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HomeMy WebLinkAbout01-0770 FX (2) .- -~ ~' , -~' "''' . . FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 (?l'i) 'iti1-7000 ATTORNEY FOR PLNNTIFF COURT OF COMMON PLEAS CIVIL DIVISION MARKET STREET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 Plaintiff TERM NO. OJ. 770 C; (),. I v. CUMBERLAND COUNTY MICHAEL L BENDER 2188 NEWVILLE ROAD CARLISLE, PA 17013 Defendant( s) rTVII. ArnON - I.A W rOMPT ,ATNT TN MORTC:AC:F. FORF,CT ,OSTTRF. NOTTrF. **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LlBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #:8011454 ""'" , -_~c'" ,_ _ > ~~,j' 1. Plaintiff is MARKET STREET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL L. BENDER 2188 NEWVILLE ROAD CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 9/6/95 mortgagor( s) made, executed and delivered a mortgage upon the premises hereinafter described to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1281, Page 381. By Assignment of Mortgage recorded 3/4/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 541, Page 1044. 4. The premises subject to said mortgage is described as attached. 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon defaul t in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith, .~ -,"- _ f _,_ " '1lll1"": 6. The following amounts are due on the mortgage: Principal Balance Interest 8/1/00 through 2/1/0 I (Per Diem $15.61) Attorney's Fees Cumulative Late Charges 9/6/95 to 2/1/01 Cost of Suit and Title Search Subtotal $70,113.65 2,887.85 3,505.00 109.44 55.O.illl $77,165.94 Escrow Credit Deficit Subtotal 0,00 2flL24 ~ ?07 ?4 TOTAL $77,373.18 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgaged premises is =ant and "h"nnonen. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,373.18, together with interest fi'om 2/1/01 at the rate of$15.61 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. L./C~ 7~;rlerm~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff , .-~"O-~ '\1" _J._ " -~ I . _<. Mo Certified to be a true a_n~~.vrt copy { [Space Above nus Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 6, 1995 The mortgagor is MICHAEL L BENDER York Federal Savings and Loan Association which is organized and existing under the laws of THE UNITED STATES OF AMERICA 101 South George Street, PO Box 15068, York, PA 17405-7068 ("Borrower"). This Security Instrument is given to , and whose address is ("Lender"). Borrower owes Lender the principal sum of SEVENTY-THREE THOUSAND SEVEN HUNDRED AND NO/100************************************* Dollars (U.S. $ 73,700.00 ). 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 OCTOBER 1, 2025 . 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 CUMBERLAND County, Pennsylvania: Pennsylvania 17013 [Zip Code] 2188 NEWVILLE ROAD [Street] ("Property Address"); CARll S LE [City] which has the address of PENNSYLVANIA -- Single Family -- Fannie Mne/Freddie M..< UNIFORM INSTRUMENT ITEM 195011 {9211' Dodd 0000000944 Form 3039 9190 (page / of 6 pages) Greal Lakeli E1uslness Forms, Inc. . ToOrderCa!l: 1-800-530-9393 o FAX 616-7!l1-1131 .it"'''''''~-' ~~ ,,- "~ , _.&:ii, TOGETHER WITH all the improvements now or hereafter erected on the property. and all casements. appurtenances, and fixtures now or hereafter a part of the properly. 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 tllat 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 unifonn 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 tlle 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 (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, 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 ef .eq. ("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, or entity (including Lender, if Lender is such an 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 applying the Funds. annually analyzing the escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable 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 arc pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender 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 tlle Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums securcd 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 a~tributable 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 ?n time directly to the person owed payment. Borrower shall p~omptly funnsh to Lender all nOllces ?f amounts to be p~ld under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furlllsh to Lender receIpts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Sccurity Instrument unless Borrow:r: (a) agr~cs in writing to the payment of the obligation secured by. the .lien in a manner .accepta~le t? Lender; (b) ~onte~u: m good f31th the lien by, or defends against enforcement of the hen m, legal proceedmgs v:hich m the Lender S opunon operate to prevent the enforcement of the lien; or (c) secures from the holder of the hen an agreement samfactory to Len~er subordinating tile lien to this Security Instrument. If Lender determin~s that any part of tll~ Property IS subject to a hen which may attain priority over this Security Instn;ment, Lender may g~ve. Borrower a notlc: I.denllfymg the hen. Borrower shall satisfy tlle lien or take one or more of the aCllons set forth above wlthm 10 days of the glvmg of notIce. 5. Hazard or Property Insurance. Borrowcr shall kccp the improvements now existing or hercafter ereete.d on ~le Property insured against loss by fire, hazards ~clud:d within the t:rnl; "extended coverage" ~d ~y other hazards, lllcludlllg floods or flooding. for which Lender reqUIres msurance. This Insurance shall be mallltamed m the amounts and ITEM 19S0L2 (9211) Docld 0000000944 Fonn 3039 9/90 (page 2 of6 pages) Grullakn Business Forms, lnc, . To Order C,d1; 1-800-530-9393 0 ~AX 616-191-1131 ",............" ~,...,...",.."......,.. - --- '.' for the ,periods that Le.nder 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 '?I"y, at Lend~r'.s option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. ' All Insuran~e pohcles and ren~'Yals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall ~ave th~ nght to hold the poh.cles 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 dama~e?, if the resto~ation or repair is economically feasible and Lender's security is not lessened. If the restoration or repatr IS not econormcally 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 ~ay 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 within 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 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 Propcrty 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 tile 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 tile 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 tile Property to make repairs. Although Lender may take action under this paragraph 7, Lender docs 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, tllese amounts shall bear interest from the date of disbursement at tile Note rate and shall be payabie, witll 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 tile mortgage insurauee previously in effect. at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each montil a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve Il1 lieu of mortgage insurance. Loss reserve payments may no longer be required, at tile 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 becomcs available and is obtained. Borrower shall pay the prcmiUl:ls rcquired to ~laintain l11ongag~ 1I1suranc~ In effect, or to provide a loss reserve, until the requirement for mortgage ll1surancc ends 111 accordance WIth any wnltC-ll 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 tile inspection, 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with ITEM 1950L3 (9211) Oocld 0000000944 Fonn 3039 9/90 (page 3 of 6 pages) Great Lakes ~uslnus Forms, Inc. . To Ofdef Call: 1-800-530-9393 o FAX 616.19H131 ^rrT4 1 f"lrH'Ih?h.<h .Ii - --~ ~-'"""-'- , ,~-" ' ~ il',' 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 Ins~ment, ~hether 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 s.ums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fracllon: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property !mme?iately beFore the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property. m wh!eh the fair market value of the Property immediately before the taking is less than the amount of the sums secure~ 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 s~cured 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; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the snms secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the origiual Borrower or Borrowcr's succcssors 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 origiual 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 be joint 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, forbear, or make any accommodations with regard to the terms of tills 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) any sums 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 a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided 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 tIlis 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 conOicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or tile Note wiuch 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 Nole and of this Security Instrument 17. Transfer of the Property or a Beneticial Intercst in Borrower. If all or any part of the ~roperty or any mterest 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 penod of nol less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums ~ecured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may mvoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. . 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the nght to, have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other penod as ITEM 1950L4 (9211) Oocld 0000000944 Form 3039 9f90 (page 4 of 6 pages) Grnl lakes 8usines& Form5,Jnc. . Tll OrderCaU: 1-800.530.9393 o FAX 616-191-1131 ^rrT~ 1 rH'IIit::?c;":U; ~ '<\ .- -~,." J';" ~, ""-; applic.able law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Sccunty 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 Instru~ent, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may rea;;onably reqUlre to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's o~hgation .to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Seeunty 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 a change 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 information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage 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. Borrower shall 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 governmental 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 defmed 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 Borrowcr's breach of any coveuant or agreement in this Security Instrument (but not prior to acceleration uuder 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 iu acceleration of the sums secured by this Security Instrl\ll1eut, foreclosure by judicial proceeding and sale of the Property. Leuder shall further iuform Borrower of the right to reinstate after acceleration and the right to assert iu the foreclosure proceeding the nou-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leuder at its option may require immediate payment in full of all Sl\ll1S secured by this Security IlIStrl\ll1ent without further demand and may foreclose this Security IlIStrument by judicial proceeding. Lender shall be eutitled to collect all expellScs iueurred in pursuing the remedies provided in this paragraph 21, includiug, but not limited to, attorneys' fees and costs of title evidence to Ihe extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrumcnt, tllis Security Instrumclll and tlle esultc 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 tlle benefit of any present or fu~re 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 pnor 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, tllls Security Instrument shall be a purchase,money mortgage. , . 26. Interest Rate After Judgment. Borrower agrees that the mterest rate payable after a Judgmcnt IS entered on tlle Note or in an action of mortgage foreclosure shall be tlle rate payable from time to time under tlle Note, ITEM 1950LS (9211) Oocld 0000000944 Fonn 3039 9/90 (page 5 of 6 pages) GteallakesSlJsfnenFotms,fnc. . To Order Call: 1-800-530-9393 0 FAX 616-791-113\ ~rrTii 1()()()h?~1fi ~-" ~ LL ~ ;- title l\CCC 1111 SCurWULg C . ^I.t. thnt. c~ttnJ.11 tti'ct or: lot or gt'U\lII1J 1I1t\lntl:! 1" lhe lOtlll!ildp or U~S::t t'<!l1119horo, COUllt}" or Gumb~ttl\IHJ rll\J r.totf! DC t'1!llllf.1yl11ol1_l.n. hO\jlHI~J nlHI d~ul::rl1.tett 00 (0110wo: ntcHlNHIG nt: " polllt 111 the C{!"t,~,. or. tll~ 11\,hl.Jr: rorHI J.~a."lllIr. fl'OI1l CC\tlll11.1! ~(1 Hc.wvtllc; tl1l:!\lCI! uy the C\'lItl!r or 1.:;1.1.\1 l'ub1.l.c lonll ~;o\lth 05 tI~8tl!~n JO hlll1utcn ,,!(!11t, n. t11r.tnllco o( 100 reet to u poillt; thCII(',{~ n.1ong tnlHlr1 noW ot rorn'crly oC s. II. bcltch, et ux, South'l tlqF{ler. JO tlt.ll1\Jtt~U El\t;t, :\ dlvlol1cr. o( l,'dJ.O.rt"cl t.o II Dtnh,t tliencl' utIll .nlong -lnntl!l 'II ow' or formcl'1.y or ro. 11. Ucltch-" at me', Uorth 05 J(!8r~c" )0 mI11utefl l~tJut. 0 d15t'IIICf! of 100 r(!~t to fI.utn!.:l:! fit COl"/I(!t' or J:lluluow-or.lot"lIIctly Dr tl..lgl2l\l11 H. 1l\.I\-lcy (tol: IIn. 1); thence alftng IInlll Lot Ull. 7. lIotlh,fl dcrp-co:'l JO hdnute.n \~Q!Jt. n .tliS\:f.\IICl2 or. 2'10.0 t\:!t'.l: to n point In the Cl!l\tl!t' or. the /ICot"eo::ttl.1 llubllc toaJ, ~he lllncc or ill~GUlllltIG. tll~111~ .l11111l:0\(~t1 .....hlt n ht:'kk dtorl:":ll.1ll& houul!. tlF.ING tot No.8 nil lhc 1'1<111 oCl.otg l:dtl Ollt fll\tl ndol'ted l1y S. II. h~lt~b om] Vloln Coth(!ril1~ lJ~J.tch. hi!! wJfe, omt r~cortl~d 1n till! C\llllhed.r\lltl Count}' 1\ec(I(dp.r'u orrtco ill i'J.~1I 1I00k No.5., POB!! (,). .', "i.-" '...., , ,~ .' ~~ ' .~ f~ . : "~'. ' .... " ", . . ..','" ';' " ~,-, ~"- ,,' > '.-..'-. -"'~ ,~" ""'- 27. Ridets 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 sha1l be incorporated' into and sha1l 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)] D Adjustable Rate Rider D Condominium Rider D 1-4 Family Rider D Graduated Payment Rider D Planned Unit Development Rider D Biweekly Payment Rider 0 Ba1l00n Rider 0 Rate Improvement Rider 0 Second Home Rider ~ Other(s) [specifY] RIDER TO PARAGRAPH 18 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wi141J. 'Jvf1l /tV /~"CL.... MICHAEL l BENDER (Seal) -Borrower (Seal) -Borrower (Seai) (Seal) .Borrower -Borrower COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the ~ th day of Sl p,ft Mh V , before me, the undersigned officer, personally appeared MICHAEL L BENDER proven) to be the person whose name i s that he executed the same for the purpose herein.contained. known to me (or satisfactorily subscribed to the within instrument and acknowledged IN WiTNESS WHEREOF, I hereunto set my hand and official seal. f~ H 1~tj My Commissino expires: . NClt;J::,':ISeal . Teny H. Milze!, Notary Public York. YG(;~ Counly L~'~Y Commi&s!ofl E;':j>;(m; March 9.1998 Tille of Officer CERTIFICATE OF RESIDENCE I, do hereby certifY that the correct address of the within named lender is 101 South George Street, PO Box 15068, York, PA 17405-7068 Witness my hand this day of Agent of Lender ITEM 1950L6 (Q211) Docld 0000000944 Fonn 3039 9/90 !page 6 of 6 pages) Grul Lakes lIuslnessFnrms, Inc. . To Order Call: 10800-530-9393 o FAX 616-19H131 ^("("TJl ,,,,,,,t::.,C;'H;' ~, ,. h 1\.;. . M,L tlHll. C(HtnJ\l tr;1c:t or 10t or r,nHIlHI 1I1tUllt~ 111 lit\:! lowlI~;ldp or t~l;!~t r~tllHJhol"o. Count}" of GUlllh~r:1I1nd nno r,tntl'! or 1"~I1IIl~yl"(\nJ.n, !,oII1HI{':u nlllt df!,:t:rlhctl oa [ollowa' nl:ctrHlnrc: nt n Ilolllt III th~ C(!l1tl~t' or. tile Ilutd_Jr: 1"01\\1 l"!OJ,Jlllr, tHll11 Cl\I:Urd.l:! to t1cwV'111C': thcncl! lJy tile Ct'IItf!\" or t::dtl puhllc 1011lJ ~;o\lth 05 t1~8rl!l;!u )0 ndnutCrI 'it! IIi: , n- t11r-t:lI\CO a( 100 tl!ct to rl point j tl1cliCt~ 1\,101113 lulldn now or rOl"lllcr1y of S. 1I. Deitch, et UK, South 'I {1~Br(!Cr. JO 1I1.lnutl~IJ Ent;t. n dlutl\1\cr.. o( 1.'dJ.8.[rct tf.! n Dtnltot tIH!I1C~ utill ...1011& b\ntl!1 1101.1' or formr.d.y or ro. 11. IJcttch, at \IJ(, Horth OJ J~Br~C" )0 Illfl1ut:ef1 1~",lIt. n dlGtlllu;{! or 100 rl!11t to n,tll:nlr.e nt r.orUQt' or l:\l1I1 1\0\.1 or [ot'",ctiy or t\lg~l\i" H. Hurley (t.ol: 1/0.1); tIICl\CC :11"1I11, tlnl\1 Lol: IIn. 7. t1otlll.'1 dClld~Q'l)O ndl1uten \~q:lt. n JlstnlH:C or. 2'.0.0 tt!(',t to 11 1'lJillt lIt tile Cf'!l1t'H or. the IICotl:!nntJ )luhllc toad, ~hp. }llnc(! or hl~GUWl-tlG, -h~.J.Il& .l'"i,lrov~t1 with, n ht"t.~k th.ll:dltllF; hO\luc. Jlt:[NG Lot No. 0 fill lhe 1'1:111 or. I.ote! l:dd out (lnd rllJoptetl by S. 11. h~ltch nn,l Vloln Cothcrll1l! tJt'l.tch. hI!' loIir~, rmtl r{':cot(l~d 111 th~ GlIllIhed.l\lHl Count)' Recortl(H.rfJ orrteo ill HOII Ilook tlo. 5,. pogt! I,). PREMISES: 2188 NEWVILLE ROAD ~. ,.-'" "~~^ VERIFICATION TAMARA L. MORTTI hereby states that she is ASSISTANT VICE PRESIDENT of MARKET STREET MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Veriflcation, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief, The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. ~ ()(, fYJAdt DATE: 2/6/0/ I I I ,.".,-~"""i-:;I"""'.4li<:"""lfffltilJ~;';;O<f.>l"ji..i!'&~_';\'!-d!01""~-,,@""_'1i='l",;ljJi4,,",!"'!Ii~~""~'~""""ild"i."'lWif:i'" ~lBjlalililmi!iiir.lilf.jj.j;WMM,jj ..,~".,. ~(D' ~ ~~, , ~I "'- ' ~ C\~ ,~~ I e O~ r ~ ~ ~ -.~ -e> :::::s- f - ",~- ~~" ",t", ,~_ " _, ."~~". -- ~, 'Y,,~..' "" ~".., " ,_,"_^,,__', ~, _ -~ '-^_'~' ,__ , . .--",,-' ,~",... ,_ .""',0 1i.\i!_IW~~t!+" ~~,-~,. ~-"".".~,.~ . ,,~.- , ";';l: . , . . Cl c::> 0 C .., <:~ -" -r) crS .f"'T'"t fTj rr-- '-~'M 7" "V ~ ~?~; I 0) -<" ~~ ::t''''' " :2?~ 5~~ 23 t:";(:;l 2: .-;---i W J> -' -,-, -< c::> ~ -< t.& ,~ f - ~~~~ _ "~ W~ FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Snite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MARKET STREET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO. 01-770-CIVIL MICHAEL 1. BENDER 1313 ZIMMERMAN ROAD CARLISLE, P A 17013 Defendant(s) PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaintiff and against MICHAEL L. BENDER Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest 2/1/01 TO 3/28/01 $77,373.18 $874.16 TOTAL $78,247.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. ~;:;L~ FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE: {Y)::JJJr-t.. .;;>~ ~l ~./ 72. ~ PRO PROT "THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA YE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. " -,,""......" t',__ fEDERMAN AND PHELAN, L.L.P. frank federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY fOR PLAINTIfF MARKET STREET CORPORATION MORTGAGE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff vs. CUMBERLAND COUNTY MICHAEL L. BENDER NO. 01-770-CIVIL Defendant(s) fiLE COpy TO: MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE, PA 17013 DATE OF NOTICE: MARCH 16. 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE . You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this 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 CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff ~ -'~ _-'ff~"-i!: , -'iYI'W"" ,. -,I ~-~"'" FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff MARKET STREET MORTGAGE CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-770-CIVIL MICHAEL 1. BENDER Defendant(s) VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant MICHAEL 1. BENDER is over 18 years of age and resides at 1313 ZIMMERMAN ROAD, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L;z~ FRANK FEDERMAN Attorney for Plaintiff ',".0Ii~.. . - -" .-- w~- - --',1- . (Rule of Civil Procedure No. 236 - Revised) MARKET STREET MORTGAGE CORPORATION : CUMBERLAND COUNTY : Court of Common Pleas Plaintiff : CIVIL DIVISION vs. : NO. 01-770-CIVIL MICHAEL L. BENDER Defendant(s) Notice is given that a Judgment in the above captioned matter has been entered against you on MARCH:29 .2000. BY._i&a-,. (J...2 7;;~j'DEPUTY If you have any questions concerning this matter, please contact: FRANK FEDERMAN. ESQUIRE Attorney for Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY AND TIllS DEBT WAS NOT REAFFIRMED, TIllS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** t!i!~~"'r"'"!/"~'-;~i!t';L~'itN'~~,M-r.W'~'-""'~rifdML('iI<':I.l"'B@';~"";,,",~'";'*'"1ii",'_'\H'i~bw..s'""_i"hl:.;;J",~liI;.,,WtiIl~mlll~~l!'lIll!IIil;li;~!iJJf_.a:~J.ll&:1lii: wi I ""iitttwllLllfill..i -, MfiiIiiI' hi ~ ""1-) (J ~ ~ (~~ ~ r __ ~ g 1'0<--.) :tJ J~ ~ F E-~ ~ R ~ (') c-=> c ~:;: '-:',~ -otL: rnrrni .._'0 Z:::U 1''' ;;:: C.~ UJ "';. tD -< ,,[ r::::C' J~~-' -"- ~~~ U " ~j ~ Ul :5:"') ()) -< ~~ ,~ r.~. .~ ,-, -~-, ~~ . "< = ___J."", .', _~ ,__~v_",", - -~ I -<""'1J - "" .-. - ~ -- -, >- --.-> ' ,,) -- ~~Jt_', '. /' I 'J""''<'i'..!--j t" " , < FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATIQN NO, 12248 QNE PENN CENTER AT SUBURBAN STATIQN, SUITE 1400 PHILADELPHIA, PA 19103-1814 (71~) ~fii-7000 ATTORNEY FQR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION MARKET STREET MORTGAGE CORPORATION CUMBERLAND COUNTY No,: 01-770-CIVIL vs, MICHAEL L. BENDER AFFIDAVIT OF SERVICE QF NQTICE QF SHERIFF'S SALE PTTRSTTANT TOPR r P, 404(7)140'1 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by certified mail to Defendant, MICHAELL. BENDER at 1313 ZIMMERMAN ROAD, CARLISLE,PA 17013, which notice of Sheriffs Sale was received by Defendant, MICHAEL L. BENDER on 05/14/01 as evidenced by the attached return receipt. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S, s 4904 relating to unsworn falsification to authorities, 9~27k~_ FRANK FEDERMAN, ESQUIRE Date:M"yi1, 7001 -;,.~,- 't .... ~ . , I .:, ~ ".0 ': ~ iz ,~ i~ :<C :e\i t ...___. ~~ DO d II .. ~ m ~ o ~ o ~~<') ~~l Q~8 a;fil~ Iii::;;:::: . it '" o:l ~-< -!lI~~ji....i~~. '" w ~ il ~ ~ c;u=~>-l~>-l ~ /1) ~ e llJ U'J Q. '0 < ....... .JI ~ -g ~ ...,.. N.....:l 5! /1) .2 III ....... ('I') p::: ~ ~ i;;g ~.-;< ~~~~~U t':i ~ ..... " o ~, Ii: w o z w CJ) l" ~ 0: " ~ ;; 0: -" 1D ~ ~ o o o '" ~ '" " .., ~ "'a; ~'" ....l E -< ~ "'If ., (J) ~ a.. " "'" - ';,:ili.'c .-="01 ,~mifjFJl~i!!.11"ff;~'."il"!"'",0J"'h""ijbNi(j'h!4'><illoV'il~'Ji',,,,,~o,k-~;,f,; '_<,-,(,hl'~+-"of7;i,i\l""'.ll'i,mOJJ!!tiiiilo,;;WIltiii>E~i';ll;llt<1~~;llIlntJ~~" ~~'Iiili~iiilll" - "."!.IiEi~ill'lilr<liiJ' ,~>- ~,~:-~,~"'" , . J~ ~"~-r.r,J, J 0 0 ~ ~ C- c;;l ~~ C A'1p % I ."om m:5;: ~"..-o + ""'c ~6 ~.'''' ""0 :;:~ ~8 ::J: ~o ca rn ;P;c. S ~ C1' ~ ~ -'~ir:. ~~::- .., >4'" 1 . , -~, ~~... :..~ ,-, SHERIFF'S RETURN - REGULAR CASE NO: 2001-00770 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARKET STREET MORTGAGE CORPORA VS BENDER MICHAEL L SHAWN HARRISON ". ,. """'" -'~',,.,.""~ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BENDER MICHAEL L was served upon the DEFENDANT , at 0008:22 HOURS, on the 23rd day of February, 2001 at 1333 ZIMMERMAN ROAD CARLISLE, PA 17013 RHONDA SLOUGH (GIRLFRIEND- by handing to AND CO-RESIDENT) a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.96 .00 10.00 .00 32.96 Sworn and Subscribed to before lL- me this ;U; - day of }u.t~ ;urvl A, D, a~ .-- P othonotary , ~ So Answers: r~~~t:~ R, Thomas Klin 02/26/2001 FEDERMAN & ... By: -- . . ~_=l-~m . - ''"''''''--...I,'' r .. . .' '. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MARKET STREET MORTGAGE CORPORATION Plaintiff, v, No.Ol-770-CIVIL MICHAEL L. BENDER Defendant(s). TQ THE DIRECTQR OF THE OFFICE QF THE PROTHQNOTARY: Issue writ of execution in the above matter: Amount Due $78,247.34 Interest from 3/29/01 TO 9/5/01 (per diem - $12,86) $2.057.60 and Costs TOTAL $80,304.94 trk 11 RANK FEDERMAN, ESQUIRE ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property, No, ~'~;;,~;"~JltllT-b -~Ul::li!"~jJj,.,~""'Mm-lrur:;''',"-,;,f",",~1..'''oP-~:;}'",.,j;f'~(i'''-,~!,i."a'.,,W~i",:!%j)_1i;l:Ai'_el'i"il'ti;;~,~~~~~~_li" '(<II :::', I I ~ . . .. " roo.;::l z OZ oo~ 0 ... ~ -<...< f;I;l ... f;I;l;;.. c ~ ~O "'<00 ~ U ..0 ~Z ~ ~'E' f;I;l~..., 0) Zz ... f;I;l ~ ~~S ~ ci Of;l;l ~Z ~ f;I;l = .~ '" ~~ 00 z roo. ~ .~ f;I;l~~ 0) ~ f;I;l 0.. = -< .n ~ . ~E::: = - O~ ... p.., .;If;l;l~ ~ 0 ... ... 0 ~~ .; .;l ~~ ... ...<~::3 S 0 UZ <B N roo.~ ~O > ...< ~~ '" ~ f;I;l ;>, ~~~ il 00 0) ...u ...~ -< ~~ a =N~ fJ' 000 = 0.... 0 U..., P.. E-< ~~ U roo. ~ ~ ....... 0) ~~ ~u ... f;I;l~ ~~u ~ 8~ ~ ~'-' ... en f;I;lf;l;l U '" ~ 0) == ~ .i;j .tJ ~~ 0) - ~ .~ ~ ~ ...u ""--, , ,~ ., - ~ ~ " ,~, ~ ,. "'~ ~~ _ l, .' li!lO_.fIll;<!J'" ~ ( ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: - .-- BEGINNING at a point in the center of the public road leading from Carlisle to Newville; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S, H, Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248,8 feet to a stake; thence still along lands now or formerly of S, H, Deitch, et ux, North 85 degrees 30 minutes. East, a distance of 100 feet to a stake at comer of land now or formerly of Eugenia M, Hurley (Lot 7); thence along said Lot No, 7, North 04 degrees 30 minutes West, a distance of 248,8 feet to a point in the center of the aforesaid public road, the place of BEGINNING, BEING Lot No, 8 on the Plan of Lots laid out and adopted by S, H, Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland, County Recorder's Qffice.in Plan Book No, 5, Page 43, BEING No, 2188 Newville Road. TAX PARCEL NUMBER: 46-18-1402-009 v TITLE T? SAID PREMISES IS VESTED IN ichae1 L. Bender by Deed from Michael L. Bender, smgleman, and Angela K. Baer, single woman a e and recorded 9/6/95 in Deed Book 127 Page 1183, , ';:~-;~'HLt~i'<ll-ili-.g;~l!OOUlJ<1I1!~l!tIlll}j;lU't~ ': ~.J~~~li;ilil:"~~liJ1:,."3,,;\,,-'j4jJ_4"~~Ul.~~'iJl!iili"~flf".lliIiill:I!'i-~.~\:~'"':1.,,1;"; ,.'< ). ........ ..... ..... ~ 6' ~ ,--<< .~ ~ ~{g. ~ g f-~ ~ ~ Q:!, , ... , "' ___,J. lJQ ...... () ~ --0 fT' ~ c \ ... , " "'"illlli"kd. '~,,-~J..'"~~;;:L-- --0 b <> ~ ~W/;:; ~ 1..,; ;'1 ~ ~ ~ I 1 ;:u ~~~ ~ ... ... , ^ () C ".. -0(.0 mrr! Z:-x) t:5~ -<L,. r:::C) '- ~C) =0 >c :z -' -< ,. ~, , ". 1 o o -n ::J:: ):no -< -n p ',.~m -Oy ~~~~ ~~ > ::x) -< I 00 "'" :JJ: \D +- '"""'_.~~"'~.. ~~b ~...""'"" ~----.~,.".__.... ~ - "" , ; ; . ~~~I;liI-""'<Ii~; . FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF , MARKET STREET MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL L. BENDER NO.Ol-770-CIVIL Defendant(s). CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is rnade subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, ~~ RANK FEDERMAN, ESQUIRE Attorney for Plaintiff , ~~-I i1lil~~@!il~>+f.W~;i:';$-';!&;:i!,!.lfEt~!lil;&li~",'!'f};_~'''''~E1!.f'f[j~k,:~W'''~j.,V.~,~&~,"~~l~"'''~~'~1I.' ~'I&~ '"~~,V" ~^. "","i>,,_~~ ,~ ,"'-~ ,"' -<,,~ _,,. ," >, ,~~,~_~. .-1"",. , ,~, , >-"Iiii@' -.III."""''''''''''' un ';:, . (') C) 0 C <'" " -Ow :It C!.ln:::: ~ Z"---n -< :D zf I f--- en '. 00 ;~~ -<~? !;:C );:r. :i>C -~ 2:' -',,", .~.~;:(') --0 Pc '!? '""rn C ~ ~ ~ :- ::u -< ~(j "e ~. ,__ . -. i - l<i~ #I., r ", rt' MARKET STREET MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL L. BENDER CIVIL DIVISION Defendant( s). NO.Ol-770-CIVIL AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No, 1) MARKET STREET MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2188 NEWVILLE ROAD, CARLISLE,P A 17013. 1. Name and address of Owner(s) orreputed Owner(s): NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,P A 17013 2, Name and address ofDefendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None "~~"- ,-, ,~, . " -. -, -.-~"" ".t......:J.I_~:.. .. to. 'f. 4. Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) , , SOVEREIGN BANK 525 LANCASTER AVE., 2ND FL. READING, PA 19610 5, Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None 7. Name and address of every other person whorn the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 2188 NEWVILLE ROAD CARLISLE,P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the staternents made in this affidavit are true and correct to the best of rny personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to unsworn falsification to authorities, ~~ FEDERMAN, ESQUIRE Attorney for Plaintiff Mav L 2001 DATE ,-.-.iJ~; ~~~~jK!t;Jl~jjt'\!i;:"",,,j2!j;-"':J1!&\~'!ilffik:!l~e'l:<~""WiJ>.1t1(6!iP.~" ""d~~;"l!i:>llt;,M-~,,;;~r,,"-i:U~.,t-'MW;~m.'- "~^,,~~......,,=..' ~,~,-- " "-~, .~. ~'''~^,~,' .~ .,,~ __~_~, ..l., -,'?_. .~-_ ---~ - -~""- -Xi$d,..Ji1I;;~"'il:<llf""'''''-"''"'''~' ~~r'~ __~~""_.~ ,. "~ () C) () c: s:: i1 -au; :J!: :'.:':1 rqr~~' ~ Z." -<: i;j:1Ff1 .7'1 Zr-- I (f)J> -"2] r:i2: CO -,,'1- ..._CJ ~2C) s: ~ iJ~ ZC) ::c j;;:2 2: lD Om -" :;:! C- );:>: .c- :::D -< - , '" ,=. -" "i 'I' , II 1 ~ ,- ,I I- ii ::l i 'I :1 II :1 :1 il ~ ~ ~ ... ;';' , ~~,--. # MARKET STREET MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No.Ol-770-CIVIL MICHAEL L. BENDER Defendant(s). May 1, 2001 TQ: MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGElN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2188 NEWVILLE ROAD, CARLISLE,PA 17013. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5. 2001 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by MARKET STREET MORTGAGE CORPORATION (the mortgagee) against you, If the Sheriffs sale is postponed, the property will be re1isted for the DECEMBER 5, 2001 Sheriffs Sale, NOTICE OF OWNER'S RIGHTS YQU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you rnust take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you rnust pay, you rnay call: (215) 563-7000. 2, You rnay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You rnay also be able to stop the sale through other legal proceedings. .'""' . , , -'oj] - ~- J. '" '~~<>'I"i<-,!,d,~, t "f{ ou may need an attorney to assert your rights, The SOoner you contact one, the more chance you will have of stopping the sale, (See notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you rnay call (717) 240-6390, 4, If the amount due fromthe Buyer is not paid to the Sheriff, you will rernain the owner of the property as if the sale never happened, 5, You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the rnoney bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 " .' -~~='~", J ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in the center of the public road leading from Carlisle to Newville; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S, H, Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248.8 feet to a stake; thence still along lands now or formerly of S, H. Deitch, et ux, North 85 degrees 30 minutes East, a distance of 100 feet to a. stake at corner of land now or formerly of EugeniaM, Hurley (Lot 7); thence along said Lot No, 7, North 04 degrees 30 rninutes West, a distance of 248,8 feet to a point in the center of the aforesaid public road, the place of BEGINNING, BEING Lot No, 8 on the Plan of Lots laid out and adopted by S. H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland County Recorder's Qffice in Plan Book No.5, Page 43, BEING No, 2188 Newville Road. TAX PARCEL NUMBER: 46-18-1402-009 v TITLE T? SAID PREMISES IS VESTED IN ichae1 1. Bender by Deed from Michael L Bender, smgleman, and Angela K. Baer, single woman e and recorded 9/6/95 in Deed Book 127 Page 1183. ~t'.~ti'0bli!'~2ijj,~'>.\!i"~',d;"i\i.~li\1;j&';"'-'"#J>"~~'~"1i1!:j"\('>ih_'-H"'''''''tl''';l,j""'I&~;':;h''';-\<''~li:fu'j,-i<,'d,,I!'.-w.iiJ.~~~~~~~~~ ~~~~ _.~~~~ \ () C) 0 C -a$:: -q 0.... :!!: rnn-'~ );;:t. ~pi -< ;;,] :rJ I ,- (/) ~J:;." CO ~~;ES ~6 "~:(~ ;?'';::c ~ ::-.:1c=;::. -',,,.. (2i;~ ;;:l~ ...J" c: If? Ofn 2: -J =< ::- ?b ..,.. -< ~ ~~ . - ' , , ~-~-- -,.., ,",- .- ".n , STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________~________________________Ilecorderof Deeds in and for said County and State do 'hereby cenify that the Sherifrs Deed in which ________________ ________~~~~J:~!_~_~~_~_~~~_~~~_9~_~~_____________________________________________ u the grantee the same having been sold to said grantee on the ____~.!'!:._______________________________________ day of September' . 01 .. .. __u_______________________h___________ A. D., : _h__' under and by vlnue of a wnL_____________ 8th Execution . ________________ _______ __________ ___ __ ___ _______ ISSUed on the ________________ __ ____ ____ h _h_ __ ___ day of ____~!'1___________________ A. D., 0 =____, out of the Court of Comman Pleas of said County'as of 01 Civil ----------------------- -------,.. ------- ________ - - --_______ _______ ______ ____ _______ Tenn, : , 770 Market Street Mtg Corp Number ______________, at the suit of _______________________________________________________________ Michael L Bender ________________________________~__against------------_______________________________________. ~ 248 4051 duly recorded in Sherifr. Deed Book No. __h___~____, Page ____h______. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ---_11____ day of ____~_______________ A. D., :z ~_9_C --~--~---~-{=J;,;tyn;~ ~ of lleeds. Cumberland CountY. Cartislt. PA MyCommisSiOll E~pires l\le First Mondat of Jan. 200t - <= " ~ " Market Street Mortgage Corporation VS Michael L. Bender .'"_"! _'nO --,,"-,,--, ili!l!"'i"IJ,F,~_,;ffi;;t In the Court of Connnon Pleas of Cumberland, County, Pennsylvania No, 2001- 770 Civil Timothy Reitz, Deputy Sheriff, who being du1y sworn according to law, says on May 14,2001 at 3:36 o'clock PM EDST, he served a true copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Michael L. Bender, by making known unto Michael Bender at 1333 Zinnnerman Road Carlisle, Cumberland County, Pennsylvania, its contents and at the same time hfl1lding to him personally the said true and attested copies of the same. Bryail Ward, Deputy Sheriff, who being du1y sworn according to law, states on July 10,2001 at 3:11 o'clock P,M" EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Michael L. Bender located at 2188 Newville Road, Carlisle, Cumberland County, PA 17013, according to law, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Michael L. Bender, at his last known address of 1333 Zinnnerman Road, Carlisle, P A 17013, This letter was mailed under the date of Ju1y 11, 2001 and never returned to the Sheriff's Qffice, R. Thomas Kline, Sheriff, who being du1y sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public Venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M" E,D,S,T, He sold the same for the sum of $75,000,00 to Attorney Dale Shughart (for Attorney Frank Federman) for Federal Home Loan Mortgage Corporation, It being highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P,Q, Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid SheriffR. Thomas Kline the sum of $2,397,92, Sheriff's Costs: Docketing $ Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News 30.00 1500.00 15.00 15.00 30,00 10,00 ,50 1.00 7,65 4.27 15.00 20.00 265,40 206,94 ""'- "_~""n k I, -ia.,.~''''Mo<~,-,;.j-, " Share of Bills Distribution of Proceeds Sheriff's Deed 25.66 25,00 26,50 $2,197,92 paid by attorney 10-05-01 Sworn and subscribed to before me ''':; Sr~~~~~ This 3/Ak day of (J~ 2001, A.D,stt. Q lhJI,~ ,~ Prot 0 otary R. Thomas Kline, Sheriff BY Otvd, h \D/JA.+-4/\ ~ oP'--~ 3D, rri> {, ~--v CIu Jl/3' I /?.....-,1J~319 - '" ~ "- . ; - - _~'eS; :), . ~ ' ) . '- . ,'-/ ."~ WRIT:OF.1;~~UTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF NO, 01-770 CIVILlA} TERM CIVIL ACTION - LAW - r'l1;:nb~rl ~nr1 COUNTY: ,;:J() satisfy the debt, interest and costs due Market Street Mortgage Corporation PLAINTIFF(S) from Michael L. Bender, 1313 zimmerman Road, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Leqal 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: "I ,'~'~': :;~(...'; and to notay the garnishee(s) that: (aMt'\Q,attacrmllnt has been issued; (b) the garnishee(sjiSYareAitnjoined from paying any debt to or for the account of the defSrii:1iinl(s) aM 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 attachmerii is found in the possession of anyone other than a named garnishee, you are dile9te~:I.t() notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, , , LL Due Prothy Other Costs $.50 Amount Due $78,247.34 from 3/29/01 to 9/5/01 Interest (per diem $12 86) $2,(V;? fiO Atty's Comm % $LOO Ally Paid Plaintiff Paid $t04.96 Date: May 8. 2001 Curtis R. LDng Prothonotary, Civil Division ---.llv : 4"~D' P 71;~~ I Deputy REQUESTING PARTY: Name Frank Fede:rman, Esq. Address: One Penn Center at Suburban Station Suite 1400 I ' i d ii' I'A 19103 I'.-,- Ct eo p dEl, Allorney lor: Plaintiff Telephone: 215-563-7000 Supreme Court ID No, 12248 ;~t~-:--~~"imf~t~;;i;~;;,OW<iW&l""'C[J,i!"iid[~1j."~htf"~;;;~ifi1;,,"",'l,:'''''''",''';cb:_"!;i,_~''"~..h_"",,,d,,~"~j'~llt\tfiiEliliii''ljilijl!MI'-;@1&liH!!'-Jt4,~~jl'ilOO;ii!;liII''''''' ' .~~lw.i~d ~ 1I!f:jj' '" -.......... ;,"! REAL ESTATE SALE N(J~ 13 ~ ;Jj ~ .';'- Jii Pl ~ II, dloo/ me snenn levleo upon the oetendalL. Interest in the real property situated in W..t.oi. p~ T~ CUmberland County, Pa" known and numbered as: d'881~ Rd. Co". tile. and more fully described on exhibit "A" fII8d with, this writ and by this reference Incorporated her8In. IIaIo: ff."'J ",iJ.bO, By: ~~ c,~~j.j IlL,' '1 ~\~"l ,\ '., v , -C',' , 16 }.~'t\ II I (j(. ~ ,~ \(\, \,,<:1 . ,,,\,\,1,,, \l ""'~~I~'" ..~\\,\~~ '.ll\~ 1() " j~I\\?> " . - ,O~"~_~' ~ ~ c-''-, SCHEDULE OF DISTRIBUTION SALENQ,13 Writ No, 2001-770 Civil Term Market Street Mortgage Corporation VS Michael L. Bender Date of Sale: Buyer: Bid Price: September 05, 2001 Federal Home Loan Mortgage Corporation $75,000,00 Real Debt Interest Attorney writ costs $78,247.34 2,057,60 104,96 Total $80,409,90 Distribution Amount Collected Legal Search Sheriff s Costs $2,397.92 200,00 2,197.92 so~: ~ ~~~.~ . R. Thomas Kline, Sherif[ i "" .;~J'".," " .c', '"_,' (I' ~ =o~~'_,,; Filed Qctober 5, 2001 - ~. ,I ,_ U, l-,~ -, .'. r&"L" , , TITLE REPORT THE PREMISES ENDORSED HEREQN ARE SUBJECT TO THE FQLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED, SHERIFF SALE NO. 13 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the year 1998 to 2000 inclusive, Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable, MECHANICS' AND Possible unfi1ed Mechanics Liens and Municipal Claims, MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below, JUDGMENTS: Listed Under Other Exceptions Below, INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriffto dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Michael L. Bender, single rnan and Andrea K. Baer, single woman by deed dated September 6, 1995 and recorded September 11, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania in Deed Book 127, Page 1183 granted and conveyed to Michael L. Bender. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing ofthis title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner, 3, Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4, Payment of State and local Real Estate Transfer Taxes, if required. 5, Public and private rights in the roadbed of the road leading from Carlisle to Newville, known as the Newville Road. 6, Conditions, easements and restrictions shown on or set forth on the S,H, and Viola C, Deitch Plan of Lots in West Hill, Pennsylvania, recorded in Plan Book 5, Page 43, 7, Mortgage in the amount of $73,700.00 given by Michael L Bender to York Federal , Savings and Loan Association dated September 6, 1995 recorded September 11, 1995 In Mortgage Book 1281, Page 381. Assigned to Market Street Mortgage Corporation by . ,.1, u ~, -<;)1' Wi.' ., instrument recorded in Miscellaneous Record Book 541, Page 1044. Further assigned to Mortgage Electronic Registration Systems, Inc, as nominee for Alliance Mortgage Company by instrument recorded in Miscellaneous Record Book 679, Page 3895, Complaint in Mortgage Foreclosure filed by Market Street Mortgage Corporation as Plaintiff against Michael L. Bender as Defendant in the Office of the Prothonatary of Cumberland County to file number 2001-770. Default judgment in the amount of $78,247.34 entered March 29,2001. 8, Mortgage in the amount of $24,000.00 given by Michael L. Bender to Equity One, Incorporated dated June 23, 2000 recorded July 10,2000 in Mortgage Book 1624, Page 660. Assigned to Sovereign Bank by instrument recorded in Miscellaneous Record Book 648, Page 870, 9, Building conditions and easements as set forth in deed of Anna E, Heishman, et al recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book "A," Volume 14, Page 507 and as shown in instruments recorded in Miscellaneous Record Book 74, Page 389 and 74, Page 391. 10, Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 97, Page 533, 11, Rights granted to Cumberland Railroad by instrument recorded in Miscellaneous Record Book 29, Page 27, 12. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale, 13, Satisfactory evidence to be produced that Market Street Mortgage Corporation is appropriate party to bring the subject Sheriff Sale after its assignment of mortgage to Electronic Registration Systems, Inc" as nominee for Alliance Mortgage Company, 14, Satisfactory evidence to be produced that advertisement of sale is sufficient without reference to improvements on premises, Real estate taxes accruing on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or bind' g until countersigned by an authorized signatory, ,,- "~ - e-_ ., REAL ESTATE SALE NO, 13 V WIit No. 2001-770 Civil Market Street Mortgage Corporation v.. Michael L. Bender Atty.: Frank Federman ALL that following described lot of ground situate. lying.. and being in West Pennsboro Town"'ship. Coun- ty of Cumberland. Commonwealth of Pennsylvania. bounded and lim- ited as follows. to wit: BEGINNING at a point in the cen- ter of the public road leading from Carlisle to NeWVille; thence by the center of said public road South 85 degrees 30 minutes West. 1 00 feet to a point; thence along lands now or formerly of S, H, Deitch, et ux, South 04 degrees 30 minutes East, a dJstance of 248,8 feet to a stake; thence still along lands now or for- merly of S, H, Deitch, et ux, North 85 degrees SO minutes East, a dis- tance of 100 feet to a stake at cor- ner of land now or formerly' of Eugenia M. Hurley (Lot 7): thence along said Lot No, 7. North 04 de- grees 30 minutes West, a distance of 248,8 feet to a point in the cen- ter of the aforesaid public road. the place of BEGINNING, BEING Lot No, 8 on the Plan of Lots laid out and adopted by S. H, Deitch and VIola Catherine Deitch. his wife. and recorded in the Cumberland County Recorder's Of- llce In Plan Book No.5. Page 43. BEING No, 2188 Newville Road. TAX PARCEL NUMBER: 46-18- 1402-009, TITLE TO'SAID PREMISES IS VESTED IN Michael L, Bender by Deed from Michael L. Bender. single man, and Angela K. Baer, single woman dated 9/6/95 and recorded 9/6/95 in Deed Book 127 Page 1183, .~ ;, ~ " ,,- ilWr~ -.- --,.. ~~ '''';'w.' _ ~ " "' ~ Ait~] j' , , 4.1ARKET STREET MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MICHAEL L. BENDER CIVIL DIVISION Defendant(s). NO.01-770-CIVIL AFFIDAVIT PURSUANT TQ RULE 3129 (Affidavit No, 1) MARKET STREET MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Executionwas filed the following information concerning the real property located at 2188 NEWVILLE ROAD, CARLISLE,P A 17013. 1. Name and address of Qwner(s) or reputed Owner(s): NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,P A 17013 2, Name and address ofDefendant(s) in the judgment: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Same as above 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) None <,.- - ~'....~ =~- '~, , . ~ , ''''1:I!II\I;I:\,~!!l!;'''@,;('''' " 14, Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) SOVEREIGN BANK 525 LANCASTER AVE., 2ND FL. READING, PA 19610 5, Name and address of every other person who has any record lien on the property: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 6, Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None 7, Name and address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNQWN ADDRESS (If address cannot be reasonably ascertained, please so indicate,) Tenant/Occupant 2188 NEWVILLE ROAD CARLISLE,P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 of18 Pa. C,S. Sec, 4904 relating to unsworn falsification to authorities, Mav L 2001 0-- vvvk.. ~ DATE "'~FEDERMAN,~ Attorney for Plaintiff =h ," =,". ~ . ~M - .' L - _,-/~- " ' . M~1; STREET MORTGAGE CORPOR4. TION , Plaintiff, CUMBERLAND COUNTY v, No.01-770-CIVIL MICHAEL L. BENDER Defendant(s). May 1, 2001 TO: MICHAEL L. BENDER 1313 ZIMMERMAN RQAD CARLISLE,PA 17013 **THIS FIRM IS A DEBT COLLECTOR A TTEMPTlNG TO COLLECT A DEBT AND ANY INFORMATION OBTAlNED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,.* Your house (real estate) at 2188 NEWVILLE ROAD, CARLISLE,PA 17013, is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 5, 2001 at 10:00 a,m. in the Curnber1and County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment obtained by MARKET STREET MORTGAGE CORPORATION (thernortgagee) against you, If the Sheriffs sale is postponed, the property will be re1isted for the DECEMBER 5,2001 Sheriffs Sale, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call: (215) 563-7000. 2, You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered, You may also ask the Court to postpone the sale for good cause, 3, You may also be able to stop the sale through other legal proceedings, . ~"~%' ",0, II...., -'~""""',..".,...,.,..".. - . , "" -"-- ~~~W' . ' , ^ You may need an attorney to assert 'your rights, The sooner you contact one, the more chance you'will have of stopping the sale, (See ,notice on page two on how to obtain an attorney,) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2, You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3, The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale, To find out if this has happened, you may call (717) 240-6390, 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have the right to rernain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale, This schedule will state who will be receiving that money, The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed, 7, You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-91 08 -J~ . " " .. -h, --I,: i;1~, , . . .- ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cum~rland~Commonwea1th of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in the center of the public road leading frorn Carlisle to Newville; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S. H, Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248,8 feet to a stake; thence still along lands now or formerly of S, H, Deitch, et ux, North 85 degrees 30 minutes East, a distance of 100 feet to a stake at corner of land now or formerly of Eugenia M, Hurley (Lot 7); thence along said Lot No, 7, North 04 degrees 30 rninutes West, a distance of 248.8 feet to a point in the center of the aforesaid public road, the place of BEGINNING. BEING Lot No, 8 on the Plan of Lots laid out and adopted by S, H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland County Recorder's Qffice in Plan Book No, 5, Page 43, BEING No, 2188 Newville Road, TAX PARCEL NUMBER: 46-18-1402-009 v TITLE T? SAID PREMISES IS VESTED IN ichae1 L. Bender by Deed from Michael L. Bender, smg1eman, and Angela K. Baer, single woman e I and recorded 9/6/95 in Deed Book 127 Page 1183, ~ , ~... " . " . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James l. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co" a corporation organized and existing under the laws 01 the Commonweaith 01 Pennsylvania, with its principal office and place 01 business at 812 10 818 Market Street, in the City 01 Harrisburg, County 01 Dauphin, Stata of Pennsylvania, owner and publisher 01 IbJl. Patriot-News and The Sundav Patriot-News newspapers 01 general circuiation, printed and published at 812 to 818 Market Street, in the City, County and State aloresaid; 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 daiiy andlor Sundayl Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001, That neither he nor said Company is interested in the subject matter 01 said printed notice or advertising, and that all 01 the allegations 01 this statement as to the time, place and character of publication are true; and That he has personal knowledge 01 the lacts aloresaid and is duly authorized and empowered to verily this statement on behall 01 The Patriot-News Co, aloresaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board 01 directors 01 the said Company and subsequently duiy recorded in the office lor the Recording 01 Deeds in and lor said County 01 Dauph'n in ~scellaneous Book "M", Volume 14, Page 317, ( '1 PUB~g:~ION ~...........,..,..,..~:~ ~~..~'~;~';..,;';~ "~;'~'~~;Z:-~g;;}?o~;";:~. S ALE #13 T~~~~, / nV)"/.,(4-- ~ SALE N 13 .~ CommIssion Expk4. June ~ J REAL Eo,ATE 0, '.', ~ . ' NOli'/' Y PUBLIC Writ No. 2001-770 Member PennsylVania AssocaatlOn of NotariK '- elvilTerm ' My commission expires June 6, 2002 Market Street Mortgage Corp. 'liS , hfllchae1L Dender p:ly: .,r;:I,...,.'t Federman OEsCAI!'TlPN ~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COUffiHOUSE CARLISLE, PA. 17013 . ALLj.lii, 'fblloi>.'ing 'dcsuibcd lot of grmllld Sil\:iat.";,-: ',!Yl,ng and l'oeing to W~~t ftcnnsboro T6'\i.';~s'bip, County or Cumberland, CQiimonwealln of Pennsylvania, bounded a11d 1j.lllted as roIlow~, to wi!: . "'"BEGINNING ai a point in the l..'Cntcr of the I public rpau It:ading from. Carli~le 1O Newvilk: thence by the center of said public road South 85 degrees,30 minutes West, 100 feet EO a point; thence alon!! land~ now or ibrmcrlv--- of S. H. Deitch, et UX, 50Ulo_04 degrees 30 mlnuic~ E~;;t, It dista,ii'ce- of 24l:l8 I~et to a slak~; fhcm:c ~lill a.loTlg..1.~nds n'ow or Formerly of S, H, Deitch, d ., . ux"N.ortb85degrcesJOminutes.F.as(.~di5tan(C Publisher s Receipt for Advertising Cost of I(X) feet to a stake .u comer of land now or, ., . formerly of Eugenia M; Hurlty iLot 7); thence publIsher of The Patnot-News and The Sundav PatnotHNews, newspapers of general c '?l?ng::'sa'id Lot ~o. 7, North 04 degrees :~O receipt of the aforesaid notice and publication costs and certifies that the same have minutes, West, a distance of 248.8 feet to a pomt in the center of the aforesaid public fl)~d, the- place ofBEG1NNING. BEINGtot No.8 un the Plan of LO!!> laid out and 3dopted' by S. H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberlanu Courtty'Recorder':i OftlCL". in Plan Book No.5. Pagi 43, BElKG No. 218S Newville Road. TAX PARCEL NUMBER: .f6-18.1402-00lJ, TITLE TO SAlD PREMISES lS vc:>ted in Michael L Bender by Decd from Michael' L , Bcndc~, ,single Inan. and An,ge1a K. Bacr. single lAioman;-datt'd 9/6/95 and recorded 9/6195 in Deed BOok }]7 P:Jge I J!U. Statement of Advertising Costs To THE PATRiOT-NEWS CO" Dr, For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 205.44 1.50 206,94 By......,...........,............................,.................... .-.--------'----.--' II!!!!!!- IWL ~, , ~ L \, ;cJl!,II.L"c_ REAL l!sIJ!_,~ 1l0, 13 Writ No, 2001-770 Civil Market Street Mortgage Corporation V$, Michael L. Bender Atly.: Frank Fedennan ALL that following described lot of ground situate, lying and being in West ,Pennsboro TownsWp, COWl- ty of Cumberland, Commonwealth of Pennsylvania, bounded and lim- ited as follows, to wit: BEGINNING at a point in the cen- ter of the public road leading from Carlisle to Newville; thence by the center of said public road South 85 degrees 30 mlnutes West, 100 feet to a point; thence along lands now or formerly of S. H. Deitch, et - UK, South 04 degrees 30 minutes East, a distance of 248.8 feet to a stake; thence still along lands now or for- merly of S, H. Deitch, et ux, North 85 degrees 30 minutes East. a dis- tance of 100 feet to a stake at cor- ner of land now or formerly of Eugenia M, Hurley (Lot 7]; thence along said Lot No.7, North 04 de- grees 30 minutes West. a distance of 248.8 feet to a point in the cen- ter of the aforesaid public road. the place of BEGINNING. BEING Lot No, 8 on the Plan of Lots laid out and adopted by S. H. Deitch and Viola Catherine Deitch. his wife, and recorded in the Cumberland COWlty Recorder's Of- fice in Plan Book No.5. Page 43. BEING No. 2188 Newville Road. TAX PARCEL NUMBER: 46-18- 1402-009, TITLE TO SAID PREMISES IS VESTED IN Michael L. Bender by Deed from Michael L. Bender, single man. and Angela K. Baer. single woman dated 9/6/95 and recorded 9/6/95 In Deed Book 127 Page 1183. ~ ~' ~ L.;.;. . ~ n-" ... ~- .-, '.-,. " _1 , ~' --'" '.ti,J"""-" -' .' 0' " ' - I!!'gi-M--- . ...." ..... . . , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16,1929), P, L.1784 STATE OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the 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, VlZ: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this staternent 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, ~l Roger , Morgentha1, Editor -, SWQRN TQ AND SUBSCRIBED before me this 3 day of AUGUST. 2001 ~~~/~. ,~dL~ .0 NOtARIAL"sk "5 , C~s:roeR, NC?faIy PublIc My Commis&ioil ~ County. o 0 ~- Maroh 5, 2005