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Home My WebLink About01-2205 FX , ",", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintift: vs. KAY B. HESS, Defendant. TO DEFENDANT(s) YOU ARB HEREBY NOTIFIED TO PLEAD TO THE END..OSED COMPLAINT WITIDN TWENTY (20) DAYS FROM SER CE HEREOF 0 A DEFAULT JUDGMENT ATI I HEREBY CERTIFY THAT THE ADDRESS OF TIIE PLAINTIFF IS: 11350~ckRd,Suite200 HuntvaUey.MD 21031 AND 1lIE DEFENDANT(S), 145 Fairview Road Carlisle, P 0 ATIORNE ;,r, ",."n'''_'''~"<<'A'''_~>:<;",,?'''_ f,,-''-' ,-,^.,,",,_,?,,,"_'>:"'_!I,,K,l " ,_'~,_~. - ~ _ _ ~, '" CIVIL DMSION NO,: 01- ;);).oJ" c.,C, 1 TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "1,_.,_ ,..,._ _00"__. - ",.<,>',"_, ,,'0 , , , ...,-. , IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: vs. KAY B. HESS, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint 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 fuil 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 ", c . '-''',":_,,-''''''''o'''''~':'fY' ".",~"'., '._,~_'0 _'.1 _~. ,"?-',~-__ _,__,.y_~_ _,___~ ." .e',___,_ _ _"I ~__,". . '"'._ p."... _ '''.",'_',0 " . .0' -- . 1 EASTERN SAVINGS BANK, FSB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff, NO.: vs. KAY B. HESS, Defendant. A VISO USTED HA smo DEMONDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y A visa radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted fulla de tamar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclllmllda en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENfE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A V AYA A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 1'~ ~"' , ~', ~;"', ~, ~o"',_1 -,~ -~""-- ,,-,-,,-~.<< C>, ,'>' -"-1--"" " ',- ,-1 _,J , , ,- 1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION NO.: 0/- .2..260 ~ -;~ EASTERN SAVINGS BANK, FSB, vs. KAY B. HESS, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of business at 11350 McCormick Road, Suite 200, Hnnt Valley, Maryland 21031. 2. The Defendant, Kay B. Hess, is an adult individual whose last known address is 145 Fairview Drive, Carlisle, Pennsylvania 17013. 3. On or about Apri120, 1998, Defendant executed a Note in favor of Plaintiff in the original principal amount of $50,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about Apri120, 1998, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $50,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 24, 1998, in Mortgage Book Volume 1448, Page 408. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. ~ -' -"";"Y":\ij'; '~~--!i^-~-'- -,,~ - <",- ": ,:""'-c-.,, ,,_-,"rl___><"~__~-"'__ ,,. '-",'" :> " ,,' -,-~-,-"-,_ <, ,. - -'-. - --, ~ -,-~" _ --,',:--l"' _ ~,- '. ~ " 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms ofthe aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about February 16, 2001, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of1974, 41 P.S. SIOl, et seq. A true and correct copy of said Notice is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 4/12/01 Late Charges Bank Fees Attorney's Fees Title Search and Costs $49,221.88 $ 3,960.90 $ 130.36 $ 40.00 $ 1,100.00 $ 2.500.00 TOTAL $56,953.14 plus interest on the principal sum ($49,221.88) from April 21, 2001, at the rate of $21.18 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 D.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s ) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant( s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, -'.". _~ _. ,_"" c_,_. " "''1:,>:,-. - '-.'-_"C.7"_'~"'~'_,r." -~,. TH"-_,,-' '-1-" '.,/~",-. ,.---~,. Counsel for Plaintiff will send Defendant( s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$56,953.14, with interest thereon at the rate of $21.18 per diem from April 21, 2001 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale ofthe mortgaged premises. BY: Scott A. D ett Attorneys for aintiff P A !.D. # 55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 CONNELLY LLP THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~I ,'>, - ~, -, - "",, , l' " " r- ' -'. . ,"-'" ,<. -,- ,,-~.,-,,-" -. ^' 89~30 NOTE 04/20/98 Date Mechanicsburg Ciry Pennsyl vani a S<are 145 FAIRVIEW DRIVE, Proptrry Addre$$ Carlisle Ciry PA S<are 17013 Zip Cede 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 50,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Eastern Savings Bank, fsb, Executive Plaza n, Suite 200, 11350 McCormick Road, Hunt Valley, MD 21031. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder" . 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rateof 15.490 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will malc:e my monthly payments on the 24th day of each month beginning on May 24 1998 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied first to interest computed to the date of payment, then to principal, and then to accrued late charges. If, on Apri l 24 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." Ifl fail to pay this Note in full on or before the maturity date, I will pay interest from and after the maturity date upon the unpaid principal balance at the rate of interest prevailing under this Note. Lender, at its option, may declare any remaining indebtedness immediately due and payable Five (5) years after the date of this loan or annually thereafter on the anniversary of that date. I will ma.lI:e my monthly payments at Eastern Savings Bank, fsb, Executive Plaza IT, Suite 200, 11350 McCormick Road, Hunt Valley, MD 21031 or ata different place if required by the Note Holder. (B) Amonnt of Monthly Payments My monthly payments will be in the amount of U.S. $ 651.86 4. BORROWER'S RIGHT TO PREPAY Subject to the terms of this paragraph, I have the right to make payments of principal at any time before they are due. A payment of principal only is kJtown as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. A prepltyment of only part of the unpaid principal is known as a "partial prepayment." If I make a full or a partial prepayment prior to the third anniversary of the date of this Note, I must pay a prepayment premium, The premium will be 3.00 % of the prepaid priI1cipal during the first year, 2.00% oftbe prepaid principal during the second year, and 1.00% of the prepaid principal during tbe third year. Beginning three years from the date of this Note and continuing for the remainder of the Note term, I may prepay the Note in whole or in part with no prepayment premium or penalty. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, -which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collet:ted or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded p~rmitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduced principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late: Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 ~endar days after the date it is due, I will pay II. late charge to the Note Holder. .The amount of the charge will be 5 % of my overdue payment of principal and interest. I will pay this late charge promptly, but only once on each late payment. (B) Default If! do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notic.e of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me, . (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if! am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. Reasonable attorney's fees shall include fees expended in bankruptcy proceedings filed on behalf of or against me. (F) NSF Charges Lender IllilY charge a fee of $15.00 if a check submitted by the borrower is dishonored on the second presentment. ESB Prepaid Multlstale Form 3200 10/97 1ST. Mortgage Note Initialsf<B f.+ 1I2 mulliJ,pclt/2 :'^,,' ~ ,. I ,~-~.~ -"<" ~ ~_!IIIIIIlIIi'III ~ -,~. ~ ~' 89030 , 7. GIVING OF NOTICES Any notice th~t must be given to me under this Note Win be given by delivering it or by mailing it by first class mail to me at the Property Addres's above. A notice will be delivered. or mailed to me at a different address if! give the Note Holder a notice of my different add~. Any notice that must be given to the Note Holder under this Note will be given by mailing it. by first class mail to the Note Holder at the address :!!tated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER TIDS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in tbis Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts dUe. "Notice of dishonor" means the right to require the Note Holder tq give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Securil)1 Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as foUows: Transfer of the Property or a Beneficial mleresl 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. This notice shall provide a period of not,less than 30 days from the date the notice is delivered or mailed within wbich Borrower must pay all sums secured by tMs Secnrity Instrument. If aorrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitte<l by this Security Instrument without further notice or demand on Borrower. II. APPLICABLE IlA W ' This Note shrl be governed by the provisions of Subtitle 10 of Article 12 of the Commerciall.aw Article of the Annotated Code of Maryland, as amended from time to time, and by federal law . WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. CJJIJJUM f) Yif KAY~H~ B.~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower {Sign Original Only] ESB Prepaid Multillt8le Form 3200 lOf97 1ST. MortgageNole 2/2 multi_2a.pcl .'," . ,.,.,...,., , "--, ~ \ ~ q'6!3. f: tl1..0 B9~30tj Uniform Parcel Identitication i<,~!:.~':i~. ZirGLU{ ";:cO':,D,P OF DELOS !.'M2-ERLt\NO COUNT~'- fit.. Return to: EFSjMechanicsburg 4720 old Gettysburg Road Suite 209 Mechanicsburg, PA 17055 ~{ '98 API! 2'1 PI'l12 50 Parcel Number: [Space Above This Line For Recording Data] MORTGAGE TIllS MORTGAGE ("Security Instrument") is given on this 20th day of April, 1998 KAY B. HESS . The mortgagor is CBorrower"). This Security Instrument is given to Eastern Savings Bank, fsb which is organized and existing under the laws of The uni ted States of America . and whose add~sis 11350 McCormick Road, Ste. 200, Hunt Valley, MD 21031 ("Lender"). Borrower owes Lender the principal sum of Fifty Thousand and 00/100. Dollars (U,S, $50,000.00 ), 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 April 24, 2028 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: SEE EXHIBIT "An A'ITACHED HERETO AND MADE A PART HEREOF. which has the address of 145 FAIRVIEW DRIVE, Carlisle Pennsylvania 17013 [Zip Code] ("Property Address"); PENNSYLVANIA.Single Family.FNMAIFHLMC ~ UNIFORM INSTRUMENT Form 3039 9/90 ....<!I.6R{PAI (9410).O3 Amend-K Ji{91 Paue 1 of 6 In111818: l5 \:\ VMP MORTGAGE FORMS. (800)621-7291 [Slreet,Cityj. 1111I11I111111111111111111111111111 .Bod448 PACEA08 I' l( . ~,""""""" -, '" . . 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 Instrume:nt. All of the foregoing is referred to in this Security Instnurieni as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed an~ 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 groul1d rents on tbe 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 lDortgage 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 D.S.C. Section 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 othelWise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (includiJlg 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 appliqable 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. Borrow~r 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 whicb each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If Jhe Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the ~xcess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is 110t 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 Inonthly 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 p~rson 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 enforce-rnent of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to , t~s Secu~ty Instrument. If Lender de~nnines that any part of the Property is subject to a lien which may attain priority over this SecMty Instrument, Lender may glVe 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. lioriK1448 PAGE 0409 G..-6RIPAJ (94101.03 Pt<I!ll2of6 ,"".,,,-KBIi Form 3039 9190 ,-. "~ "",,' 1 ~ 5: HlUlU'd 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 S\lbject to Lender's approval which shalt 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 premillms 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 othe1Wise agree in writing, insurance proceeds shall be applied to restoration or repair of the ,Property dlUIUlged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds 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 tbe due date of the monthly payments referred to in paragmphs 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 tbe 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 tbe ProperlY, allow the Property to deteriorate, or commit waste on tbe Property. Borrower shall be in default if any forfeiture action or proceecling, 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 8. default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed. with a mling that, in Under'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 tbe 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 wbatever 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 tbe date of W!.lbursement at the Note rate and shall be payable, with interest, upon notice front Lender to Borrower requesting payment. 8. Mllrtgage 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 tbe mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantialty equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelftb. of the yearly mortgage insurance premium being paid by Borrower when the insurance covemge lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve G,,-6RIPA! (9410).03 p",,, ""BOoK! 448 PIG[ ,410 '"".,"~ \-\ Form 3039 9/90 ;e, lr - ~I ,~ . . ~'payme~ts 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. Bortower 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 applicabl~ 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 inspeetion 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, Of 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 fair market value of the Properly 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 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Exten~ion of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or 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 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 ob1i~ted to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the Joan secured by this Securi1;}' Instrument is subject to a law which sets maximum loan charges, and that Jaw is fmally 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 roaking 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 he given by first class mail to Lender's address stated berein 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 t~e 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. G..-6R(PAI (94101.03 BOOk 1448 PAGE. .4tr ,"",.,,,J{fil+ Form 3039 9/90 P"g" 4 of II I"~", f""""l - ,-- ~- .".-" I'"""~ . . 1! 17. Transfer of the Property or a Beneficial Interest in Borrower. If aU or any part of ~e Property or any intercs.t in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower 18 not a natural person) wltho:'"t Lender's prior written consent, ~d~r may. at its option! require imme:diate p~y~ent in, ~1l of all sums secured by this Security Instrument. However. this optiOn shall not be exercised by Lender If exercise 18 prohibIted QY 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 nC?t 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. 18. 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 oth:r pe~od ~ applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained m 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 Instnunent, 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 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. Tbe notice will also contain any other infonnation 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 Environmentall.aw. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous subsbmces 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, "Enviroqmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON~UNlFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall gin notice to Rommel' prior to acceleration following EonOWel"S breach of any covenant or agreement in this Security Instnunent (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 SlUllS secured by this Security Instnnnent, foreclosure by judicial proceeding and sale of the Property. Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. H the default is not cured as specified, Lender, at its option, may require immediate payment in full of all SlUIlS 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 pennitted by applicable law. 22. Release. Upon payment of aU sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. W~vers. ~rrower. to the extent permit!ed by applicable law, waives and releases any error or defects in proceedings to enf~rce thi~ Secunty In~trument, and hereby W8J.ves the benefit of any present or future laws providing for stay of execution, extenSiOn of tune. exemptlOn from attachment, levy and sale, and homestead exemption. 24. Reinsta~~t Period. ~orrower's time to reinstate provid~ in paragraph 18 shall extend 'to one hour prior to the commencement of blddmg at a shenff's 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. ~terest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. ,"".",JsJ3l-\ Form 3039 9/90 ......6RIPAI (94101.03 '..' ,.", P~'i1~ I; of 6 " Bod 448 PAGE .412 ~. !' ~" "",,~ "~ . " 27. Riders to this Security Instnnnent. 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)] o Adjustable Rate Rider D Graduated Payment Rider o Balloon Rider DVARider D Condominium Rider D Planned Unit Development Rider D Rate Improvement Rider D Other(s) [specilY] D l-4 Family Rider o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to tbe terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~ a X!w; KAy~~s6. ~ (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower Certificate of Residence I, fYleI/05o. the within-named Mortgagee is A (;u l' 11350 McCormiCk , do hereby certify that the correct address of Road, Ste. 200, Hunt Valley, MD 21031 Witness my hand this 20th day of April ,1998. lJrl~ S/k;:"'",OfMortg.g~ County ss: COMMONWEALTH OF PENNSYLVANIA, On this, the 20th day of personally appeared KAY B. HESS , 1998 , before me, the undersigned officer, April known to me (or satisfactorily proven),to. Pf', the person whose name is subscribed to the within instrument and acknowledged that he . . .....'.... '.';~. '.'H. 1.;-. =-. ',:. ~. executed the same for the purposes herein contained. Y; JJ ;;, " ,:,".; >.',. .~.:....;: :.~~.~~;]}; IN ~~SS ~OF, I hereunto set my hand and officia ~ . ~.. -:-._..;,:t.:~~,,~-~;~;~:-,-r~'~<.'::.,.\ My ColDlDl,,,on E:::;:~ ~O!i'~~W~:~y Public - IJ, j, II, ~_.,.., . '. .... ,.,:,fj" i;,",w6~~'~~;'~~E~~~~e,;~~d~~~~~ ~A r()Aj[,{v:-+c~ T;U.ofOffi", 1 ,,;,~'.:t~gSr-;';" ,... "" ,BOOK 1448 rAGE .413 Fo,m 3.39 9'9. G -6R(PAI \9410\.0$ ~ i,_,~ I , r , ,- 'r ~r-~ ~. , AL1'A Commitment COMMl"""'MENT FOR TITLE IN""'JRANCE SCHEDULE A CONTINUED Commitment No. PACU0380959 Legal Description IN ACCORDANCE with section E of the Plan of Lots of Jacob S. Shenk, known as Cloverleaf Acre~ No.2, which plan was recorded ih the hereinafter named Recorders Office on October 25, 1956, in Plan Book 8, Page 43, as follows: BEGINNING at a point on the Northen line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of 75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said'dividing line between Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at corner common to Lots Nos. 7 and 8 and 17 anad 18 of Section E, thence along the dividing line between ~ots Nos. 8 -and 18 of Section E, North 55 degrees 15 minutes East, a distance of 75 feet to a point at corner common to Lots Nos. 18 and 19 and 8 and 9 of Section E; thence along said dividing,. line bet~een said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of GO-feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract of land contains 15 feet in front along the Northern line of 60 feet wide Fai~view Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No. 8 of Section E as shown on said plan of Cloverleaf Acres No. 2 recorded as aforesaid. See also plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in plan Book 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions and covenants attached to and applicable to said plan recorded in said Plan Book 8 and at page 43. THE ABOVE described premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorders Office in Deed Book "P, Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract of land is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013. This cOfiU1litment is /t~?~i~~~~~~f~::l: -~ ~D..: ~~4;:P~;,,: e":;.."11'~~~:I. .<," "'" ',:d-'''~.'d", ." 1~~:,~ <V .~~~;';_i.~.;;~t.'<},_~.~" -:,,~1.:'" t/{/i.~ftt~~t...~~l.:, ?"~'" ~,) -"IWiWl,.IJ"'<";"~'" ,,e.""'" ...111 .~"'-l L~;':I ~'_'.): ,"","_~ _ \,:~ I~O~",".u\.-,..~~_ .. '>~'if;'~:';- I "c.-.~,rl\::'t"';YY"~I" 1',)'_ 1,1...~~' ,,:': '#~~~:i~:7f~~,~~ ~;~ ,<Of?, .'..... O,.,,:rt " "(A'I\(r'M,V}!;.,,,h' invalid ~~_...b~~lng provisions ...."'...........-. State of pennsylVania} 86 CountY of Cumberlal1d d Recorded iWhB Offi.CB for the recording of Dea s .~df r erlandCountil\ll.,c . 80 Vol --'- Pag8lU,: (let- ~i as my han I of off .;;-Vb Car' , PA this day 1~ and Schedules A Chicago Title Insurance C?mpany BOOK1448i>iGE ,414 -. ,....~-_. >;'~~,", ,~ ~~~~ :':"""""'1 ~- 1"' """,-~ ".,~ ~..~" < - "- ~- '. . , " . Kay B. Hess 145 FairviewDrive Carlisle, P A 17013 February 16,2001 Via Certified Mail - Return Receipt Requested Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Soecific information about the nature of the default is orovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to helD to save vour home. This Notice exolains how the orogram works To see ifHEMAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with YOU when YOU meet with the Counseling Agency. The name. address and ohone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If YOU have any questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with imoaired hearing can call (717) 780-1869). 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. LA NOTIFICACION EN ADJUNTO ES DE SUMA 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 AGEN(;;y) SIN CARGOS AL NUMERO MENCIONADO ARRIBfI.. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. .l" ." ". , ~.~. .=" ..-...... . ~ ~ , 1""7" ; ~~"<~--'i~~" -1 ~ ~~ ~ " . , " HOMEOWNER'S NAME(S): Kay B. Hess PROPERTY ADDRESS: LOAN AC'CT. NO.: 145 FairviewDrive, Carlisle, PA 17013 1120890304 ORIGINAL LENDER: Eastern Savings Bank, FSB CURRENT LENDERlSERVICER: Eastern Savings Bank, FSB HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS 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 YOU 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. I 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 Jt.ust arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TillS MEETING MUST OCCUR WITillN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. . CONSUMER CREDIT COUNSELING AGENCmS - If you meet with one of the consumer credit coonseling agencies listed at the end of this notice, the lender rrtay NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desillnated 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 you lender immediatelv of your intentions. i""., ~, " . .. ~, '11-' - ~-'.' 1 I '" -- , " ;, . 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 TillS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEmATELY 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 TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you bave filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine: it un to date). NATURE OF THE DEFAULT-the MORTGAGE debt held by the above Lender on your property located at: 145 Fairview Drive. Carlisle. PA 17013 IS SERIOUSL Y IN DEF AUL T because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are. now past due:monthlv payment of $651.86 for the months of November 2000 through January 2001 for a total monthlv pavment amount of$1.955.58. Other Charges: _ Late charges in the total amount of$97.77. .~ TOTAL AMOUNT PAST DUE: $2.053.35 1 -~. r, - - ~. . ~ ,~~'"~ I '. .. HOW TO CURE 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 $ 2.053.35, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by c~sh. cashier's check. certified check or money order made payable and sent to: Eastern Sayings Bank, FSB A TTN: Ellen Matanle 11350 McCormick Road, Suite 200 Hunt Valley, Maryland 21031 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 riehts to accelerate the morteaee 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 foreclosure upon vour morteaeed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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. Howeyer, if legal proceedings are started against you, you will haye to pay all reasonable attorney's fees actually incurred by the lender eyen 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. Ifvou cure the default within the THIRTY (30) DAY period. vou will not be required to nav attornev'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 to Qure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale. You Il:\av do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing bv the lender and by performing anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted._ EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the .) . . 1'1 .~ ^~I-' . "T~""'''"~~''''''' . " . .. 1) .' ( " .. longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO .CONTACT THE LENDER: Name of Lender: Eastern SavinlZs Bank. FSB Address: 11350 McCormick Road. Suite 200. Hunt Vallev. MD 21031' Phone Number: 1-800-982-7114 Ext. 6059 Fax Number: 410-568-4567 Contact Person: Ellen Matanle 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 mayor XXX 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 PAYOFF 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 DEF AUL T HAD OCCURRED, IF YOU CURE THE DEF AUL T. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR). . TO ASSER-T THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. p~,............ ~,l,~ ) '_,0 I' , ," , " =~- ~1-~ 1 (, ... J ~, , . 1, . . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY . Consumer Credit COIUlseling Service of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G. Street Carlisle, P A 17013 (717) 243-3818 FAX# (717) 731-9589 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139--143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. S A.I SAD mse cc: Ellen Matanle, Eastern Savings Bank, FSB ,- ~',~- ~ , I"f 1 ,- . -r~"~ " '. " . '. " ... 1, '" VERIFICATION G. C. Kulikowski hereby states that he is the _ Assistant Vice president of Eastern SavinQs Bank, fsb mortgage servicing agent for plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his 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. ~~\\A~\~ , G. C. Kulikowski .- Assistant Vice president Date: March 20, 2001 ,ii-~1_ - ,..., ~~" _ ~__ _ ,..-. ~ - I - ~~ - ,- .., ., -' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CNIL DNISION No.: 01-2205 Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: vs. KAYRHESS, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendant FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff I Hereby certify that the last known address ofDefendant(s) is/are: 145 Fa! 'ew Road, Carlisle, PA 17013 COUNSEL OF RECORD FOR TillS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 l,,~-< ' .,- ""''e: -,.~v<<"!;r.-,~',^7~,, <,;-,j't;r""_"T'f"'~',--~c._"'f"','I~"'<, .'C" '_""'~~ .,e _"'C ". _,_ ",,_ t . J" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, vs. KAY B. HESS, Defendant. CIVIL DMSION NO.: 01-2205 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Kay B. Hess, in the amount of $58,373.84 which is itemized as follows: Principal Interest through 6/15/01 Late Charges Bank Fees Attorney's Fees Title Search and Costs TOTAL $49,221.88 $ 5,316.42 $ 195.54 $ 40.00 $ 1,100.00 $ 2,500.00 $58,373.84 plus interest on the principal sum ($49,221.88) from June 15,2001, at the rate of $21.18 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the ortgaged premises. :,-~': '=','- __, ~,,_,>~'~>'""''ilI''.'1 "',,,"0,_+' '-"'_""' ._ ' o~r~ ;",,,,,~,,~ ^"~ By: Scott A. Die ric, squire Attorney for Plaintiff PA LD. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evi enced by the attached copies. Sworn to and subscribed before me I.' -1 thisl}A day of #trf ,2001. (/ L;JlCatet1 -e~L~ Notary Public My Commission Expires: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 ;:-";' p," - :-_',~_F" .,'" ." ,,-='1" ':'Jf"l, '-W.', ",,^ - '-V'-~-____~. ~ ","" "'-1,'lvr.""'.,'" ;~,>,' c_'J.,_".e ,~~,_ ,_,"~"_" ''''''., ''^? 0' ^, .,,, _,__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SA VlNGS BANK, FSB, CIVIL DMSION Plaintiff, NO.: 01-2205 vs. KAY B. HESS, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: KayB. Hess ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on )"., ~ li,;J,DO I ( ) A copy ofthe Order or Decree is enclosed, or (XXX) The judgment is as follows: $58,373.84 plus interest on the principal sum ($49,221.88) from June 15, 2001, at the rate of $21.18 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. a~o~2.7t;~ Deputy ~~ J ,Vp,'" - .'" .~~~,_ ". ..........I..l....l.l.'--'-.I.. .J.: u .l'\..L:.J.l. U.l"\..l.'I: - L\..c'JU"wKr\. CASE NO: 2001-02205 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS HESS KAY B JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HESS KAY B the DEFENDANT , at 1020:00 HOURS, on the 14th day of May , 2001 at 145 FAIRVIEW ROAD CARLISLE, PA 17013 by handing to KAY HESS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~O/' . ~~~ -r:- .~~'f~'.f " R. Thomas Kline 05/15/2001 JAMES, SMITH, DURKIN & CONNELY Sworn and Subscribed to before By: vA?.' /~nS) ~D~bty Sheriff (// me this day of A.D. Prothonotary ", --,., '""r'c: " , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 vs. KAY B. HESS, Defendant. IMPORTANT NOTICE TO: Kay B. Hess 145 Fairview Road Carlisle, PA 17013 DATE OF NOTICE: June 4, 2001 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (711) 249-3166 --'!~-~ " . "I "t'.'1 ~. ". ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 vs, KAY B. HESS, Defendant A VISO IMPORTANTE A. Kay B. Hess FECHA DEL A VISO: June 4,2001 USTED ESTA EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMt:NTE A SU ABOGADO, SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, V A YA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL, LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 DATE: 6 /4/0) I I BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID Sc . Die erick, Esquire PA 1. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 !''i''!'' . .~ ,.",-~. .",! . ,-..,,- 'U~__ ~~ ~' h _~ ." ." _ ~'-v~' ;.'~_- " _.'-"~< >",.,-"--,.-" .,~,-~" ..'~, ~, ~ f;::) (J ~ 'l :0 ~ 8 () c:.., r c "- IN <.'" L_ -0;:'-;:: '- ..... ~ [n?~'! - , 2..::1; ~'- ~ ~ -0 ?~[ "- 6' ~~} CO 1I Zl t ~;~~ ~n . ~ -"'f r--.. c5 ~ "--'\~' :.') (,):71 - :::;:;! ~ -< r"~:' Cl -, -.:..... -< ~~ '", ~. UrJ.lj~,._ ~..~ __~ ~!lI!lI~~l"WiKmilfi!l;lJl~lIlI!'Iw.F'j!1l"I1"*,,()@f\<I!>WI'4lo"""'~')j~~""'i5-~'<'""""ZFP-!""'--'" "-C.A"'i;r~"-;;l'.n,,:,"*I<l,i)"'li'~HV',f"e,;,,"!"" -o"'''1],,-.;~~,ijl1'1~-jn-F'''i''~~'IJ' ,'~~-= SHERIFF'S RETURN - REGULAR CASE NO: 2001-02205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS HESS KAY B JASON VIORAL , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HESS KAY B the DEFENDANT , at 1020:00 HOURS, on the 14th day of May , 2001 at 145 FAIRVIEW ROAD CARLISLE, PA 17013 by handing to KAY HESS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 r~-:/<~.~ R. Thomas Kline 05/15/2001 JAMES, SMITH, DURKIN & CONNELY ~~J ./1. ,~ p'lot onotary ,~ A.D. Sworn and Subscribed.to before By: me this :l;.,;v JYc.( day of {I~~ ....".,,-_ ~!II!ilIIIf_ '-1 " J~__~':'<i r;, -.. IN 'lliE COURl' OF CCHDN PLEAS OF aHlERIAND COONl'Y, PENNSYLVANIA CIVIL DIVISION Eastern Savings BAnk, FSB, Plaintiff File No. 01-2205 Defendant Arrount Due $58,373.84 from 6/15L01 Interest to date of sale 3,664.14 Atty's Corrrn Costs v. Kay B. Hess, TO THE PRO'IHONOI'ARY 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 arrended; and for real property pursuant to Act 6 of 1974 as arrended. PRAECIPE FOR EXECUTION Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the. following described property of the defendant(s) See Exhibit "A" attached. PRAECIPE FOR ATTACHMENT EXECtJI'ION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-narred garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee ( s). (Indicate) Index this writ against the garnishee(s) of the defendant(s) described in the attached exhib' 1; {lIl (J l Signature: real estate DATE: Print Narre: Scott A. Diettericl<, Esquire James, Smith, Durkin & Connelly LLP Address: POBox 650 Heshey, PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Suprerre Court ID No.: 55650 "-,~--,", ,!"',-. " I ", "1 ---"'" [ 4 , '" -. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and promises, situate, lying and being in the Township of Middlesex, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 ofSectionE, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60- feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract of land contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE descn"bed premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract of land is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013. BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11, 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book Volume K-35, Page 1157, granted and conveyed unto KayB. Hess, a single woman. Parcel No.: 21-18-1363-022F Exhibit "A" ""-'--<' 'I"""', !, ' ~',~"!.".,.,,"'~ '" , , , ~ . -~- ~, ~ ,-' "". ',. -""""_'--'\J~,,,,,,-,<_~~'~~,c,,,~_,,,,,-~ 1m r ;. ( A) p ~ 1" -f"q "Q.. 0 4 "'<l. 0 c:-) () fl .tv w ~ c -q lL ....... W .-G ..... .' d '"Ot~.c ~ ~. 0 "- d 0 ~ '- 8 n-;rT-: Cj) I> C- o Z:-_"C.i ~ CY 0 ;~[" '''' &) U),,~_ ~ I -< ~'",- t;) If'- \) l' nr ~~c=-- " -0 f} ~2 "' ..... (- '-; ~ -..... ~ ~ ' N ~~;-n - , , , " , Z C- "- =2 ~:o t (;:) .< , , ;r - ~ "" ~- '^ , ~ .~~'"~ .", '". _1\IIl4ll!~ _ =....""""'''''''~~f;l'$fJ1k1W~ -~L ~~.!":I!.tl_.1 _ ,Jj,~_"~~*,j,,,.i&'i',"'-G-" -"-","Of' - ;,,<1'1' """1"\""'_"~r':~~~"""~0~~~;,~;;m",e,w'): m(1'''I,,",c;:,w''''''''m'-''';f'~~_;OOill'ir,''1~1 ." , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Was filed the following information concerning the real property located at 145 Fairview Road, Carlisle, Cumberland County, Pennsylvania 17013: 1. Name and Address ofOwner(s) or Reputed Owner(s): KAY B. HESS 145 Fairview Road Carlisle, PA 17013 2. Name and Address ofDefendant(s) in the Judgment: KAY B. HESS 145 Fairview Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff EMC MORTGAGE CORP. POBox 141358 Irving, TX 75039 4. Name and Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB Plaintiff '\~", ',' , -. . _ 'He - , r",.,.....,~~.'~~ ... 1 ,> 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiffhas knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verifY that the statements made in this Affidavit are true lqld correct to the best of my personal knowledge, irtformation and belief. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: ? /16/01 t / JAMES, SMITH, BY: Sco . ie erick, Esquire Pa. I.D. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ",.,"-~ -, ,r" _I T 1.olJ1lli!lll~ " i"!jJ1~ ~ .111, ,-.- -~" .~, ", .-~-,~ " - ~-..".- ~" ~ " ~, L "~~^' ~ ~ " L.,~ 'l"lT,irllllvl~iliIiIr')jj'fr".r T1Ui' '- ~. r 0 C) C) C " >- :p. U GJ ,- f'Tl fT: '-- Z ::r:.' G"") Z c~ I,) (J) ~" -< --;,.- ~~; ~ Li (:: -u - , >~ c -' ~r-' - CO:") L- C,- >: i") S~ ,T; c: 2: ,- --I ::D -.< (~ .< ~~ t:R lI]~!I"ft!Ii'lI~~~ __ ~, ~ .Jlm~1rr-m!Q(17JJ>lI!~J'il!tw.m';/~:Tr."""','-"'!'."+';"'-"~"'-;;'~": ""HWf"'l.\Ofi!:"",:1li'~q;jl~lWil>:'t'_F~'W"~'" >'P1~1f-'}1I1'M1'-'fo~%i''''U~\',";W.l:if_t'f" r .' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OFCML PROCEDURE 3129 Kay B. Hess 145 FairviewRoad Carlisle, P A 17013 TAKE NOTICE: That the Sherifl's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailir)g local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT nAn). The LOCATION of your property to be sold is: 145 FairviewRoad Carlisle, PA 17013 Cumberland County ,\f", ~~, ,,' ."._, - "" ~.. ~- 1 ! '-' , " -- t" ,,~ ~~ _~," , " . The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-2205 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY ARE: Kay B. Hess A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds ofthe sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distrIbution of the proceeds of sale in accordance with this schedule will, in filet, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 "'I ., 1- . . , TIm LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherifl's Sale, you may file a petition with the Court of Common Pleas ofCwnberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cwnberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~ BY: Sc t . etterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ":,~,~"",,,,,,,",...,Jl!W. 1--'- 'I I \ '~~~~!l ~ LEGAL DESCRIPTION. ALL THAT CERTAIN tract or parcel ofIand and promises, situate, lyirlg and being in the Township of Middlesex, in the County of Cumberland and Conunonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer conunon to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer conunon to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 teet to a point on the Northern line of 60-feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract ofIand contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2,1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE described premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "1", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofIand is inlproved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013. BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11, . 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman. Parcel No.: 21-18-1363-022F Exhibit "A" ,"" .,.'" . ~ l< I'". ,,~ l,ilIl'II!JiI>."""",!, ,r~ ~ " m~~,,"~ = , ""-_~". ',c., ,,~, ""'~~. ~'''' -;Q', -, ',,- ,<'k;'kJ.' .,'C"OI_',"ro.;;..",,,..,,,,,'~= ''"'~llWr~'~' "="wti.e")r'i~j-r-' ~e? ""... (j) - -< ~ z;c~' -'t' C) ~-~(= 2.: --) ""' () C .:.- t C) C) I :i~ ~;-") f0 -~~-') ,-' , ~ .-r) c .~~~ ~ji~ ~u -< 1'0 r:- (:;) ~~ . ,~ I~' "',',~N, '" _",~i"l~<'-D"-,~n'w'"':~','@:...r'_\-:;'lI'_'"'I",j1<LWI:l!"&~~m<~~!fMN\!!'"l~mi~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DMSION Plaintiff; NO.: 01-2205 Civil vs. ISSUE NO.: KAY B. HESS, TYPE OF PLEADING: Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff COUNSEL OF RECORD FOR TIllS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ~_,'''F_'C;"~ - ,~_, rJ""'/!""''f''',,:,r,'''":o;' :':'-:-C-<_'~;\ - _V'T's"'~'-9i'-~~"~ -"-"';F"-I~,,.-,,-_>."__~~,,,,,, ,._~e'~ ,"" ,M_,,_~_" ., - , "1-"- "," , ,-_" ". ~ " ,< ,.,," _ _T""'< ',"._, ~ _ _" -'.~-~, , IN THE COURT OF COMMON PLEAS OF CUM BERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil KAY B. HESS, Defendants. Pa.R.C.P. RULE 3129.2(e) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff, being du1y sworn according to law depose and make the following Affidavit regarding service of Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows; 1. Defendant, Kay B. Hess, is the record owner of the real property. 2. On or about August 30, 2001, Defendant, Kay B. Hess, was served with Plaintiff's I II I I I I I I I , I I, , , I I " I Ii I I I: I I: " II i: " l I f;~'r' ,~.., " ,,",,-~- _~:c,' '-'.)'f"<~,,,,,v_if< ''''",:~_<.,,' "~'1__- ""'""I'_~_ -,"0'. __,* ",~~~"b' ~0P"^' ~""C ,~_ _ d ~_, ,'" , _ Notice of Sheriff's Sale of Real Property Pursuant to PaRC.P. 3129, via certified mail, return receipt requested, at the address of the mortgaged premises, being 145 Fairview Road, Carlisle, Pennsylvania 17013. A true and correct copy of said Notice and Return Receipt are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about September 17, 2001, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff's Sale according to Plaintiff's Affidavit Pursuant to Ru1e 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exlnbit "B", attached hereto and made a part hereof. ,_ ''C __"_,,," ,_~,_, Finally, the undersigned deposes and says that Defendant/Owner and all Other Parties of Interest were served with Plaintiff's Notice ofSherifl's Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, S & CONNELLY LLP Dated: '1lnJ6J f I BY: Scott A. D . uire Pa. I.D. #5 650 Attomeys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Sworn to and subscribed before me this )~dayof ~ ,2001. ~~~. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY PA MY COMMISSION EXPIRES JUNE 9, 2003 ~:-,.", ' -c - ---....-"",-,,, "",l"-m" "'f'?:'~'~'_'~'-Y"'^C~_c"',",>"_"",,,,_,:'I""'''' ~,__ ~_"."_~._,'~,_" , __~o_ ,<, ','_, . Co _" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CML DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 Kay B. Hess 145 Fairview Road Carlisle, P A 17013 TAKE NOTICE: That the Sherift's Sale of Real Property (Real Estate) will be held at the Cumberland COW1ty Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured bOW1daries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 145 Fairview Road Carlisle, P A 17013 Cumberland COW1ty - :.'-"F;:iIlW!'.._. "" , ,'.'. ,- l' 1- , ,~ ~ The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-2205 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Kay B. Hess A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment, You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 1",,_,__ _-, I ~ ! - ~ .~ THE LEGAL RIGHTS YOU MAY HA VB ARE: 1. You may :file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also :file a petition with the same Court if you are aware of a . legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may :file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be :filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, S1\.1ITH, DURKIN & CONNELLY LLP DATED:~ BY: Sc t . D etterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ~ ';'" ,~ ,'d,-"'~' " ~ " 41 - 'I - I' ~l '; LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and promises, situate, lyiJig and being in the Township of Middlesex, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide Fairview Street at the Place of BEGINNING. . THE ABOVE described tract of land contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract ofIand is conveyed under and subject to building restrictions all covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE described premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofland is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013. BEING the same premises which Donna M. V ozenilek, by her Deed dated December 1 I, . 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book . Volume K-35, Page 1157, granted and conveyed unto KayB. Hess, a single woman. Parcel No.: 21- I 8-1363-022F Exhibit "A" ":,. I .~, ., , ' ~ Complete items 1, 2, and 3. Also';comple\~ item 4 if Restricted Delivery is desired. . Print, your name and address on the reverse 50 that we can return the card to you. . Attach this card to the back of the mailpiece, Of on the front if space permits. 1. Article Addressed to: r~(lL} 6 Nos l~!f Fcc-wv;UU liZd Leu-Lou ffll,/oi3 ( 'I 3. SetVic ~~Certified Mail o Registere~ o Insured Mail o Express Mail ~Return Receipt for Merchandise DC.G.D. ;;' 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service label) ?C)(50 (& 70G() / )1/'/17 C(&ICe , P$ 1t0rm '381.1 t. July 1 ~99; ; - - -, i , '. DOfnestic Rstbrn\ Receipt 102595-00-M-0952 ;', ,\-,.: _ ~~::': __~__~.~. "-C;;~T:.rc~-c~'---;----'-'-~-:--"C~--;S""---'------"C-CC.""'";:'::"r;H(:,.' ""., , "'.N,',',:',>: ~:,.::/:-::)L,:,. ... ./".'. <:"," ,,:1:,[,> ,',..::;,[/ . -"',f:, ".,...., , ~I . >>f:ji::::!::,'... ".' .,.\ ....ii!,:j'i,!p i.......,'.'.':',.-., : -::::~:<i{~C . ,:.'.',' ,'.-.',',' ...!iliiiiiiiii::..... <;:,": , ;;-:'. ,.:,".'. "'<:,:";" " "- IN THE COURT OF COMMON .PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTIIOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 5, 2001 at 10:00 a.m., the following described real estate which Kay B. Hess is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 145 FairviewRoad Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION AITACHED AS EXHIBIT "A"). ,~" - -, -"- '. ,~., " 1" " ,., .= ,.-= The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, vs. KAY B. HESS, Defendants. at EX. NO. 01-2205 Civil in the amount of$58,373.84, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELL L Dated: ct)n/ol By: Scott A. Die eric, PA ID #55650 . Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 '.,.. '.-.' -"'1"='1- 'r. to ~~ - ",.,.~ ''"iI'''I'''''''''''''''' ':1 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and promises, situate, lying and being in the Township of Middlesex, in the County of Cumberland and Commonwealth of PennsylvaIDa, more particularly described as follows: BEGINNING at a point on the Northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer. common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 ofSectionE, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract ofland contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends NOlihwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract ofland is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE described premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "1", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofland is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pe~lvan:ia, 17013. BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11, . 1991 and recorded on December 16, 1991 in and for Cmnberland County, in Deed Book . Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman. Parcel No.: 21-18-1363-022F Exhibit "A" ',; :wr~"~ , '-~-- -. -" ,.' , ,-" 1-' , - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CML DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(bJ TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 5, 2001 at 10:00 a.m., the following descnbed real estate which Kay B. Hess is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 145 Fairview Road Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). -Tl" _ , "1" ',~ . ~ I --~ . ,- - i .,.." The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, vs. KAY B. HESS, Defendants. at EX. NO. 01-2205 Civil in the amount of$58,373.84, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELL P Dated:~ By: Scott A. Dtte c Esquire PA ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 :~_:r__,~G _ ' - "-,~- , ,. , ," I-_~ !" ",' , ,,".,~, LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and promises, situate, lyillg and being in the Township of Middlesex, in the County of Cumberland and Connnonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of 6O-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing .line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of75 feet to a point at corner common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60- feet wide Fairview Street at the Place of BEGINNING. TIm ABOVE described tract ofland contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Planaf Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE .ABOVE described tract ofland is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE described premises are conveyed subject to easements of record including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "1", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofland is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Penn_~lvania, 17013. BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11, . 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman. Parcel No.: 21-18-1363-022F Exhibit "A" - - I'f''' ^ -'. .~" P, "'T ~,,,.,,,,",,,,,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintifi; NO.: 01-2205 Civil vs. KAY B. HESS, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: EMC Mortgage Corp. P.O. Box 141358 Irving, TX 75039 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on December 5, 2001 at 10:00 a.m., the following described real estate which Kay B. Hess is the , owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 145 FairviewRoad Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). -~ 1 .', 1-''': ! The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, vs. KAY B. HESS, Defendants. at EX. NO. 01-2205 Civil in the amount of$58,373.84, plus interest and costs. Claims against property must be filed at the Office of the Sheriffbefore above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (l0) days from the date when Schedule ofDistnbution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, Sl)fITH, DU CONNEL LP & Dated: q;jn/6i I ~ By: . Scott A. .. tt rick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 J',\,_ - ,'-, '-~ '.- ~ "--- - ., ,~. ,-, .~ LEGAL DESCRIPTION ALL THAT CERTAIN tractor parcel ofland and promises, situate, lymg and being in the Township ofMddlesex, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of60-feet widePairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of 60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 ofSectionE, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract ofland contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract ofland is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVEdescribed premises are conveyed subject to easements of record including rights granted to Mddlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "T", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofland is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pe:tl!ID:'lvania, 17013. BEING the same premJ.ses which Donna M. V ozenilek, by her Deed dated December 11, . 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book . Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman. Parcel No.: 21-l8-1363-022F "';:'-' Exhibit "A" - t'.,. - .' r,_ .-, , . , . ,...- -< ). ...-i . U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNA TIONAl MAll DOES NOT PROVIDE FOR INSURANCE-'-POSTMASTER ' Received From: ,,; "'i.{,<' Or'ie piece of ordinary mail addressed to: ?Fe ()&;vtrr ~f), ~,() I6~LjI s~ ' - t/'fmi' lS-oJ1 . l~ '_, c:<t ,." ,"~ ~ <"\ ~ PS Form 3817, Mar. 1989 U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: '.' t', /' " ~ One piece of ordinary mall addressed to: ~JQJ G, J)~ ~ ~~,~ i!tH.. ~#V"x ~~ ~ lj./ll)/) ~ "'~ ;'v ,,,"'~'i ~, 'F ~ 'n PS Form 3817, Mar. 1989 ',~ C':;J t-..) ':--..J "" Gl cD ~J1 _' ~*ltj'.r ~~!..'!._.._-"~" ~ , "-.._-,_.~" - '''~----''''~'""?'?:''~~;~:8;::~::~'~,::r'"T':-:'-'~'':''''::'~''''''''~''''-:"~"-:,:-r-~'~-'C-:'~:~::''C::r::::''~~~ -*.::,~..::.:~:~'~____" ::,':::,.' CERTIFICATE OF MAILING /~~'U~~~,\~~ U,S. POSTAL SEAVICOEMEST1C AND INTERNATIONAL MAll, DOES NOT Poi~\~a,rk. It{9PJJ'~ \of MAY BE USED FOR D '.: .~o1it.M.aster fO~,_Iitl-k,en,l t PROVIDE FOR INSURANCE POSTMASTER \~' e: ~ \. h i -'it. i ;~-. ,\ 1Ii, . ''\:)' \.z'~:)...."":~f!/ Received From: .... \'.,J:, ./_~ 4' ," "." i' f -\ Y,. ~,_~..,.-"_;. (~, ,,",, '"~'f... ~"v-:r ,.<:'~~ ~ ls-..,~~ '~~\ ~) ~;O ;""'i, o e piece of ordinary mail addressed to: Icv'-<l Co, ~ o.v Q'U'R eLQ ~1' I (L(j Cv. ~'-<<_ @k~J~ ~. fA ;lO) ~ ':0 ,0 ~;;. PS Form 3817, Mar. 1989 '" ~, ,~~ J!'!!m, .-, -.- '" "' "" ~-~,- - .,~..,,=.,"~.jj'ij!lf~M""'i!!!I'JilI"" ". . "'''< ~ "",,, "", -"w,'," """'"""'''~'"''''hr'''''f''''ln\~rlliill]Ii'''' '~I-""I"'\l1j'_'iW"'J!i' . 0 " ' C'.~ ..to , , u') rr, _.c. -Tj " '''f::J ....,-, 2~ ", c , Z U.i , D -<' r:; " J -, ,! ~p. C-; Z 5> ~;.! p.~) ,- .c --:7" '- =< - , '_,J :::~ (.,..) -." '~ e,;:ifl"~~>_'r_~"1fiif',Wl.t:"''!i!"''""Yl,,,'i'',QP '.'i';,,'_i"~""rJ!"';~j-1'_NI"'~"i""""'~"~i;li'i""""!"""I<;"'mir:r!~~l'i!l!~nll_~! -- STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55. Robert P Ziegler I, _____________________________________________________~________________________Flecorderol Deeds in and for said County and State do 'hereby unify that the Sherifrs Deed in which ________________ Sweet Air Investment Inc ___________________________.________________________________________________________ ~ thegr.antee 5th the same having been sold to said gr.antee on the _______________________________________________ day of 01 _____, under and by virtue of a writ______________ 21st Execution . _______________________ ________ ____________ _____ ISSUed on the ________ _____ ___ ____ ____ __ __ __ _______ August 01 day of __________________________ A. D., Civil -------------------------- ----.--- ------------- -- -- --_____ _______ ______ ______ _____ Tenn, : Eastern Savings Bank FSB ________~:=_____________________________ A. D., ; -____, out of the Court of Cornman Pleas of said County'as of 01 , 2205 Number ______________, at the suit of -~------------~-----------------------------------------------. Kay B Hess -__________________________________against_______________________.____________________________ g 249 3377 duly recorded in Sherifrs Deed Book No. ____________, Page ____________' IN TESTIMONY WHER.EOF, I have hereunto set my hand and seal of said office th~ h__Lf.____ day of ~.ue.~'_ J...oo I --------------------__________A.D~ ._____ --~~-~~--~r-~i~~. Fle er of Recorder of O",ds, Cumberland Coun\v, Cao1~iSIe, ~~t My Commi>.ion bpiles the first Monday Jan. \ \: , - f_"i"q"""""'-"fh'4'__~ , Eastern Savings Bank, FSB VS Kay B. Hess In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-2205 Civil Term Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01,2001 at 12:50 o'clock P.M., E.D.S.T., he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the within named defendant, to wit: Kay B. Hess, by making known unto Kay Hess, at 145 Fairview Drive, Carlisle, Pennsylvania, its contents and at the same time handing to her personally the said true attested copy of the same Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on Oct. 01, 2001 at 12:50 o'clock P.M., E.D.S.T., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kay B. Hess, located at 145 Fairview Dr., Carlisle, Pennsylvania, according to law. I R. Thomils Kline, Sheriff, who being duly sworn according to law says he served the above Real J;state Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a hotice of the pendency of the action to one of the within named defendants to wit: Kay B. Hess, by regular mail to her last known address, 145 Fairview Drive, Carlisle, J?A 17013. This letter was mailed under the date of October 8, 2001 and never returned to the Sheriff's 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, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 5, 2001 at 10:00 o'clock A.M., EST. He sold the same for the sum of$1.00 to Attorney Scott Dietterick for Sweet Air Investment, Inc.. It being the highest bid and best price received for the same, Sweet Air Investment, Inc. of 11350 McCormick Rd., Suite 200, Hunt Valley, MD 21031, being the buyer in this execution paid SheriffR. Thomas Kline the sum of$I,OOO.OO, it being costs. Sheriff s Costs: Docketing Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postpone Sale Law Journal Patriot News $30.00 15.00 15.00 30.00 10.00 .50 1.00 3.25 1.84 15.00 20.00 456.05 309.63 ", r .-f Share of Bills Distribution of Proceeds Sheriffs Deed Poundage 25.66 25.00 26.50 15.57 $1,000.00 Sworn and subscribed to before me So AnSW~ ' rJ~~ R. Thomas Kline, Sheriff This ,J.o tC'day of ~ 2001, A.D. (~L~ a. ~~( :Pr onotary , BY~~ ,1MiJ:h eal Estate Deputy 1)'0 , Ck. 3fD3J L. / ;J(rl)~ '_i!MO'_""""'''''''''''Wl . -~,,,...., "I' " , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as ofthe date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 145 Fairview Road, Carlisle, Cumberland County, Pennsylvania 17013: 1. Name and Address ofOwner(s) or Reputed Owner(s): KAY B. HESS 145 FairviewRoad Carlisle, PA 17013 2. Name and Address ofDefendant(s) in the Judgment: KAY B. HESS 145 Fairview Road Carlisle, P A 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff EMC MORTGAGE CORP. POBox 141358 Irving, TX 75039 , 4. Name and Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB Plaintiff ~.-,,~"- ~ - " ~~~, - " .... . ! r 5. property: Name and Address of every other person who has any record lienon the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintilfhas knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 I verifY that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. JAMES, SMITH, DATED: ? 1,6/01 t I BY: Sco ie erick, Esquire Pa. LD. 55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 -~~,~ ,." " ~ - '~'-. ., , .' J , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 01-2205 Civil vs. KAY B. HESS, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Kay B. Hess 145 Fairview Road Carlisle,PA 17013 TAKE NOTICE: That the Sherifi's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, December 5, 2001, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 145 Fairview Road Carlisle, PA 17013 Cumberland County '~:\l, ._ '_" <l ,~ " . "--'-," ,. ..- The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-2205 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Kay B. Hess A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds ofthe sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~.; , ~, ,,~?,~l'.' '-I-~_" ~: , "'.. ..-.> THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sherift's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sherift's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED:~ BY: Sc t . etterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF J.. , .~ . , _". .,__, ~ _~ ,~ , . I.".,. ,~ LEGAL DESCRIPTION' ALL THAT CERTAIN tract or parcel of land and promises, situate, lying and being in the Township of Middlesex, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern line of 60-feet wide Fairview Street at the dividing line between Lots Nos. 8 and 9 of Section E; thence from said point at the Plan of Beginning, along said Northern line of60-feet wide Fairview Street, South 55 degrees 15 minutes West, a distance of75 feet to a point at the dividing line between Lots Nos. 7 and 8 of Section E; thence along said dividing line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 minutes West, a distance of 140 feet to a point at comer common to Lots No.7 and 8 and 17 and 18 of Section E, thence along the dividing line between Lots Nos. 8 and 18 of Section E, North 55 degrees 15 minutes East, a distance of75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E; thence along said dividing line between said Lots Nos. 8 and 9 of Section E, South 34 degrees 45 minutes East, a distance of 140 feet to a point on the Northern line of 60-feet wide Fairview Street at the Place of BEGINNING. THE ABOVE described tract ofland contains 75 feet in front along the Northern line of 60 feet wide Fairview Street and extends Northwardly therefrom at an even width a distance of 140 feet, and is all of Lot No.8 of Section E as shown on said Plan of Cloverleaf Acres No.2 recorded as aforesaid. See also Plan of Cloverleaf Acres recorded October 2, 1956, in the hereinafter named Recorders Office in Pan Book 8, Page 7. THE ABOVE described tract of land is conveyed under and subject to building restrictions an covenants attached to and applicable to said Plan recorded in said Plan Book 8, Page 7 and at Page 43. THE ABOVE described premises are conveyed subject to easements ofrecord including rights granted to Middlesex Township Municipal Authority by instrument recorded in the hereinafter mentioned Recorder's Office in Deed Book "I", Volume 29, Page 792, and in Misc. Book 262, Page 760. THE ABOVE described tract ofland is improved with a one-story ranch-type dwelling house known as and numbered 145 Fairview Drive, Carlisle, Pennsylvania, 17013. BEING the same premises which Donna M. Vozenilek, by her Deed dated December 11, . 1991 and recorded on December 16, 1991 in and for Cumberland County, in Deed Book Volume K-35, Page 1157, granted and conveyed unto Kay B. Hess, a single woman, Parcel No.: 21-18-1363-022F Exhibit "A" . . . "', , '<'h.-~- "'P'~r' ~ '.-p- WRIT OF E~&CUTION and/or ATIACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 01-2205 CIVIL ~ TERM CIVIL ACTION - LAW TO THE SHERIFF OF __9umberland COUNTY To satisfy the debt, interest and costs due Eastem Savings Bank, FSB PLAINTIFF(S) from Kay B. Hess, 145 Fairview Road, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property 01 the defendant(s) and to sell See Leqal Description (2) You are also directed \0 allach the property 01 the detendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notffy the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof: (3) If property of the defendant(s) not levied upon an subject \0 allachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due $58,373.84 from 6/15/01 to date of Interest $3664 1.!l LL $.50 $1.00 sale Ally's Comm Ally Paid Plaintiff Paid % Due Prolhy Other Costs $103.10 Date: August 21, 2001 Curtis R. Long Prothonotary, Civil Division a~ - 2,~A6'~ Deputy ~ Ii /,~". REQUESTING PARTY: ~;. ~ ~: ~" Name ,;;':j , Scott A. Dietter~~" Esq. James. ::xnith. JJUI:'Kin I> Connelly POBox h'50 Hershey, PA 17033 Plaintiff LLP Address: Allorney for: Telephone: Supreme Court lD No. 717-533-3280 55650 q1!tJiq.~~~~.~"",,"~~~~i!-' "'1 r' ~ " , ~ , I i , '.J! '\ c. .~." =', ,~~ '~u_ ~~ - - ~ 'n, ~ "~" 'PFnl ESTATE SALE No. 11 iJr, Se.pt. It, Lao 1 the sheriff levied upon the detenaal:. Interest in the real property situated inilll,dJ {p ,,1 N /r.uj'J' Cumberland County, Pa.. known and numbered as: l'1iJ tOJ..r v'1~W U. ~.~ and more fully described on exhibit "A" filed with this writ and by this reference incorporated herein, oate: ,~fJI 11,19.001 By: g/Jri if ,)fVliH~ , (lull bsfo)y, Dip Uf'-j ~-'-' I ~ I ,-./' , ..... I ',-, '11\ I r ,"'" j", ,,'," "',' '1':1 ~ , -, H ",: ,_~ r ;, 1<'"1 P' ill! ii 2'0 t hZ 9nV A!N0l. ' "fl" "'''I''~I''' , , "" v g~ ,i, 1 L~ Cl -~:}1~,10 . .~Ml ll!!ll!!!l~tl'~!/!!'l~il~~~' ~j$l!m1~~"';}"'i'i_\''''''T'{'V ."~'''-~'_:''';'",.",c",_, ;-"'"<F,;;r'F,'_(""rw.~O\%t"""';! """"<F'_ ~ &:;:;;7 I:t?D t:::::';,J Gi)" GiIiI I ;c'F"'fH~iI!i\Jii!i~~?" _"..,~q~~il --------=-'0_'- . H-REAL EST~.s~LiiN011- .WrltNO.2001-2205 . Civll,Term"' 'Eastern Sa~!~,Baflk.1 fSB " . vs ~ Kay 6. !le.. llESCRIr~g~: Scott.A. Dlett.rick ALL THAT CEKfAlN u' promises. situate. I' w'Ct o~ PZ!ce1 of iand auo of Midd' - thymg and llemg UI the1'ownshh1 lesex,tn eCoJ:mtyofC1l wI ' CDm:mc:llwealth of . m. and, atld particularly describoo as f~~;:,yJvanta, li1.Ort BEGlNNING ~ a ])0" the' . 6\).fee\ wide Fairv~nS~~ Nortqe~, line of between. [.Ql~_ Nos. 8 and '9 or S~~ti dlVldinE, g line from saId pomt at th Ph t; 011 ,the.nc.e said Nortlirn lineofJO-ie~ of.BFg~nning, along' South 55 degrees 15 minirte ~e a{rvl~W Sttcct, 75feeltoapoinlatlbedi'(.d~ J~t,adistance,Qf, Nos, 7 aJlIi& fS ..\I~gmehetweenLI)!." divtdiug line be~e~lio~ E, the~ce along 5rno Section, North 34 de sm Lo!s N?s, 1 and 8. of di~tanee Df \40 feet to~_4(~~mnutes West. II to Lots NCl, 7 and 8 aJ1d "J.-7 m a C!lrll.:" (;oytmoh thence alollg the di'lidifl":"li:~ 'Ot Sed\O~"E:. ' 3 ,and 1! of Section 8: North ;~~,~J~~~; mmuteS cast,alltstance oj;75l ""6"<:~s ,:,> conlercommOn toLol< N'; I6":lloqU P01?~ at 9 of S ',' E w' iUl\.Il und8aru:1 betw~~c~: io~Nnte uglong said llividlng line South . os: a~d 9 of Sectil E. 140 fe:t4t:~gpole~~t~n ilimNlte:J East. ~ diS{~ of ',.. F' . e o!thernlmeof60-f 1 WlU<' a\tv\cw Street at th pJ~"'~ BEGlNWNG. ,e Llttt s:Jf ~J:~~r~~~~S~:E~~N1!~: therc.fmm at an e'I<'en width.a ciislance of 140 fee~::'" ~d IS all of.Lot Nf:I. 8 ofS~tion E as slWWil ,":.. 'J'd Plan ot, CJ""rleaj' Acre' No.2 "coraoo o~ l)~a:~'''OcSee alw Plan of Claverleaf Acres reCQt=u tober 2 19,:1;6, in the be . n,amed ReDroer> Offi~ ifi'Pfun BOOK 8 P rem,ftcr 'IRE ABqVE d~scn'berl tract of1und is ~~ed \.\~et' ana SUb1ect to bu.ilding re~trictions and covenants, at~hed to and applIcable to said P1M ~.ord!:d ill said plan Book 'l!1 Page '1 and at Page TBl? ABOVE described premise~ are COl1'r>eyOO ~UbJ: to ease~nls of recprd including 9-$hLl gran , to Mldrllesex TQWURhip MutUCI 1 Au~ont)l by _ instrumerlt recorded l.n ~c ~ere:n<;ft:r mentioned Recorder's Office in Det:d BOO~ l,' Volume 29. Pi\~ 792, and in Mise oOK.w~,?~'160. . T~~ ABOVE descn"bed tract of land is improved W1Ul a ooe_StOlY ranch-type dwelling ho bvJ'yn as and U\lmbcr<d 145 FairView ~": Carbsle,.l;<:nns,/lvaniat7(n.3 ' , .... BB~ the _ pre~he~ which Donna M Vozctlllek, by ber Deed dil'.cd [)eccrnber 11 1Q'."li and rCCDrded en Decemocr t6, 1991 m ~d'i' cumber\~d Count)" in Deed Bt)Ok Vclume K_3~r Page ll~ I, granted and conVeyed unto Xa", >I' Hess. a ,~mgle 'Woman. ' ,1-"" . Parce! No. 21_1S_1363'-022F, Rl'AL ESTATE $ALE NO. 17 - Writ No. 2001-2205 Civil EasterTI Savings Bank. FSB vs. EaY B. HesS Att:j. ~ Scott A.. Diett.erick EXHIBIT A LEGAL DESCRIPTION ALL THAT CERT1\1N tract or par- cel of land and proroiSes, situate, lying and being In the TownshiP of Middlesex. In the County of cum- berland and com.monwealth of . penns:!lvania. more particularlY de- scribed as follows'. BEGINNING at a point on the "Northern line of 60-feet -wide , FaJrVlew Street at the dlvidlng Ilne between Lots NoS. 8 and 9 of Seer tion E; thence from said point at the Plan of Beginning. along said Northern lJQ.e of 60-feet -wide F.gjIV1ew Street. South 55 degrees 15 minutes West, a distance of 15 feet to a point at the dividing une between Lots Nos. 7 and 8 of Sec- tion E~ thence along sClid dividttlg line between said Lots Nos. 7 and 8 of Section E, North 34 degrees 45 ro:1nutes West. a d:istance of 140 feet to a point at cottle! conunon to Lots ! No.7 and 8 and 17 ;md 18 of Sec~ , tion :e. tllcnCe along the dividing li11e between Lots Nos, S and 18 of Sec- tion E. North 55 degrees 15 =' utes East, a d1SUlnce of 75 feet to a point at comer common to Lots Nos. 16 and 19 and 8 and 9 of Section E: thence along said dividing \ine between said Lots Nos. 8 and 9 of Section E. South 34 degrees 45 :rn:iI1utes East. a distance of 140 feet to a point on the Northern line of 6O-;feet wide Fa:1IView Street-ar-the-- Place of BEGINNING. THE ABDiJE-d.escrtbe<Ctrilct of lrold contains 75 feet In frOnt along the Northern line of 60 feet wide FaJrvieW Street and eJ<tends North- wardly therefrom at an even width a distanCe of 140 feet, and is all of Lot No, 8 of Section E as snoWD on I said FlaIl of C~overleaf Acres No. '2 recorded as aforesaid, see also P1z.I1. of Cloverleaf Acres recorded octo- be! 2, 1956, in the hereinafter named Recorders Office in Plan Book 1'\, page 7. \ THE- ABOVE descrtbed tract of laUd is conveyed under and subject to building restrictions an covenantssattached to and applicable to said P\on recorded In said PJaIl BoOk 8, page 7 ond at Page 43. TRE ABOVE descrtbed preIDises are CQrlV'eyed sub)ect to ea&e!Uents of record including rights granted to Middlesex TownshiP JVl,un1cipal Authority bY JnS=ent recorded in tbe hereinafte! IIlentloned Record~ er's office in Deed Book "'I." Vol- un1.e 29, page 79'2. and in MiSC. Boo1< 262, page 760. 'f!{E p,BOVE described tract of land is unproved -with a oJ).e~5tory ranch~type dwelling hOtlse known as and nu:robered 145 yai:rview Drive. Carlisle. pennsYlvania 17013. , _ ~ BEING the saDle -premises which l, Donna JVl,. vozenl1ek, bY ller Deed I dated Dece:ro.ber l.1.. 1991 and re- , corded on Decero.ber 1.6, 1991 in ond for C=berland County, In Deed , Boo1< Volume 1'-35. page 1157. , gronted and conveyed unto EaY B, 'Hess, a siIlg1e woIO.M' " . parcel NO.' 21_1B-1363-022F. X>>j;;il,fi~~~"X:t;';-:;'i,fc ""'{~,!;:;r-D;;tt;:{~\11~\s,,g,n~ ,,,,,. "'~~t;; k', ta.... .. -:>. 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 Jam.." _ Clark being duly sworn according to law, deposes and says: That he is the Acounls 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 Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their reguiar daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in ':~:~~:::::""~ · Ooo~ '" ~d ''''.dC~"'.~",":iI'''~'=~~k='m COpy S . 19th da of November 2001 A.D. S ALE #17 NotallalSeal Tell\' L. RuIlSOlt, NOIIIry Pubr Hll_rg. Dauphin COUnty MyColnlnlsslonElqli!eaJuneS,lOO2 N TARY PUBLIC MIlI1lber, Pennaytvlnla ASaocJatton 01 N~commission expires June 6, 2002 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 , Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 308.13 1.50 309.63 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.................................................................... -ji~1JI!~~1'l , '""",,,~ ,>,> 1 ,.- . ~, 1'1 -, ~~ f >~ ;-.'>;t,;_;~;~,i;;~;'/, Eb 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, V!z: October 12,19,26,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. J~ -- R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAl.. SEAL LOIS E. SNYDER, Notary Public Carlisle 80m, Cumberland Counly My Commis8Ion Expires March 5, 2005 -"Mi:~ , - r:",. ~ '~r ~'"-~~