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HomeMy WebLinkAbout01-04850r SAIDIS SNUFF, FLOWER & LINDSAY ATreRNEY3•A1•LAW 26 W. High Sheet Carlisle, PA Johnna J. Kopecky, Esquire ID # 53147 Saidis, ShUff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE You have been sued In court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717-249-3186 800 - 990 - 9108 NOTICIA Le han demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de fa fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717-249-3186 800 - 990 - 9108 Account no.0275.414-010655 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA ] 70] 3-2956 717-243-6222 MELLON BANK N. A., vi. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,~P~EN~NSYLVANIA CIVIL ACTION -Law MORTGAGE FORECLOSURE AND NOW, comes the Plaintiff, Mellon Bank N. A., by and through its attorneys, SAIDIS, SHUFF, SAIDIS SHUFF. FLOWER & LINDSAY 26 W. High Street Carlisle, PA FLOWER & LINDSAY, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Mellon Bank, N. A., is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at Two Mellon Bank Center, Pittsburgh, Pennsylvania, 17259. 2. The defendant(s) are Walter A. Loomis and Evelyne Loomis is/are an adult individual whose last known address is 437 North 2"d Street, Wormleysburg, PA 17043. 3. On or about November 14, 1997 the Defendants borrowed from and agreed to repay to Bank the sum of sixty three thousand one hundred and one and 40/100 dollars ($63,101.40) ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon situate in the, Cumberland County, Commonwealth of Pennsylvania known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. At all other times relevant hereto, Defendants remain the record and sole owners of the property. A description of the property is attached hereto, made a part hereof and marked as Exhibit "A". Account no. 0275.414-4010655 m f M 4. On or about November 19, 1997, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1417 Page 150. A copy of the Mortgage is attached hereto, made part hereof and marked as Exhibit "B". 5. The mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of defendants. 6. Under the terms and condition of the Note ("Note"), defendants agreed to make monthly payments to 1997, and continuing each month thereafter. 7. Defendants have breached the terms and conditions of the Mortgage and Note and are in default Bank in the amount of six hundred twenty-six and 99/100 dollars ($626.99) beginning December 27, under such terms and conditions because they have failed to make payment required in accordance with the terms thereof November 27`h, 2000 and subsequent months. 8. Defendants are presently indebted to Bank, as of July 25`", 2001 in the amount sixty-six thousand and Principal Balance $59,347. 67 Interest to and including 07/25/2001 at $15.27 per diem $ 3,956.27 Late Charges $ 202.44 Attorney collection tees $ 2,965.00 Total Due $66,471.38 SAIDIS SH[JFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 9. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they four hundred and seventy-one and 38/100 dollars ($66,471.38) itemized as follows: would pay, in addition to the charges listed in paragraph 8 above, cost incurred by Bank as a result of the institution of theses legal proceedings. 10. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $15.27 per diem, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys fees. 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P. L. 385 No. 91, 35 P. S. Section 1680.401c et seq., the Combined Act 91/6 Notice, Notice of Intent to Foreclose and of Defendant's rights under said Act was forwarded to defendants on May 24, Account no. 0275.414-4010655 3 2001 by United States mail, first class, postage pre-paid, and certified mail, return receipt requested. A copy of said Notice is attached hereto and marked as Exhibit "C". 12. Copies of the mailing receipts, postal forms 3817, evidencing receipt of said Notices are attached hereto and marked Exhibit "D". 13. As set forth above, Bank has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note. However, Defendants have refused and failed and continues to refuse and fail to cure this default WHEREFORE, Plaintiff Mellon Bank, N. A, demands judgment against Walter A. Loomis and Evelyne Loomis, defendant(s) in the amount of sixty-six thousand and four hundred and seventy-one and 38/100 dollars ($66,471.38) dollars plus interest at the rate of $15.27 per diem through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SI~IUF$ FLOWER & LINDSAY 26 W. High gheet Carlisle, PA Dated: August 01, 2001 Account no. 0275.414-4010655 By: na J. K cky, Esquire orney f laintiff Y MELLON BANK N. A., Plaintiff vii. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: CIVIL ACTION -Law MORTGAGE FORECLOSURE VERIFICATION I verify that statements made in this Complaint aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Mellon Bank, N. A. By::~ ~ ~ . EiReen Thiry SAIDIS SHUFF, FLOWER & LINDSAY ATYOR[~ffiYS•AT•I.AW 26 W. High Street Carlisle, PA Dated: ~'"/J/- d~ 5 --~~ 1`x^x WAL76A A. LOONIS BV6LYNE LOON14 Iu NELLON BANK, N. A. Nmx4er mama NELLON BANK N. A. P.O. 80% 149 PIT758UAGH, PA 152]0-0749 wls~n:l ons an4u LLW1L DESCRIPTIONI ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF WORMLEYSBURG IN TNL COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA AND BEING DESCRIBED IN A DEED DATED 10/24/87 AND RECORDED 30/28/87 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: 800% L-70 PAGE 4, u.m W.nw,l .~ aw nwa IIIN71M19 14ee c.d < EXNIBtf A -~ Mortgcge ®/ Melion Barsk I III~~I~I~II II~iI~flll"1~~~~III~II~I 14nmvhnnlu•NrriArllrlul lnrnMr n .•u.. •.•n.n .••rl u~•••' Thh \hM~e i• made thh 14 d:n al t1OVP.NREp 'fagwlhrr Nilh NI the hmbhne• :m.l Imp!.aarncm• rrra hvl Ihehn`n, the pfnrla'Lau :`n•1 nppurtrnanu• Iholaunlq ~j$$? . hlwern M9unrln L.:mA the rcana••n. ,rnA r. m:unAon. renr•., nvu~•. HALTER A. LO0N 45 :rnA (ru`bn mrrenl nll ul uma6 n hra'In.dhr a.rlird the '\hrtte:rtxvl I'n•pata' 1. EVELYtiF. LOOMS In lln+r MA'Lr llnid the •.nn. •m•.•tFnh•arn~.unl v..aa aa.un•amLn•n•rr.. f•wraaw. I huran.dlar aalla•I liw rCar.•Y't npd I•nnidarl. Ihwean, that ul•. •n p nu•. ;,, n: L:d..I Ihr r rhln'.• unn.Ib. r•L,h h.nPa tt.un. ,r hall na.h•.!ur:'ul N~LLOI: PANE. 9. A. Iheremnllet edkd "\UwlC:rtt'r"1 A. uv'J 6crrm. the nrm '\1url~.r}uu• rclrh mdnuluallv:md udlraina•Iv e.,rll \hntnq~ nn, and all .m'h p•ruma.hall M• booth :mJ v+rr.dh h•unA by the term. hehol. pfirrruw NALTF.P A LDONIS EVELYNF. L(EtN35 - Ihcrcma0rr lndn ulnalh and aollttOnia udlrA "Ihnnxavrl O+l lard mdchhN hr \tunpa}ar m Ihr pnnap:d wm nl ••563,101.40••• Ihdl:m l$ 57301.401 avldencaW M~ a nulc. umrt:lal ur Icner arl ch+ln apphenu•n 1"Ihe RotdlAateal 'rO•JENOF.p 14 !n+` 'lu vxvrtthe paa manl .•I all .unn ,hn' ur uhuh nen Ixa•nm due umh•r Iha ]nlc and .un .oral .JI can'mum..n nmu,•1. Ihcnvq u1 uhulr ur m p.m I:dl nl uhlah n ha9eln.llla r a.Alcd Ihr "f mb~rnmi 1. :md n• .raurc Ix'rlurm:ma' .•1 all uM1!;anum umler the Sane and Ihr. 1lnnpayx•. \i.•nfapn M Ihcv praxnn, mtcn.lmg lar ha• IeFalh' hmnd, d,x+ 4r.am. krtµm. KII and armaa' umu \taN¢a¢ec and at. uu'aa'wn. and aa•i~m all Ihat cen:nn phap•m .uhated in CUNAEALAND fuhnH. Penn.eh~ania.:md more p:rtlreulnrlc Jaonhad m 14h1M1 'A",:nlm'hcA hrrcw:md mule a earl herral: \Lwrpapw raprv'nn.u.rthrtn...•.•.!•••h. .nA .!rrar.rh.n Fin1: \haq•.ra••n xdl 4a.p.•nJ p. n•••m dl nx .•un.nm and :rerea ma m• a mn.vm d h• ra m M••nA: \\'nn. •,n pn,•r ~. rota r, a••n.rm •d \hn4•aMr. \Nnrurr•w •h.dl not a.wu' w Ix rmn h r.•1 rr cgnn.rhk bNr n•.rll .rt parr .n thr Vnnh• ..1 t•Irlx rla u• Ix nmr c.n.t In am rnha f p ra•gl ,.i rnUt:r M .. . •pGbrn nl 6ru, nl In .ma nrhar m.mnrr. uh. thn a~•Inn Ln•I'..a Im.dnn6nlh 'I hirA: \I.nh•.rr••r '•.mann rh.,l \U•rh•.nrn nun. nx fa'a umplc ntlr h• the \innra:+.I 1•n q•an•. `•a.:nnl al.:n rl all ham. aJalm...mJ amunaMam r. auapt Ihn•c n, uhnh \InnC.gra ha. u.mnnad m u; nlnr \Lrtq•er•n nncnam. Ihal the \Inrtc:ara.l IYa•pan .haB ~.mbmn' u` h' !IaW hat :md Jr:rt of all hrna, alarm., .mA anaumhranaa~ ouch e. caph~.h pTmrua.l Ix \I••I n•; .•r, m wrmm• kmrnh: \Ln N•ann \vll p.r. uhrn dm .rll tan., ..nra nn. ` .,n i • • h.n!••... .n .• ~:nmr rha \i.n h•.,nd Pr. Ivrn uhnh n,.n : u.nn pn.•ma •nct do I•an nl tlu. \Lnh•.nr II V. ,Ir., r.a Lnl. 1...6. .~., \I~~neaPu al tl..,.Ic .•plu •n na.n slur , uh raa'•. a a.mrm:, hala•. •v nOrar •halp•. V\L.II~..,rn'. r.gar.La\h•rlparol •IWI .Iah..r u!nla'n .'. e;~n.. .n ail .uaJl p.n nn nl• h• \L•rl YaLx a' fiAfi: llnnCpw .h:dl }aaI` rho \h mpai:d 1•n•p'm m !:•nnl h•p.nr, vaa phnc ,mh rr.nonuhh rat anJ irat \t..neapnr wdl Ix rmr. \I,.nca coa'U aaghawvarl h'prn'nl:nno• ha vmcr ul•~•n Iha \h nli.n•eA Pn•p4n al :ma rea.a m;rhlc bma Inr the purlxuc ul m•p•nnc Ihr n`ndahon ad Iha l}nh•arr.• Ih.•p~rn N nhn•al Iha• unttaat runty-nl .•I \tanr.gn:. \lonr.u.n adl ma Ix~nnn rrnnxal m drmnhnam •n mgn.•u m• nn nnu ,n hen'.dhr area IrA.•n E'~XHIBIT ~ the. Maxlpged Plopgrry, mtt~will Manpg!n pcrmil wa+rr nl the Monpgildld-Bmlleng rn al~enikm or.impmscmcnn mw a hereaher a on the Mnnpgd Pmycrty which wrmW mherrtly a0m In searkN value m dclerminul by Mnnpgcc. Slatlu The Iern Tamrdom suhsunaa' illdudes any auhsunaa, malegyb. nr wwtm thal arc nr hrxomc regulalcu hY alry gmsrnmiaiW awhmisy henuse of Im[i[. ImmmaMc, grpldsirc, grrnwive. readfwf, ndhmaive, or itthcr pnrpenia hiss may lie heratAuas to human hnlth M the envfronmrns, as~well as alry masdbb nr suhlsnas that arc IissW in the lJnhai Smp Depnlncm of Tninryrnasam Hararlkrm Malmub Tahk, asamended fmm lime to lima Munpptt wamrm Ihas Ihg Munpgcd Pnrpmry does nw mnninalry hadfd0le suhsmnxs argil Chas nn physinl mmJislrm,hanrdoua Mhuman finhh nrsafcry arc prrscnt an:/he'MorigdgeJ.PSOpcny. mxcpt m previnu+y.disaMrscd in Mmgap~e In wr111ny Mongagytt will ncilhtt nose nett pamiis: the Jeptwh, acelma, ar prlxllue of airy harardnm suhianias ar Iha crcatinn or caiatarrax of any physical miMli(ina ImnNom ur human health nr safety on the AfrertP,agal Pmpefly. Mnngaglrr will irrmply as Monpptt'x capdnx wish alb bas. rcllumlirins, ruhw. nNlnumes, and nrfkn of amna m prreramcasal agamtid rcgaMing Ihr Miinpa{ed Pnryolry, mw nr heieahry in e>rislcnre. including nos mn; Ilmltdl to thaw: rclatlng m hannkms suMralras. 11 MWigaprr falip to-do mr, Mmtghgec may, al fu aptkm, take airy anion is dCOU. in lu arch Jlsamkm m he nncvey to effianrc such mmpllartce. nr hahlliry al anv lime I or any oshR nlryssnl alry asW. sly liahlllllls nr ltwses tYf any type whakuxvcr which Mrrrigasec-may lover hY rcawe of any 6anrdnw suhsmmr.~ ar olkbr phyksl m8dithim which may cabs nn the Mmlpgal Pmpmly 81 8ny Ilmc; pr/Mdpl. hUMCVCr. IIWi If Mnrtgapa; ahalil aequirc anc puxKrsinn of the Maxtpgavl Property, M1toitpgor aAall have nu aMiplkm under this pngmph.oa aamulll of alry mlwitmn which may thcrcahcr aline into talbiClas and whkh was inn arlaed by a prcvkrwly cgbling.-mhdliba. Mdngdgnr's nhlipskms umkr thfa paragraph shall saMvc the mrminminn and sanxfaninn of Sesewk M9npgm shall keep the Mnrtpgcd Pnryreny imnral apfmit lass by Orq all ether ha7aNs umlcmpbuW t'Y the mrm 'enenlKd amnge,' and snch other risks and heralds ss Moitpigx shall rcyulrc, in such amrrunu as Mrmpgee shall ragalrc. k1nnpgrtt will purchase Ilmaf Imannce u arM b the nrcnl required by Mnnpgoc. Thc Imam nr inwrenwill De cmw.cn hY MlMpgrn, suhJm ur applovai by MlMpgem and appnwal shall inn he oataeoaahly trllhEaW. Ail Imunncc pulkka shall amuln mss p.yahle aiatub In laver of Monpga and shall M nagbbk by 1116Imurctasly abet poor wruten nlNhx by the Imnrcr m' Marrpgee. Mltttppr aMlt dclher wnucn avWanwnf a0 such lawnnn m Mnnnne. I( Mongagrw Isla n. nMam and keep m hnu• am nyurravl mwrawe ur Mds w Par ihr pnmmm. an sm~h msuraace. kMMpgcc al iu wlr opunn may rim ur do wr. In .Ike axes of hl... Mnnpgnr shall I,nc pramp mdnY to the imurcr aml Monpgac. Mangagac al its aplinn may ekxt m make pngf ob kux if Mnnpgrn drn~ mu rhr rt pnrmplry. sad ur lake anv action it deems navr±sary w prairvc Monpgrrr's ar .Mnrrgapci righu urWcr alry insurancelarlhy. SuhJe!7 In rhr righu of the M+Wcn of any prWr mrrnpgq insurance pnxcav(x shall R appliarf In ra>Inratinn nr mpair of nc~ Mnnpgpl Pn.pcrry ur m reducmm M -rhr ODlipshm. as Mmlppr may dilerminc in nx Mdc dL¢rctinn. Monpprr InrcM aplurinrs Manpgw and,iu suaxcsrrn and aniym as !1lrrngapxi anrttncp•in•faitm rndntx Munppr 1 name In am drab ar cluck wllia7ymry he payable In Munpg~x in order la adlttY wch insunner pnrucuds. - - b7ghth: Monpg.rr M1crchy agncs nr repay In Mrrnpgtc on dimand allwmx whkh Murrprgcc has clax7cd ur:pay under Paragmphx f`imnh aml Sa+'cmh and am~ ants whiila Mnnpgrr h:n incmna- in c+kmg aruom pcrmntcd M' Paragraph Sixn, and all such wms, ax will as am 1rnlNnb fur wnirh hLxrgaprt ha. agreed u, rmlrmmh >lnrtgagcr umlcr Paragraph Siwlh, mall. unnt npaW m lfonpRee. hr a pan of the Ohhgalmn :ind hat imrna al IhC Mghelr rate pcrmiucd M law Ihut ma cxuvWmg the arillrxYUw tale nr rmaw al inleMSl applinhk d+thr Ohlipl8m by the Icnm of the Nmcl. NIMhe Subject ur the righu of the Mrlda7x M airy prior monpgc. Mtrrlpgrtt hcrrlry assigns m Mrntpgx all Imroeals Ir( any awaN In umnttYinn wish arty anndemnalMn nr ether taking M Ihr Mnnpgcd. Property ar any pan- Ihcnvr4 m parmrm /or n+nvayance in Iku of amdrmwthm. Tmlh: I( Inc MarrpgaW Pmryrry ar am ryxrhm thcrmf urmi9s u(a unit in a nmdnminium ar a planned-unit JaxlopmcnL Mnrlppx-shall pinnrm a1F of Maxlpgix'x ohliptions under the dalarnnm or ancnanu a7caling.nr grmrning the nmJ+iminium nr planmrl unit dciclifpinenr; the hyInw.. tali... sang rcgulatbm of Ihr umaominium m planned unit da~clnpmcn6 anJ rclasaW Jnumc711s: Ifs annd,rminium ar plannrJ unit daxhrpmenl ridiT b e<ttmal M Monpplr sing rtt+xdni wish Inis Mnnpge, Ihr nnrnants and agrrrmcnrx of wch rider shall he incurpttatarl hrrcm as if IAc rWar wen a part hcmrf. b]erensh: In ardor kr further xarorc Mnngagcc in the eVrnl of dc(auh in the parmrnl of lhl• Ohligmnm nr in the pcnnrmancr by Mmlprrx ur am nl the nwrnann. umdnkmv, nr agreemcnu romainavl hrrem, Wmpprr hereby aawigm and Innslen m Mnnpga and' iu suacuarn and amigos any and all leases an the MrMgagad Propcny ar arty parr Ihcmd, mm raining nr which' Ihry herrahcr he made at any time, Ixllaher wllh arty and all rcntx, inuaw, sing pmhu arising fnxn the Mnnpgad 13U97 10109 Pnge Ida II +a N......,,a ~ 1..111,....: 111 iml•` aM ) 411111L:1I•ea' an:1II h:l\a• Ne Iw A nl la;ne legal ruxeel 1opa lhn 'MI mu1 tl\ lul )he o~lka uon .d the P: aN • ' r ~ ~ haMhh' Plnllefl\ nMll'r `:1111 Ie:IVY .Ir 111heM 1N1n In Ila'flnrm Pf alMlnafle :In\' IIIIR IIf m I e ` Illmml\ 1 mlN .lf \,Irlllll. nl\ I.I .U11 :Iml an :IINNnIM1 wllh l ]IMi I.I Inf an1011111 AIN' 1~:1 MI Uh N!.nm unAl'1 en:h kav>. nuI .Ndl h.D'a Intl aulhulvalN ~ 1 lu lake ry rwla h Iha• IC]Kf 111 ia) real.L rl Ihl Iht maunlnm .nmNnl o~l w:~ne. atW hnel I` G h . e all IenP un!k1 Ihr Icav, or •1l anA In I:Ike any :noon. Vd Pnglerly. f\e Sl n a ' w c rmlucA M' law. VuaFaaryll hcrcM hue rnyrnl.m••. aLn nl .:ud ~ F u p K aml nm the :nimn, i1 ACfma natil tilA' IU Iltt wah ka.e.. l all elrnp. In Ih[ ra•IGlv~a m .•I mgmvn„n an.l a\h'x,wn 11 ' inalM mFlfk ~H \furlFa~n:: n):N> unikf rem in alh'unae IA the Arne n n Mnfl~i1E'I l a li nf aaruuon, and the Ilene 111 Iclymtnl. m ea Nurrl;aplr `I'II mu cu n,l rcmeAl;, Id 4:.•nral'ae Jlle. - Ihal I:11 qtly w:IfranlV. \nvenanl, m 'llx• nehla a 'ihlrtrefllh: nnWcA hrtnn, m the ylae, .rt m :my rlhal al'rrcml'nt luo N : I TNrMh: In the a+em anntamed M1cln 1. hlcayhaW: IM am 1heMNC N p ~ i v'l Y1mC tt1lwlllenl PI, nr h'hNII IFI II'. Na' h:Al ro tl ' ' 1 Uf u aRretmenl, of warranty cimtmnaJ IntSm dpln wllh IhN ~111rIlIBLY' ICII(eYnlalhlp i f Mly h UMIK:lllun, In IgM `In[h. a.n. uurnda. 1n1.Nad mJ m:p k' I l 1'I:n ha' mlllla' M. :Illy' \tnl11;14nu In eunne f mnleadinp, lel :my delanh 1NCUr. um cl ' l . cmm~ialno . ..de 11M q!1n:1. nltl waaa'.•nch nl 41u1h!Aecc• l the Luhuc • : ' o u none. ily ptme. UI M• M• latmvul me \mc in am . ~ICa'manl as ulrnUnp. " 1 \ . ,1. nru'..Ala. n ~Lmle ~Ll. au91IVA a. r11cp 11 ma'Aa •b.Jl1n m• a.rol I A11\UIeI.I, II; III1 IIr 11111eMlti a'N'IInYINIn MIIM1IIhea/11nII1~N111. •m\ .nah nehl ~n la IM.Inel~•I IaIa.IY ~'IIIIt ~~111N 4hlrtR:lk111 In a1 nl a . Nln1a Nndet Ihf IfinP .d An\ ~nm9 n4N1YaaY' ••1 ^ n IIn11nrM;n1 ala':Illnr A hen nn Ihe. 44n1611N~1 {YI•Iw~11\: ICI a huWcnd'am hvn emumhvmc me 4lunpxca•A 1•u.pell\ of am Illnimn IIM1iv1i Iwhelh a\ImmfM'a'a IA lu IKIar11IV MIN„\I"Tha t Ikn .d Ihw \UlnFlpel lnlneadihM NI em'cme on •mh hen: Ifl am 4luil~ay+n hemmaw mvlAem ur makaw :m uu a m`•~BFr~ paK a Imtlla cravlnun: au Ipl any oclnm, pe 6hd nr ivmmenccA unika am aline ar Inleral him\ntpN\ or I~;;~;M\h ~~~ C IO~q Cjp :NXI1111nn`N1 hl']Cfl'LNOE elms ~rthim afxa+mtcm~`~xutm:K~^ary~l~^mll l~m n nnneMl `am IIINIxIn'nl Ihp fMheAINIn M whn'h arc u1M'MNI' pnnulnl M laws. \hmkak'ee may 4xav~hl!e uplm tM 4hrtlpaKed 1'1.1r1'n\ !'Imrtrrmh: 'I hC alnaneun..~nn11u,.N` .end .rcla4 n11nA1 allnlamad 6elenl •IaN Flnd Ix\11utIf ~C11t anJ the Iarla'v'mAlnf~. And .Nas Caa.ta nl .o ~ u1M., nA A,`vyn .Id 41.ng11 hioam ~h.lll mole ^. IM• h'ineerllM. 'ITI• 4hnre:n+• .h.lll 4 flnana'1t-m All nvllCal. M the law. ul i'enm\h.anrA II :m\ pnnwem hou'd ah:dl Ln :m. IaA' •nl IFa' h 11 „maddvh'J uncnlmaeAhh.• m. nIhC1 {` •••. •" morcM, anJ IMa 4bahan. -h dl Iw~ 111n.::xal as d ma Im:dnl lu unenllnle•Ipa pp.ua,.ll F.ai nr.a Iw'w r:nl .A 11 Itne t A t gntadrve wriuen: V%%rs ~a~ X; A. LODMIS % (Stall M~+rF:~F+ EVELYHE LOONJS Y Itie31J M.nk+k+ % 1•SCaI) MoftSagce wilAb Mmed. On the /Y~ daya( ~"~tt.u .~ /irr J991,h.Pore me(w7Mmathamc MIIU[t11 il: L07Nf8 6V64YE6 LOOM3E ' • Yho, nei116 name. inMJUmcnr, and rhal nc~ wme n ~ !r. f f3MnN r-.:~~ r( ':~y r,er-r»y My e,.e,r~k..e +t+M+ uyke ea.. li.n r..~m-:*~on r'.nifMl W comer-..~~~ Q•n•, . ,:enr ; r r ny~ ° ~ __ ... .. ~ . CMIn7y CoAimo4~+(JAIJfPanmylnnla Crtimga( ~ •w - ~.~ -RamaedhlAe OdleEUflhe RnnMerMpanbbaad bar WJCJwniy nn rha day.d , .bM9npEe lMUk Vdame .faEe a. ': IhJneai mytYM~AJhe Mal ufMd4eMiae JlM: day amtyoar a6rtwW. ate. M R 1!1{97 30709 ~a,di i`r*~ NALTBR A, LOONIS EVRLYN6 LOOMI4 Tn MELLON BANR, N. A. NmVJer matl n• NELLON BANR N. A. P.0. BO% 169 PITTSRURGX, PA 15270-0149 VOiS74721 0273 OMi1 LEGAL DESCRIPTIONS ALL THAT CERTAIN PROPERTY SITUATED IN BOROUGH OF WOAMLEYSBURG IN TN8 CODNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA AND BEING DESCRIBED IN A DEED DATED 10/24/97 AND RECORDED 10/28/87 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLONS: BOON L-70 PAGE 4. N..%.Wv.awtl r •wiNrri I:vrc v,d ~ TIIl'fjtlnl.] ¢coni~ssory~-Nate- N~~9~n ~1€ Ifilfllilfl~(N1fit~fl~lf~~11i~11~1 f$8CUC2d. Cn,lnw MELLON BANKI N. A. 1 ~ 30 SOUTH HARKET SQUARE HARRISBURG, PENNSYLVANIA 77101 ncmum NUmncr 414-4010655 Omn 11/14/97 I~'iwntwunmlLp gnn .Umn F~danFtrwhln taliditig:Dbcloswa; rINNUAI. M1VANl;li Cllillifli Annant Y4mrwad TowlafPnftlrxnw t'EREF.N'IAGIi 'nn~donxr nmmun an• 'llx:amunnl nlcnrin pm~ 'Ihcamlmn{1wO brrc H:\fi: ycJn mll ant nb n4e4la mr anw my InrJ xbufi h:rve made Irre unl •a mr..om." hnalr nll paymenbmx[hNUhnl. r.enln ram 9.64'% S 49755.91 S 6]101.40 5 312857,31 \1. µnnnnn. nr,rwvwnnx' WlmM~nxl'w:mrm: rHmm rn l`m,b SS'Nnr Y: nxmb Am1)nr 7 626.49 Mrm,hlv.1 onme.m 12 21 97 e I fi26. 30 11 21 12 e Vn.ixl•k Nxtr 1:\trlrb..dgc n .na\ kvE I Pa>1r Lqn nmldme J Vdflnnlr I:nk'Ir':nurr 1)IH'llnllll:.Ilfinll III' 1.11 I.J.IC (.Ila• IL'.Illlir n.nr Itvn Inrnllll'J 1., IM' r.IdlCf 4. yYLU Un1 Rnr.~w'r nran lmrR~l nl xi Q a am a. nwF QIq¢mwralxr pkYln U('Sf lihng(o S .00 ^nnxnly u,.nm ^ JCNttn .lr.k.um I~oaa larcneumM•nn; <ertlNrxw 5 .00 x 1 ^ xa mine ,r nHI pT(CnV n[Ulla' ~Ikn. Lu:n nnnva mLnnl Yrnl Fcc for mconlinpmndp•Igc.x S 25.50 0 IIRYI,II INJI ~ KCCMJAIU,n Ii,J• S .DQ OJepunsuh¢Ulksewitlrv,w R'ebn,aaxlvlnG manE~Setq S 32.06 ret G•Iixbml mYUnngmha loam wuh pm m,lnltal ¢t:~n• INU lmm. It Ilus )tml IIttU nl Innl 4tKt9rt'Q Iry N dflXail dfCnunh tna' A11:IILd {MrcrnIT6C fllf• JlIl4 nul lar:P min JCCnlllll \YIUr ffII111rCJ Jrl~tt1I. rrlr Cnxrgr: Ir a Irxy,nem A mnrr uun IS mlp nnc Iwdl lx-cnnri'QI S Iu.nn or m r of nle p,Vmrnb w.mehm'er bgR I•T. I`npa}m,rnl: II I y,y oll rarp•.1 u\II nol hnvr a. par a Ix :dty ,\a.nnrylirm: 5rnnvune burnµ IM pmltny a<unng Ims h•an <nnnm nxaume qlr ninmmlen,f the loin an Ihr ongu,al rtrmv. lee lllv~+nmclcr J.y',nnl[nl+ Vnum'.nIY11xn1.111mnr111dU.m.IblJl naNy%Iwnmlr.llC{:Ilnl. :lnd AUY n'yllln,l n'{KIMI[n[ In (YII I1CI11R IhE KNNIIrIP{ 4nr. - IlemirxlNm nl dre•\m.ruol l:hwncal nfn 31r(Ii _4U Y 6r1]. 74 Aminmr~Jcren lrv me drrttllY S 56912.26 .Vnunm Rne ••n nn a... wn mnm.wmy.J{m+lrxu Nxmnl. n41e Iewn Grmnes .irmmN KrnwIKtJ' .lmmlm lslW lnnlh¢Ran nn hanx11;3 J7. SD n•pl,nin'olUOxlx!pwarnmrnl xGenarta 5 In mslnXnrC CplnpnrtY ' S n+.mJrt nunnu3 nmppnacr 3 romnarr S 39.90 „r VALUAMERICA S m 9 14.00 n. TRAtiSAHERTCA S to S n. S .00 pmpantfinanor rltnrgr _. ~. - Terms olNme In tnn mnn,nrwmbr. nn nnJ mYrrtcrnmy'rmr vgnmg lCis nylrAnlNnnm'Cr. hacn Onttmnnx nspmwblr Nn the n7nlvnleor.dxH.mwmb n.N Uml6rrdm _ Pwesml::~rtaswvt.n the lrrlnx.d lhnmde)1mw..nia..ra:axi..rae rNCr to rhecminur nnmNaMre. - tAexerJ CeNnrrml mcenn :Inv It~nrmal pnrylmr m uhrch i nm gn'irlg Y,w n v¢,Imy,Nrrul m dln nine. or whrcb b anrn i M1x anY.c7epre!aann nlpeemem xconng lhn rmlC 1 prmvee to pm y u S_~3.1.Q,1 _.4~ -!Lx mmmm i. IaUN the'Prilm(n{ hmnum". t ntxo 1'rnmur to µ,r rtlu nlimsl rm M¢ ImIwN hxfam'e at tbg - IrMniQnlTmwml nraxlm{rle lmlr,•u mb of .023671233 2gerkL,Y. brcokwill Fe chnrgNmlRe na{ww lwtmron nt mn PStrtnyn{AitaflOS too mebxka . imclVdim3 Fcwa ty:rt.fw111{m\•Ilx•Ynlmprl:lrmmnr and lne mlen:fta[nnl•pptCdrSlgimlmt[rY iiru,xl'nNiagln the YnknhTf nCNudU&NtrMkalbre. {jntMAmt prYmlm Smt i wdi pYY anu p,rt nl Ilm 1'nMtpd:ilmwN nml am mlrrta[ whub rrmmm unplN Iwtltmmmae nr plv mmnne at,MCnR,In+wnnnxwCCmdRe {.PNtlr - {Ilr Ynmprr.4mwnl n,l.ml'.,•rl rrrlnnn+unryxl l,.mrlbxtnm{dgnlrarfarr wn pyrt nl llM YnMyol rlmlwnl vlll lkr~r,mARPnl UlnxnlnC SaR Wlp9Nli (PRY. _ gk7NU'aMe d .4, txJ. © !1 I rh.my, .•1 t..n rrymn' me u..h.mee. L. ISwmrnl hklhd Y2. Iha• vminr .ntr,mt msr .m InP w•Ir wl{ .nmrge In .025726029 .v :~..it1n ~fl(dn+nk '..Fal4a1~ µ, llr. .n~{A•..i• y. .i. r,L.. mlt'J rAir krarJ•.n•4'µOAlk'.ylfa, 111Cn1 ulrrrN llxavrmrrNrnN. gCII Fm Ir IaNMVmVllne fKN ypMM .trevmra .. ..Lw•.In.a.nu m.Nmp'rm'+'IrN'rvym rrMYW..l 11x11 n{jR'Imnl ~xefMtn•n lire lkne rl rtlu lxNC Nm F.an{mrt'p. nal{x ngmr ~n ....r.. r. . .. .....1.,..k .a.IL....+,L.khxn,rh•...aaaas4us._,.: ,wf.Pt, G((bnwe.nn the hN Ixnmrn, Vlrr I, JM~ nl L.w ax wYc .Irrr war chmy< •n d,e amYM rnxems r»fe. mx ,<~ dm rmmmM InFmnnr xsM 4fpItIR p the aWn¢M aa'pxa)n.rR'whIM,4lq,nnlJw Jnfr Athr tiry}I(mYlnrnl rbm}nnl rd tNe{hmgvrlaVmnlNtwbkN rrllLLW anpaattm lMr daw n{1NPTItf IIWpe. bnhlMmMh -. ffi IM' na+r rmc m egwl plYmrmc .f 1 ss•In[.,Mf JkW WY IIWnJl1tt' un tM Nwa tM rmwlhh JLwhNY Iamrfk mA Fa NImIN w 1nr xrmuw ert <11e nrpntW - bmrCd mdaxN,w,lmtthe rerrtx~ab Mlnvnatte '.4sr .:, EXHIBIT C _. a ' f underslalW that matistmrmeOn on lime u exsenlul m Rvout JefaWr un Ihu Mla In adlilm,, if soy payment u Mu made W full within IS dayn a8Ri1 naaa,f wit Pay o tare chargcdfID.00nr Id46 of vM paymen4 xilkhcw:r u grcalCr. 7 have paW pwili pay rhe(dkwiog Cus awl charg>: U.CC FGngfm $ Fm %or eanmbcnagaatiGoreo[sllk 1 FYi fp [ttmtingveoeartep JaW Ofrpst 1_ 21.10 [ieo»rJalian us S __ Pmfpaariaf}ing mortpgeordced of trust (alimawd booed un wrrcm ertes) S 12.00 :appaisal kc 1__ 'finewmiNlicrn fcc S -- 4V.90 - 'bile inwnae Premium 5 Noup~fre S FCe ier Jmermimng Ibod hacrdxmru» nl Properly 1 74.00 SCIIICIIKnI Mfkmng fm S loan odginmion fee S C.rauinuingaerilvatbndtlooJ svasua tee 1 00 erote. fee 1 f am giringyou a srsn'riq inlmesl in the PrtPnMY daaibml.xebw, including all auaehmtnla aM pam wOkh art iminikJ in p Mntlad lO lbe pmpntP, pwbkh . may M insmlkd or»sIWl4»I in she fmurt, aM all Pmta:eCtn Mille pmpenyandallathlneauaad Inns. Yor Malec Maki Smnl Number Maki Number ^ new ^ atom -s Payn,ea Methoba Ichnose to nmk<paymenn by the mclhxd checked blow. , ~~P.yasem Mathes lls Iawhorim you ro uke paymenu ourM CHBCRZNG ACCOUNT 300°002-048Su1 pager ',I tee data tRey are sue 1 will teep a large enough baWSa in this acComt m arm the fnN avmnnm M the rtquireJ payments. QParmrnl Mclhad aT, Iwill mailpdeliver each paynarol loyou an that WUwill recdveil no WClMnlhedaleiludlm U If I Mve <haen Payment MmhW +r 4 you nuY nquirt mew 4unge Payment Mahal M2 tf i tali al arty tinm w havna largo enuugh haka¢in Ihedrpont - aaount shoana ''O(aMT IhC(Y lamau IMa 1 i 1 MN n ~ lh 0 ila li Prtp.rly lmurmsvs,~Wunnceagaimt bsso(polm»gewrM CULLwecat ~ u rcqufred. ^ is na »~) Imurce ERZEj. INSURANCE Arret titknouar RONALD SHINBR .',i :lontimManm ^ is rcquirN in vnMmcdon with shn loan. ianM -~ IrnMN iaumneepaha inwmntt on real or pnnorul ProP'+vY u mqutred in mnm..vian wrn tM1n ban.1 mayeMain avrcn imunme fmm anyone I nom thal4acccPtabk so ycru. _ qd' ADUITIONAL TERMS ON PAGFS 3 AND 4 OF 7)IIS NOTE ARF,A PART OF TDIS NOTF_ Yuu are heiagasked to guaramcc this tlcbL Think clrc[ully before you do.If[he borrower docSn'[pay [he debt, you wf116ave _ lo. Re sure yogren affortl to pay ifyou have to, and that yon wan[ to accept [his r4sponsibility. You may havrto pay up to the tn11 amount of the debt if the borrower does not pay. You may also have to pay late foes or mllcnion costs; which increase This amount. . _. The Cretlitorran wllcc[ this Uebt from you without first trying to twlkct from the borrower. The Creditor can use thesarne colieaion metlwds against you that nn be asst against the borrower, such ns suing you, garnhhing your wages, art f€ this . debt is ever inde(aulL that fact may hecomb a part of ywr crMit rtxord. This novice is not the contrat7 that makes you 1ia61c for the debt. RY S1GN1NCT1115 NOTP 1 ACKNONT.F,DGE TFIAT I MVE RECF:IV6l) AN EXACT COW OF PAGF~ t TI[ROUGTEi.. OF TTDS N07E AND Tf{F, DISCLOSURES ON PAGE 1 tY1T1i ALL AI'PLICARI,F, RIANKS APPROPRIATF.LYPIGFBU ._. INr PRIOR TOTIIF, CONSUMMATION OF PIE TRANSACTION. TTIF. ADDITIONAL TERMS ON PAP,FSJANII~tgltli.... PARTOF THL4 NOTP_ r-r.... .,m.cr ~x a ~/ .~`: ~.re-., r (Sean a Herlonn EVELYIB LOOMIBµf Oonwc ~._._ (~~ t?~ ~' • • . (scan x Fg2aR 3 If applicable, tkit installment ban correspamtl io rcWtionship demand deposit account 1do-dG2-odes NOT[C& ItTtiaaawdbputa with you tegatdlnRhloaenFUtgarsrmdthn[any cRtetordi6etlengE>m6M&,gp~aik,. a1 WTntrttt ~ (nil of my ben east 6a sent or dellrerM bMellon.lkaalh N.A.. P.O. Bar SJlMt, PNis6.rg114 p;4'tSl3~RyyF , ar mry dha-Wresa /orswcls MymawhtynmMabese rlflmtheNlwre p :s{ `~r ~liY~9r ldflss: , ~ r , dw,tr~s'`' i • • 11 'IM4<n'111r9QLr'A'DI Ux•.1 dddliW.M._ltr~grA Erenn nC Urfault: It o a Jrtault under thn note n'. 111 am p:nmrm n nw umJC achrn n i. Juc: I ~l I brook atn punnnr to thi+ note: fjI ynu Jwarvax .un lal+c or mulraJing `I:ucmrN m Ihl, now ur m :Im olhcr mlurnmuun I haac pn'cn you: 131 anyone allentpN In acire, allaeh, rv •rcor :I hen nn the l'o{Ialet •I undm :un Icg:d pox caa. 1?)the f'. JIa1n;J ie Iasi, Ile+IngrJ, anlrn, ur ahunJnned: Ifq l Ju': 17) ) f11aeC .lnl :d,llnf11a9t G n the tKRCI^ UI rrcJllnra: fRl I ha'aD1llt' invrheN'. (•rl aM' (MIIfIU11 relallllg fn mr JChIS 1+ Ilied n11JCr anY ieder.J +~r aulr h:mkmptac Loa: I Uq I .Iclaull unJrr Iha• a•mn ul am Ie:ce, nnul)!upc, ur Jrcd of Iru,l an dte propcrK' where Ihr ('ollaltrd n k. pt. , I I , amunv .ah'mpl. h. ~:u ulsh nr .ntaa'h ant Jap,,.n ur urhrr pn,pcm haJnnging nr me whidt n in your pus.c,.nm: 11:1 .nn mwnnu' (urha acrunng Ihn nine malura'a fur am rr:nun; 1131 any anent ocean which, undrr 16e terrflm uC am monga~c ur decJ .n uunl ,. rurum Ihia nine. pne, ana Ihr ngM Ur luncluse un the pngnan annin(! rho note; um' pcrwm wbu ai}:ro n separmr sn urns acncntrm n. errnrc Ihte mar hrraka any purmiac m for scrunty agtcrmum: any parson who signs a mungagc. Jrad ul hn.l, ur sep:nala• arcunn• agrcentau w acute Ilus note files, heanmes utanhenl, ur maka> any usstgnmrnl lilt Ihr Rnelu ut ardour.. unr pcmum n•labnp w.urh a (u:rwn i da•hra n tila•J unda•r any rcJrral ar .lute hnnkrupLLS lax: ur r•m disruar am labs . n nuale:Whtg `latrnmm m +urh a nu utgarc. deeJ nE traal, onn'urily agrca9nem 5'our RighCa in the Pd'ent uC Urfnult: II :,m of thcaa+csrms,a Jrlauh „a'wr,, ur it 1 .nlumanh gnc wu pnx'aaon of We f'ullarervl, mru harx the rigid, d wu chador W Jo su, w Jcalsn• all amuuma xhuh I uw¢ under this nolr immcJi:ueh Juc, auhjerl w am' u•ywrrmcnts fur nuriac atul a right ut curt rhr Jd:uth tm(dr•cd by law You may. withnm IuJlnal pnn'o`, lake Id lax>anrn ul Ihr f'ullalccd anJ anylhmg cnm;nneJ in 11 ur ...chef nr u. 51.u aan cnrrr am pn+:dc pngrrrly m order ur Jr. thi+, su lung as can Ju nol nrmmil a M1rrmh of Iha pruce. I! trru Zell me In Ju W+. I xdl drliaa•r the <'utlatrral to am plaer coo ehurnc xhwh n reaxntahly cumcntenl to both ul n+. I mua sent ynu:, nuliar ht u•n tool nutl +nthm .7R hour. a0ar ww htke Iha• Cullaler:d in nNer hr gat Ir;mk any prn(u:rh' containrd m [he (-nllukrd ur.JlarheJ hr II whla It I Ju nul hcdin'e n encen•J hr coot xcnftlf inieresl. II I Ju nnl Jn Ihi+. 1 will Lr+e rhr rlghl w claun aurh pn,(n•rh l'au r.m als,~ .nc ntr m u,wl b. trl Ihr ('ollatcrnl d vm ahuu.c u, Ju w II um cmplrn an anornc5 who n nua coot s:danetf cmphnrr u• .nflc.l am .nn.nuu ulu.n I m+r unJn Ihn nnlr nl m pr,ra•d aaur nghl> unJrl Ihn nine m anv w:n, I wdE p:n' rcaunyMc .n loorca-. Ire, (u'nnu h.t n. L,w. aml .na• .n am Ire.d pnucedmpa t 6arrha wane rhr heucld ut ail Indmna a:duahnn and .,ppl:n.,vnom Lna. }Ic Untles ReL•anling the ('oll:ner:d: 11 1 am nhminm$ Ilus Iaan m nnlcr In pureh:nc :mt u! Ihr Cullau•rul. I wdl pmdl:ne n pnrmprh aLrr cecening the hren pnKazrh I'nrm you.:\munc who hna nr a ilI h:ne :m awenrnhip mtcresl m Iha: C'ull:ucral n stoning rahrr Ihn note urn +cparuc auuntc aCrcanrnl. Su one rhr cnrpl um Inn ur xdl h:nr a xcurily Imcrral in the ('n1lalcoJ ur nny Icgal lighn in n. I udl Icll ann pnnnl+lh m xnnnp J I dLmgc m} adJrras. l ink.. you kcrp Iha• Cullalernl. 1 xJl krcp n al rhuWdmss m me Ernn apphcauun or i wdl Ira avu m wnunp whrrc I ;un kcrplne n. I aaill nol pcnu:mrmh ri•musr Ihr tblLlk•ral tram 16at hxmHan unla'a* wu L'nc nlr wrtltcn (R'rntn.e+n In Jo v•. 1 will mn niLr.. the e'n1l:avral u• ha :a errhad m rr:A pnrpern ur m um other poufs wnhnul ,nnr unncn panne>u nt. 1 wrn not :dluw Ihr (ldl.,lrr;d m lose na ulanhn ur to he usrJ Inrm+ illel€:d purposr If rhr Ima ul any alata• rtt(mrca nr (Krmih a cenitic:ue nl tide tuna: issued .rearing am' ul the ('nilateral, 1 will maka rartain thaE mar ytaurilp inmrr,l I` nua•J an the mrtrfrrute ur lilla•. I win sec rh:n the rertil5cvr ni Iillr o Jdtr'crcJ m t+m wrt€tin to Jat'+uE the Jatc of I hla nDla. ! will keep Ihr r"ull:uerd m prnA aunduurn and repair, cscepl lur re:nnnahlr xaar :md Icar, and uill pa} ail lash. artJ rnik•E chargar xh¢h m:n hr asa`arJ nn n II I tad lu Jn vr. you may. if pm eh.dxr, lake raaaunahle a«•pr m prartrot rha rLtta[eralaml p;w au,:h Lar`, other ch.u+¢•a. nt .. •`l. ul rrp:nr :md m:nnn'nanre for etc. Il yaro Jn ihla. wu may «vpria• me w rrlmhnrw tatar. ^nmeallairh ur al aat later uma. lul .m:.w h laara, ahurgra. nl coat, whu'h aru hau' p:nd rll the bmr sun par .uah amarnnn ur at .un Lua unta :nn ul.n aJ.l rho anp,nd €c,l.nac ..I -uah .un.nml. u• Ihr unp:ud h;danaa' nl titr Ptrm i(qd Armmnt ut ehn mrN'. Yaro m:r. i, yrun' n,r L• p,n m1. 1.',1 .m n:, uulu,d b.J,,na. ,J ,uah anumm~ .u the r.or +huun un pace I of Ihn note nr a€ am hwcr r.uo 1 • •u n,.u. ,: '...n J:•. •v. nn roa-. rhr .annum of rte uu •m Ma pnvtta'm nnlll I Nnc Iulia rcrmbur•rU rvu hR `mh:rmuunb. I xdl , ae u•u xnuen pn•. •I oI p:n m. nt .n ;mt ouch cot, nr rharga's ;mJ Iha: crnu of ane rr(cuo, tt sou requast u. Yuu hnu<the rtLht u+ Inapca the l all:nc.t.ti al am rcaw•n:J+k ante. It the c~uil:+tcraf is kxt. Jamaer0, ur JotnwrS. 3 wsy5 alt} p;n cs'enthittg S uwc unJrr Iha nnlr. Imnr;mer. If cuu nyuvr mr in. 1 xJl m.nrr the t'nllulcml ag:nnai Lx, nr d:nnafr. fl can ra(wra ma to Pm' IlnadE inwamaro. F writ nue the amnunl ,H msarmu' a, u~nce xhu h sou mquin•. Anc maurmce prrhq call prnculr fur p:nmenr nt tn. ut+ura€nc pnweccC+tty aau n. rev eva'm n. ar"an to p.r. the :amount. nhrch 1 nwr under this mne. I will gnr ruu ane msurmae p,dk+.uacerhtkah 4y .how Ih.u f ha+,' n !t I d.. nm nm anJ m:um:un Ihr rrymra•J mwrancc. nr d I Ju mu par rhr ptrmmnt+. coo pray. rE uru rM~we. ,...:hc`e thrnY` Ln ma I! ama •L. Ihn ami ! Ju not tt•imhur+c ruu hrt the premtum+wnhln s aprcdn'd ttme. rru m:ar .aid the unparJ hJenac •.1 the plrm,unls e• the unp:xJ hJ;mm urtho Pn:':,pa(::munnt nl Inn Id n¢ In Mnaav'. nNere+€wtli hr cltxrgraC nn the unn nd he:.r.. •d Yu'•c premaun` at the r:nr .pawn un (ra}a t of thin owe. hegmmng un the Jute um paW Mr prrmrortes. I Jtnat .di Imuramc aompnma+ pn•vtdm¢ flrn nE maurmcr, ulhcf tmur:ma' on n:d ur pttwmd prupr€ty, nr rredr€ imnRUrer rp q,nnrahnn wnh thta h,,,n n• p:n :nu any murK)' amnt lu mr 1 mclading am prrmtum+ whop are ra•rarttrd htr am rerw,m Yuu m:n u+r am sm h mono m pa. ennnmt xhnh I a•wc unapt tlu+nula•. 1 appuinl uw as my athnner m tar? hr nrWlrpy; tm mrmr try am drab or chcak innas h purpose. AlisMluneouc - ' ThR note is xxvrp! y indicatrU in the Federal Truth in LenUing D$chrsures un page 1 of this Hate. Ail the inrvisinns of ony mcngage, deed of tour, or other sepurme sccunty agarorttent which {have sighed ur severe mis note are a part aI this note. 7 will sign any Uocumcnu you arnsWdr m be necessary, and I will pay all ftts anU l;txcc which mad he solid «r Irudlic Offirdals and which arc disclrl<ed in the Fcdcnt'frmh in i.crWing Dtscltuuns on page t of this note, to purfttt any sa:urity interest which I hmv given yvu and nr rcc'urU and satisfy any mortgage which 1 have given vou. I apprrint you ae my nilorney in fain to do whmrwer yvu mntider w hd necccsan~ to acyuire and maintain the lien o! the mortgage and ur pr:rfec[ and maintain perfeainn o(Ihue arourity inrerat5. If a any rim.: you agree ru extend the Jabs on which payments urc Jut under [hu note, you may chnrgo me a fee for such esnnsion mx crccedmg SSt1W Cnr u:n:h munm or pustfai month of the cetcnsion pr:ri<x! (suhject to any limnanons imposed DY law). Ynu may also reyuirc me nr pay in[ucst for the extension perierU at the lugtnning of the extension pcrkrU, suhject In any limimtlnns impnsea 6y law. You have no obligation to agreE to any extension: an suhject 10 am limiratiotu tmpoxvl by law, the retms aiC this paragraph c+n nc changed ifyou and 1 laser agree to diRcrent terms. If ar any rime yuu reasonably Maicva that nc~ value of the Cr»lateml has heroine insufficient to secure [hc amounts which llywe aixf any amounts which l Wray tw:c is the furore umfer this note, l will give wu addilionai mlla{era1. If anv monrw which I uwc unUCr this note is not paid when it is due, you have the right m take mat amount from airy deposit which F have vrlih you, now os in the frnurc, other than depusiLe in tndtividuul Retfremenr Aaa»rnis rx Keugfi (H.R. 10) Plans, or i deprnite in which the law prohibits you from having a security mmru"st. Ynu wi44 coffiinue to have ony xcuriry intclCSis which you have taken in conrn'crion with ampr rrvir»u owe whkn is bcirrg retioanced by this Hain. I[ you baud any Ifcns on my property as a resuh of cmm~ng judgment tinder the terms of any previous 6 note which rs Doing refinancal by this note, tvu may retain lhotie lidos m savro the amounts refinanccU. 1 du nor have any t dctcnse m the enforccmcm of ony such judgment. i )' Regndlesx of the terms of any other Uncument, this note will not M: scrurcU by any Ucposil other than moos which 1 nave with you individually or jointly, nor by any other property, unless n severity imcrest fn such deprnit nr other property fias been given j [o yrou in this note or in a Urxumem referring spexvfitally to this no[c or another extension of crCJit. 1=unhcr, this nom will Olt[ - be secured M any tad pmpcrty unless a security mrerG•vt m wch Hal pnrperty has been given m yrou in a drxumdnt refuting ~; spccifiuliv tit this nou or a previous mitt: wfifch is fining rcfinance6 Dv ihri Hind, nr you have a lien on such veal property as a ;a rdrultofcnreringjuUgmcnt undcnhc terms ofa previous note which is lxing rcfinauceJ by this note. +~ 1 authorize you tp pay that pan of the PrinripaS Amount shtrwn in the Iremizmion of nc~ Amount Financed on page 1 of mis note as'Amonn[ given to mu dircaly." anU any money which you may owe me fUr anpp reason in mm~alion wish this Juan, to any <Y_ or m all of me persons signing this Hold :u'Borrorver." My enUOrsemem of a check for anv pan of mis amount will evWdnce my h? consent m payment of that part of Ihu Principal Amount to any other pause named on the rihttk If, un ony particular rxwsion or for a period of time, tvu Jo nut charge me a rate or amount which 1 am obligated m pay under ry this torte, or charge me a lescer rote nr amount, or do nos onforce a right or remedy which you have under this note, or dnforce a s!. right or remaly to a icssu cxcem man pcrmiucU ny this nine. you wdl still have the right to charge the [uli mtc or amnum or - enfnra Thar right or remcUy to its fullrst extent at any subsequcm time If I make a partial payment and you accept it, oven though it is desigoauJ as feu payment, l wilt sill owu the rear of the money I should nave paid; however, sec me notice on pagC Z re~rMing such peymcniS when I have a dispute with you regarding my loan. In aUUFtion m the rights and remedies pmvidddin 4 [his Hein, you veil ,have ell rights and remeUias providcU by law. ! tnay pay all or any pan of the Principal Amoum before it is due, wimom any penalty. The unpaid balaacd of the Primcipal Amount for any day i, dercrmina( by taking nc~ Dcginning Dalanre for friar Jay, addingany amount which you add to the Principal Amount that day under the mans of this note, and sumratting that portion of any paymcm which isapplicd That day to me Principal Amount. Payments will be applied first to interu'it and anv other edta[gesdrte, ihcn to the Principal Amount. Payments [eceivcU on SaturlYays, SuniFayi, or hnlitlavs will M: crcdital as if made on the following nosiness Jav. If 1 have signed a rayuari for crrAir insrronn. the pnrvisiom of th:n form anU nc~ Group Credit Lifc lnsurancc CeniOgte arc a. p:u[n(ihis Holt. If it is determined for any rensnn rh:n a pan of mis nurv rs mvaliU or ancnro¢cnhic. this will not altdct any umcr part nl thrs note. lTis n[nc will ihcn Ixf read as if the inv,JiU nr uncnfnrecnhle part were our there. You nn trarcfer your righ4e and pricilegcv under this nine to anyone you chrmsc. My Uuties under this note will be performed by my hcin and personal repmscnmrivrs. I will nos Nans(er any rights which i have under this Hale «r anwaa. F undetaUtld that my obligations to you under this note will not br: affected by ony Uivorm pnxecding nor by any Doter of men isaueU in suds prottroUing. Fcdcm! law applies io certain ;rspecis of this Promissrrrr Note. indudiog but nor limited «r the finanm charge. 'Fite Faw3 0[ 1'ENNSYbyAn2A will apply to all outer aspects o[this Note. lesion is uvmmldN to furnishirtg avmplefe arM anvrare inhmmution aMtut your relethmship with us to cannrrter tepotfiltg • Fd. if yuu believe that the inhumtmien rte repxrt aMwi ysnrr account is inaunpiett, inutturale err addated, ywn may wrRe ~ - to tee of the [ollowing address in ruder In tmtHy us W a InvNtkm mnnrning nor rep+rLC: M1fellon Bank N.A., N.t3. Btox i44~ pitccbrr;N. 1'A ll2ln- OIJ9, ATTN: 11, Research. b'WC aUCnowkdge that Ihc~d arc pages 3 and d cif the Ptttmiswry Note (Secunnl) which IlWe fiave signed nn page 2 WALTE.2 A LOOMIS EVELYNE LlrOH25 Ilnalnlxr rtnnuns, ilnWab~ JUN 19 2001 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Lcomis 10283 Edison Road Osceola IN 46561 THIS FIRM !S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE iNDEBTED'NESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE !S NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. counseling agency. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowners Name(s): Walter A. Loomis Evelyne_ Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number 0275.414-4010655 Original Lender: Mellan Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. EXHIBIT p This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer Credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds far emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (6D) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to datel NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address 1S SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: November 27'", 2001 thru Apri127'", 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ nla Inspections: $ n/a Other $ 25.00 (Suspense) $ (47.781 Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room i52-A650, Pittsburgh PA 15259.0001; Telephone no,: 412-234675; Fax 412-234-7226; a-malt thiry.ep@mellon.com. Ycu can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaaae debt. This means the entire outstanding balance of this debt wilt be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortaaae propery_ IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff.to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will 'nave to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY BOl DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - if you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the a~eaneg m wniina ov the ienger ang DV pertgrrnmQ any Otner requirements under the mortaaae Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) 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 ycu wail You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy 'rt. If you continue td live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You x_ may or _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the safe and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE tENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1"Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7653 SAIDIS, SHUFF LINDSAY Johnn . Kope y, Esquir 4 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDITCOUNSELINGAGElvCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 -2397 UMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Raad Harisburg, PA 17102 (717)541-1757 Financial Services Unlimited 717 West 3'" Street Waynesboro, PA 172fi8 (717)762-3285 Urban League of Metropolftan Harrisburg 25 N. Frond Street Harrisburg, PA 17101 (717) 2345925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE y TAKE ACTION TO SAVE a YOUR HOME FROM o FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis EvelyneLoomis 437 North 2nd Street 437 North 2"d Street Wormleysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING T.O COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. counseling agency. LA NOTIFICACION EN ADJUNTO ES DE SUMA 1MPCRTANCIA, PUES AFECTA SU DERECIiO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2"d Street, Wormleysburg PA 17043 Loan /Account number: 0275.414-4010655 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU necessary to schedule one face-to-face meeting. Advise your lender your APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StartlEnd: November 27`", 2001 thru April 27w, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.08 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) $ (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHIGH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-A650, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@melion.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaqe debt This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaqe property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to ~av attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within 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 Sheriffs Sale You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as ~ecified in writing by the lender and by performing any other requirements under the mortgaqe Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and.your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x_ may or _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT. • TO SELL THE PROPERTY 70 OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SH LINDSAY Joh~fn J. Kop : y, Esgwre ( cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1s` Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7707 4 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 - 2397 Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3" Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harcisburg, PA 17101 (717)234-5925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX (717) 243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 10283 Edison Road 10283 Edison Road Osceola IN 46561 Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. TNIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works. counseling agency. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITRMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.414-4010655 Original Lender Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. This Notice contains important legal information. If you have any questions, representatives at the . Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able tq help you find a lawyer. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WELL 8E DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. ~ (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY fN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the Following amounts are now past due: Start/End: November 27'", 2001 thru Apri127"', 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ Na Inspections: $ n/a Other $ 25.00 (Suspense) $ (47.781 Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED 70 TAKE-THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING.THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail tfiiry.ep@melton.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this fetter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortaaae debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortcage orooerty. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey'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 (ender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY 1301 DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally far the unpaid principal balance and aA other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the safe at anv time up to one hour before the Sheriff s Sale You may do so by paving the total amount then oast due. plus anv late or other chases then due reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv other requirements under the mortaaae Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could beheld would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of Course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon-Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; e- mail thiry.ep@mellon.com. EFFECT OF SHERf FF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Safe, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x_ may or ~ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE TH{S DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, SAIDIS, SHUF W tNDSAY Johnn . Kape ,Esquire cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1~` Class mail I Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7660 PENNSYLVANINA HOUSING FINANCEAGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCEAGENCY CAN BE REACHED TOLL FREE A71 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Hartisburg, PA 17102 (717)541-1757 Fnancial Services Unlimited t 17 West 3itl Street Waynesboro, PA 17268 '~ (717) 762-3285 Urban League of Metropolitan Hanisburg 25 N. Front Street Harrisburg, PA 17101 (717)234-5925 FAX (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 r ACT 91 / 6 NOTICE TAKE ACTION TO SAWE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 10283 Edison Road 10283 Edison Rgad Osceola IN 46561 Osceola IN 46561 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOTAND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the program works LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. S1 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2ntl Street, Wormleysburg, PA 17043 Loan /Account number: 0275.414-4010655 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. This Notice contains important legal information. If you have any questions, representatives at the. Consumer Credit Counseling Agency may be able to help explain it. You may alsg want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • fF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OFFORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fi!! out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICAT{ON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETIT{ON IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (tf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) ~~~_ HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it uo to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StaNEnd: November 27"', 2001 thru April 27"', 2001 at $674.77t per month. Monthly Payments Ptus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) 47.78 Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made oavable and sent to: Eileen Thiry, Mellon Sank, N. A., Two Mellon Bank Center, Room 152•AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412.234-7226; a-mai{ thiry.ep~mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riohts to accelerate the mortgage debt. This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaoe property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff Yo pay off the mortgage debt. If the fender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to X50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within 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 Sate You may do so by payini the total amount then oast due. plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by pertorming any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default wilt increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3Cx76; Fax 412-234-7226; e- mail thiry.ep@mellon.com. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and-your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _xe may or ~ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that alt the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BCRROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, • TO HAVE THIS DEFAULT CURED 8Y ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED 70 THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE THE DEFAULT. (HOWEVER, YOU 00 NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1s` Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7653 SAIDIS, SHUFF LINDSAY Johnn . Kope y, Esquir PENNSYLVANINA HOUSING FINANCEAGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 7 (8110) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road Hartisburg, PA 17102 (717) 541-,757 Financial Services Unlimited 117 West 3i0 Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 2345925 FAX (717) 232985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717)243-3948 ACT 91 / 6 NOTICE TAKE ACTION TO SA1sE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 437 North 2nd Street 437 North 2n° Street Wormleysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY SE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains haw the program works The name, address and phone number of Consumer Credit Counseling Agencies serving vour Countv are This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF{CACION OSTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2n0 Street, Wormleysburg PA 17043 Loan /Account number: 0275.414-4010655 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Mellon Bank, N. A. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT'}, YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST O_C_CUR WITHIN THE NEXT THIRTY.{30) DAYS. IF YOU ce. It is only necessary to schedule one face-to-face meeting. Advise your your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in This Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill qut, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MU57 be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, j THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StarUEnd: November 27'", 2001 4hru April 27w, 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251,06 NSF: $ n/a Inspections: $ n!a Other $ 25.00 (Suspense) $ (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not apolicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-AB50, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@mellon.com. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgaqe debt This means the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortaage property. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be reauired to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the defaultwithin 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 Sheriffs Sale You may do so by pavinc the total amount then past due plus any Late or other cha~cr es then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgaqe Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - ft is estimated that the earliest date that such a Sheriffs Sale of the mortgage properly could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-A650, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-2347226; e- mail thiry.ep@mellon.com. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Safe, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x mayor _ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cast are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED Very truly yours, cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1~t Class mail !Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7646 SAIDIS, SHU SAY i .1oh a . Kop y, Esquire -~- PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342 -2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road Harrisburg, PA 17102 (717)541.1757 Financial Services Unlimited 117 West 3'" Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Hanisburg 25 N. Front Street Hardsburg, PA 17101 (717) 2345925 FAX (717) 232.4985 YWCA of Carlisle 301 G Street Carisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 __~~ .. ACT 91 / 6 NOTICE TAKE ACTION TO SANE YOUR HOME FROM FORECLOSURE Date: May 24, 2001 To: Walter A. Loomis Evelyne Loomis 437 North 2"d Street 437 North 2nd Street Wormieysburg PA 17043 Wormleysburg PA 17043 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) MAY BE ABLE TO HELP TO SAVE YOUR HOME. This Notice explains how the oroaram works counseling aaencv. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Walter A. Loomis Evelyne Loomis Property address: 437 North 2nd Street, Wormleysburg PA 17043 loan /Account number: 0275.414-4010655 Original Lender: Mellon Bank, N. A. Current Lender / Servicer: Me11on Bank, N. A. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to he(o you find a lawyer. _~.,,e ,<~;.; IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (31]) days from the date of this Notice. During that time you must arrange and attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the tender, you have the right to apply for Financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You wi11 be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. i NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD ~ NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) 2 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: StarUEnd: November 27`h, 2001 thru April 27`", 2001 at $674.77t per month. Monthly Payments Plus Late Charges Accrued $ 4,251.06 NSF: $ n/a Inspections: $ n/a Other $ 25.00 (Suspense) S (47.78) Total amount to cure default $ 4,228.58 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,228.58 ,PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) OAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable and sent to: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-ABSO, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-234-7226; a-mail thiry.ep@meflan.com. You can cure any other default by taking the following action within THIRTY (30J DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means. the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose uoon your mortgage prooertv. IF THE MORTGAGE IS FORECLOSED UPON -The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY oeriod you wilt not be required to pay attorney's fees. OTHER LENDER REMEDIES -The (ender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within THIRTY (30) DAY period and foreclosure proceedings have begun, you stilt have the right to cure the default and prevent the sale at anv time up to gne hour before the Sheriffs Sale You may do so by paving the total amount then oast due, plus anv late or other chayes then due. reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Eileen Thiry, Mellon Bank, N. A., Two Mellon Bank Center, Room 152-A850, Pittsburgh PA 15259-0001; Telephone no.: 412-234-3676; Fax 412-2347226; e- mail thiry.ep~melton.com. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and-your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You _x_ may or may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAVN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SH INDSAY ~, John J. Kop y, Esquir i , cc: (Account no. 0275.414-4010655) Eileen Thiry Mailed by 1~` Class mail /Certificate of Mailing and Certified Mail No.: 7099 3400 0018 5047 7707 PENNSYLVANINA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES 7HE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestavm Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3id Street Waynesboro, PA 17268 (717)762-3285 Urban League of Metropolitan Hartisburg 25 N. 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Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,LOOMIS WALTER A _, by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at RD IN 46561 a true and attested copy of the attached COMPLAINT - MORT FORE Together with The returned receipt card was signed by WALTER A LOOMIS on 09/01/2001 . Additional Comments: Sheriff's Costs: So answ s: Docketing 18.00 ~ Service 10.40 R. Thomas Kline CERT MAIL 6.01 Sheriff of Cumberland County Surcharge 10.00 .00 44.41 Paid by SAIDIS SNUFF FLOWER & LINDSAY on 09/06/2001 . Sworn and subscrib d to before me this~`~ day of , o?~A . D . 'P othonotary ° SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2001-04850 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MELLON BANK N A VS. LOOMIS WALTER A ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENAANT ,LOOMIS EVELYNE by United States Certified Mail postage prepaid, on the 22nd day of August ,2001 at 0000:00 HOURS, at 10283 EDISON RD IN 46561 and attested copy of the attached COMPLAINT - MORT FORE with a true Together The returned receipt card was signed by WALTER A LOOMIS on 09/01/2001 . Additional Comments: Sheriff's Costs: So answ ~/ Docketing 6.00 CERT MAIL 6.01 R. Thomas Kline Affidavit .00 Sheriff of Cumberland County Surcharge 10.00 .00 22.01 Paid by SAIDIS SHTJFF FLOWER & LINDSAY on 09/06/2001 . Sworn and subscrib d to before me this ,, a "'day of~~,,,~, .2i~) A.D. Prot onotary ~ Complete ftems 1, 2, and~3. Also complete - ttem 4 if Restricted Delivery is desiredt ^ Print your name and address on the reverse so that we ran 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: ., Walter A. Loomis 10283 Edison Rd. Osceola, IN 46561 7099e 3220c~p~009eN1573) 3365 PS Form 3811, July 1999 Domestic t atrirn Receipt A. Receivetl by (Please ;S ^ Agent D. Is delivery add ifferent from item 17 ^ Yes If YES, enter deli cry address below: ^ No 3. Service Type X~Certifletl Mail ^ Express Mail ' Registered ^ Return Receipt for Merchandise ^ Insured Mail Q C.O.D. 4. Restricted Delivery? (Extra Feel Q y~ ^ Complete Rems 1, 2, and 3. Rlso complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card td you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adtlressetl to Evelyne Loomis 10283 Edison Rd. Osceola, IN 46561 01-4850 civil 102595-00-M-0952 A. Received by (Please Pnnt C/eadyl 18. l.lq(-teG2 a ~Me,zrri5 C. Signature n ^ Agent X i~/yly~ ~Q HOWL-`^ " ^ Addressee D. Is deNVery address di~erem tram item 1? Q Yes If YES, enter delivery address below: ^ No 3. Service Type X~Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restrictetl Delivery? (Extra Fee) ^ Yes 2. Article Number Copy from service /abet) 7099'.; 3~2~A OOp~,15'~3; 3075 'i0,1-4850 civil PS Form 3$~ ~, July 1999 Domestic Return Receipt 70259590-M~0952 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO THE PROTHONOTARY: Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure to Answer the Complaint in the amount of sixty-six thousand four hundred seventy-one and 38 /100 ($61,471.38) Dollars, plus interest at $15.27 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was mailed U. S. First Class Mail postage prepaid and is attached as Exhibit "A". Respectfully submitted, SAIDIS, SHUFF, FLOWER 8 LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 2G W. High S1reM Carlisle, PA Dated /C~ ' Zs- b Prothonotary AND NOW, thisv~s day of c,.c,rn~r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE J n a J. Kopf ky, Esq ney for a Plaintiff 2001, a defaultjudgment has been entered in the amount of sixty-six thousand four hundred seventy-one and 38 /100 ($61,471.38) Dollars, plus interest at $15.27 per diem and costs and for foreclosure and sale of the mortgaged premises. Prothonotary RM,1 Account no. 0275.414-4010655 Docket no. 014850 v. Received From: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, flower 8 Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N, A., Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A. Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: September 20, 2001 YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association .TE OF MAILING MAIL, DOES NOT Law Offices Saidis, Shuff, Flower & Lim 26 West High Street Carlisle PA 17013-2956 One piece of ordinary mail addressed to: 2 Liberty Avenue Carlisle PA 17013 717-249-3166 AKx fee here in stamps D8 or meter postage antl -. post mark. InRUire of Pbsimastee for current fee. B y: aY ,I J nna .Kopeck ", squire ~`r ~' Attorn y for the Plaintiff Walter A Loomis 10283 Edison Road Osceola IN 46561 Johnna J. Kopacky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243.6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne Loomis 10283 Edison Road Osceola IN 46561 DATE OF NOTICE: .September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: U.S. POSTAL SERVICE GCK I11'ft.Ar c yr iartw WY 8E USED FOR DOMESTIC AND INTERNATIONAL MAIL, GOES NOT !ROVIOE FOR INSURANCE-POSTMASTER Receivetl Fmm: law Offices Saidis, Shuff, flower & Linl 26 West High Street ;` Carlisle PA 17013-295 One piece of ordinary mail addressed to: Evelyne Loomis 10283 Edison Road Osceola IN 46561 >$ Form 3817, January 2001 ... Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 AKix tee here In stamps ~6 G or meter postage antl I8 post mark. Inquire of sMaster for wrrent P '~ ` ;1, J nna opecky, Esquire ~ ~; Attorney for the Plaintiff ~ 1 .._ _ }i ~~ Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Canisie, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A. Loomis 437 North 2ntl Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: POSTAL Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 CERTIFICATE OF MAILING Atfiz fee here in stamps )$ qr meter postage and fERNATIONAL MAIL. DOES NOT post mark Inquire of fFR Pa5tma5tel foYCVRrEn1 fee_ ., Receivetl Fmm: Law Offices ,~; Saidis, Shuff, Flower & Lindsay 26 West High Street ;' Carlisle PA 17013-2956', `, )°,:F One piece oI oNinary mail atldressed tR: Walter A Loomis 437 North 2"' Street Wormleysburg PA 17043 K ec squire f the Plaintiff ~. PS Form 3817, January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower S Lindsay 26 West High Street Cadisfe, PA 77013-2956 717-243.6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOM15 and EVELYNE LOOMIS, Defendant(s) T0: Evelyne Loomis 437 North 2"tl Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP' U.S. POSTAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717_2dq_~1Rg TE OF MAILING Atfiz fee Aere in stamps $ or meter postage antl MAIL ODES NOT - Po?t me~lo-l~iquirs of Received from: ~ Law Offices ) Saidis, Shuff, Flower & Lindsay 1, 26 West High Street ~; Cadisfe PA 17013-2956 One piece of ordinary mail atltlressetl to: Evelyne Loomis 437 North 2ntl Street t, Wormleysburg PA 17043 Postmaater~ current fee_ _ ., .q, i ;. ., B ,; t y. ,: na J. opecky~quire uu ~,~',; orney= or the P ai"intiff 4 r'~ PS Forrn 3817, January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidis. Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013.2966 717-243222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Tenant in Possession 437 North 2n° Street Wormleysburg, PA 17043 DATE OF NOTICE: September 20, 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4854 Civil GIVIL ACTION -Law MORTGAGE FORECLOSURE YOU ARE 4N DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACT10N REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: POSTAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 Affix fee here in stamps 7$ TE OF MAILING or meter postage an0 )$ MAIL, GOES NOT _ '_" tw;t mark. Inquire of )VIDE FOR INSURO^'rr_-oncrnnncrcw = :PpsHnastar to[current ^ '..fee:.%- .. ~~, s/ ` Receivetl From: ~ i ,.. Law Offices ~~ '~ 1 _ Saidis, Shuff, Flower 8 Lindsay S :. By: 26 West High Street t l`~1s ,. 7t ..a na J. ' pecky, E uire Carlisle PA 17013-2956 ~ ---`°: ~ ; ,_, (A rney (pr the P iff ~~ I ~Y,.-, :._~~ 1 One piece of ortlinary ma0 a°tlressetl to: - Tenant in Possession _ _ .. 437 North 2nd Street - "" ' Wormleysburg PA 17043 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Evelyne Loomis 10283 Edison Road Osceola IN 46561 Account no. 0275.414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A.. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Account no. 0275.414-4010655 Docket no. 01-4850 Johnny J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower 8 Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Walter A.. Loomis 437 North 2nd Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary 1 hereby certify that the name and address of the proper person to receive this notice is: Walter A. Loomis 437 North 2"d Street Wormleysburg PA 17043 Account no. 0275.414.4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Evelyne Loomis 437 North 2nd Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Evelyne Loomis 437 North 2"d Street Wormleysburg PA 17043 Account no. 0275.414-4010655 Docket no. 01-4850 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TO: Tenant in Possession 437 North 2"d Street Wormleysburg PA 17043 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE You are hereby notified that on 2001, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice is: Tenant in Possession 437 North 2nd Street Wormleysburg PA 17043 Account no. 0275.414-4010655 Docket no. 01-4850 r, ~ ~e ., ~, ~ ~ ~ ~ ,.~, ~ ; ; ~ ;. ~. .~ ` ~~ lT l'~~5 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 717-243-6222 MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by first class SAIDIS s~~i ~,Ex u~ 26 W. High Sleet Carlielq PA mail, postage prepaid, the Affidavit Pursuant to Rule 3129.1; Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2; Notice of Sheriffs Sale of Real Estate Pursuant to Rule 3129 and a copy of the Legal description on the date and time reflected on the Certificate of Mailing: WaRerA. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Loomis 10283 Edison Road Osceola IN 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-A650 Pittsburgh PA 15259-0001 Bank Boston, NA 100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: / a- ~ 6 -O By: J . Kop ry, Esquire A ney for P ink Johnna J. Kopecky, Esquire iD # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikooeckvna ssfl-faw.com MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) U.S. POSTAL SERVICE CERTIFICATE OF MAILING - MAY BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOES NOT - ' ~ ^i PROVIDE FOR INSURANCE-POSTMASTER %' Received Fmm: ~ ~ ' Law Offices ,,, F Saidis, Shuff, FLower 8~ Lindsay `v;. Carlisle PA 17013-2956 "U Ona piece of pNinary mail atldressetl to: Wafter A Loomis Ison oa r. Oenanla IN dRFR1 +~ PS Form 3817, January 2001 PS Form 3817, January 200'1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING . - ~ - / MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT f +~I - ~`I"" PROVIDE POR INSURANCE-POSTMASTER i ~~' Receivatl From: ` `,,~ Law Offices Saidis, Shuff, FLower & Lindsay , ~~; Carlisle PA 17013-2956 U~P One piece of ortlinary mail atldressetl lo: ~ j ,fl i~ N1 i 4~ Evefvne Loomis ti 10283 Edison Road m 9 el IN~16b61 - see a +x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE +tt ti7 ...: i ,,~ n f~' ~~l U: r!; i~4 x:s ~ul.~~- ~ ;, u ~ :~ o ti ~ . ..- , ~ c~ ~.-A" a J ~~~0' R Q ~ = N ~' 'C O i ° J j ~ e8 O1 , a N U L O N m ; O Q I O 'y. z ~ J. r Z ~ W ww O LL Q 9 Y Q U ?'~'~ 3 `~ d n C N J N v m ~ tl i~ L 4w (/) - •' ° G o E J W ma ~ ~ U E N ~ a z ~' a' 7 Q c ~ c u ~ ~ N J O LL~ E E o O a N ^d' 0 LL a 0 a a y a a mo ~ o ` ~ ~ ~u r r r I Johnna J. Kopecky, Esquire 10 # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail jkooeckvanssfl-Iaw.com MELLON BANK N. A., v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) CIVIL ACTION -Law MORTGAGE FORECLOSURE U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIO AND INTERNATIONAL MAIL, GOES NOT / PROVIDE FOR INSURANOE-POSTMASTER Received Fmm_ aw Offices Saidis, Shuff, FLower & Lindsay t I li h St t 'd - ~ g ree es 36 d Carlisle PA 17013-2956 ~ One piece of ordinary mail atltlressetl to: Bank Boston, NA e Rnctnn P 02100 MA PS Form 3817, January 2001 PS Fonn 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER f Raceivetl From: ~ Law Offices E n Saidis, Shuff, Flower 8 Lindsa~r <• Carlisle PA 17013-2956 ` ~, One piece of ordinary mail addressed to: ~~ Cumber an oun ax elm r Cumberland ~^r~^ty ~^I Irthnll~P One Courthouse Square ar Is e :i i!l ~ ~ .v P CI i ,, t k; Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower 8~ Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikoog5:kv(o)5c_fl-law com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMiS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real properly consisting of one tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2ntl Street, Wormleysburg, PA 17043 Name and address of owners or reputed owners: Walter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 2. Name and address of defendants in the judgment: Waiter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 SAIDIS SIB EFL~FLO~ w w a~n saw Cprlielq PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Roam 152-AB50 Pittsburgh PA 15259-0001 Account no.'s 0275.414-010655 & 0275.040708.434 Docket No.'s 07.4850 & Ot-4851 Bank of Boston, NA 100 Federal Street Boston Main 02110 Cumberland County tax Claim Bureau Cumbedand County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank of Boston, NA 100 Federal Street Boston Main 02110 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: None. I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, Mellon Bank, N. A., 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. section 4904 relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY srr ~r<uiu~ zsw atgnsa«~ Catllelq PA Dated: ~ 2 - (~ - Q ~ Account no.'s 0275.414-010655 & 0275.040708-434 Docket No.'s 01-4850 & 01-4851 By: na J. pecky, Esquire omeys for Plaintiff Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail iko Pc y(g~scfl-law com MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 06, 2002 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 uw>~t,sa~ Carlisle, PA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consistirig 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 DESCRIPTION ATTACHED) THE LOGATION of your property to be sold is: all that certain improved tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2"d Street, Wormleysburg, PA 17043. Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no.'s 01-4850 S 01-4851 THE JUDGMENT under or pursuant to which your property is being sold is docketed 'in the within Commonwealth and County to Mellon Bank, N. A. v. Water A Loomis and Evelyne Loomis, No. 01-4850 for $61,471.38, plus interest from July 25, 2001 at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises. until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Walter A. Loomis and Evelyne Loomis. SAIDLS S & F~FIA~ .sav~a~nsn~a Grlielq PA A SCHEDULE D15TRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the safe 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 of this County 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 the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no: s 01-4850 8 01.4851 2 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may fife a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MU5T BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Ccurt of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY ' z6w atghse.~c Gr161e, PA Dated: ~ 2 _ ~, _ ~ ~ Account no.'s 0275.474.4010655 & 0275.040708.434 Docket no: s 07-4850 & 07-4851 By: J na J. pecky, tre Attorneys for Plaintiff 3 Walter A. 8 Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2"" Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing fine between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47.19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24` , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein.. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikopecky(:7g ssfl-lawcom MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil C1Vtl ACT10N -Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 SAIDLS SH~[JFF~pFIA~ .acaeaq~sa«i Carlisle. PA NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Walter A. Loomis and Evelyne Loomis. Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Loomis 10283 Edison Road Osceola IN 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank Boston, NA 100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Account no.'s 0275.414-010655 8 0275.040708.434 Docket no.'s 01-4850 & 01.4851 1 You are hereby notified that on March 6th, 2002, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Melton Bank, N. A. v. Walter A. Loomis and Evelyne Loomis, No.01-4850 in the amount of $61,471.38 plus interest from July 25"', 2001, at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Walter A. Loomis and Evelyne Loomis, known as that tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, WoITi'tleysburg, PA 17043. A description of said real estate is attached hereto. SAIDIS S &I.~VDS l~ ww at~esa~ Cadtslq PA You are further notified that a Schedule of Proposed Distribution will be filed.by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: l ? - (o O 1 By: John J. Ko, cky, Esquire A ney for laintiff Account no.'s 0275.414-010655 & 0275.040708434 Docket no.'s 014850 & 01-4851 2 o T r i, j ri -~ ~~ _ ~~ _ ~ ~, ,~ G ft: si> .~ -, -- T F '"1 t ,~: _ =; ~.~» S Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikooer y.(~ssfl-law com MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 CIVIL ACTION -Law MORTGAGE FORECLOSURE AMOUNT DUE: $61,471.38 / INTEREST AT $15.27 per Diem FROM 07/25/2001, thru Date of Sale - ATTY. COMM.: $2,965.00 COSTS: TO BE ADDED PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 31¢9 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: Walter A. Loomis and Evelyne Loomis, 10283 Edison road, Osceola, IN 46561 (3) and against the following Garnishees: N/A (4) and index this writ (a) Walter A. Loomis and Evelyne Loomis, 437 North 2ntl Street, Wormleysburg, PA 17043 (b) against N/a Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishees as follows: all that certain tract of land situate in Borough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, known and numbered as 437 North 2ntl Street, Wormleysburg, PA 17043. (5) Exemption has (not) been waived. Dated: ~ ~ " ~ " b SAIDIS, SNUFF, FLOWER & LINDSAY By_ ~. nna J. De' squire ttorneys for Plaintiff Accounts No.'s 0275.414-010655 R 0275.040708-434 Documents No. 01-4850 & 01-4851 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail jkOpE:Ky@ssfl-law com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043 Name and address of owners or reputed owners: Walter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 2. Name and address of defendants in the judgment: 1Nalter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 SAIDIS S' ~ FF~D~ asw al~xst.~e< Carlisle, PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Account no.'s 0275.414-010655 & 0275.040708-434 Docket No.'s 01-4850 & 01-4851 Bank of Boston, NA 100 Federal Street Boston Main 02110 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank of Boston, NA 100 Federal Street Boston Main 02110 5. Name and address of every other person who has any record lien on the property: 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: ~i 7. Name and address of every other person of whom the ,plaintiff has knowledge who has any interest in the roe ~" p p rty, which may be affected by the sale: Itet. I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, Mellon Bank, N. A., 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. section 4904 relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDLS S ~ 'EIl{VDSA~ z6 w ate sleet Carlisle PA Dated: ~ 2 - (o - Q 7 Account no.'s 0275.414-010655 S 0275.040708-434 Docket No.'s 01-4850 & 01-4851 By: na J. pecky, Esquire orneys for Plaintiff Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikooecky(g~ssfl-law com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TAKE NOTICE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 06, 2002 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly SAIDIS consisting of a statement of the measured boundaries of the property, together with a S &L1(VDS~ brief mention of the buildings and any other major improvements erected on the land. «~ (SEE DESCRIPTION ATTACHED) w w alga street Carlisle, PA THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2"d Street, Wormleysburg, PA 17043. Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no.'s 01-4850 & 01-4851 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Walter A Loomis and Evelyne Loomis, No. 01-4850 for $61,471.38, plus interest from July 25, 2001 at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Walter A. Loomis and Evelyne Loomis. SAIDIS S & 'EI~FLO~ .~.~ zew aignsapet Carlisle, PA A SCHEDULE 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 of this County 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 the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no.'s 01-4850 & Ot-4851 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY S & FF~FIA~ u.a.~ w w atgn sat Carlisle, PA Dated: ~ -Z ~~, - c7 Account no.'s 0275.414-4010655 & 0275.040708-434 Docket no.'s Ot-4850 & 01-4851 sy. J na J. pecky, ire Attorneys for Plaintiff 3 Walter A. &Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2nd Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River AIIey, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24` , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikonecky(g~ssfl-law.com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 SAIDIS SHSLUFF~DFLO~ z6 w sign street Carlisle, PA NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Walter A. Loomis and Evelyne Loomis. Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyrie Loomis 10283 Edison Road Osceola IN 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank Boston, NA 100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Account no.'s 0275.414-010655 & 0275.040708-434 Docket no.'s 01-4850 & Ot-4851 1 You are hereby notified that on March 6t", 2002, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A. v. Walter A. Loomis and Evelyne Loomis, No.01-4850 in the amount of $61,471.38 plus interest from July 25t", 2001, at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Walter A. Loomis and Evelyne Loomis, known as that tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. A description of said real estate is attached hereto. SAIDIS S & FI~FLO~ as w >~ sax CaHiely PA You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: ~ Z ..~ ,. O ~ By: Jo J. Ko ky, Esquire A ney for laintiff Account no.'s 0275.414-010655 & 0275.040708-434 Docket no.'s 01-4850 & 01-4851 2 Walter A. &Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2ntl Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property I D # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-79-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24 , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. <, ~ ~ s '~. ~ - ~ -- -, -~ -- . 'n ~ ~o c,~ a `- -~ ' . ~~r ~ K -.~ \~ ~~ R tea. ~~~ -~c?~ ~ ~ cy~ ~- <S~ _ I .. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail IkooeckvCa~ssfl-law. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by Certified SAIDIS SHUF$ FLOWER & LINDSAY MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) Mail, Return receipt requested, postage prepaid, the Writ of Execution, Affidavit Pursuant to Rule 3129.1; Notice to Lien Holders Pursuant to Pa. R.C.P. 3129.2; Notice of Sheriffs Sale of Real Estate Pursuant to Rule 3129 and a copy of the Legal description on the date and time reflected on the Certified Mail Receipt and PS Forrn 3811: Walter A. Loomis 10283 Edison Road Osceola IN 46561 Dated: 03/21/2002 By: o na J. o ecky, Es e orney f laintiff 26 W. High Street Carlisle, PA w Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikooeckvCa~ssfl-law.com MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) Complete kerns 1, 2, and 3. Also complete item 4 if Restricted delivery is desired. ^ Print your name and address on the reverse 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. t. Article Adtlressed to: Walter A. Loomis 10283 Edison Road Osceola IN 46561 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE Domestic Return Receipt z Artic~eNUmber 7000-167Q-0001-8796-7546 (transfer from service IabeQ PS Form 3$11, March 2001 m S _ V-1 r ~ Postage 3 It- r` Certified Fee r-0 Relum Receipt Fee rl (Endorsement Required) 0 p Restricted Oelivery Fee ~ (Endorsement Required) O Totaf Postage B ices ; f~ ~ Sent To ri ~,v' $tree( Apt. No.; ar PO yry ~ o ..-... _. _---_ - -1D. City State ZIP+4 A. Received by (Please Print Clearly) C. Signature ^ Agent D. Is delivery addr~ different from item 77 ~ Ye: If VES, enter delivery address below; D No 3. Service Type ( Certified Mail ^ Express Mail ^ Registered ^ ReNm Receipt for Merchandise ^ Insured Mail ^ C.O.D. ; 4. Restrirtxt DeliveM (Frtn F 1 1x2595-01-M-1424 2.10 V~ x.50 7 3.20 ~ -t~bU usQs ° I~, Osceola IN 46581 :. .. r c - _, ~ „ r, - ~,_:, - ~' .. J _~ ~~ S .~~ alb ,, SAIDIS 5~~~~ 2s w ~ snte~ Carlisle, PA A PR Q 2 2Q02~ Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail 'k~opeckvlo ssfl-law.com MELLON BANK N. A., vi. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, this eZ~ day of _ ,qen/ , 2002, in consideration of the attached Petition, it is HEREBY ORDERED and DIRECTED that the continued sheriff sale, of April 3rd 2002, for the property Walter A. Loomis and Evelyne Loomis known and numbered as 437 North 2"d Street, Wormleysburg, PA 17043 is Set Aside and continued until May 8'h, 2002. BY THE COURT, C~~~ m~(4/ed ~~ G,1/P~y~¢, LObM~ ~a l~fe~s /~ (..do M, is and I QS~3C)r.A~'~ Q 1~2r1 ~O filar i~~s ~j A k~'~" ~fbwc f Lina~S4/i no. 0275.040708-434 Docket no. 01-4850 Civil 7 _ of `v~ ,;,:.app=,,.~ '„) .~.. _ ~ ~f ,''_" Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail jkopeckvCa~ssfl-law.com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE PETITION TO SET ASIDE SHERIFF SALE. SAIDIS S & FF~FLO~ ux+w xew atgnsi~<ei Carlisle, PA AND NOW comes the Petitioner, Mellon Bank, NA, nikla Citizens Bank, by and through its attorneys, Saidis, Shuff, Flower & Lindsay respectfully petitions the court as follows: 1. The Petitioner began foreclosure proceedings against the above-captioned Defendant, and a sheriff sale was scheduled for March 6'", 2002. 2. The sheriff sale was then continued until April 3rd, 2002 as the Sheriff did not get service of the Writ of Execution on the defendant, Walter A. Loomis, who resides at 10283 Edison Road, Oscela, IN 46561, after three attempts of the defendant not claiming certified mailing of Writ of Execution. 3. On Writ of Execution was then sent via certified mail from the plaintiffs attorney's office on March 7`~, 2002. 4. The Defendant, Walter A. Loomis accepted this certified mailing and signed for it on March 18`h. 2002. WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order to Set Aside the Continued Sheriff Sale of April 3rd, 2002 and allow this sale to be continued and held on May 8'", 2002. Respectfully submitted, SAIDIS, S F, F & LINDSAY By: ~' Jo a J. K ecky, Es e. Account no. 0275.040708-434 Docket no. 01-4850 Civil '" ~; - vt `_ -- _ C.> ', e ~j ~~ STATE OF PENNSYLVANIA, 1 COUNTY OF' CUMBERLAND s ss. Robert P Ziegler I~------------------------------------------------^---°------------------------ Recorder of Deeds in aad for said County and State do~heaby certify that the Sheriffs Deed in which ________________ Citizens Bank of Penns ' ----------------------------^-----------------------------------------------------'-is the grantee 3rd the same having been soki to said grantee on the ---------------------------°--_-----------_---- day of Apiil 2002 -----------------------------°--____--- A. D., ? __---, under and by virtue of a writ-------------- Execution 10th ---------°----------------------^--------------issued on the ------------------------------------- December 2001 day of __________________________ A. D., _____, out of the Court of Comman Pleas of said County as of Civil 2001 ------------------^---°------...-------------------------------------------------- Term,: .----- 4850 Mellon Bank N A Number--------------, at the suit of-----------------------------------------------'--------------- Walter A Loomis & Evelyne ^-°-^------'--------------------° against------~-^----'-------------------------------------- n duly recorded inSherifFsDecdBookNo._______252- Page___________-. 280 IN TESTIMONY WHEREOF, I Gave hereunto set my hand and seal of said office this ___ ` .___'~_`/_ day of _ ~ ~---------------- A. D.,~ VU ~~ Records of Deeds Mellon Bank, N.A. VS Walter A. Loomis and Evelyne Loomis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4850 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Walter A. Loomis, to his last known address of 10283 Edison Road, Osceola, IN 46561. This letter was mailed under the date of December 13, 2001. The unopened letter was returned to The Cumberland County Sheriff's Office on January 2, 2002 with reason checked "i7NCLAIMED." R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice and Description in the following manner: The Sheriff mailed a notice of the,pendency of the action by Certified Mail, Return Receipt Requested, Restricted Delivery, Deliver to Addressee Only to one of the within named defendants, to wit, Evelyne Loomis, to her last known address of 10283 Edison Road, Osceola, hi 46561. This letter was mailed under the date of December 13, 2001. Evelyne Loomis received the letter on December 17, 2001. Return receipt card was returned to the Cumberland County Sheriff's Office on December 20, 2001 signed by Evelyne Loomis. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 08, 2002 at 2:25 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Walter A. Loomis and Evelyne Loomis located at 437 North 2na Street, Wormleysburg, 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: Evelyne Loomis, by regular mail to her last known address of 10283 Edison Road, Osceola, IN 46561. This letter was mailed under the date of January 23, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal noticee had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on Apri13, 2002 at 10:00 o'clock A.M., EST. He sold the same for the sum $1.00 to Attorney Johnna Kopecky for Citizens Bank of Pennsylvania. It being the highest bid and best price received for the same, Citizens Bank of Pennsylvania of Two Mellon Bank Center, Room 152-AB50, Pittsburgh, PA 15259-0001, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $907.00, it being costs. Sheriff s Costs: Docketing $30.00 Poundage 17.78 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 9.75 Certified Mail 17.07 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Legal Search Law Journal 349.10 Patriot News 251.10 Share of Bills 24.20 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $ 907.00 Sworn and subscribed to before me S v,~ ~s: This ~a ~dayof_ eN,e~ ~~P R. Thomas Kline, Sheriff 2002, A.D. ~, , r thonotary ~ / Bye ~S Real Estate Deputy ~~` 30 ~ ,w ~' S~ ~ 3 ~ ~ "~ 4 ~y,~„ /;ZGd3~ ,~,.,,., PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOiIRNAL (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 nofices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 25, FEBRUARY 1, 8, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. R ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 8 day of _ FEBRUARY. 2002_ NOTARW.SEAL I LOTS E. SBdYDER, Notary i~ic ®oro, Cumt MY Expires PAaroh 5 REAL ESTATE SALE NO. BS Writ No. 2001-4850 Civil Mellon Bank, N.A vs. Walter A. Loomis and Evelyne Loomis Atty.: Johnny J. Kopecky LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of Wormleysburg. Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County,.in Plan Book I, page 71, and being bounded and descrtbed as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Silty-Five (165) feet measured Southwazdly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the East- ern line of Semnd Street Twenty-five (25) feet to a point on the line can- ning through the center of the paz- tition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly directton along said last mentioned line, which is the dividing line between Lota Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly duec- tlon along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots Nv. 97 and 98, One Hundred Fitty (150) feet to a point, the place of BEGW- NING. HAVING thereon erected the Northern hall of a double brick and frame dwelling house, which hall is known as No. 437 North Second Street. PROPERTY ID # 47-19-1585-089. BEING the same premises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24th, 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland Coun- ty in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of January and the 5th and 12th day(s) of February 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 Dau hin in Miscellaneous Book "M", Volume 14, Page 317. f ~ / ~, _ PUBLICATION COPY SALE#63 22nd day 2002 A.D. Tarty L. Rua Hertlebuig, My Comralssbn Member,PennsyNanlaASSOCiationofNatar(ea My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLANDCbUNTYCOURTHOUSE CARLISLE, PA. 17013 Y ' Statement of Advertising Costs s To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 249.60 Probating same Notary Fee(s) $ 1 .50 Total $ 251.10 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... ,a,~, ~' AEAL ESTATE SALE No.63, ~ , --- _ -_ - WrkC`vll~rm ~_. _ __' `~~ Mellan Bank, N.d~."" - ='- -_--°`VJalier A. Loomfs- -- -- ahd Eyelyne Looms e or-camel of land the beingrecorded'm the ?ffice For the RecordLSg of Deeds, etc,~n_and ~o<Cumberland County, in ~Elan.Boak~-page 7l, and being bounded and _ ~--descn'bedas Follows: ~ - ~ - - BEGINNING aC a point N~fe Eastern line of - SeCOnd 8lreefatthe diving-line between Lo[s No. _ ¢97 and 98 on said Plan, said point being One '~Huvdsed Sixry;Fve (f65) feet measured '~-Saufhwa~y `a_Igng the "easieiamTin'e Hof 5eco'nd ~_ ~~Ireet horn t(ie Southeast comer of Secgnd Street ~nd,0lrve@vegue, thenpeln a,Sogthgrlxdveciion _ feet to a point on the line mm ie_cente~oLlhe. pani[iop_wall of an 1Wenty-Five (25) feet to a point thence in a .-Westerly direction along the dividing line ?-between Lots No. 97 znd 98, One Hundred Fiky - -(IiaO feet7ea_pain4tlu place ofBEGLNIVING. ~Glhereoger_ected_the NonM1em half of a _. --sPR~~'Yi P~~47-19-7386 Q>S~ BEING the same premises which !b ~'w'~ro} aad-Shirley A Controy, his wife, by „deed dated October 27th, 1983 and recorded in [he Office of the Recorder of Dceds in and for fSds_m~Ir anfiCwpty m Deed BQOk "L" Volume =.~0; Page 4, gamed and conveyed unto Walter A. --Loomis and Evelyne Loomis, ]ds wife Grantors -herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail iklR ckY.(gZssfl-law.com MELLON BANK N. A., Plaintiff v. WALTER A. LOOMIS and EVELYNE LOOM15, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ r'~'' ~-, NO.: 01-4850 CIVIL ACTION -Law ~;:`~ ~ ' : --, ~: --, MORTGAGE FORECLOSURE -:= i' ~ -,'= AMOUNT DUE: $61,471.38 = ``'' INTEREST AT $15.27 per Diem FROM G)- °"' =~- 07 /2 512 0 01 thruDateofSale x'~-- e ~'`" , ATTY. COMM.: $2,965.00 s,~ _-: COSTS: TO SE ADDED ~ PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: Walter A. Loomis and Evelyne Loomis, 10283 Edison road, Osceola, IN 46561 (3) and against the following Garnishees: N/A (4) and index this writ (a) Walter A. Loomis and Evelyne Loomis, 437 North 2ntl Street, Wormleysburg, PA 17043 (b) against Nia Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishees as follows: all that certain tract of (and situate in Borough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, known and numbered as 437 North 2ntl Street, Wormleysburg, PA 17043. (5) Exemption has (not) been waived. Dated: ~ ~ " ~ " U Accounts Na.'s 0275.414.010655 & 0275.040708-434 Documents No. 01-4850 & 01-4851 SAIDIS, SHUFF, FLOWER & LINDSAY ~- By: nna J. De' squire ttorneys for Plaintiff ':.mom. _.. ... -. Walter A. &Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2n° Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland PropertylD # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-7588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24' , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Car4is4e, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikongcky(gZ,ccfl-la~•~-cnm MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TAKE NOTICE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF C1V1L PROCEDURE 3129.2 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 06, 2002 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 SAIDIS 3 &LI~VD~SAY~ ..ac,~aiy.seRa -Cpraek. PA THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) Account no.'s 0275.414-4010655 & 0275.040708.434 Docket no.'s 01-4850 & Ot-4851 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to PVlellon Bank, N. A. v. Walter A Loomis and Evelyne Loomis, No. 01-4850 for $61,471.38, plus interest from July 25, 2001 at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Wafter A. Loomis and Evelyne Loomis. SAIDIS S ~ EF~i ~ - Carllel; PA A SCHEDULE 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 of this County 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 the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Acwunt no.'s 0275.414-4010555 & 0275.040708-434 Docket no.'s 01-4850 8 Ot-4851 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 Safe, you may fife a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SNUFF, FLOWER & LINDSAY SI~~FIA~ zaw~~ Cad[slq PA Dated: ~ 2 - (v - c7 r Account no.'s 0275.414-4010655 8 0275.040108-434 Docket no.'s Oi-4850 & 01-4851 -- By: Jc~} na J. y pecky, ire Attorneys for Plaintiff 3 Walter A. &Evelyne Loomis Mailing address: 10283 Edison Road Osceola !N 46561 Property Address: 437 North 2nd Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Sook 1, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24` , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mail ikoogrk~aefl-!aw com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 SAIDIS S & FL~D~ zcw a>ehsa~ Carllelq PA NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of Walter A. Loomis and Evelyne Loomis. Walter A. Loomis 10283 Edison Road Osceola IN 46561 Evelyne Loomis 10283 Edison Road Osceola 1N 46561 Mellon Bank, N. A. Two Mellon Bank Center Room 152-A650 Pittsburgh PA 15259-0001 Bank Boston, NA 100 Federal Street Boston Main 02110 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Account no.'s 0275.414.Ot0655 & 0275.040708.434 Docket no.'s 01-4850 & Ot-4857 1 You are hereby notified that on March 6~', 2002, at 10:00 a .m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of Mellon Bank, N. A, v. Walter A. Loomis and Evelyne Loomis, No.01-4850 in the amount of $61,471.38 plus interest from July 25~', 2001, at $15.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Gourthouse, Commonwealth of Pennsylvania, real estate of Walter A. Loomis and Evelyne Loomis, known as that tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: l ? - to - O I By:~- Jo J. Ko clcy, Esquire A ney for laintiff 5AIDIS S & EE~~ abw at~nsa~ Carllel; PA Account no.'s 0275.414.010655 & 0275.040708-434 Docket no: s 01.4850 & 01.4855 Walter A. & Evetyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2"' Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property tD # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and far Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24` , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013-2956 Telephone 717-243-6222 Fax 717-243-6486 e-mailikon~r y(g,ssfl-law_com MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-4850 Civil CIVIL ACTION -Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 Mellon Bank, N. A. Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Wormleysburg, Cumberland County, Pennsylvania, known and numbered as 437 North 2n° Street, Wormleysburg, PA 17043 Name and address of owners or reputed owners: Walter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 2. Name and address of defendants in the judgment: Walter A. Loomis, and Evelyn Loomis 10283 Edison Road Osceola IN 46561 SAIDIS St-~r~~ u w a~n sties Cadide, PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Account no.'s 0275.414-010655 & 0275.040708-434 Docket No.'s Oi-4850 8 01-4951 Bank of Boston, NA 100 Federal Street Boston Main 02110 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: Mellon Bank, N. A. Two Mellon Bank Center Room 152-AB50 Pittsburgh PA 15259-0001 Bank of Boston, NA 100 Federal Street Boston Main 02110 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Nbrie 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: None. I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, Mellon Bank, N. A., 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. section 4904 relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY SH[JFF FLOWER &L1~iDSAY a, uw st~ser«i Grilsie, PA Dated: ~ Z - (~ . Q l Account no.'s 0275.414-010655 & 0275.040708-434 Docket No.'s 01-4850 & 01-4851 By. .' 1J6~ na J. pecky, Esquire orneys for Plaintiff Walter A. &Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2"' Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24 , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay Z6 West High Street Carlisle, PA 17013-2956 Telephone 717-243222 Fax 717-243-6486 e-mail iknner~kvrr3icefl.law rom MELLON BANK N. A., v. Plaintiff WALTER A. LOOMIS and EVELYNE LOOMIS, Defendant(s) TAKE NOTICE: (N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANfA NO.: 01-4850 Civi! C1V1L ACTION -Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 06, 2002 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberiand County Courthouse 1 Courthouse Square Carlisle PA 17013 w ~.sa~ Giiflala PA THE PROPERTY TO BE SOLD is delineated in detail in a legal description maiNy consisting of a s#atement 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 DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Borough of Wormleysburg, Cumberiand County, Pennsylvania, known and numbered as 437 North 2nd Street, Wormleysburg, PA 17043. Account no.'s 0275.414-4010655 & 0275.040708.434 Docket no.'s 07 4850 & 0111857 1 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to Mellon Bank, N. A. v. Walter A Loomis and Evelyne Loomis, No. 01-4850 for 561,471.38, plus interest ftom July 25, 2001 at 515.27 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises- until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Walter A. Loomis and Evelyne Loomis. s¢st~A sac A SCHEDULE 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 safe 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 of this County 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 the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. 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 Bar Association Z Liberty Avenue Carlisle, PA 17013 717-249-3166 Account no.'s 0275.474-4010655 & 0275.040708-434 Docket no.'s Ot-4850 & 07-4857 2 m THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within 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 Gourt of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS' DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SNUFF, FLOWER 8~ LINDSAY Dated: ~ 2 _ ~ . ~ j 13y: ~ . J na J. pecky, ire Attorneys for Plaintiff PA Account no.'s 0275.4t4~t010655 & 0275.Oa0708~434 3 Docket no.'s Ot-4850 8 01.4851 Walter A. 8~ Evelyne Loomis Mailing address: 10283 Edison Road Osceola IN 46561 Property Address: 437 North 2"d Street Wormleysburg, PA 17043 Borough of Wormleysburg County of Cumberland Property ID # 47-19-1588-089 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, designated as Lot No. 97, on Plan No. 3 of Edgewater, said Plan being recorded in the office for the Recording of Deeds, etc., in and for Cumberland County, in Plan Book I, page 71, and being bounded and described as follows: BEGINNING at a point in the Eastern line of Second Street at the diving line between Lots No. 97 and 98 on said Plan, said point being One Hundred Sixty-Five (165) feet measured Southwardly along the eastern line of Second Street from the Southeast corner of Second Street and Olive Avenue; thence in a Southerly direction along the Eastern line of Second Street Twenty-five (25) feet to a point on the line running through the center of the partition wall of the double brick and frame dwelling house erected in part upon the lot hereby conveyed; thence in an Easterly direction along said last mentioned line, which is the dividing line between Lots Nos. 96 and 97 on said plan of lots, One Hundred Fifty (150) feet to River Alley; thence in a Northerly direction along the Western line of River Alley, Twenty-Five (25) feet to a point; thence in a Westerly direction along the dividing line between Lots No. 97 and 98, One Hundred Fifty (150) feet to a point, the place of BEGINNING. HAVING thereon erected the Northern half of a double brick and frame dwelling house, which half is known as No. 437 North Second Street. PROPERTY ID # 47-19-1588-089 BEING the same remises which Donald J. Controy and Shirley A. Controy, his wife, by deed dated October 24' , 1983 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "L" Volume 30, Page 4, granted and conveyed unto Walter A. Loomis and Evelyne Loomis, his wife, Grantors herein. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF Ctunberland COUNTY: NO. 01-4850 CIVIL ~: TEFd~7 CIVIL ACTION -LAW To satisfy the debt, interest and costs due Mellon Bank. N. A. from Walter A. Loomis and Evelyne Loanis 10283 Edison Road, Osceola, Inc. 46561 DANT(S) (1) You are directed to levy upon the property of the defendant(s) and to 437 North 2nd Street, WorntleysUurg. Pa. 17043 (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/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) Ifpropertyoflhedefendant(s)notlevieduponansubjectloattachmeMisfoundinthepo;sessionofanyoneother than a named garnishee, you are directedto notify him/herthat he/she has been added as agarnishee andisenjoined as above stated. Amount Due L.L. $0.50 at $15,27 per fern fran 7/25/01 thru date of Sale Interest Due Prothy 51 .00 Atty's Comm % $2 965 00 Olher Costs Atty Paid $ 7 3R -02 Plaintrft Paid Dale: rlora r l n ~nm REQUESTING PARTY: Saidis, Shuff Flower & Lindsay Name Johnna J Deify, Esa. Address: 26 West High Street Carl ialp Pa 17013-6222 Attorney for: P~ain~f Telephone: 112-24 3-h4 R6 Cnrtic R- Tnn~ Prothonotary, Civil Division ' ( Deputy Supreme Court ID No. REAL ESTATE SALE ~~o. ~3 On December 13, 2001, the sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, known and numbered as 437 North 2°d Street, Wormleysburg, and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2001 By: , eal E tate eird~n~~ ~~t~~d '~-tri-;,,;;sh ~Q~ ~d CS ~ Z( ~~Q a~la~as ;a,sr~ ~ c ~~t~a w .. .. _ - ,h3iPR~€fa~amm~+.','~r:enes~vaz~auP.~i'uF%' a. ~ptq{~X3~~SiB3Y `~fic~~:._ --__ ~ ^r=~ a: ~r~,Sf ]X~'._~~v na,°cx ~'^WA~FTn'fta_ .., 3f~'