippensburg, PA 17257, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $770.31, it being costs. Sheriffs Costs: Auctioneer Law Library Prothonotary Docketing $30.00 Poundage 15.10 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 10.00 1.00 LA ? n Mileage 29.60 Certified Mail 13.26 Levy 15.00 Surcharge 30.00 Law Journal 232.85 Patriot News 238.27 Share of Bills 30.73 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 770.31 Sworn and subscribed to before me This day of OlaoAc 2005, A.D. Prothonotary So Answers: R. Thomas Kline, Sheriff BY d6d4lywli Real Estate eputy I ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 c w C) Orrstown Bank, Plaintiff in the above action, sets forth 5.;''of 4g the Praecipe for the Writ of Execution was filed, the following informi.p coer?i the c real property located at: 110 South Queen Street, Shippensburg, PArJ-7297. ? cR+ =r 1. Name and address of owner(s) or reputed owner(s): Name Address Glenn L. Montgomery 110 South Queen Street Shippensburg, PA 17257 Glenn L. Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 Cassandra Montgomery 110 South Queen Street Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Name Glenn L. Montgomery Address 110 South Queen Street Shippensburg, PA 17257 Glenn L. Montgomery Cassandra Montgomery P.O. Box 162 Shippensburg, PA 17257-0162 110 South Queen Street Shippensburg, PA 17257 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Orrstown Bank 77 East King Street Shippensbu'rg, PA 17257 4. Name and address of the last recorded holder of every mortgage of record: Name Orrstown Bank Address 77 East King Street Shippensburg, PA 17257 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, 'PA 17110-1081 American Eagle Developers 319 West 8t'h Avenue West Homestead, PA 15120 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address None 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address None I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 113c> - e) q Date J S A Rob' son, Esquire outh Pitt treet C rlisle, PA 7013 (717) 245-9688 Attorney for Plaintiff Supreme Court No. 84133 ORRSTOWN BANK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYVLANIA V. : NO. 2000-7204 CIVIL TERM GLENN L. MONTGOMERY and : CIVIL ACTION - LAW CASSANDRA MONTGOMERY, Defendants : IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PA R.C.P. 43129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: • March 2, 2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 THE LOCATION OF YOUR PROPERTY TO BE SOLD IS - 110 South Queen Street Shippensburg, Cumberland County Pennsylvania, 17257 (See Attached Legal Description) _. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other improvements erected on the land. SERVE UPON: Glenn L. Montgomery Cassandra Montgomery 110 South Queen Street 110 South Queen Street P.O. Box 1,62 Shippensburg, PA 17257 Shippensburg, PA 17257 THE JUDGMENT under or pursuant to which your property is being sold is docketed to: Orrstown Bank v. Glenn L. Montgomery and Cassandra Montgomery at No. 2000-7204 in Cumberland County, Pennsylvania, for the amount' of $75,485.13 which amount includes interest, attorney fees, and costs for the foreclosure and sale of the mortgage premises. THE NAMES OF THE.OWNER OR REPUTED OWNERS of this property are: Glenn L. Montgomery and Cassandra Montgomery. A SCHEDULE OF DISTRIBUTION, being a list of the person, and or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to the bank(s) that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT TAKEN AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: You may file a petition with the Court of Common Pleas of Cumberland County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherifrs Sale you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other property cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed Order or Rule must be attached to the petition. 4. If a specific return date is desired, such date must be obtained from the Court Administrator Office-civil Division of the within County Courthouse, before presentation to the Court. 5. A copy of the Writ of Execution is attached hereto. LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and improvements thereon erected, consisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg, Cumberland County, Pennsylvania, containing in front on said South Queen Street, thirty-four (34) feet and extending in depth westwardly between Lot No. 5 of said Plan, now or formerly the property of Sarah C. Harglerode, on the South thereof, and by a fourteen (14) foot wide alley on the North thereof, one hundred and thirty-four (134) feet to a ten and one-half (10-1/2) foot wide alley on the West thereof. BEING known as 110 South Queen Street. BEING the same real estate which Earl Baker, Donald Baker and Dorothy Allen, Executors of the Last Will and Testament of Helen E. Baker, by Deed dated June 12, 1984, and recorded in Cumberland County Deed Book "S", Volume 30, Page 853, granted and conveyed to Glenn L. Montgomery and Cassandra Montgomery, his wife. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 00-7204 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ORRSTOWN BANK, Plaintiff (s) From GLENN L. MONTGOMERY AND CASSANDRA MONTGOMERY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,522.87 L.L. Interest $17,016.64 Arty's Comm $7,325.16 % Due Prothy $1.00 Arty Paid $1,934.75 Other Costs LATE CHARGES - $767.34 Plaintiff Paid Date: NOVEMBER 30, 2004 CURTIS R. LONG Prothonotary (Seal) ` By: n /J s3, Deputy REQUESTING PARTY: Name JAMES M. ROBINSON, ESQUIRE Address: 28 SOUTH PITT STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-245-9688 Supreme Court ID No. 84133 J, Real Estate Sale #25 On December 01, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA Known and numbered as 110 South Queen Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and. by this reference incorporated herein. Date: December 01, 2004 By: \J0 SWUA Real Est Deputy Sh :b d 1- 030 4001 v? G? AA183HS 3H1 J0 331HA0 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, January 14, 21, 28, 2005 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. REAL ESTATE SALE NO. 25 Writ No. 2000-7204 Civil Orrstown Bank VS. Glenn L. Montgomery and Cassandra Montgomery Atty.: James Robinson LEGAL DESCRIPTION OF 110 SOUTH QUEEN STREET SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, 17257 ALL that certain lot of ground, being Lot No. 4 in a Plan of Building Lots laid out by U.S. Harglerode, together with the building and im- provements thereon erected, con- sisting of a frame dwelling house and other improvements, situate on the West side of South Queen Street in the Borough of Shippensburg Cumberland County, Pennsylvania. containing in front an said South Queen Street, thirty-four (34) feet and extending in depth westwardly ------------ Marie Covnel Editor SWORN TO AND SUBSCRIBED before me this 28 day of January, 2005 NCTARIAL SEAL rw:, Cr,NDEt1, Notary Public Cumb and County F?; iros March 5, 2005 ..Z DESCRIPTION AI,L TkI.[T ZION lot of ground being - _ t No. 4 in a Plan of Building Lots laid out by SUS Harglerode, together with the building and Pmvements themon erected, consisting of a Eape.dwel%6 house and otber improve-meets, mate on thewest aide of South Queen Street in =>6e Boiougoi of Shippensburg, Cumberland PCow`ry, Peonsylvat ia, containing in from on said -_Th-Queen Sheet. t7uAy$our-(34) feet and in depth wesn'v between Lot No,5 Hof said Plan, now a fonuerly -the -property of -7rwWC73argWode, on the South thereof, and by =Saurteea (14) foot wide anev on the North 3ahalf (1012) foot wide alley an the 9eoT.. BEINGkaowu as 110 South Queen SING same real estate which Earl Donald 'Baker and Dorothy Allen, rs of the Last Will and Testament of -%aku,bylgj datcdJune 12,1984, and in OM&6dind County Deed Book i5% 0, Yeyre 953, gtanlhd and conveyed to THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January and the 1st day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ...................... .......................... ..:.......................................... COPY Sworn to and subscribed before s 23rd day of in 05 A.D. S A L E #25 NOTARIAL SEAL oa? Pu 'c Terry L. Russell, I GN of Harrisburg, Dauphin onnA NO Y PUBLIC expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 238.27 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ?`? ??/ f ORRSTOWN BANK, Plaintiff V. GLENN L. MONTGOMERY and CASSANDRA MONTGOMERY, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7204 CIVIL TERM CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE Please satisfy, settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES -1 )a-7 b Date 04mes M. Ro nson, Esquire South Pi treet Carlisle, PA 7013 (717) 245-9688 Attorney for Plaintiff m i