The URL can be used to link to this page

Home My WebLink About01-5960IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK ffk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. TO: DEFENDANT(0 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN ~I~VENTY (20) DAYS FROM SERVIC HE OF OR A DEFAULT JUDGMENT MAY BE E~ I HEREBY CERTIFy THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 77408 Ewlng, NJ 08628 AND THE DEFENDANT(S): 213 E. Locust Street CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ~STATE AFFECTED BY THIS LIEN IS 213 E~echanlcsburg, PA 17055 ATTOPu~Y i~O~LAINTII~ CIVIL DIVISION TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendants. CIVIL DIVISION NO.: 01-5960 Civil Term ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Allfirst Bank, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff I Hereby certify that the last known address of Defendant(s) is/are: 5340 O Mecha~ Sco~ ford Circle, Apt 46 Di~tterick, Esquire COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, ffk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Pl~iintiff and against Defendant, Leslie G. Hoffer, in the amount of $63,218.00 which is itemized as follows: Principal $ 54,095.73 Interest through 04/15/02 $ 5,046.80 Late Charges $ 240.09 Escrow Advance $ 518.93 Other Fees $ 16.45 Attorney's Fees $ 800.00 Court, Sheriff& Title Costs $ 2,500.00 TOTAL $ 63,218.00 plus interest on the principal sum ($54,095.73) from April 15, 2002, at the rate of $12.40 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. JAMES, SM~CONNELLY LLP By: Attorney fo/Plaintiff PA I.D. #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 COUNTY OF DAUPHIN SS: 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 evidenced by the attached copies. ScOtt ~. l~ie~--erick, Esquire Sworn to and subscribed before me this ~7~3day of (~,~ ,2002. Notary Public My Commission Expires: INOTAR AL SEAL tIICHELLE ELLtOTT, NOTARY PUBLIC HUMI~ELSTOWN, DAUPHIN COUNTY, PA I~ COIltilSSlON EXPIRES ,lURE ~, 2~ IN TH-E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, ffk/a THE FIRST : NATIONAL BANK OF MARYLAND, : successor by merger to DAUPHIN DEPOSIT : BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term VS. Plaintiff, LESLIE G. HOFFER, Defendant. IMPORTANT NOTICE TO: Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 DATE OF NOTICE: April 1, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER iMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO 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, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term AVISO IMPORTANTE A. Leslie G. Hoffer FECHA DEL AVISO: April 1, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO 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 AVISO, SE PUEDE DICTAR UN FAELO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYU'DA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, SM~ONNELLY LLP DATE: z~//] 1~-' BY: /f~../'~,,/gk/ Sc/off A~'~bt~erick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term IMPORTANT NOTICE TO: Leslie G. Holler 213 E. Locust Street Mechanicsburg, PA 17055 DATE OF NOTICE: April 1, 2002 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO 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, PA 17013 Phone (717) 249-3166 (800) 990-9108 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term AVISO IMPORTANTE A. Leslie G. Hoffer FECHA DEL AVISO: April 1, 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO 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 AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES, SM~ONNELLY LLP pS c;~~e~ck, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 CASE NO: 2001' ~960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT at 5340 OXFORD CIRCLE APT 46 , at 1738:00 HOURS, on the 7th day of March , 2002 MECHANICSBURG, PA 17055 by handing to LESLIE G HOFFER 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 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CON-NELLY By: /epu~t~~ Prothonotary CA,SE NO.: 2001- :~960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT at 213 E LOCUST STREET , at 1752:00 HOURS, on the 7th day of March MECHA_NICSBURG, PA 17055 POSTED PROPERTY AT 213 E by handing to LOCUST LANE MECHANICSBURG a true and attested copy of COMPLAINT - MORT FORE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Posting 6.00 Surcharge 10.00 .00 28.90 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY ~t~ S~eri~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Leslie G. Hoffer ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $63,218.00 plus interest on the principal sum ($54,095.73) from April 15, 2002, at the rate of $12.40 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, fJk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 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 fall to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: ~ I - o~{~(~5 AVISO USTED HA SIDO DEMONDADO/A 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 Aviso radicando personalmente o 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 le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya pot la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 3' &t5 CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfirst Bank, ffk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, which has a place of business at P.O. Box 77408, Ewing, New Jersey 08628. 2. The Defendant, Leslie G. Hoffer, is an adult individual whose last known address is 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055. 3. On or about June 16, 1993, Defendant executed a Note in favor of Plaintiff in the original principal amount of $59,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 16, 1993, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $59,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 25, 1993, in Mortgage Book Volume 1145, Page 506. 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. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about June 26, 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 of 1974, 41 P.S. §101, et seq. A true and correct copy of said Notices is marked Exhibit "C", attached hereto and made a part hereof. 8. The mount due and owing Plaintiff by Defendant is as follows: Principal $ 54,095.73 Interest through 10/12/01 $ 2,752.80 Late Charges $ 129.27 Escrow Advance $ 518.93 Other Fees $ 16.45 Attorney's Fees $ 800.00 Court, Sheriff& Title Costs $ 2.500.00 TOTAL $ 60,813.18 plus interest on the principal sum ($54,095.73) from October 12, 2001, at the rate of $12.40 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 U.S.C. § 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, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different fi.om above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $60,813.18, with interest thereon at the rate of $12.40 per diem fi.om October 12, 2001 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, S ,~~& CONNELLY LLP BY: '?'.V scott 3/. D/Fttenck, esqmre Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE LOANNO. 90-154}-0 1993 Camp Hill Pennsylvan ia [Data] [City] [State] 213 East Locust Street,Mechan icsburg,PA [7055 [Property N:ldresa] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ s 0,000.00 (this amount is called "principal'), plus Interest, ~0 the order of the Lender. The Lender is DAUPHIN DEPOS[T BANK AN0 TRUST COMPANY. ~ 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 rate of s. 2500 %. The Interest rate required by this Section 2 is the rate I will pay both before and after any default described in SecUon 6(S) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ! s t day of each month beginning on A u g u s t [ [ 9 9 3 w 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 to Interest before principal. If, on J u 1 y [, 2023, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P. 0. 0 o x 4 5 4 4 H A R R I S B U R G , P A [ 7 Z 1 Z or at a different place if required by the Note Holder. (Bi Amount of Monthly Payments My monthly payment will be In the amount of U.S, $ 4 4 3.2 5. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder In writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. 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 collected 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 (il) any sums already collected fmra me which exceeded permitted 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 reduces 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 ! s calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0 0 0 0 % of my overdue payment of principal and Interest. I will pay this late charge promptly but only once on each late payment. (Bi Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. M ULTISTATE FIXED RATE NOTE-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3200 12/83 ISC/CNOT**//0592/3200(12-83)-L PAGE 1 OF 2 (C) Notice c, Default LOAN NO. 9 0 - 1 5 4 7 - 0 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 Nots 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 I am in default at a later time. (El Payment of Note Holder's Co~ts ,,nd 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 beck by me for ell 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. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. 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 stated in Section 3(Al above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS 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 Nots, inclucllng 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 obllgstions, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or againat all of us together. This means that any one 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 to give notice !.o 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 Security 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 follows: Transfer of the Properly or · Beneficial Interest in Borrower. If alt 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 parson) 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 fedsral 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 pedod of not less than 30 days from the date the notice is deitvered 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. L.~.~,~ ~t/~_.~ {~.~ -~e~ai~wer L~slie 6 Hof f ,~-/~ ' -Borrower (Seal) (Seal) -Borrower -Borrower (Sign Original Only) MULTISTATE FIXED RATE NOTE-Sll .E F,.. ,~.Y-I~i~i;iA/FHLMC UNIFORM INSTRUMENT EXHIBIT "B" AFTER RECORDING MAIL TO: DAUPHIN DEPOSIT SANK AND TRUST CONPANY P.D. Box 4644 HARRISBURG, PA 17111 ,.,,.,,, 25 ?¢I 12 38 LOAN NO. 90-1547-0 [Space Above This Une For Recording Data]. HORTSAGE THIS MORTGAGE ("Security Instrument") is given on J u, e 1 O, z S 9 S Leslie 6. Noffer · The mortgagor is ("BorroWer"). This Security Instrument Is given to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, which is organized and existing under the laws of , ' and whose address is P. 0. 9 o x 4 B 44, H A R R ! S 9 U R G, P A Z 7 ! ! Z {"Lender"). Borrower owes Lender the principal sum of F ~ f t y N I n e T h o u s a n d D o I 1 a r s a n d n o / i 0 0 Dollars (U.S. $ s 9, 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 eadier, due and payable on J u 1 y 1 , z 0 E 3 . 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 Secudty 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 D a u p h t n County, Pennsylvania: BEING MORE FULLY DESCRIBED ACCORDING TO LEGAL DESCRIPTION All'ACHED HERETO AND MADE A PART HEREOF. whlch has the addresa of 213 East Locust Street Mechantcsburg [Street] [City] Pennsylvania ! ? 0 5 5 ("Property Address"); [7]p Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part ofthe property. All replacements and additions shall also be covered by this Security Instrument. Ail of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully salsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all alalms and demands, subject to any encumbrances of record. PENNSYLVANIA"SlNGLEFAMILY-FNMA/FHLMCUNIFORMINSTRUMENT ~'~.~.~5 ~AC[ 50~ FORM 3039 S/90 ~SC/CMDTPA//0391/303S(9.90).L PAGE 1 OF S ' LOAI~ :N~). 9 0 - I 5 4 7 - 0 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited varletlons 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 bythe 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 warVer by Lender, Borrower shell 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) yeady leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property Insurance premlums; (d) yearly ifood Insurance premiums, if any; (e) yearly mortgage Insurance premiums, if any; and (f) any sums. payable by Borrower to Lender, In accordance with the provisions of paragraph 8, In lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds In an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federel Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et saq. ("RESPA'), unless another law that applies to the Funds sets a lesser amount, if so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender Is such an Institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually anelyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge· However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or esrnlngs on the Funds. Borrower and Lender may agree in writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annuel accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for ell sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time Is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the defiblency in no more than twelve monthly payments, at Lender's sole dlecretlon. 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 shell 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 ss a credit against the sums secured by this Security Instrument. 3. Application of Payments. Urdesa 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 ell 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 pro¥ided In paregrsph 2, or if not peld in that manner, Borrower shall pay them on time directly to the parson 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 obligaUon secured by the lien in s manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien In, legal proceedings which.in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security lnstrumenL If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including ifoods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carder providing the insurance shall be chosen by Borrower subject to Lender's approval which sbelt not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's opt/on, obtair~ coverage to protect Lender's rights.in the Property in accordance with paragraph 7. PENNsyLVA~NIA--$1NGLEFAMI' ~p~-~.~': ~FO~ST~t~MEt, rr ~'~"t~.-{5 PAC[ 50'~ FORM 3039 9/90 ~%C/CMDTPA//o3g 1/3039 (9-90)-. -' PAGE 2OF6 ~.OAN NO. 90-1s47-0 All Insurance policies and renewals shall be acceptable to Lender J~n~,,sh;dl tr~lude h st;~ndard mortgage clause. Lender shall have the fight to hold the policies and renewalS. If Lender requires,' I~orrower sh;~ll'promptly give to Lender ell receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the Insurance carrier and Lender. Lender may make proof of loss If not mede promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, Insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair Is economically feasible and Lender's security Is not lessened. If the restoration or repair is not economically feasible or Lender's eecurity 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 shell not extend or postpone the due date of the monthly payments referred to n paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceede 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 oftha Property; Borro~ver's Loan Application; Leaseholds. Borrower shall occupy, sstabllsh, and uea the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith Judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security Interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default If Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrument, or there is a legal procaedlng that may significantly affect Lender's rights In the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additlonal debt of Borrower secured by this Security Instrument. Unleas Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall paythe 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, ata cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. AC£ 508 PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 3039 9/90 ISC/CMDTPA//0391/3039 (9-90) .L PAGE 3 OF e LOAN NO. 90-1547-0 In the event of a total taking of the Property, the proceeds shalFb~, applied.to the,s6~ns 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 Property Immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking is less than the amount of the sums secured Immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or If, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice Is given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such pa. yments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower'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. Suooeasors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of thls Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be Joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security instrument only to mortgage, grant and convey that Borrower's Interest In the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which sets maximum oan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note, 14. Notices. Any nottce to Borrower provided for in this Security Instrument shall be given by delivering it or b;, 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 deslgnatse by notice to Lender. Any notice to Lender shall be given by first class mall to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender wh, en given as provided in this paragraph. 15. Governing Law; Severabitity. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of'this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument· If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender maY invoke any remedies permitted by this Security Instrument without further not ce or demand on Borrower P~NNSYL.vANIA--SINGLE FAMILY- ~A/;:~LMC~qFORM NSTRUMENT FORM 3039 9/90 rSC/CMDTPA//O391/3039(9-90).L ' PAGE 4 OF 6 ~'LOAN NO. 90-1547-0 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: (al 5 days.(0r such other per od as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those obndit~3ns are that Borrower: (al pays Lender all sums which then would be due under th s Security nstrument asd~he Note as if no acceleration had occurred (b) cures any default of any other covenants or agreemect?i (c) pa~ys~l'~xpenses incurred in enforcing this Security Instrument, Including, but not limited to reasonable attorneys fee,s; ~nd (d) takes such act on 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~. ".Up-qn reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remafn fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer"} that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change In accordance with paragraph 14. above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that al,y removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (al 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 epecltled may result in acceleration of the sums secured by this Security Instrument, foreclosure ' by judicial procesding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as epecifted, Lender at its option ma~/require Immediate_payment in full of all sums secured by this Security Instrument without further demand anomay foreclose this uecurity 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, affornsys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. Alter such occurrence, Lender shall discharge and satlsfythis Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefft of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. PENNSYLVANIA-SINGLE FAMILY-FNMA/FI.ILNIC UNIFORM iNSTRUMENT FORM 3039 9/90 ISC/CMDTPA//O391/3039(9.90).L PAGE 5 OF 6 LOAN NO. 90-1547- 0 24. Flsinatatement Period. Borrow.e? time to reinstate provided !nga, ragraph 18 shell extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale Pursuant to.ti'ilo Security Instrument. 25. Purchase Money Mortgage. If any of the debt sacured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be s pumhesa money mortgage. 26. Intere,,t Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Elders to this Security In$fl'umant. If one or more riders are executed by Borrower end recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall emend and supplement the covenants end agreements of this Security Instrument es If the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [] Adjustable Rate Rider [] Condominium Rider [] 1 --4 Family Rider [] Graduated Payment Rider [] Planned Unit Development Rider [] Biweekly Payment Rider [] Balloon Rider [] Rate Improvement Rider [] Second Home Rider []Other(s) [specify] BY SIGNING BELOW, Borrower accep~ and agrees to the terms and covenants contained In this Security Instrument and In any rider(s) executed by Borrower and recorded with It. Witnessed as to all: Social Securlty Number ~ / A Social Security Number N / A Social Security Number N / ^ Social Security Number N / A [Space Below This Une For Acknowledgment], Certlficate,o~ R~sideno, e / I, (~/&'/~/'~ c"//c (/~/'~(~.2' , do hereby certify that the correct address of the within-named Mortgagee,isP,0. Box 4644. HARRIS~R6, PA 17111,, Witness my hand this //. 7~ day of /7~//](~ /~/~.~ [ ~ / CO~tO~I,Wth~eLTH~P. ENN~YLVANI~' ~'~~ Oounty:.nt°fM0 Les ~,es~.eH/o~ff.~ay° ~":/~'~' ¢ ,beforeme, the undorsigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the acknowledged that h e / s h e executed the same for the purposes herein contained. IN WITNESS WHEREOF, I.heraunto set my hand and official seal. My Comm se on exp res //~/~ '~ ~'{,'~,~,~/~,..~A~ ~-~ PENNSYLVANIA-SINGLE FAMILY 'MA,/~LM~J~.NIFORM INSTRUMENT iSC/CMDTPAM0391/3039(9-90)-I :: : PAGE 6 OF 6 FORM 3039 9/90 EXHIBIT "C" allfirst June 26, 2001 Leslie G Hoffer 213 E Locust St Hechanicsbur~ PA 17055 Certified Mail No. Account No. 0001987635 Mortgaged Property: 213 E Locust St Mechanicsbur~ PA 17055 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE ~ YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default a~d y~ur rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No. 6), 41 P.S. Section 403); OR 2. · APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGP~AM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU 'M3~KE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the pro~ram works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, ~983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the Pennsylvania Housin~ Finance Agency at 1-800-342-2397. LA NOTIFICACtON 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 TRkDUCCION INMEDITAMENTE LLAMAND0 ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NI3MERO MENCIONADO ARRIBA. PUEDES SEE ELEGIBLE PARA,UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CkSA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGP~AM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. ~F YOU COMPLY WITH THE PROVISIONS OF TEE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("TEE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASOND~BLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AIND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TEE PEI~NSYLVD~NIA HOUSING FINANCE AGENCY, PLEASE REED ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XC177 004 JCD For Customer Service Inquiries call (888) 289-4610 Page 2 Loan No. 0001987635 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. Durin~ that time you must arrange and attend a "face-to-face" meetin~ with a representative of the creditor or with a designated consumer credit counselin~ a~ency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING'MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Ewing, NJ 08628 Telephone Numbe~: 1-888-289-4610 Cdntact Person: MS. PULLI · CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or ,with a consumer credit counselin~ agency identified in this notice, the creditor may NOT take action a~ainst you for thirty (30) days after the date of this meeting. THE ND24ES AiTD ADDRESSES OF DESIGNATED CONSUMER CREDIT GOUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWI~ ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, 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 a~encies listed on the attachment. Only consumer credit counseling aqencies have applications for the program and they will assist you in subm±ttin~ a complete application to the Pennsylvania Housing Finance A~ency. Your applicatio~ MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY A2qD 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 A~encyunder the eligibility criteria established by the Act. It is extremely important that your XC178 008 JCD Page 3 Loan NO. 0001987635 application is accurate and complete in every respect. 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 Rousing Finance Agency of it's decision on your application. THE PENNSYLVANIA ROUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED REARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 213 E Locust St , Mechanlcsburg PA 17055 IS .SERIOUSLY IN DEFAULT because: are now past due: Rayraents of Principal and Interest: 1329.75 Escrow Payments: 245.22 Late charges: 66.48 Attorney Fees/Costs 125.00 Other Charges: 16.25 TOTAL AMOUNT PAST DUE: 1782.90 "YOU RAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS. The following amounts B. YOU RAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOAN HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 009 JCD Page ~ Loan No. 0001987635 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 CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. IF YOU CURE THE 'DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpa±d principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. 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 CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS A/CY COSTS CONNECTED WITH THE FORECLOSURE SALE A_ND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ~ OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC180 008 JCD Page 5 Loan No. 0001987635 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your righ~ to occupy £t. 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 creditor at any time. OTHER RIGETS THAT YOU HAVE - You have additional rights to help protect your interest in the property. YOU ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEy FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO SELL OR TRANSFER TEE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES DdFD ATTORNEY'S FEES AND COSTS ARE PAID TO OR ATTHE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED~ CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT ~EXIST. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ~ TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TEE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ~ OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE CREDITOR. *TO SEEK PROTECTION UNDER TEE FEDERAL BANKRUPTCY LAW. Sincerely, Angela M. Berntson Second Vice President KC181 011 JCD THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. Certified Fee Return Receipt Fee (Endomement Required) Restricted Del ve~, Fee Endorse~3ent Required) Total Postage & Fees $ US Postal Service Postmark Here Certified Mail Recei VERIFICATION I, Audrey J. Rosario-Otero, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. SHERIFF'S RETURN CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND ALLFIRST BANK ET AL VS HOFFER LESLIE G R. Thomas Kline ,Sheriff or Deputy Sheriff, duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT HOFFER LESLIE G unable to locate Her in his bailiwick. COMPLAINT - MORT FORE who being search and but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , HOFFER LESLIE G PER POST OFFICE, LESLIE HOFFER MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 18.00 Service 6.50 Not Found 5.00 Surcharge 10.00 .00 39.50 Sheriff of Cumberland County JAMES SMITH DURKIN CONNELLY i0/3i/200i Sworn and subscribed to before me this ~g'~ day of~ A.D. Pr~t~onot ary 'HOV 1_ ZOO1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term ORDER OF COURT AND NOW, this ~ ~" day of d/tet,.~e ,2001, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant, Leslie G. Hoffer, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055 and by mailing a copy to Defendant's last known address, being 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and publication in accordance with Pa.R.C.P. 430. BY THE COURT: / VtNVA'bLSNN'Jd LO:q l~d L~AONIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFiRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, LESLIE G. HOFFER, Defendant, CIVIL DIVISION NO.: 01-5960 Civil Term ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT FILE ON BEHALF OF: Allfirst Bank, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, CIVIL DIVISION NO.: 01-5960 Civil Term Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARy: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and nUmber reinstated. Respectfully submitted, BY: JAMES, SMI I'H, DURKIN & CONNELLY LLP Atto eys for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, LESLIE G. HOFFER, Defendant, CIVIL DIVISION NO.: 01-5960 Civil Term ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT FILE ON BEHALF OF: Allfirst Bank, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Respectfully submitted, JAMES, SM FH, DLrRKIN & CONNELLY LLP k.~Dietterick, Esquire Attorneys for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served ~Pon HOFFER LESLIE G the DEFENDANT , at 1738:00 HOURS, on the 7th day of March at 5340 OXFORD CIRCLE APT 46 MECHANICSBURG, PA 17055 by handing to LESLIE G HOFFER a true and attested copy of COMPLAINT - MORT FORE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this /~ ~ day of ~ o2~ A.D. rothonotary So Answers: R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY /eput~ Sb~rif~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT , at 1752:00 HOURS, on the 7th day of March at 213 E LOCUST STREET MECHANICSBURG, PA 17055 POSTED PROPERTY AT 213 E a true and attested copy of COMPLAINT - MORT FORE , 2002 by handing to LOCUST LANE MECHANICSBURG together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 6.90 Posting 6.00 Surcharge 10.00 .00 28.90 Sworn and Subscribed to before me this ~ day of ~ ~2~ a.D. / ;Profhonotar~V/-/' So Answers: R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY By: /D~ut~ S~eri~ ~ IN Tf~ ~ OF ~ PLEAS OF ~F. RLA~D flDt~%'I~, P~VAhlIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, LESLIE G. HOFFER, CMLDI¥ISION File No. 01-5960 Civil Term Amount Due $63,218.00 Interest from 4/15/02 to date of sale $2,256.80 Atty's Conm Costs Defendant. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRABCIPE FOR EXEL'~TION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) see attached Exhibit "A" PRAECIPE FOR AT~Af~T~N~ EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as a~ove, directing attachment against the above-n~-ned 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(~ ~ a lis,~Dendens against real estate of4the~efendant(s) described in the attached Print Name: $co~ ~rick, Esquire James, Smith, Durkin & Connelly, LLP Address: P.O. Box 650 Hershey, PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR. C.P. No. 3129). If lengthy personalty list, supply four copzes of list. To index writ, file separate praecipe with writ. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanic sburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly of H.R. Helfrich now of J'. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the eXPense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Sheet, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiety or. equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by m~rger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank ffk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, 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 213 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. Name and Address of Owner(s) or Reputed Owner(s): LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgmem is a record lien on the real property to be sold: ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg, PA 17055 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 Pla'mtiffhas 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 unswom falsification to authorities. DATED: JAMES, SMITH,~LLY BY: /i I Ill V Scott A.~12~e~ire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanic sburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly of H.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly I4 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described tot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege ora certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stamhaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiety or. equal half part of all necessary charges and expenses which shall from time to time accrue m maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2002, 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 i~: 213 E. Locust Street Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Leslie G. Hoffer 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 mtmicipalities 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 Sheriffofthe 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 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 Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other 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 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 fi.om the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: JAMES, SMIT~ELLY LLP BY: i,/ I r~,,-f--~V I / Scott A. ]bicltterick, Esquir~ Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 _ Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly i4 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege ora certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Holler, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5960 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK/F/K/A THE FIRST NATIONAL BANK OF MARYLAND, SUCCESSOR BE MERGER TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff (s) From LESLIE G. HOFFER, 5340 OXFORD CIRCLE, APT 46, MECHANICSBURG, PA 17055 (1) You are direct~ed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; Co) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $63,218.00 L.L. $.50 Interest FROM 4/15/02 TO DATE OF SALE $2,256.80 Atty's Corem % Due Prothy Arty Paid $216.49 Other Costs Plaintiff Paid Date: JUNE 4, 2002 $1.00 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DURKIN & CONNELLY, LLP P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendants. CIVIL DMSION NO.: 01-5960 CIVIL TERM ISSUE NO.i: TYPE OF I~LEADING: Pa.R.C.P. ~ULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDaNTS/OWNERS ~ OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Allfirst Ban Bank of Ma merger to D and Trust G COUNSEL PARTY: Scott A. Die Pa. I.D. #55~ c, f/k/a The First National ~yland, successor by auphin Deposit Bank )mpany, Plaintiff DF RECORD FOR THIS tterick, Esquire J50 1 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 65 Hershey, PA ) 17033 (717) 533-3,' 80 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term NOTICE OF SHERIFF'S SALE · OF_REAL PROPERTY PURSUANT 90 PENNSYLVANIA RULE OF CIVIL PROCEDiJRE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, peansylvania 17013 on Wednesday, September 4, 2002, 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 propertyi together with a brief mention of the buildings and any other major improvements erected On the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXI41]:tlT "A"). The LOCATION of your property to be sold is: 213 E. Locust Street Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Leslie G. Holler 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 filec~ 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 excqptions to it, within ten (10) days of the date it is filed. Information about the Schedule 6fDistribution may be obtained from the Sheriff of the Court of Common Pleas of Cuml~erland 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. 14 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 Imore specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPEt~ TO yOUR LAW~FER ~kT 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 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 Sheriffs Sale, you may file a petitio~a 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 Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues 0r rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be s~rved on the attorney for the creditor or on the creditor before presentation to the Court and a proposec~order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the (2ourt Administrator's Office, Cumberland County Courthouse, One Courth(~use Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentatlon of the petition to the Court. DATED: JAMES, SMIT~ONNELLY LLP Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 _ 'Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence alonglsaid lot now of J. Dale Bear, northwardly through the center or,said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center ora frame partition wall southwardly 139 feet, more 0r less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet I 1 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a flame dwelling house numbered 213 East Locust Street. SUBJECT, HOW'EVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the EaSt, by the owners and occupiers of the said lot of ground adjoining on the East in common with !the owners and occupiers of the lot of ground hereby conveyed; the expense of maintainihg the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege ora certain pr/vate alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot o~ ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, ownerg, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occu~Piers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the o~ners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which ~hall fi'om time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a isingle woman. Parcel No.: 17-23-0565-138 Exhibit "A" · Co,plate items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the.reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1 Article Addressed to: G 5:5L40 2. Article Number (Copy from service label) PS'Forn~ 3811; J¢y 1999 7001 Domestic Return Receipt C. Sign~/~m ,'/ ~ X /~O ,J ~)t""b '~LJ~ I-] Agent S/~~ ~ ~ A~re~ D.Is deliv~ address d~ ~~ Yes If YES, enter de,ive~ ~%No 3. Se~ice~ e % ~ ~ ~"ifi~ Mail ~ E ~ ~ Registered ~ RetUrn Receipt for Memhandise ~ Insured Mai[ ~ C.O.D. 4. Restricted Deliver? (E~m ~) ~ Yes ~fl~D DDDH E587 77fl3 102595-00-M-0952 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DALrPHIN DEPOSIT BANK AND TRUST COMPANY, VS. Plaintiff, LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term NOTICE TO LIENHOLDERS AND OTHER PART S IN INTEREST ._PURSUANT TO Pa.R.C.P. 3129(b) TO: Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 ~ TAKE NOTICE that by virtue of the above Writ of Execution issued out of th .C. ommon Pleas of Cumberland County Pe ..... ~-~-: ........ e Court of airected, there will be .... ,~ ~^ ~_~,:,~ ,, ~,~.y~,.ama, ana to me ~nenffofCumberland County, CUMBERLAND COUNTY COURTHOUSE · South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:00 a.m., the following described real estate which Leslie G. Hoffer 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 off , 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, VS. Plaintiff, LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of $63,218.00, 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% 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 Sheriffno 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. JAh~ES, SMITH, DURKIN CONNEL~ Scott A,'/. t/SiettCerick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 f6et 11 inches, more or less, to a point at comer of other lot ofTolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more oriless, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwellinghouse numbered 2113 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the Eas~ by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set tbrth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Offide at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ~ ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; togetherlwith a free ingre.ss, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, itenants and occupiers of the lot of grotmd adjoining and adjacent on the West, so that the said RaYmond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the oWners, tenants and occupiers of the said lot of ground adjacent and a~joining On the West, subj6ct, nevertheless, to the moiety or equal half part of all necessary charges and expenses which sh~ll from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberlhnd County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term 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, PA 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 0 South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:00 a.m., the following described real estate which Leslie G. Holler 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: 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of $63,218.00, 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 ibe 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, SM]~TIt, DU~{IN & CONNE~ PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tmet or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by tile line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly ll 4 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said describedlot of gr, ound, and partly on the lot adjoining on the Easti by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owner~ of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. l~oy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ~ ALSO SUBJECT, NEVERTHELESS, to the free and uninterruptedl use, liberty and privilege ora certain private alley or passageway 4 feet, more or less, in width running in a northerly direction ~'rom said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; togetheriwith a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common w/th the said Tolbert C. Stambaugh, his heirs and assigns, owners, itenants and occupiers of the lot of groand adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common w/th the owners, tenants and occupiers of the said lot of ground adjacent and adjoining un the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term .NOTICE TO LIENHOLDERS AND OTHER PARTI~ S IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations , Cumberland County Courthouse One Courthouse Square Carlisle, PA 170'13 ~ TAKE NOTICE that by virtue of the above Wr/t 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 September 4, 2002 at 10:00 a.m., the following described real estate whibh Leslie G. Hoffer is the owner or reputed owner and on which you may hold a lien or have an inter~st which could be affected by the sale of.' 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS.EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, VS. Plaintiff, LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of $63,218.00, plus interest and qosts. Claims against property must be filed at the Office of the Sheriffb~fore above sale date. Claims to proceeds must be made with the Office of the Sherif~f befOre distribution. Schedule of Disttibution will be filed with the Office of the Sheriffno later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must ibe filed with the Office of the Sheriffno 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. JA~ES, SMITH, DURKIN~& CONNEL~ PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly of H.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14[feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence byithe line of said lot and through the center of a frame partition wall southwardly 139 feet, more 6r less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING.- HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of g/2ound, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common wi~ the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the oVmers of the lot hereby conveyed. The said easement being more fully set forth in the deed of JaCob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ~ ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in Width running in a northerly direction from said Locust Street, and located partly on the lot 4f ground hereby conveyed and partly on the lot adjoining and adjacent on the West; togetl~er with a free ir~gres~s, egress and regress into over and along said alley or passageway at all tim~s hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of groflnd adjoining and adjacent on the West, so that the said Rgymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occgPiers of the said lot of ground above described shall at all times hereafter have and enjoy the fre~ and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common w/th the (bwners, tenants and occupiers of the said lot of ground adjacent and a~joining on the West, sul~ject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which ~hall from time to time' accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol ThOmas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumb&rland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, ~ single woman. Parcel No.: 17-23-0565-138 Exhibit "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~' SS: J I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ?arkton Enterprises Inc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 32002, under and by virtue ora writ Execution issued on the 4th day of June, A.D. ~2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5960, at the suit of Allfirst Bank fka First Natl Bk of Maryland against Leslie G Hoffer is duly recorded in Sheriff's Deed Book No. 253, Page 3241. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 72 day of Sept, A.D. 12002. Recorder of Deeds Allfirst Bank, f/k/a The First National Bank of Maryland, successor by merger To Dauphin Deposit Bank and Trust Company VS Leslie G. Hoffer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5960 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 12, 2002 at 6:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Leslie G. Hoffer, by making known unto Leslie Hoffer, personally, at 5340 Oxford Cimle, Apt. 46, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 9:58 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Leslie G. Hoffer located at 213 E. Locust Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Leslie G. Hoffer, by regular mail to her last known address of 5340 Oxford Circle, Apt. 46, Mechanicsburg, PA 17055. This letter was mailed under the date of July 16, 2002 and never returned to the SherifFs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick for Parkton Enterprises, Inc. It being the highest bid and the best price received for the same, Parkton Enterprises, Inc. of 11350 McCormick Rd., Suite 200, Hunt Valley, MD 21031, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $1,209.76, it being costs. Sheriff's Costs: Docketing $30.00 Poundage 23.72 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 14.49 Certified Mail 1.95 Levy 15.00 Surcharge 20.00 Law Journal 567.65 Patriot News 385.75 Share of Bills 25.20 Distribution of Proceeds Sheriff's Deed 25.00 29.50 $1,209.76 paid by attorney 9/17/02 Sworn and subscribed to before me So ~sw~'s: This do -a~day of~ R. Thomas Klin Prothonotary Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/Fda THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHiN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiffin 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 213 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. Name and Address of Owner(s) or Reputed Owner(s): LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 2. Name and Address of Defendant(s) in the Judgment: LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST BANK, f&/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHiN DEPOSIT BANK AND TRUST COMPANY Plaintiff MEMBERS FIRST FEDERAL CREDIT UNION 5. property: CUMBERLAND COUNTY TAX CLAIM BUREAU 5000 Louise Drive Mechanicsburg, PA 17055 Name and Address of every other person who has any record lien on the 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 p/operty 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 unswom falsification to authorities. DATED: JAMES, SMITH,~LLY BY: Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly of H.R. Helfr/ch now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly I4 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center ora frame partition wall southwardly I39 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the Iot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the Iot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at ail times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June I6, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiffi VS. LESLIE G. HOFFER, Defendant. CIVIL DIVISION NO.: 01-5960 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2002, 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: 213 E. Locust Street Mechanicsburg, PA 17055 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01~5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Leslie G. Hoffer 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 YOI 1 CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 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 Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other 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 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. Ifa 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, SMIT~NNELLY BY: ;,./I,L~ Scott A. lbietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly of H.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly I39 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the West, subject, nevertheless, to the moiyty o[ equal half part of all necessary charges and expenses which shall from time to time accrue m mmntaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-5960 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK/FfK/A THE FIRST NATIONAL BANK OF MARYLAND, SUCCESSOR BE MERGER TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff (s) From LESLIE G. HOFFER, 5340 OXFORD CIRCLE, APT 46, MECHANICSBURG, PA 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $63,218.00 L.L. $.50 Interest FROM 4/15/02 TO DATE OF SALE $2,256.80 Atty's Corem % Due Prothy $1.00 Atty Paid $216.49 Other Costs Plaimiff Paid Date: JUNE 4, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DURKIN & CONNELLY, LLP P.O.BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 71%533-3280 Supreme Court ID No. 55650 Real Estate Sale # 34 On June 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 213 E. Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 6, 2002 By: Real Estate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that ail allegations in the foregoing statements as to time, place and character of publication are tree. ditor~ SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 ESTATE SALE NO. 34 Writ No. 2001-5960 Civil Allltrst Bank, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposlt Baz~k and Trust Company VS. Leslie G. Hoffer AtW.: Scott & Dietteriek EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or par~ eel of land and premises situate, ly- ing and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at corner of property for- merly of H.R. Helfrieh now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley: thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at corner of other lot of Tolbert C, Stambaugh: thence by the line of said lot and through the cen- ter of a frame partition wall south- wardly 139 feet, more or less, to a point on the building line of said Locust Street: thence by said bulld~ lng line eastwardly 14 feet 11 inches, more or less, to the place of BE- GINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said de- scribed lot of ground, and partly on the lot adjoiinng on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintain- lng the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said ease- merit being more fully set forth in the deed of daeob H. Kaller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at carlisle, Perm- sylvania ha Deed Book 'Y'. Volume 8, page 67. ALSO sUBJECT, NEVERTHE- LESS, to the free and uninterrupted use, liberty mad privilege of a cer- tain private alley or passageway 4 feet, more or less. in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West: together with a free ingress, egress mad regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbart C. Stambaugb. his heirs and assigns, owners, tenants and occu- piers of the lot of ground adjoining and adjacent on the West. so that the said Raymond petorman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use. liberty and privilege of the said alley or pas- sageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, ten- ants and occupiers of the said lot of ground adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from tmie to time ac- crue in maintaining, upkeeping, amending, repairing and cleansing ~~VER. to the use of the sink located at a point partly on the East side of the said de scribed lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the eXpense of maintain- ing the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said ease- ment being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Perm- sylvania in Deed Book 'y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHE- LESS. to the free and uninterrupted use, liberty and privilege of a eer- hain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street. and located partly on the lot of ground hereby conveyed and partly on the lot adjoirdng and adjacent on the West: together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh. his heirs and assigns, owners, tenants and occu- piers of the lot of ground adjoiaing and adjacent on the West. so that the said Raymond Peterman and Sadie Peterrnan, his wife. their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use. liberty and privilege of the said alley or pas- sageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West. in common with the owners, ten- ants and occupiers of the said lot of ground adjacent and adjoining on the West. subject, nevertheless, to the moiety or equal half pa~t of all necessary charges and expenses which shall from time to tlrne ac- crue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thom- as, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 In and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Th~ Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. S A L E #34 L~~°fN°tad~'My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 384.00 $ 1.75 $ 385.75 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sundav 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. REAL E ~TA'I'Ii ~ALE No. ~4 Writ A/lflrmt ~ tfl~n ~ Fir. t ~ B~nk COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j[ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which C H Residential Properties L L C is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue o£a writ Execution issued on the 4th day of June, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5960, at the suit of Allfirst Bank fka First National Bk of Maryland sbm Dauphin Dep Bk & Tr Co against Leslie G Hoffer is duly recorded in Sheriff's Deed Book No. 254, Page 826. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~,3 day of ~,),~c.- , A.D. 2002 ~'2'~ecorder of Deeds