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HomeMy WebLinkAbout01-05960 ;r; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK fi'k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWEN1Y (20) DAYS FROM SERVIC HE OF OR A DEFAULT mDGMENT I HEREBY CERTIFY TRA T THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 77408 Ewing, NJ 08628 AND THE DEFENDANT(S): 213 E. Locust Street Mecha . s A TTO Y AINT CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL TATE AFFECTED BY TillS LIEN IS 213 E. S Mechauicsburg, PA 17055 ATTO ,,,~y.:\,~,y " '~>'n",!.~~""("'~,""~,'~':"1t r,' '''''~,'"-'', ,~J, ',>'''<~:,'''','o'I'i~:' c, ;: <,' '~?~~;"""~J?;'- " ",'~l'V~"- '~';,'-",:,'" CIVIL DIVISION NO.: 01 - SCjr.".O QULL~~ TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: A11first fi'k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. LD. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "Y'. - ~ '- "'" I""~' "', IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: DI-sqf.O <3l>~LY~ Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 J,~-:, , , ",", ,~",'C'O.;..!"t::~7~ Hn";;-:' ,~"":,~",:,,,',r.~,~,~,7 ~"~'~"-. -',',IS":'':'f'C",: ,~' "~ "n-, ~",~",),~",,,~ ',~' ,_?",," .,x." , , ".,~ ",'" "',^ "',' ' ,,'w -Pl_,,,".,_~,~,.," ~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: D 1- S"i'6 Cl)~L<=-r-~ Plaintiff, vs. LESLIE G. HOFFER, Defendant. A VlSO USTED HA SIDO DEMOND ADO/ A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do 10s proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, 10s demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. US TED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI US TED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A V AY A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 1~~~"I"~~c, .:'Y~"'~'",'::'c>1':'''' ".:>n" ,,:.....,.,::,,~I'~ >"",,;,",~''J:-''?''*>-''~'''.';''_'''_ ,""~'" """''''''''',''''',,:'F',',-_ ..",..~" ~"""",,,., " ," "~'~" ,~,,,- ~ "' ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/kIa THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: Ol-sq'-6 CilJ~l'T~ Plaintiff, vs. LESLIE G. HOFFER, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst, f/kIa The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfirst Bank, f/kIa The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, which has a place of business at P.O. Box 77408, Ewing, New Jersey 08628. 2. The Defendant, Leslie G. Hoffer, is an adult individual whose last known address is 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055. 3. On or about June 16, 1993, Defendant executed a Note in favor of Plaintiff in the original principal amount of$59,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 16, 1993, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $59,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 25, 1993, in Mortgage Book ! ,:;;".~ ~,' '~<,.., >";"1'-":7:~!'''0:'gO:~~4'~J,,,,;,,,,,,''q ,::"",,:,.::;::'1/:-:-,"(, .,,- "1 ",'~: ,.,,~,C'. ~ ",<, "1,';"'-"" ;,'.~<-r,' ""',,'("" ,-, -.'" ~ -, ' , . ._~ _ -.p,__<o__~ ., ...," ), Volume 1145, Page 506. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about June 26, 2001, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice ofIntention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. 1}101, et seq. A true and correct copy of said Notices is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 1 0/12/01 Late Charges Escrow Advance Other Fees Attorney's Fees Court, Sheriff & Title Costs $ 54,095.73 $ 2,752.80 $ 129.27 $ 518.93 $ 16.45 $ 800.00 $ 2.500.00 TOTAL $ 60,813.18 plus interest on the principal sum ($54,095.73) from October 12,2001, at the rate of $12.40 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. , "W ,,~;:>,,~ _ '~~ ,:f"::~,~',N",\c'X~'-'~~','o?'1:'Yi,~"?,'::<5t(',~":,,,,,,~;,.f: "" ''''I~,Y 'i'-' , 7''''''',''',,' -Jo:"" _, ,. ~'" "~ 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1} 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant( s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt ofthis pleading, Counsel for Plaintiff will send Defendant( s) the name and address ofthe original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $60,813.18, with interest thereon at the rate of$12.40 per diem from October 12, 2001 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises & CONNELLY LLP BY: Scott A. D tte 'ck, Esquire Attorneys for Plaintiff P ALD. # 55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r e,} ,~i(!l" ,c.. ,_, "'~ --"i~'1"r~ry""", ~?",.,-,,~! "-;.~S';:"!:,,~",,,r.c~""^^',' ,~' ,,~}I,,' ,r', 'l--"r ",' ,,_,"',,' ,N- ,'" _, <,"" '?"'__ ~,~ ,~_,,. _, "ry, , ',," ,~__~, u ~,,, _ . ""'?0, ~,' c.-, ,.. ",-" ,,," H' __ ~,"~, ~. , ~,~ ~,",'~,,' ,u' . y ~". .~e. ~ ," . 0 ',. .~ ".''Wt,F I": EXHIBIT "A" 1, 'I '~=-'l ~/~~ fj\~4i) ""C" Of NOTE LOAN NO. 9 0 - 1 5 4 7 - 0 J u n e 16, 1 993 [Date] Camp Hill [City] Pen n s y 1 van i a [State] 113 East Locust Street,Mechanicsburg,PA 17055 IProperty Address] 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. $ 5 9 , 0 0 0 . 0 0 (this amount is called "principalj, pius Interest, 10 the order of the Lender. The Lender is OAUPHIN DEPOSIT BANK AND TRUST COMPANY. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearlyrateofB.2500 %. . . . The interest rate required by this Section 2 is the rate I will pay both before and after any default desCribed In Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay prinoipal and interest by making payments every month. I will make my monthly payments on the 1 s t day of each month beginning on A u 9 u s t 1, 1 9 9 3 . I will make these payments every month until I have paid all of the principal and interest and any other charges described beiow that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on J u 1 y 1. 2023, I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at P . O. Box 4 6 4 4 H A R R I S BUR G, PAl 7 1 lIar at a different place If required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 4 4 3 . 2 5 . 4. BORROWER'S FiIGHTTO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (Ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. ' 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) late Charge for Overdue Payments If th~ ~ote HOld~r has not received the full amount of any monthly payment by the end of 1 5 calendar days after the date It IS due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. 0 0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (8) Defa ult If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE FIXED FlATE NOTE-SINGLE FAMIL Y-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CNOT**//0592/3200(12-B3).L PAGE 1 OF 2 FORM 3200 12/83 >"''''i''-'''"'l''!'!~ , '~~ '. ~~",' t, ~l-i " ~ . ,,- II ",- "~ ,I '~, .,' LOAN NO. 90-1547-0 (C) Notice o' Default If I am In default, the Note Holder may send me a written notice telling me that W I do not pay the overdue amount by a certain date the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the int~rest that I rYNe on that amount. That date must be at least 30 days after the date on which the notice Is delivered or mailed to me. (D) No Waiver By Note Holder Even if. at a time when I am in defaul~, the Note Holder does not require me to pay Immediately In full as described above. the Note Holder will stili have the right to do so if I am in default at a later time. .. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately In full as described above. the Note Holder will have the right to be paid back by me for all of Its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses Include. for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me underthis Note will be given by delivering It or by mailing It by first class mail to me at the Property Address above or at a different address If I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing It by first class mail to the Nute Holder at the address stated In Section 3(A) above or at a different address if I am given a notice of that different address. . 8. OBUGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person Is fully and personally obligated to keep all of the promises made in this Note. Including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made In this Note. The Note Holder may enforce Its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts rYNed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice \0 other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note Is a uniform instrument with limited variations In some jurisdictions. I n addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result W I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make Immediate payment In full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in It Is sold or transferred (or if a beneficial Interest In Borrower Is sold or transferred and Borrower Is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment In full of all sums secured by this Security I nstrument. However, this option shall not be exercised by Lender W exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. }(Jtt1lb jJ;Q,ta~lznc Ct.' (Seal) JJ~, Jf d Vp, ') LD~~tIUaO e........' L e s 1 ; e G. H 0 f f ~ (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower (Sign Original Only) MULTlSTATE FIXED RATE NOTE-51> ,E.~... , ',~'r",,"i ?\1M",,,", "'I ' , "t ;~', .,1. v-F\,i'I~/FHLMC UNIFORM INSTRUMENT. -I'. I ",., . . ,..... '''''''''~ffl1'I'1;,;JI''''lfl ~" '"'<~" ~.~~,,~ EXHIBIT "B" ri' I ."..."., ~- IT t -'., , (.:'", ~'jf' ,- AFTER RECORDING MAIL TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY P .0. Box 4 B 4 4 HARRISBURG, PA 17111 :' ~!,:: :i )i: c .' L~: j.) : _r1..:. ~= ~':~' i;iY - P ~ '93 JUH 25 Pf'J 12 38 LOAN NO. 9 0 - 1 5 4 7 - 0 [Spaoe Allove This Une For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrumenf') is given on Leslie G. Hoffer J u n e 16, . 1 993 . The mortgagor is C'Borrower"). This Security Instrument Is given to OAUPHIN OEPOSITBANK AND TRUST COMPANY, which is organized and existing under the laws of . ar.d whose address is P.O. Box 4 G 4 4, H A R R I S BUR G, j> A 1 7 1 1 1 . . ("Lender"). Borrower owes Lender the principal sum of F 1ft Y N I neT h 0 us. n d Doll. r s . n d nolI 0 0 Dollars (U.S. $ 59 , 0 0 0 . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on J u 1 y 1, 2 0 2 3 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with Interest, advanced under paragraph 7 to protectthe security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in D . u phi n County, Pennsylvania: BEING MORE FULLY DESCRIBED ACCORDING TO LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 213 E. s t L 0 C u s t [Street] ("Property Address"); Street M e c h ani C 5 bur 9 [City] Pennsylvania 1 7 055 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and conyey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and Will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT "'OOK 1145 PAGE 5 08 ISC/CMDTPA/ /0391/3039(9-90)-L PAGE 1 OF 6 0 , FORM 3039 9/90 , "-""'-"":~"""'''''''''1, ,," ~ . ''"'''''~,.,'''''''''''''''''~~,~~~., '1' t., ", ,., ~."" " I"' " I,___'~____'_..,_,~,z,_ . lOAN'No.. 9 0 - 1 5 4 7 - 0 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and lender covenant and agree as foRows: 1. Payment of Principal ancllnterest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to lender on the day monthly payments are due under the Note, untR the Note Is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Pro~erty;(b) yearly leasehold payments or ground rents on the Property, if any; (c) yeariy hazard or property Insurance premIums; (d) yearly flood Insurance premiums, if any; (e) yearly mortgage Insurance premiums, if any; and (I) any sums payable by Borrower to Lender In accordance with the proviSions of paragraph B, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account underthe federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ('RESPA"), unless another law that applies to the Funds sets a lesser amount If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (Including lender, If lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and applicable law permits lender to make such a charge. However, lender may reqUire Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection wfth this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires intereslto be paid, lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit tothe Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by lender exceed the amounts permitted to be held by applicable law, lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time Is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower In writing, and, In such case Borrower shall pay to lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency In no more than twelve monthly payments, at Lender's sole discretion. Upon payment In full of all sums secured by this Security Instrument. lender shall promptly refund to Borrower any Funds held by lender. If, under paragraph 21, lender shall acquire or sell the Property, lender. prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisftlon or sale as a credit against the sums secured by this Security Instrument 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due: and last, to any late charges due under the Note. 4. Charges; Lfens. Borrower shall pay all taxes. assessments, charges, fines and impositions attributable to the Property which may attain' priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these Obligations in the manner provided in paragraph 2, or If no.t paid in that manner, Borrower shall pay them on time directly to the person owed payment Borrower shall promptly furnish to lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. . Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees In writing to the payment of the obligation secured by the lien in a manner acceptable to lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings Which, in the lender's opinion operate to prevent the enforcement of the iien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property ;s subject to a lien which may attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more ofthe actions set forth above within 10 days of the gMng of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, Including floods or flooding, for which l.ender requires insurance. This insurance shall be maintained in the amounts and for the periodS that lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to lender's approval whi!:h sI1aJl not be unreasonably wKhheld. If Borrower fails 10 maihtaincoverage described above, lender may, at Lender's option, obtain coverage to protect lender's rights in the Property in accordance with paragraph 7. . , .' bo~"145 fAGE 50? f]i , ~,~~ FORM 3039 9/90 "'''''t;.:~~.., . PENNSYLVANIA-SINGLE FAM" .!WIM(f1-l1.l\lI\lC:';t'IlFOOllllNSTRUIllrENF ,ii1~I\iI\:1QTPA/j~91/3Q39(9.90h '"i l"AGE 20F6 " ',-,', ,:' -- , :" I, ;l~T"'"""""' __"~'~,"~~.""_ .- ~~ ..... , I_,,,,,,,,,,~_- . ' ,."'.. ...cAN NO. 9 0 - 1 5 4 7 - 0 , All insuran~e policies and renewals shall be acceptable t~ lender ~ri":s~if~lude'li stan9~rd ~ortga~e' clause. Lender shall have the ,right to hold the policies and renewals. If lender reqUires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the even~ of loss, Borrower shall give prompt notice to the insurance carrier and lender. lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, . Insurance proceeds shall be applied to restoration or repair of the Property damaged if the restoration or repair is economically feasible and lender's security is not lessened. If the restoration or repair i~ not economically feasible or lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from lenderthat the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to lender to the extent of the sums secured by thJsSecurity Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection ofthe Property; Borrower's loan Application; leaseholds, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist whIch are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or lender's security interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In lender's good faith determination, precludes forfeiture of the Borrower's interest In the Property or other material impairment of the lien created by this Security Instrument or lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless lender agrees to the merger in writing. 7, Protection of lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect lender's rights in the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. lender's actions may include paying any sums secured by a lien which has priorITY overthis Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, lender does not have to do so. Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If lender required mortgage Insurance as a condition of making the loan secured by this' Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by lender lapses or ceases to be in effect, Borrower shail pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously In effect, from an aiternate mortgage insurer approved by lender. If substantially equivalent mortgage insurance coverage Is not available, Borrower shall pay to Lend~r each month a sum equal to one-twelfth of ~he yearly mortgage Insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In effect. Lender will accept, use and retain these payments as a I,oss reserve .In lieu of mortgage in,surance. loss reserve payments may no longer be required, at the option of lender, if mortgage Insurance coverage (In the amount and for the period that Lender requires) provided by an .ins':lrer approv~ by Lender again becomes ~vailable and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance In effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. . Inspection. Lender or its agent may ~ake reasonabt~ entries .u~on ancllnspections of the Property. lender shall gIVe Borrower notice at the time of or pnor to an Inspection specifying reasonable cause for the inspection. 10, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation are hereby assigned and shall be paiel to Lender. ' WOK 1145 PAGE 508 PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTPA/ /0391 /3039(9-9O)-L PAGE 3 OF 6 FORM 3039 9/90 I . .......,."."."!-"..... . _..,w r-r.......... ~ ': , " """I~ ~.~~~ '''''''''"''!'r ~""'" LOAN NO. 9 0 - 1 5 4 7 - 0 , . In the event of a total taking of the Property, the proceeds shall'bil applied to the '6dms secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking. is equal to or greater than the amount of the sums secured by thIs Security Instrument Immediately before the takIng, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately b.efore the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower. I n the event of a partial taking of the Properly In which the fair market value of the Property immediately before the taking is less than the amount of the sums secured Immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Properly Is abandoned by Borrower, or If, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to lender within 30 days after the date the notice Is given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. . 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor .in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's.successors in interest. Lender shall not be required to commence proceedings against any successor In interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In Interest. Any forbearance by Lender In exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest In the Properly under the terms of this Security I nstrument; (b) is nat personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Securtty Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security InstrumentJs subject to a law Which sets maximum loan charges, and that law is finally Interpreted so that the Interest or ether loan charges collected or to be collected in connection with the I.oan exceed the permitted limits, then: (a) any such 101l11.charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may cheose to make this refund by reducing the principal owed under the Note .or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for In this Security Instrumentshall be given by delivering it or b'o mailing it by first class mall unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice te Lender. Any nctlce tc Lender shall be given' by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. '., 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. in the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other proviSions of this Security I nstrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of'this Security Instrument. 17. Transfer ofthe Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it Is sold .or transferred (or If a beneficial Interest In Berrower Is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, requIre immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall pravlde a periOd of not less than 30 days from the date the notice Is delivered or mailed within which Borrewer must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted bYJhis Security Instrument w~hout further natice or demand ori Borrower. . '. . ,-~. . ~". _ dl" ~ ,r '. . I PENNSYlV)\NIA-SING~E FAMI~ y_... rSC/CMDTPA/ /0391/3039(9-90)-~ ,"0"0,,,,,,",",,,,-,,,, "' . r"'; Bo'DK1145 PACE 509 ~/.~~MC~~FORMINSTRUMENT ~, PAGE 4 OF 6 FORM 30399/90 ,. ..,. , ' ~ ~ '''''-~-r-~ . ~ " 0 ,~~~...,,~ ~ f" ~ -~ ~- , o""Wf"~~r.",,,,,, ",,,p" "LOAN NO. 9 0 - 1 5 4 7 - 0 . . 18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to hav~ enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days, (Qr such other pen~d as applicable law may specify for reinstatement) before ~Ie of the Prop,erty pursuant to any power .0.1 sale contained In this Seaurity Instrument; or (b) entry of a judgment enforCing this Security Instrument Those <;onpltl9ns are ~hat Borrower: (a) pays Lender all sums which then would be due under this Security Instrument alJd1lIe~ote as if .na acceleration had occurred: (b) cures any delault of any other covenants or agreements; (c) pays llJl eXPenses Incurr~d in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees; and (d) !akes such aclion as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rlUhts]n.!he Property and Borrower's obligation to pay the sums secured by this Security I nst~ment shall continue unchanglll:(, tJp(m. . reinstatement by BorrOWer, this Security Instrument and the obligatIOns secured hereby shall remafn!u1Iy.effectlve as II no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servlcer. The Note or a partial Interest in the Note (together with this Security Instrument) may be sold one Or more times without prior notice to Borrower. A sale may result In a change in the entity (known as the "Loan Servlcer') that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Sarvlcer unrelated to a sale ofthe Note. II there is a change of the Loan Servlcer. Borrower will be given written notice of the change In accordance with paragraph 14' abOVe and applicable law. The notice will state the name and address 01 the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do. anything affecting the Property that Is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance olthe Property. Borrower shall promptly give Lender written notice of any investigation, ciaim, demand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns. or Is notified by any governmental or regulatory authority, that allY removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the lollowing substances: gasoline. kerosene. other flammable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (IJ) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the defauh,sspecifled may result in acceleration of the sums secured by this Security Instrument, foreclosure . by judicIal proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate afler accele.-ation and the right to assert in the foreclosure proceeding the non-existence of a default or any other defen.eof Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums sec.ured by this Security Instrument, this Security Instrument and the estate conveyed shall.terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower. to the extent permitted by applicable law, waives and releases any error or defects In proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time. exemption from attachment. levy and sale, and homestead exemption. BoOK1145 PAGE' 510 , . . PENNSYLVANIA-SINGLE FAMILY'-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTPA//0391/3039(9-90)-L PAGES OF6 . ,: FORM 3039 9/90 """"~~" ",~~1\I!Il! ,,. 1,'1 ~ ",y !~ ~ ~" 11 < ~-~~, LOAN NO.9 0 - 1 5 4 7 - 0 24. Reinstatement Period. Borrower's time to. reinstate provided I.n I?~graph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or otlier sale pursuant 10.tl1!s Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lenllo Borrower 10 acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate paya!:lle after a judgment Is entered on Ihe Note or In an action of mortgage foreclosure shall be the rate payable froni time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) . OAdjustable Rate Rider OCondominium Rider OGraduated Payment Rider OPianned Unit Development Rider o Balloon Rider ORate Improvement Rider o Other(s) [specify) BY SIGNING BELOW, Borrower accep~s and agrees to the terms and covenants contained In this Security Instrument and In any rider(s) executed by Borrower and recorded with it. Witnessed as to all: 01-4 Family Rider o Biweekly Payment Rider DSecond Home Rider ?1La'Ui/J.tV: aUvru~U{ , .JP-JOkDJ JJ d4fA L e .1 i e G . Hoffer.' .: . (88al),... . -BorrOVief Social Security Number N/A (Seal) -BOrrower (Seal) -Borrower Social Security Number N/A Social Security Number N I A (Seal) -Borrower Social Security Number N I A /7 " /" J ,/ Agent 01 Mortgagee COMMONWEALTH OF PENNSYLVANIA, L LLnCLWLL. County ss: On this, the /(}ihdayof IY (,11-1./ Ie; {)3 ,before me, the undersigned officer, personally appeared Leslie G. Hoffer '1'-' known to me (or satisfactorily proven) to be the person whose name SUbscribed to the. W~.'. "l~~'~;{r~.' ,...... acknowledged that he/ she executed the same for the purposes herein contained. ''fl. ~:)'\~~::.::-:~i'~ IN WITNESS WHEREOF, I hereunto set my hand and official seal. '. . if. ".;"::'. ~.' ~~~~.;.. ':;":-':r.,;, '::" '.::: ;~I:,,",,*"JIi;~~~. v ...'l.~,:'" My Commission expires: 1/ 30 v& 7!a aU.)/ /hJi: a.t(f';J:'c,~.:~lt~. . NolaIial Seal l fit tI la /) / Ct / I:~~t<~~~~:...,~~?: . VaJeneS.Stad<nick '''''''"'~,~,,~ 7 /(L[LC r{U,{~'t?i2 '..1-(I}!...}... /,.".. ..,' H pd "",''':''y r-UUIl.... ,~ JII.".,. ." -1ftr;.;, 0:' am e~ Twp., Cu,:nbenand County '" .. . .... .. -' "...;.;>. MYCommlsslonF..xp;res~jov.30 '9.%. . Tille of Officer "'I. '~" ~~~., ., ,~ "1 ~~~;.~ Member, PennsylvaniaAssoCiationofT~oiar,:95 i\;, ',' _ - 'of' .~. . .' BofK1145 PAGE 511 PENNSYL'/ANIA-SINGLE FAMILY ISC/CMDTPA/ /0391/3039(9-90).' 'MA/"'!"ILllilq)J,l'lIFORM INSTRUMENT f ':;'~l PAGE60F6 " FORM 3039 9/90 -,,""''';'i:''*f'l'-, "," ,~.~,<",-,,~, .'''''''''~'~ '. _ ~f""1~ . ~ ~~ ".~ --"~" , ~ 1 - .~ - 'f'~- -~O~Wl\lr r > ~. ,- "" I' EXHIBIT "C" ," " ", '~ 'r{;;f~fJf! iii allfirst June 26, 2001 Leslie G Hoffer 213 E Locust St Mechanicsburg PA 17055 Certified Mail No. Account No. 0001987635 Mortqaqed Property: 213 E Locust St Mechanicsburq PA 17055 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECLOSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default a@d your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No.6), 41 P.S. Section 403); OR ; 2. . APPLYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FltlANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU , MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program wo.ks. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (P.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need rno~e informationl call the Pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR 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 AR~IBA. PUEDES SER ELEGIBLE PARA.UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT BAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. xCIn 604 JCD For Customer Service Inquiries call (888) 289-4610 "<~'-'~''''>'!l''~i4l! ,', " ~'V """"_"'""'~" i", -, 'r .'" 'I to;Y,?"~ \ "~;!'v I , Page 2 Loan No. 0001987635 ~EMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a nfac~-to-facen meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency. THIS MEETING'MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Ewing, NJ 08628 * Telephone Numbe~: 1-888-289-4610 Cdntact Person: MS. PULLI , CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or .with a consumer credit counseling agency identified in this notice, the creaitor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT GOUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting, Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice. If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Prog~am. 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 on the attachment. 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. It is extremely important that your XC178 008 JCD t"~'F:'C"'~ , ,?,,'~-,.~ 1'''''1 " I " .,,,,",,,,, ~;:)7!-' Page 3 Loan No. 0001987635 application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of it/s decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 17105. TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 213 E Locust St , Mechanicsburg PA 17055 IS .SERIOUSLY IN DEFAULT because: A. "YOU HAVE NOT MADE ,are now past due: Rayments of Principal Escrow Payments: Late charges: Attorney Fees/Costs Other Charges: TOTAL AMOUNT PAST DUE: THE MONTHLY MORTGAGE PAYMENTS. The following amounts and Interest: 1329.75 245.22 66.48 125.00 16.25 1782.90 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOAN HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Management Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. XC179 009 JCD """~~~ ~ ,-" ~ 'T"!f"' -~ - -- ~ ~/"".' ~,~'~" <_ ~ w" ~'~i'1>~ ~ <.-';,')' Page 4 Loan No. 0001987635 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However iE legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exc~ed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. IF YOU CURE THE 'DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEES. OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC180 008 JCD ;"-':!P~W":"""';"'"""C' - ~. ~ .~' l' 1'~ 1,"""-' '1"''''''1_'''' @ ~~ji1 " Page 5 Loan No. 0001987635 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your 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 creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. YOU ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR AT. THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED. CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT '. EXIST, * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE 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 CREDITOR. *TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Angela M. Berntson Second Vice President KC18l 011 JCD THIS.IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. 1"""?i'."~:!'lI:% l' ,., .'~' .,<"= _ ,c_ I" ,~ ....;,;:;..~.,..."'!i . . :~ . 1 t1 . , ~ . . .', -. 'r" ':.!.' m "'" ::r- LlJ t'- II" ...0 o .-'l II" ru .-'l LlJ ['- Ul ::r- ,. .."...".,.,....::....::.-----. Postage $ Certified FeE!' " . Return Receipt Fee (Endorsement Rtlquired) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ *-~ -'-":;- ~.2.:-...::- .. ...,.",.;.. ~ I .c. -'-.,,~~~ ~,' .' UU019R'?635 "E::kIE G HOFF~p' :: 1.';'; f: LtJCUsr ST r~H: C;.!Af\JXCSBURC p}, 17055 ..lI o M ['- F (;.<' DOO'! '::..~a.?63S ..u06-26-{) 'j ~~M...tl4-u'~ -\',l 'f PS Form 3800, June 2000 US PaSlal Service UCJ) Certified Mail Receipt ;jI .' <''''. . ";'.::,'.:; .'.,' . " . , ,'" i..~ ".' ,,,.: ;'~ ',. ,.,," ." ,. ,t VERIFICATION I, Audrey J. Rosario-Otero, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. ~4~~th) udrey J. Ros '0 tero Assistant Vice President , I:f ~~" -""0;,fi~~",, ". "" It ,- ~=. " ~~, H -. III llllnm ~ In ! TlrJmmflll'lWl1fi1'irT' ,: ,,, t (:) () 0 i C" ~ {q v~ 0 Q .." .c [riFf? c"') ~~ 7 ,J .~ C) ~s~! -J ri :~'J '- t ~ '- ,- ...... 2i(5 en nl ~ 1J 0 ~ C"")- "', i "', -n ;~'(W --.J D ~0 :::,:; 8 () ! I 0- pC; c S~ -'" ()rrt V ""- '"V V) ~ :v ::::--:l ",I~'" P- I..; ..0 t -< ~ ~ f'JiJ) rl, u~ Or ip .; ."I" l~ ---- \ ~- - l::muu.wn ffH:>I:!'~ :rr~"__,._r,',,,~ "~~~-,~-, ,,_M."~_~~!ffl.f)'~!W6~~"'~''7J'-'-:''W';';''''''_:--r,-''.' !-":-~""""1c'Fi1r,~r_t(""l*fl,~~~,Jiji,"$Jf~~WJ,UiI!'~~~:_'W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, v. ISSUE NO.: LESLIE G. HOFFER, TYPE OF PLEADING: Defendant, PRAECIPE TO REINSTATE COMPLAINT FILE ON BEHALF OF: Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR TillS PARTY: Scott A. Dietterick, Esquire P ALD. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 i" ;;c",_ ~,__~,:,~, ,>"'.~J"")-.~~,~"""_,,,,~,,~,,~,_._,., _" 'C" ~'"=;,~".,, ""e. "'",'1'1''''~i ,,'- . -"-_,~ ,,> ",,,,..,_ _" _' . "_<,~_ ." _,~_u.o _ ,--, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Respectfully submitted, JAMES, SMI H, DURKIN & CONNELLY LLP DATE:~ )}111 BY: 'ott . Ie eri k, squire Attorneys for Plaintiff PALD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 -','c.-" ''', ~.-'" '.. -'- ~~ _,],_, c ",-,,~-' , .~-- -"," _ilL, "0'''- ""'~='''.~' ~ ... _u,~ .'~ -'"'''. '..n _ _" CY CP 0 ~ ..,~-- tf=. p; :;:-::J f' +- "" ) -, 0 ~ (he rf;- -< ,. L-::' [:: , -t7 .......' <:: ~-"" :3 -- _.::0 ~-' :t) .J>{~: lJ) ""- ~ ~ (p -~ .-J :i ,,~:p:;~x~~ ,.~~~ .-!~' ",,,-,~ ,';' --"",.:..",,~ ~ SHERIFF'S RETURN - NOT FOUND .. 4 CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HOFFER LESLIE G but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOFFER LESLIE G PER POST OFFICE, LESLIE HOFFER MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18000 6.50 5.00 10.00 .00 39.50 R. homas K1i~e"'/ Sheriff of Cumberland County JAMES SMITH DURKIN CONNELLY 10/31/2001 Sworn and subscribed to before me this qf!::: day of~ :Mot AoD. Qr- f2. ~;,.. #- Pr t onotary , ~~'J U.Yl\~~r.~. ,,_,,=;.. ,_~,= ,~ ,...,..,.,_.""~~.>> &.~ Uj J~ ~ ~~. !'-' rrl./q. :: .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WlTIllN TWENTY (20) DAYS FROM SERVIC HE OF OR A DEFAULT JUDGMENT ATTO I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 77408 Ewing, NJ 08628 AND THE DEFENDANT(S): 213 E. Locust Street Mecha . s ArIO CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL TATE AFFECTED BY THIS LIEN IS 213 E. S Mechanicsburg, PA 17055 ATTO "'-I<i"I"''''1';--~ ~ I , , rot ". H ~, 1 ~ ~ CML DNISION NO.: 0 I -$1'-0 Cu~l'-r~ TYPE OF PLEADING CNIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 TRUE COPY FROM RECORD In Te;~f:mG~lf ~il'lr~e,roofr ~ here unto sat n1}~ h~md flml tho seal iJ'i said Court at Carlisle, Pao ~ Thi4J;:: ~a~ ~} ~::,~~ thonotary ~ I Ill" _ __ ,'" ii" "~"< " . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DNISION NOo: Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 :r""''''-F''''~,_ __. r ~ '~_" '7 _ ~"_, _, 1-, , .= ~,~,~"' .-, ~-,~" ''';' . . ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION NO.: Plaintiff, vs. LESLIEG. HOFFER, Defendant. A VISO USTED HA SIDO DEMONDADOI A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A V AY A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR AS1STENC1A LEGAL. 'LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 -'1'---i!l"'''''~', ,'"' ~_, """ 1":'[ - ~~ ,~ i', --1 , ,-~. ,''''' ~ , f" ,~ -~ -~~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DNISION NO.: Plaintiff, vs. LESLIE G. HOFFER, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, which has a place of business at P.O. Box 77408, Ewing, New Jersey 08628. 2. The Defendant, Leslie G. Hoffer, is an adult individual whose last known address is 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055. 3. On or about June 16, 1993, Defendant executed a Note in favor of Plaintiff in the original principal amount of $59,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 16, 1993, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of$59,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 25,1993, in Mortgage Book "''''i-e",,:-"!H~ ., .,:= ''''"r^ ,'^I :- ",'.r .., , . - TI Volume 1145, Page 506. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner ofthe aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about June 26, 2001, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice ofIntention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. 9101, et seq. A true and correct copy of said Notices is marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal Interest through 10/12/01 Late Charges Escrow Advance Other Fees Attorney's Fees Court, Sheriff & Title Costs $ 54,095.73 $ 2,752.80 $ 129.27 $ 518.93 $ 16.45 $ 800.00 $ 2.500.00 TOTAL $ 60,813.18 plus interest on the principal sum ($54,095.73) from October 12, 2001, at the rate of $12.40 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 'f'';--'~'''.~'l;!""1''_,. _,.,,,,,,~~,._," c __,', 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.SoC. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days ofreceipt of this pleading, Counsel for Plaintiffwill obtain and provide Defendant( s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant( s) the name and address ofthe original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of$60,813.18, with interest thereon at the rate of$12.40 per diem from October 12,2001 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, S & CONNELLY LLP BY: Scott A. D' etterick, Esquire Attorneys for Plaintiff PALD. # 55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r";"fJI/"1l4 " '_" ~ - ',' '!' , 1 !' ~ or' ~- 1"1 , .,., "~'l "'_'-'''''','7.' I_P' " "'^ . ;,_o','M"""f"__" '-". "'I "".-~ EXHIBIT "A" <.., -1""" , ~" ('" "<l;j""j,'i1 "".,". NOlE LOAN NOo 9 0 - 1 5 4 7 - D J u n e 1 B. 199 3 [Date] Camp Hill [Cily] Pen n s y 1 van i a [State] 113 East Locust Street.Mechanicsburg.PA 17055 [Property Addres.] 10 BORROWER'S PROMISE TO PAY In return for a loan that f have received, I promise to pay U.S. $ 5 9 , 0 0 0 . 0 0 (this amount Is called "principal"), plus interest, 10 the order of the Lender. The Lender is DAUPHIN DEPOSIT BANK AND TRUST COMPANY. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST . interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 8. 2 5 0 0 %. . . . The Interest rate required by this Section 2 Is the rate I will pay both before and after any defauit described In Section 6(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1 . t day of each month beginning on A u 9 u s t 1, 1 9 9 3 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on J u 1 y 1, . 1023 ,I still owe amounts under this Note, I will pay those amounts In full on that date, which is called the "maturity date." I will make my monthiy payments at P . O. Box 4 B 4 4 . H A R R I S BUR G, PAl 7 1 1 1 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 44 3 . 2 5 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder In writing that I am doing so. I may make a fuli prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or In the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. lOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected In connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (i1) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. ' 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 1 5 calendar days after the date it is due, f will pay a late charge to the Note Holder. The amount of the charge wRl be 5. a 0 a a % of my overdue payment of principal and intllrest. I will pay this late charge promptly but only once on each late payment. (8) Defa ult If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. MULTISTATE FIXED RATE NOTE~SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CNOP*//0592/3200(12.83).k PAGE 1 OF 2 FORM 3200 12/83 L-'-''''"-!'"",''''j~ ;-~'-'- -"~",""'~ I I . r -.! . , , "' ,_N LOAN NO. 90-1547-0 (e) Notice o' Default If I am in default, the Note Holder may send me a written notice telling me that K I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which .has not b~en paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice IS delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately infull as described above, the Note Holder wlll stili have the right to do so if I am in default at a later time. (E) Payment of Note Hoider's Costs and Expenses If the Note Holder has required me to pay Immediately In full as described above, the Note Holder wili have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, lor example, reasonable attorneys' fees. 70 GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering It or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. . Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mall to the N'OteHolder at the address stated In Section 3 (A) above or at a different address if I am given a notice of that different addresso . 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person fs fully and personally obligated to keep alf of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, Including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 90 WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment' means the right to require the Note Holder to demand payment of amounts due. 'Notice of dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 100 UNIFORM SECURED NOTE This Note Is a uniform instrument with limited variations in some jurisdictions. in addnion to the protections given to the Note Holder under this Note, a MortgaQe, Deed oITrust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result If I do not keep the promises which I make In this Note, That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note, Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrowero If all or any part of the Property or any interest In n Is sold or transferred (or If a beneficial interest in Borrower Is sold or transferred and Borrower is not a natural person) wnhout Lender's prior written consent, Lender may, at its option, require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. I.f Lender exercises this option, Lender shall give Borrower notice of acceieratlon. The notice shall provide a period of not les$ than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 7/{/({illiJ j},VL,ta U17U C,( (Seal) ~eJD;j, JJ ~1~) L{LL(tIU(),!) ~"r.'".r L e s 1 i e G. H 0 f f e (Seal) ~Borrower (Seal) ~Borrower (Seal) -Borrower (Sign Original Only) },':0'f,J""1'i'T'!'if1'''-'''i''''. " "P~1-'" _ ' i ~~ . ~ -', 1 ~-~ , ,. - ('-;,,"',~"',,^()Jl' 0., , ~- EXHIBIT "B" ,.r--." "" ~~, ," ,,-~, __c-~_ _ < --- . , ~ ,~. =, \2.~)' "".,;.,. AFTER RECORDING MAIL TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY P .0. Box 4 6 4 4 H A R R I S BUR G. PAl 7 1 1 I :';:'1"- , - .~, .. .: j: ~'L l.: G:) , "..,~"., 1 ,..... V r1 \ , _n.... ".... '" II I ( - r ri '93 JUN 25 Pf/1238 LOAN NO. 9 0 - 1 5 4 7 - 0 [Space Abcve This Une For Recording Dala] MORTGAGE THIS MORTGAGE ("Security Instrument') is given on Leslie G. Hoffer June 16,1993 . The mortgagor is ("Borrowe~'). This Security Instrument is given to DAUPHIN OEPOSIT BANK AND TRUST C~MPANY, which is organized a.nd eXisting underthe laws of. " ., ", . , " , ar.d whose address IS P.O. Box 4 S 4 4; H A R R I S BUR G, PAl 7 1 1 1 ( Lende~). Borrower owes Lenderthe principal sum of F i ft y N i neT h 0 usa n d 0 0 1 1 a r san d n 0 / 1 0 0 , Dollars (U.S. $ 5 9 . 0 0 0 . 0 0 ). This debt is evidenced by Borrower's note dated. the s,;me date as thiS Securtty Instrument ("Note"), which provides for monthly payments, wtth the full debt, If not paid earlier, due and payable on J u 1 y 1. 2 0 23 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, wtth interest, and all renewals, extensions and modifications of the ~ote; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; a~d (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For thiS purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in o a u phi n County, Pennsylvania: ' " BEING MORE FULLY DESCRIBED ACCORDING TO LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. ,,,' which has the address of Pennsylvania 2 1 3 E a s t L 0 C u s t [Street] C'Property Address"); Street M e c h ani c s bur 9 [City] I 7 055 [Zip Code] TOGETHER WITH all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or herealter a part of the propertyo All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all elaims and demands, subject to any encumbrances of record. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT BOOK 1145 PAGE 506 ISC/CMDTPA/ /0391/3039(9-90}-L PAGE 1 OF 6 FORM 3039 9/90 r ''''';l1",!1''l-Ol"''''''"'",_ ,",0 I I .~ .~ 0 L~ LON,J'NIl. 9 0 - 1 5 4 7 - 0 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 10 Payment of Principlll and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 20 Funds for Taxes and Insuranceo Subject to applicable law or to a written waiver by Lender, Borrower shall pay to lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood Insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (0 any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These Items are called 'Escrow Items.' Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ('RESPA'), unless another law that applies to the Funds sets a lesser amount. If so, lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality, or entity (including lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and applicable law permits lender to make such a chargeo However, lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by lender In connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender may agree In writing, however, that interest shall be paid on the Funds. lender shail give to Borrower, without charge, an annual accounting of the FundS, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds In accordance wtth the requirements of applicable iaw. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at lender's sole discretion. Upon payment in fuil of all sums secured by this Security instrument, lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shail acquire or seil the Property. lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acqulsttion or sale as a credtt against the sums secured by this Security Instrument. 3. Application of paymentso Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 40 Charges; Liens. E?orrower shall pay all taxes, assessments, charges, fines and imposttions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the perSOl'l owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. if Borrower makes these payments directly, Borrower shall promptly furnish to lender receipts evidencing the payments. ' Borrower shall promptly discharge any lien Which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the flen in, legal proceedings which In the Lender's opinion operate to prevent the enforcement of the lien; or (0) secures from the holder of the lien an agreement satisfactory to Lender SUbordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 50 Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Prope~ insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, Including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that lender requires.. The Insurance carrier providing the insurance shall be chosen by Borrower subject to lender's approval ",;,hll:h shall not .be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at lender s option, obtaIn cClIIerage \0 protect Lenders rights In the Property in accordance with paragraph 7. ' :!'-,"-r,,3",''t'lit PENNSYLVANIA-SINGLE FAMI' ..,. J - -'"~', _'_ - -"p _ . -, ,- '. " ,"I', .\ll'Al\.i....,il.M~"-1!f(tl1ll41 IWSTR\!lMEN'F Jr _'. __, ,_, -,' ~ " ". " ". BO:~ 1 145 PAGE 507 .' - ~ ,- nt"'7r" FORM 3039 9/90 ,<:,,:.J.'_.- ". -"'--I..DAN NO.9 0 - 1 547 - 0 , ~, insurance policies and renewals shall be acceptable to lender ~;:'~:shail~ludij a st~ripl!lrd mortgali'e clause. lender shall have the right to hold the policle~ and renewalso If lender requires, Borrow~r shall promp~ly gIVe to Lender all receipts of paid premiums and renewal notICes. In the event of loss, Borrower shall gIVe prompt notice to the insurance carrier and lender. lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Properly damaged, if the restoration or repair is economically feasible and lender's securi~ is not lessened. If the restoration or repair is not economically feasible or lender's security would be lessened, the Insurance prt;lceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from lender that the insurance carrier has offered to settle a ciaim, then lender may collect the insurance proceeds. lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless lender and Borrower otherwise agree in writing, any application of proceeds to principai shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection ofthe Property; Borrower's loan Application; leasehold So Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty da.ys afterlhe execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be In default If any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith jUdgment could result In forfeiture olthe Property or otherwise materially impair the lien created by this Security Instrument or lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, In lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to lender (or failed to provide - lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold, Borrower shall compiy with all the provisions of the iease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless lender agrees to the merger in writing. 7. Protection of lender's Rights in the Property. If Borrower falls to perform the covenants and agreements contained In this Security Instrument, or there is a legal proceeding that may significantly affect lender's rights in the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender may do and pay for whatever is necessary to protect the value of the Property and lender's rights in the Property. lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although lender may take action under this paragraph 7, lender does not have to do so. Any amounts disbursed by lender under this paragraph 7 shall become additional debt of Borrower secured by !his Security Instrument. Unless Borrower and lender agree to other terms of payment, these amounts shall bear Interest from the ~ate of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insuranceo If lender required mortgage Insurance as a condition of making the loan secured by this' Security I nstrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by lender lapses or ceases to be in effect, Borrower shail pay the premiums required to obtain coverage substantially equlvaient to the mortgage insurance previously in effect, at a cost substantia!'y equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by lender. If substantially equivalent mortgage Insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. lender will accept, use and retain these p.ayments as a I.oss reserve ,In lieu of mortgage in.surance. loss reserve payments may no longer be required, at the op~lon of L.ender, if mortgage Insu~nce coverage (In the amount and for the period that lender requires) provided by an ,Ins':lrer approv~ by Lend~r again becomes 8;vadable and Is obtained, Borrower shail pay the premiums required !o maintain mort~age Insu!"8nce In effect, or to prOVide a loss reserve, until the requirement for mortgage insurance ends In accordance with any written agreement between Borrower and lender or applicable iaw. 9. 0 Inspection. lender or its .agent may ~ake reasonable entries upon and inspections of the Property. lender shall gIVe Borrower notice at the time of or pnor to an inspection specifying reasonable cause for the inspection. 10. Conde":lnation. The p~oceeds of any award or claim for damages, direct or consequential, in conhection with any condemnation or ot~ertaklng of any part of the Property, or for conveyance in lieu of condemnation are hereby assigned and shall be paid to lender. ' Bo6K1145 PACE 508 PENNSYLVANIA-SINGLE FAMILY-FNMAjFHLMC UNIFORM INSTRUMENT ISC/CMDTPA//0;391/3039(9-90).L PAGE 3 OF 6 FORM 3039 9/90 .t"'''"''',W'''~i,%~_ _',~ ~. ' ,,,,"V ,_ ~~" ~ " ". . ~ , LOAN NO. 9 0 - 1 5 4 7 - 0 In the event of a total taking of the Property, the proceeds shali'b~ applied to thellEims secured by this Security Instrumen~ whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value 01 the Property immediately before the taking Is equal to or greater than the amount of the sums seCUred by this Security Instrument Immediately before the taking, unless Borrower and Lenderotherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the taking, divided by (b) the lair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property Immediately before the taking Is iess than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or~, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice Is given, Lender Is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to In paragraphs 1 and 2 or change the amount of such p~yments, 110 Borrower Not Released; Forbearance By Lender Not a Waivero Extension of the time lor payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor In interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in Interest. lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and AssIgns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest In the Property under the terms 01 this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security I nstrument or the Note without that Borrower's consent. 13. Loan Chargeso If the loan secured by this Security InstrumentJs subject to a law which sets maximum loan charges, and that law is finally interpreted so that the Interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 140 Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering It or b" mailing It by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided In this paragraph. ", 150 Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction In which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy 01 the Note and o/this Security Instrument. . .17. Trsnsfer ofthe Prol?erly or a ~eneficiallnterest in B.orrower. If all or any part of the Property or any interest In it IS sold or transferred (or n a beneficial Interest In Borrower IS sold or transferred and Borrower is not a natural person) without Lender's prior written consent, lender may, at its option, require immediate payment in lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ~ exercise is prohibited by lederal iaw as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of no! less th~n 30 days from the date the notice is delivered or mailed wnhin which Borrower must pay all sums secured by thiS Security Instrument. II Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by ,this Se~~~ity Instrument w~hout further notice or demandori Borrower. '., " ':'f''ji~W'~,i"ffT PENNSYLVA'NIA-SINGLE FAMILY-' ~F.J~"o;~ll')'dfll i'la.1~(j]ll'llil ", BOOKH45 PAGE 509 . ., ~c ,',< .. "'{' 1A/""LMCr'JfORM INSTRUMENT ~ """,,'] " ~~iiHn ~~-" L""''':, 5}-:'\ FORM 3039 9/90 '!;!1" . .,.~'" "LOAN NO. 9 0 - 1 5 4 7 - 0 " . . ,180 Borrower's Right to Flelnstateo If Borrower meets certain conditions, Borrower shall have the right to hav~ enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days(Qr such other pen~d as applicable law may specify for reinstatement) before sale of the Property pursuantto any power .~f sale contained In this Seourity Instrument; or (b) entry of a judgment enforcing this Security Instrument Those llondttl.Qns are ~hat Borrower: (a) pays Lender all sums which then would be due under this Security Instrument a~d1he~~ote as If .no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays 13.11 expenses Incurr~d in enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees; a[ld (d) !akes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rlghtsJn.!he Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged, Upon. ' reinstatement by BorrOWer, this Security Instrument and the obligations secured hereby shall remain !Oily, effective as If no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold OnE:! or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servlcer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servlcer unrelated to a sale of the Note, If there Is a change of the Loan Servlcer, Borrower will be given written notice of the change In accordance with paragraph 14'above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substanceso Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that Is in violation of any Environmentallawo The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regUlatory authority, that allY removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materiais containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 20, "Environmental law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedieso Lender shall give notice to Borrower prior to acceleration following Borrower's brea,ch of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the. de!a!llt as spec!fied may result in acceleration of the sums secured by this Security Instrument, foreclosure . by JudiCial proceedmg and sale of the Propertyo Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense ~f Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclo,se this Security Instrument by judicial proceedingo Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 220 Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any r~cordation costs. 23. Waiverso Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to e,:,force this Security Instrument! and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. BoOK1145 PAGE 510 PENNSYLVANIA-SINGLE FAMILY'-FNMAfFHLMC UNIFORM INSTRUMENT ISC/CMOTPA/ /0391/3039(9.90)-L PAGE 5 OF 6 FORM 3039 9/90 "T',l\,Wk;'Y~ ',~_, "'j --". '1"1 - ~ ,-, ~-"- LOAN NO. 9 0 - 1 5 4 7 - 0 24. Reinstatement Period. Borrower's time to, re,instate wovided I,n I?a.ragraph 1B shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to.tl'\!s Security Instrument. 25. Purchase Money Morlgageo If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security I nstrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a judgment Is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated Into and shall amand and supplement the covenants and agreements of this Security Instrument as if the r1der(s) were a part of this Security Instrument. [Check applicable box(es)] DAdjustable Rate Rider o Condominium Rider DGraduated Payment Rider DPlanned Unit Development Rider o Balloon Rider 0 Rate Improvement Rider o Other(s) [specify) 01.-4 Family Rider' o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW, Borrower accep~ and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnessed as to all: ''7' Ii' , cl{z t!/UJ/J in aUvn{.lfL " ;{edDkPJ1:J d4A' L a ,1 i a G, H 0 f for, " .,- _-o-'~ _ f ,', ,(Seal)', . .' ~BorTower Social Security Number N 1 A (Seal) .BOrrower (Seal) MBOrrower Social Security Number N/A Social Security Number 'N 1 A (Soal) -Borrower Social Security Number N 1 A ISpace Selow This Une For Acknowledgment! ;?ttJt[ du/ /7 "A 1'" ,I ' L ' Agent 01 Mortgagoe COMMONWEAlTH~PENNSYLVANIA, LiU1v...u...lLL ' Countyss: ' On this, the / (; '7 day of f)C/l<-U / C; q:3 ,before me, the undersigned officer, personally appeared Los 1 1 a G. H 0 f for Certificate ,of Rics,idence I Ji /.! ,,'f I, C t! if!) ((Ie VI /1{/ , do hereby certlfythatthe correct address of the within-named Mortgag IS P . O. Box 4 6 4 4. Ii A R R I S ~1 R G, PAl 7 I 1 1 Wnness my hand this Ii{ 111 day of /) i/llt / c?f/3 {' (U .7 v known to me (or satisfactorily proven) to be the person whose name subscribed to the,\VI~,,' "l~_g~~.,i<" acknowledged that h a / she executed the same for the purposes herein contained. 'J ~,!)'<I:::..--.":::& b~~. IN WITNESS WHEREOF, I(hereunto set my hand and official seal. wljt~;!1t,.~r~:"-~:;;;" My Commission expires: 1/ ,2() 01_ 7/iJ.. CLUJ..! )ilt" a.,~ ,: '_e~"~, ::Jl. 7 II' -'t ~ - 1;). '~ij;;Ji"t'"''"''''' , NolarialSeaJ If} -l/J, t' I_~'kl\~!!.\:~~~~>:~i".", VaieneS.Stacknick, Notarypublle 7 {(lcu... 2 / rUJ..,~'f<,). ....(!,~~:~..,.~.r!,1\.;J", Hampdo~ T'!'P., Cumbenand Counly v.., " .. ....' '~,' MYComm!SSlonExplres~.k)V.30, 1996, Title of OffIcer IIOf'II,^tl1. ~~~,,:~ Member Penn,,;lvan'-As --~_._--_ ,~y.: ,..mr.;",-,~"" , "fa. c;SOOa!Jon Of NOla'"f3S '\' . Boodi45 PAGE 511 PENNSYLVANIA-SINGLE FAMILY ISC/CMDTPAj /0391/3039(9.90)-1 ,--.~ '- fo ,- ~ ;~" _or,. ~," I -,-- , 'MA/""lU\M:;'!'\!lIFORM INSTRUMENT tJ PAGE 6 OF6 FORM 3039 9/90 '.-:V"'i\>:;!~: f1,',\""',:~,' ;\(;.::] ~":;1'~~~""'_ . <"")' , I"" ~ "fl"'J~"l . EXHIBIT "e" . 1 ,~ ~ "" . allfirst June 26, 2001 Leslie G Hoffer 213 E Locust St Mechanicsburg PA 17055 Certified Mail No. Account No. 0001987635 Mortgaged Property: 213 E Locust St Mechanicsburg PA 17055 YOUR MORTGAGE IS IN DEFAULT FOR THE REASONS SET FORTH IN THIS NOTICE. YOUR LENDER MAY FORECWSE AND YOU MAY LOSE YOUR HOME. IF YOU WANT TO SAVE YOUR HOME FROM FORECLOSURE, YOU MUST TAKE ACTION NOW BY EITHER: 1. CURING THE DEFAULT - This notice explains the nature of the default a~d your rights to protect your interest in your home (See Section 403 of the Act of January 30, 1974 (P.L.13, No, 6), 41 P.S, Section 403); OR ; 2. 'AP~LYING TO THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU . MAKE FUTURE MORTGAGE PAYMENTS - Read this notice to find out how the program works. YOU MUST MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE IN ORDER TO APPLY. See Act of December 23, 1983 (~.L. 385, No. 91) 35 P.S. Section 1680.201c-1680.409c. If you need more information, call the pennsylvania Housing Finance Agency at 1-800-342-2397. LA NOTIFlCACION EN ADJUNTO ES DE SUMA I MPORTANCIA , PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFlCACION 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 CAS~ LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 ("THE ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF RESUMING YOUR MORTGAGE PAYMENTS AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, PLEASE READ ALL OF THIS NOTICE, IT CONTAINS AN EXPLANATION OF YOUR RIGHTS. XCl77 604 JCD For Customer Service Inquiries call (888) 289-4610 ;1-;"0~- _"J_ , ~-" -'o-I"._! "',,,,7 Page 2 Loan No. 0001987635 TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of the creditor or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan or to otherwise settle your delinquency, THIS MEETING'MUST OCCUR WITHIN THE NEXT (30) DAYS. HOW TO CONTACT THE CREDITOR: Name of Creditor: Central Loan Administration Address: P.o. Box 77410 Ewing, NJ 08628 * Telephone Numbe~: 1-888-289-4610 Cdntact Person: MS. PULLI . CONSUMER CREDIT COUNSELING AGENCY - If you meet with your creditor or .with a consumer credit counseling agency identified in this notice, the creditor may NOT take action against you for thirty (30 ) days after the date of this meeting. THE NAMES AND ADDRESSES OF DESIGNATED CONSUMER CREDIT GOUNSELING AGENCIES FOR THE COUNTY IN WHICH THE PROPERTY IS LOCATED ARE SHOWN ON THE ATTACHED SHEET. It is only necessary to schedule one face- to-face meeting. Advise your creditor IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth in this Notice, If you have tried and are unable to resolve this problem with the creditor, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed on the attachment. 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 (3D) 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. It is extremely important that your XC178 008 JCD ; -;4\W,,~:;:p~"jj '. _ 1-,"' . o. '~7'"'__, ~ ,,,.,, ~ I _ W" . . Page 3 Loan No. 0001987635 application is accurate and complete in every respect. The pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of it's decision on your application. THE PENNSYLVANIA HOUSING FINANCE AGENCY IS LOCATED AT 2101 NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG, PENNSYLVANIA 171050 TELEPHONE NO. (717) 780-3800 OR 1-800-342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED HEARING CAN CALL (717) 780-1869. HOW YOUR MORTGAGE IS IN DEFAULT NATURE OF THE DEFAULT- The MORTGAGE debt held by the above creditor on your property located at: 213 E Locust St , Mechanicsburg PA 17055 IS .SERIOUSLY IN DEFAULT because: A.'YOU HAVE NOT MADE THE MONTHLY MORTGAGE PAYMENTS, The following amounts are now past due: Eayments of Principal and Interest: 1329.75 Escrow Payments: 245.22 Late charges: 66.48 Attorney Fees/Costs 125.00 Other Charges: 16.25 TOTAL AMOUNT PAST DUE: 1782.90 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: REINSTATE THE LOAN HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE to the creditor plus any additional monthly payments and late charges which may fall due after the date of this notice and the date you make your payment. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Central Loan Administration 425 Phillips Blvd. Ewing, NJ 08628 Attn: Cash Managemen't Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this lettero XC179 009 JCD "'f':':t-.l'OO: . "'"' -."",,-0,",,-";, I"'F' ~, , 3~ Page 4 Loan No. 0001987635 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, THE CREDITOR INTENDS TO EXCERCISE ITS RIGHTS TO ACCELERATE THE MORTGAGE DEBT. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly instailments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the creditor also intends to instruct its attorneys to start a lawsuit to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the creditor refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the creditor even if they exc~ed $50.00. Any attorney's fees will be added to the amount you owe the creditor, which may also include other reasonable costs. IF YOU CURE THE 'DEFAULT WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY ATTORNEY'S FEESo OTHER CREDITOR REMEDIES - The creditor may also sue you personally for the unpaid principal balance and other sums due under the mortgage. You can not be sued personally if you have obtained a discharge in a Bankruptcy proceeding. In that circumstance suit will be for property only. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, YOU STILL HAVE THE RIGHT TO CURE THE DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE THE SHERIFF'S SALE, YOU MAY DO SO BY PAYING THE TOTAL AMOUNT PLUS ANY COSTS CONNECTED WITH THE FORECLOSURE SALE AND ANY OTHER COSTS CONNECTED WITH THE SHERIFFS SALE AND BY PERFORMING ANY OTHER REQUIREMENTS UNDER THE MORTGAGE. EARLIEST POSSIBLE SHERIFF.: S DATE - It is estimated that the earliest. date that such a Sheriff's Sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the creditor. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the creditor at the address set forth above. XC180 008 JCD ,.,~,",.j1:ii\'!I\!'~'~l_, 1',-~"--1,_ "..._ ~,~ ~_',? .. '" ~ . Page 5 Loan No. 0001987635 EFFECT OF SHERIFF'S SALE DATE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your 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 creditor at any time. OTHER RIGHTS THAT YOU HAVE - You have additional rights to help protect your interest in the property. YOU ALSO RAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID TO OR AT'THE SALE AND THAT THE OTHER REQUIREMENTS OF THE MORTGAGE ARE SATISFIED, CONTACT THE CREDITOR TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT . EXIST. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE 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 CREDITOR. 'TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely. Angela M. Berntson Second Vice President KC181 011 JCD THIS,IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED IN RESPONSE TO THIS WILL BE USED TO FURTHER THAT END. I--.-T:~_,l_, ~'1:- h, _ " . ,~ ,~ fl1 o[J ::r- Ul Postage $ f'- tr JJ o r'l tr ru r'l Ul r- 111 =r Sent To: {~' in -'j liFt, '; ",IE 6 H(H~ l<,;I,~ U<.~ r nc, ".'LAllJIC .;t:;Ui' Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (El'i\1msool.lmt Required) Total Postage & Fees $ ..ll D r'l r- ;') _ .,; ~lg S1" P.t.. '1 06- 1 pM '~ ..~t~ '1 PS Form 3800, June 2000 Certified Mail Receipt :ill --:i- .';f<~<;,,,,"1>:""i~JQ,,iU!il:l'i8!It!l!IIlfflf.lI!I_~IP'lm-~t,.\'!1!r..,.,'.~_=~_"""~~ 1~- ~''F"m.e'~ .......""''''~ =,.."~"","7=<""""'~-~II"I'i'''';'~'!1"n'lffi>>~""" ... ".-" .. '. VERIFICATION I, Audrey J. Rosario-Otero, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A" sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. udrey J. Ros 0- t~ro Assistant Vice President '~,~~ ",_",_"~r,,"T",, c.,,___ " " c., '.l~mll'itl~!I@~l:<iil';""'r,tlJiill.,tN,"~~~,~.lsW'<""'",f"'~b'!';;~1'''''i;;'.;m,,*,nil.""!!lf..i!;,~~;M:;;M,;JW:l-_~~~l . "o"~._'Ii' ~~~. , ~~,:\tl,~~~ ," " Gel 1'1 ',,: 1 '\n ,',I . Ld I ,~ t.),.. \ ' ,', ,..'J, ,. ' 3ljJ~~~ il jJ f!IJ il~ ~ 'Il Li,~.,L!L . .,~~'= "~"""''''''_''~""",'''~~''''"'='= "~~,_, '!R'~"" ,~. ~. _,,~ .,4" ,~~ .=~ _ . " ,'-' , ,~~ "~.. .~ . , ,. ~ , Nav 2 1 2001 (/'0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ALLFIRST BANK flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. ORDER OF COURT AND NOW, this .t'r day of ,V, rc.,.....I,v ,2001, upon consideration of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure and Notice of Sale, if necessary, on Defendant, Leslie G. Hoffer, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055 and by mailing a copy to Defendant's last known address, being 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and comolete upon such posting and J,mblication in accordance with Pa.R.C.P. 430. J. jI rrp.J (D.Jf) ~ Lu.-:l~'OI I (p..XS i~_ '-', -~" "~y!,')'",'y.",--g,~_~:CC"'",,_"," ,"~_,~_'" <r_"_~ 'i~~'~''"'' '''''';''''''''''h _ ,-,,~~ _ _'C.,_'" ~ ~ . ~ _ ~4.~~_~;,;'.";;ll;~ili:lijU r :i'i:m~Mill~~~~~..p-""""'''''ili'~ ~it.,-,_~c*.~_,_, ,,~_, _,'"d. ""'__,_ .~~_ "",",";"_0",',""_'l',*"~!"',-'",,, ,<. '0 0 ',',",', ~d" --',\i".-"','"O""_,,?c ~ -, ,~" ' /,\1- \,il r+L::J) - CfHCE : In>,JDTNiY U~, I "!IV" "1 rt!J ~- t.. e,l" ,. 0" : r: i..j- S CUM8E0:Li\i'~lJ COUNTY PENNSYLVANIA o. . >0,1,'_-"'___,,"'" '~7 ,__ '" ,_ ,,_~. _"_~ _'..A I/g SJ ".~ - "..~ ~- > ~_: ~;,~!.r- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, TYPE OF PLEADING: Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.RC.P. 430 FILE ON BEHALF OF: Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR TillS PARTY: Scott A. Dietterick, Esquire P A ill #555650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 r:,~ ,: i,n~~:; ,'cO ' ,~". "''''~'-'''',^.. -.-<.", <,~~;/'I:e':~ ,~ - -~" ., ~i" ,c.'!- -, -, ,. .. ~ . - ~-<~',j.>,,----' ~:::ti.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALLFIRST BANK flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P. 430 AND NOW, comes the Plaintiff, Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company ("Allfirst"), by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files the within Motion for Special Service pursuant to Pa.R.C.P. 430 as follows: I. On or about October 16, 200 I, Plaintiff filed its original Complaint in Mortgage Foreclosure ("Complaint") against the Defendant, Leslie G. Hoffer ("Defendant"), at the above- captioned number and term. 2. Plaintiff directed the Sheriff of Cumberland County to serve the Defendant at the Mortgaged Premises, being 213 E. Locust Street, Mechauicsburg, Pennsylvauia 17055 but service was returned "Per post office, Leslie Hoffer moved and left no forwarding address". A true and correct copy of said Return of Service from the Cumberland County Sheriff s Office is marked Exhibit "A", attached hereto and made a part hereof. 3. A search ofthe U.S. Postmaster's records for Mechauicsburg, Pennsylvania 17055 replied that "no change of address order on file". A true and correct copy of Plaintiff's U.S. Postmaster's Search is marked Exhibit "B", attached hereto and made apart hereof. If-::-C -,;~'-(.: . ,- ,. '-"-'-?;~~~~-~~::,},i::~'t\;;.:o,,-:,~_:; -",:o-~:~'.,.::: -: ;;?:I:,: {.;-\':_~; _~~':>7" , ,,::.-1 >'-~"" , " . , ,"" ,.:. ~-_\ \ .,~-c,-- ., ,- -' 7-,,-- - ~---- 4. An internet person locator search provided no alternative address for Defendant. 50 A search of Voter Registration of Cumberland County indicated that there is no alternative address in their records for Defendant - Defendant is not registered in Cumberland County to vote. A true and correct copy of said search is marked Exhibit "C", attached hereto and made a part hereof. 6. Plaintiff conducted an investigation to determine the whereabouts of Defendant, Leslie G. Hoffer, but all sources indicated no alternative address other than that of the Mortgaged Premises. An affidavit of Plaintiffs counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit "D", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant, Leslie G. Hoffer, with the Complaint and Notice of Sale, if necessary, by instructing the Cumberland County Sheriffs Office to POST a copy of same on the Mortgaged Premises, being 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055 and by mailing a copy to Defendant's last known address, being 213 Eo Locust Street, Mechanicsburg, Pennsylvania 17055, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and comolete upon such oosting and mailing in accordance with Pa.R.C.P. 430. Respectfully Submitted: & CONNELLY LLP By: c tt A. ietterick, Esquire Attorney LD.#55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ;-'1If.~t~_m - - - "--i'--<1':['C'''~~''- ,,"" ';"_~_"'; ""C"-_"f".__,],_!.,_,C__~_,+_0':'1$..._,l>"',-,,"_~,_,_ " "",,,,.,^__'_~,___",^_<'_ ~,,~-,.,' ^ - -~y ." ~ ~-~,' '. ~-- - '" ;;~~"Jl"'1'jf,O'ltr>-- "',f'_-"'~" ,,;\~. t-"""~,"~,,., ,,, -'" ~- ~ ~, r"~,~ J - ~-, "eo' ~- - ,,'" I' EXHIBIT "A" -,-, II >11'111 J ., S~SR~~F!S RS~URK ~ NO~ FOl~D , ~~" CA~E NO; 2001-05960 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT HOFFER LESLIE G but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOFFER LESLIE G PER POST OFFICE, LESLIE HOFFER MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6.50 5.00 10,00 .00 39,50 ~~~ R. fhomas Kline ' Sheriff of Cumberland County JAMES SMITH DURKIN CONNELLY 10/31/2001 Sworn and subscribed to before me this day of A.D. Prothonotary h'SI1'!'\I-"ryl)1 "''':-'''-. " r~ ), ' r"~':w"t ;'h~--'-'-~T---' _.~',-' '. ,. ~- ,~\q,""ll_J -I' , . EXHIBIT "B" --1 - ~ -- II +1n~II'H1lfI" "'"'" ~. P~m~u D~ \T\c..cl\OS\ic..",b.wUl Pr.\.. 11055 City. Sl,,(e. ZIP Code ' \\.-'2)-0\ Re<lu"st for ChanQa of Addrest or Boxholder Information Needed for Servlct ot legal ?roeeu Please fuml3h the new address or the nama and street address (If a boxholder) for the 101l0wln\l: Name: ~.L Go NO~~ AddlesS: ~ \;j E.. \-o<:..u...aL &\:uuJ::.. ffiu:.}lC\.r\ \ U)~ \J i=i \ '105 'S I NOTE: The name aoo last known 'addrR~~ are required ror colloge of addr.~s In(ormatlono The nllma. If knowno and I p~t offiClJ box address are requIred tor tloxholder infarmellon. W' " , The fOlloWing information Is prOVided In acoord.nee with 31l CFR 265.6(d)(8)(il}. There Is no fee for P(Qlfldlnll : boxholder Infol'1l'1allon. The lee fol provldlno cl1SC1(l1'l nf Adtl(h!:..lnformatlon is walv"d In Qo~Ordll.n<:9 with 3~ CFR 265.6(d)(1) and (2) and oorrelJPQndl~ Adminlstratlve Support Manual 352.44a end 0, 1. Capacity of requester (e.g., plOCeSS server. attorney, p;lrty representing hImself): Attorney 2. Sletuie or regulatlon thAI Rmpllwe~ m... In MrvS process (not required whell I.quo.ter I. all attomey or It po1rty ietlfiQ pro 111'1 . excep( a corporation adlrv;1 pro $8 must CUll . statuI a): 3. The namll~ of af! known partIes to the IHIQAtlM: f\\ \ h:'u:>.r ~ '.)< LL~ Q:, I-\o~\.:u- 4. The court In which the case hM been orwlU b& heard: Court of Common Pleas c.u.n->Q..do..nD CuuL!Lyr P":;;.u~.Jl11,li:1.i.a. S. The doCket or other Identlfylna number if Ontl hM hRM f!:.o:lIAd' 0\ - 5"1\..00 c:.;""":J TU"m 6. 1'11$ capacity In whIch this Individual is to be served (e.go defendant or witness): Defendant (s) WARNING Tlol~ !UIIMlSSION Of' I'AI.S\: It/FORMATION TO OeTAIN ANO use OIil\HGE OF ,I.OOIiESIlINFORMATION OR eOXHO~cr;R INF~MATtON FOFl AAY tUR.f>ose OTHER Ti'AN THl: SeRVIC! OF W.iM. PROCli:GS III CONNECTlOH WITH ,lCTU,&L Oft ~Il.OSPECTM! UTIGATlON COUlD RESULT IN CllIMIN;.l. PENAl. TIES l'/CLUOING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PA YMElIT OF TliE FEE FOR CHANG! OFAOOI\~lIS INFORMATION OFNOTMOREll'AN 5I'EARS, QR BOTH CflTLE 18 U.S.C~ SECTtOIl1001). I certify that the above In(ormatlon Is truB aod that th~ address informallon Is needed and wll lely (or service of legal prO(lllSS In CQl1oodlon with actual or ~~V8 Iltloat,lon. 0S'O,l) James, Sl1J:i.l:h & Durltin ~ ~ .., 'i CJ-~Gc~, P.O. Box 650 '> ~~'fl' ,i Slanature ~ ~ < Addre~ Hershey I E'A 17033 :5 ~:s: Christina Garber 0l ~ 'r FrlOI&d Nam$ - C' Slate ZIP Code ;,;.- 1<:>'" FOR POST OAE use ONLY '" ~\ No OhllllQ8 of addres.$ order on me.. NEW ADDRESS 01 BOXHOlDcR'a POSTMARK _ Not known at ttddte~ given. NAMe and STRSl:T AOOR5SS **Please supply street _ MovlKl, len nQ fOlWlrdlng address. address. If no street _ No such address. address, then SUJ;Ply P_O. Box~. ~ You. ;"C<"!l"1!_ '"'" '",~~, ",,'-~--~ ~~ ,'" l' . - :i-" " ,pjA'.:":.' 'Mk",'_,''''''- '~''lr''''J'''I''.''___ -".",~, - .- ~. '-"-- " ,=<\ , , I EXHIBIT "C" , I , ; ... "" "j"",[ ... . -. ,--, ,- ,"~,.-.>-~I JAMES SMITH DuRKIN & GONNELLY lLP Christina L. Garber Legal Assistant clg@jsdlegal.com November 5, 2001 Voter Registration of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Allfirst Bank, f/k/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company vs. Leslie G. Hoffer Docket No. 01-5960 Civil Term Our File No. 01-4640 Dear Sir/Madam: We are attempting to serve legal process of the above-captioned matter on the Defendant, Leslie G. Hoffer. Please indicate below whether you have an alternative address for her in your records, other than 213 E. Locust Street, Mechanicsburg, Pennsylvania 17055. Please return your response in the enclosed self-addressed, stamped envelope. Thank you for your time. ' Sincerely, JAMES, SMITH, DURKIN & CONNELLY LLP ~~~ l. CbcvJ~ Christina L. Garber Legal Assistant to Scott A. Dietterick, Esquire /clg Alternate Address: 1\'\2 nh~,~v(Q,~(Q(:xa1 iCr'\\Ii\rt.lcl I~ {'(iT c<2Ci\i"*:(eclXn (\\.I~(\a,~ (\'J\~, l)A '7" \I<3~. \ (! /7~Uj;, lC~~~i ~Sls\(o.r ' 1 "i''''l!- I" ~" ~~ w 0 F F J CE S J~){ i lvP,;i'IOfiX;E ":',fi SIPE !\'..'~I\!i,11:: HUHI\~t:LSTn\Ni'l, r~A, "70.36 ["IAiur.J(; AD[!I":ESS P.O E',OX 65() 1-It:I:;SHE'f. Pi' ',l'li.33 TH..71'75-33.3280 FAA 71752:32,195 [hIF"O@JSDI_E(;.t,L.C:OIvI H,,,RRISBUHCi OFFICE IOEj.112 \/VAU\IUr ST. HARF{ISBURr" PA 17101 (717) 233",177C~ GARY L JAMES MAX J. SMITH. JR. KAREN DURKIN JOHN J. CONNELLY, JR. STUART J. MAGDULE STeVEN A. $TINE SCOTT A. DIETTEflICK GREGORY K. RICHARDS RICHARD l. DAHLEN SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN BERNARD A. RYAN, JR_ ~ . .j I 'U F"'%~X. ~--, -- . '~I- < I EXHIBIT "D" -T- 0'- "~ " '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant, which included, but was not limited to searches of the following records: ~ Records ofthe U.S. Postmaster with results of same, attached to the foregoing Motion. '];x( Internet Person Locator Records, with results of same, attached to the foregoing Motion. x Voter Registration Records, with results of same, attached to the foregoing MotioK Credit Report Agency. {i}n~~~., -""'" "f. __.,,'0"'["'''''''''_'''''''''''_'''_ ,';, "ho_'''_ ''',",_~,_,'_._' ,.<_~I ,~._, ~-~:.. p .. ,:,_'!":". r~__'"-,',,,,,,, ,. """,,_, ~ _,~ v ,_,_Y,," :<~. c' -" " - ~ ... -- " " ,-.,-" - =.- K Telephone Directory. ~ Records of the County Recorder of Deeds and Prothonotary. Finally, Affidavit deposes and says that if Defendant(s) is/are not located at the address uncovered by this investigation, the whereabouts ofDefendant( is/are Scott My Commission Expires: Notarial Seal PenelOpe J. laFoe, Notary Public Derry Twp., Dauphin County My Commission Expires July 26, 2004 Member, Pennsylvania Association of Notaries f';:J:",~ '- _ _' ._..___~ = _ _ ." ~.. _.,,,,,,,,,,,_,~,,_,"_"L~,,. ~_~""._~,,_.~, ._~ ~~ _"_' ".. ."-~"-,<_." . .""-y~- .--< - ' - ,', .,,, ;~ , ~ , - .-, \Ietcenter - Seqrch Results httpJlkevdb.infospace.com!_1_4P8ZT.. $=P A&KCFd=us&qvref=netctr&ran~02246 II Netscape You are here: Home> People Finder> Phone & Address Search> Detail Detail b146 TRY PUBLIC RECORDS! Result 1 of 1 updatelremove I add listing Leslie Hoffer Du Bois, PA 15801 =J1i Send a Card Phone: 814-375-0404 More for Leslie Hoffer: . MaD . Email Search . Find Leslie Hoffer at ClassMates. com What's your dream Job? Find it here! . Business in Dc Bois Restaurants Automotive Entertainment Family Medical Retail & Community All Cateaories..., . Find a Gift for Leslie Hoffer Search for Products . Du Bois Cltv Guide Weather Concerts Schools & Colleaes More... . Du Bois Services Apartments Autos Employment Home Listinas Personals More... . Government Directorv "f. "''1''-'-_ ," "'- ~,~. " -c',"' '_1' ,,' i i .--DMV'Records I . Divorce Records ! :. Sooial Security Records I i . B:ack9rou nd 01 ed<,s I I I . Find HiahSchool Friends! . Autos: Find vour next New or Used car! . HoroscoDes: What's your sian? . Find Jobs Online . Advanced Phone & Address Search . Advanced Emall Search . Reverse LookuD . Celebrities . Government . International Directories . Search Yellow PaQes . Send Feedback . New Search , ...: Internet Directory A~.istance; y ello~ Pag,:s, Whit~ Pages, Toll-Free Numbers, Maps and Page 1 of 2 <:::;' .. .. . AnyWhO WhitePagf!!I NEW - Take a look at what's new with AnyWho. Click here to find out more. Find a Person Last Name (e.g.. Bush) Required IHOffer _______-1 First Name (e.g., G. ~slie Promotions I a-'!!!..~oncom'l Search Books on: . Hoffer . Travel in PA Street Name (e.g., Pennsylvania Ave) L ; -------~-j City I_______..J and State Required IPen!:!~ylv~~ia I liP C:J . Your search is based on: Leslie Hoffer in PA Results 1 - 1 of 1 Try Public Records! ~F Residential Listings Hoffer, Leslie TREASURE LAKE, PA \l)814-375.0404 Click to Call Now 11II MaDS & Directions I Did vou DO to schorn with Leslie Hoffer? Buv the Cast Av at 30% 0 More Hot Deals . !:i[?alDei Amazon.c Outlet! . Huge Sav Electronic . Books - U off! . DVD Bare under $1C . Awesome Housewal -Erjll@gyjD.forrQ ~F .../wp _ fap ?lastname=Hoffer&fustname=Leslie&street=&city=&state=P A&zip=&btnsubmit.x=4]] 1/5/01 F9R.._, .". c<t. > _ _"_,.","~'" I; - ..' '-~ - . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT at 2116:00 HOURS, on the 11th day of December, 2001 at 213 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 213 EAST LOCUST STREET MECHANICSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 6.50 6.00 10.00 .00 40,50 r~/~ R. Thomas Kline 12/12/2001 JAMES SMITH DURKIN CONNELLY Sworn and Subscribed to before By: b O-UYYI ~. \LJt, Deputy Sheriff me this day of i - "~"''!'i)'''--''''~i'!i- ""_"<" _ J~ ~ "",_,Id4\lI\,>,_",,,,,, _"'-'10.) _ .,lI__ ,~-<,J"'~_" ',. - ~ " G'~'~ .',- , ~,,,,-- '"'~ '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, .- " , '1 ~ Ii h, v. ISSUE NO.: LESLIE G. HOFFER, TYPE OF PLEADING: lj i~ "i h; Defendant, PRAECIPE TO REINSTATE COMPLAINT i,:; Ii: .., Ii: );i :ii FILE ON BEHALF OF: ..' ~~, Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, w ~' ,~ "I Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ;:;1 (: Scott A. Dietterick, Esquire PA LD. #55650 ':i :,:i JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 "~I ::1 ;", ii; i~'-!"f~R__" t ' . " ""."",. _ ,~,O"rr,,"'" _ ,_ "_"C<"'_'~ ,"""_'"''.''' _~,.,_I :co/,e'__", -"",'.", ""."'~"","_" ~~,'" ',__ <_?_~".~ ,,- . ~-- ?i;'=wr"~'^- ,.~ ~. '0__" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Respectfully submitted, DATE:~? TH, DURKIN & CONNELLY LLP BY: co A. Dietterick, Esquire Attorneys for Plaintiff P ALD. #55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 >; ':;:;.~,:,:,~'F~ ,"~"7 .,0' ,." '. _.'"' .",",<2-_0" ''''~I. ",~~..,."~_=,, ",v, " _ ",~ h, ,'"" _d '.,"','." ., C-, ."",' _ _ ~ ,,~ "., _ . -~-.-, -, ',-,~"-~ .p _<e. "" ,~,C ,'~~'" , .~,. . ." - - .",~ . ._-'1'~" ., .."M" ,. .. ... - C'\iimm'lrl'r'iCll'.J.T"T' ',l",'~mrr'"'lr" 0 0 0 C r" -" <<or ..." ---1 -OCC ,.." ~~r~ rL! nlP-; CO 2::0 zy r.,:, f1'~ 0) ,~:: -J ~j~~;. -</ ~C/ -:, ~O ----:-I -- ~~~ ~~ --(i ~ Pc Z j:"' ~ -., :0 -< -< i'! I'; :!i ,\, ,r i'" " r.: I, i-; I': I';: i": !,i: hi H I": ;" 1,:1 _~."''''',, '!"J!lfc~~~~~i1iffi"L'l~'~_ )_ L_t} ~c- ;~~lll-A"'~ m_~. '~0r{ _ UI1i11 SHERIFF'S RETURN - REGULAR CASE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT , at 1738:00 HOURS, on the 7th day of March , 2002 at 5340 OXFORD CIRCLE APT 46 MECHANICSBURG, PA 17055 by handing to LESLIE G HOFFER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof 0 Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.59 000 10.00 000 35.59 r~'"",;:~ R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY me this <w J3 ~ day of Sworn and Subscribed to before By: ~ doo;:L, A.D. O"~.~ (2 )),r,p#,. ) ~ 'Prothonotary , / ,_!M4i,"~."., ~,~" ~-~-^ ~~ I' ~~"""-r~ - ~ e_ ~""='" 'r~~ ,~_o ,1!II!;flf SHERIFF'S RETURN - REGULAR CkSE NO: 2001-05960 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT , at 1752:00 HOURS, on the 7th day of March , 2002 at 213 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 213 E LOCUST LANE MECHANICSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 6000 6.90 6.00 10.00 .00 28.90 ~~;.-r.p'<:~ Ro Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY , bW me thls /3- day of Sworn and Subscribed to before By: ~ ;l.fJtJ;L; A.Do Q Q ~ ... , 'h1d!.~ (; ./ ~ Prothonotary ~) / :;','J;~p...~"". L~~~~ I" 1'-- ". "~~ ~. l'f"O",,_" r~ ~,---: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK flk/a THE FIRST CNIL DMSION NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN NO.: 01-5960 Civil Term DEPOSIT BANK AND TRUST COMPANY, ISSUE NUMBER: Plaintiff, vs. TYPE OF PLEADING: LESLIE G. HOFFER, PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff I Hereby certify that the last known address ofDefendant(s) is/are: COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ":1 ~, i ~~::;r{J,r~::" ~,~ "'-i,-";";_sy,,,?,,~,,,-._~,,,,_,-,:~,.~f,,':"j ",'; ,,' ,,_~ ,- _ ,-,: ;;'~ --,_::_~-, I-~: -' " "::'__,.,~) -.'" -"_,~,,,o_ _,C"> ^ - _ "" ~r'" -,., ,-' - --"- ,),. ~', '_0\>: ,_ _,' ,~,.."" ~ ._ " .~F('Ti'~' -, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. CNIL DNISION NO.: 01-5960 Civil Term PRAECIPE FOR DEF AUL T JUDGMENT TO: PROTHONOTARY SIRlMADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Leslie G. Hoffer, in the amount of$63,218.00 which is itemized as follows: Principal Interest through 04/15/02 Late Charges Escrow Advance Other Fees Attorney's Fees Court, Sheriff & Title Costs TOTAL $ 54,095.73 $ 5,046.80 $ 240.09 $ 518.93 $ 16.45 $ 800.00 $ 2.500.00 $ 63,218.00 plus interest on the principal sum ($54,095.73) from April 15, 2002, at the rate of$12.40 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. CONNELLY LLP By: Scott A. ie, quire Attorney for Plaintiff PA!.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '-~'i""':'-~',"_-\"':c"!i/l!',,~,_,,_ '0"''"; 0'f--'?~"'\" ~.," ",-""~'''':-''-::'-I'_ '_ ,', ~,-, _"'-.!'~' ,_'k:'P"'~?~'_~_'"''''''' _' - ,~" ~ ""L" I~',~':~_'_' ".,">" _,~_,_ "."."",.,_ ~ '~'.,'-'"- -.. - AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and '. :/1 Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized ~:i representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this !S!Adayof a~ ' 2002. ~~'-1t;J1e,.,.~ Notary Public My Commission Expires: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUKE 9, 2003 ,,:, '.;;ji, - ',' ..:'" '( >?AO;\.""_''fc",''''\~''l_"'"::~'''i:'i_,'J'-J__'":_ ^,:,",~,'_",,-,-_ "~,,. <-~~~-I_',:,,_"c"_"_ - -;_~, .., .-P~T""",'_"e_.?-..c,,""r;~ ,," ,....." _ 0__','. _ _ _ ,~ .'" ---,,,., ~~'--~ 'j'~rTI'~" " ') , c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A ALLFIRST BANK, f/kJa THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. IMPORTANT NOTICE TO: Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 DATE OF NOTICE: April 1, 2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 (800) 990-91 08 i -f~H)---.~ _ _ "'.:_",'''"",.,,,_', ','e,' ._~__;"_' _ -I"i' , ,_ PT '_"_'~_";'\""_ ,1__,": "." '.' ~' -..-" -- 1'-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, , Defendant. A VISO IMPORT ANTE A. Leslie G. Hoffer FECHADEL AVISO: April 1, 2002 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICTAR UN F AtLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A Sl( ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAIO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 (800) 990-9108 DATE: oz & CONNELLY LLP / I oti A. . e terick, Esquire P A !.D. #55650 Attomeys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 BY: ':'C!11\~_,,--_ .""_,,.~_- c, ~-_._,- ~.." ,~ ; "-'~I r." -, ~, . _,e u, , ""'-f',.- 11 . - "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DMSION NO.: 01-5960 Civil Term Plaintiff, VS. LESLIE G. HOFFER, , Defendant. IMPORTANT NOTICE TO: Leslie G. Hoffer 213 E. Locust Street Mechanicsburg, P A 17055 DATE OF NOTICE: April 1,2002 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone (717) 249-3166 (800) 990-9108 '1~~__"__,, - _-~1' _~__,C=,,_. _,_ _",'_ <,. . ."- - C"-,V",'T.'-,' ,-<-, '-")C'_' -- - , ,j! r' c-~- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. A VISO IMPORTANTE A. Leslie G. Hoffer FECHA DEL A VISO: April 1 , 2002 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERlDA EN ESTE CASO, A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y US TED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 A JAMES, SMlT', DATE: 1- BY: :.: Scott :. D etterick, Esquire PAI.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 I L,~"o,_,., ','h,;.-;_:.,:"~_"__.,,.~:t'''',;~r',T__,,,," ,__~_, I: ,,-, _, 'f ' m'. _ r ". " 'u ,~r." __.' -. \ " !1 ' f"" . ~. ~ ~ CASE NO: 2001 ,960 P '~ /j COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, , says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT , at 1738:00 HOURS, on the 7th day of March 2002 at 5340 OXFORD CIRCLE APT 46 MECHANICSBURG, PA 17055 by handing to LESLIE G HOFFER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18000 7.59 .00 10.00 .00 35059 ~~~ R. Thomas Kline 03/08/2002 JAMES SMITH DURKIN CONNELLY AoD. Sworn and Subscribed to before By: me this day of Prothonotary ~'_~~,111), ,,' .< _ '",. ."'-"{"'i~,-'l" _'~~v~".-\,.,/~'-< '."""-_.1", . '1--" _r"~r ,<- ~-. , 0'_" . "m .....lJ.J..L.:u.........J..L .... ................ '-'.I.,"",~ J.,-,1..:.l\,.:;JU.l...U"':l..L\. CASE NO.: 2001 ;960 P . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS HOFFER LESLIE G KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, . says, the within COMPLAINT - MORT FORE was served upon HOFFER LESLIE G the DEFENDANT , at 1752:00 HOURS, on the 7th day of March , 2002 at 213 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to POSTED PROPERTY AT 213 E LOCUST LANE MECHANICS BURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 6.00 6.90 6000 10000 .00 28.90 ~!f ~.....(?"",,,-~ d~ '1'" ,.,.;.~",7""~A~, ,d..;; "'~."... . +.,--~ R. Thomas Kline / 03/08/2002 JAMES SMITH DURKIN CONNELLY Sworn and Subscribed to before By: me this day of A.Do Prothonotary ii'-?,'","""!J,, -ft. " "' >-~ .. "'-, c7, .'," . ',-- '-" ,.-- ':"1 , -, "I' ~"v -~, . , , , I-~ ." ,~.. -~, "- _ ~ ~ d_ _"_~.' !~~, <_1F':rrIFL~J,...- ~>,- ~="~, < ~ '~~ ~.,,<~",,~"~,,",,- ''"''-' ,'''''<o,;,,''''--'''''''''''-''r'';;1'' ""'-'-';'"'~'-"iJt~r1T~1t1f('1~::;':-'r!"'1~1 ~ -p (:J ..tc. i ~ ~ 0 0 =0 0 C> c;::;: r'0 ~-,-1 r 5--,. :;;:.. ~~ Vv -01.:;:, '" ~t~El - ~ rnr':', ::0 Q.; 2::Tl ~ It-- ~~:~- 0' -.--:-,---, ~ ~ ':~!.':> ....... ~B .~O ~.I;:B f' ,,~ .~~" ~';--; C) ~ (T- N C5[on -..:t- ~ --I L. ,(:" ~b -~-I -< (n -< - 5J '_ -~_'7,~ ,. ,." ~~-r,,_ -''<'' )"...,_~._.,?'" .- L, l;NI'"""~';,;B%>r:;;iy'!-"f""1'""lj'I)f?i!",[ffl'~~~~lrl1:,V'~~I~t\~--;Tt~(~;''''''_ ,,:-~\!g,',~~_^~,r~' "'-'.!O'-=:!l<~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Leslie G. Hoffer ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You ate hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on-4~l 11.... Ux:.~ ( ) A copy ofthe Order or Decree is enclosed, or (XXX) The judgment is as follows: $63,218.00 plus interest on the principal sum ($54,095.73) from April 15, 2002, at the rate of$12.40 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. " ,~~ '<"',:':">-:~",::"."-,, i~'"' 1',-,_Xf_'o'"~'_ -~,'-" _ 7 ,10;:' '" ""-, .,~_--,-,,,"h." ~;r__ --", ,_..~,_, ,_. . v, . ~-- , ''''. j ',' ,',f'l",".~,,,,,,,,,,,,~,.~__",,~ ",.,' .__"._~_ y .' ! " IN THE axJRl' OF CCtKlN PLEAS OF <nmERLAND COUNl'Y. PmNSYLVANIA CIVIL DIVISION ALLFIRST BANK, f/k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, File No. 01-5960 Civil Term Plaintiff, Amount Due $63,218.00 Interest from 4/15/02 to date of sale $2,256.80 Atty's Corrm Costs v. LESLIE G. HOFFER, Defendant. 'IO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as arrended; and for real property pursuant to Act 6 of 1974 as arrended. PRAECIPE FOR EXECln'lON Issue writ of execution in the above rratter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant ( s ) see attached Exhibit" A" PRAECIPE FOR ATTACH'1ENl' EXECln'lON Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as ctbove, directing attachment against the above-narred garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee( s). DATE: S 7~ 02 Signature: Print Narre: Sco A. D1etterick, Esquire James, Smith, Durk1n & Connelly, LLP Address: P.O. Box 650 Hershey, PA 17033 (Indicate) Index this writ against the garnishee ( real estate of the efendant(s) described in the attached Attorney for: Telephone: Plaintiff (717) 533-3280 Supreme Court ID No.: 55650 hWl!!l;, ""," ,_ . ,t'~__7, "",1. 1--1 -"-;l'T_"_"I_ "-r-",'--""-" .'" ~ < n .~ 'I" "~- """'~, " "rlC__' H'-' ""nc~ "V' w-~"I~,,,,,,,o"~-olr:'1i1~1Ir"1;1'T~rr" I ~ ~ '. Notes: If real property, supply six copies of description including improverrents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~, ",... , - ,0" <. ,ceO . ~-_'C' ~ -'~"=, ,. ~ ,,"" __, ,-"_~"'1', ",,_^"_,{,~.~~'I'i'1'ffijlJ"Mf~i:fNl")~~~i-~i?~"'"'Cl_ ,,-~~fl'~,-~,c,,~~~j!l)~;ntftFi l- ~ .... ')(" LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground' adjoining on the East in, common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed, The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, arid located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and adjoining on the WesT, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No,: 17-23-0565-138 Exhibit "A" t~""W"""" __u,"" ~-., c'F",~,~.r,_-;'- ,;__,,,_,~-,,, 1= - 1" 1-_" ~,_" .'0,_ ,--, , , . - Ai fL ~ !r) ~ ~ h ~,~ ~ r (:) ~ '^.J ~ "Cl ~ .....:c .tg~ ~ g ~ff ~ ~ ~ 1-""" eY' ......,..".., .H""'T [11'C.'ll '~ilnnlirn'jl'rl,'If{m"" .t.'II.' "". . ~ , ~ w~ :Oh dB '~ ,rF ... 0;:) ~ ~~~ C) ;: ~~~.~.~& ..t:. "'10ft) -l) Ii] ,~ ~OCCD~O' , I , , J . ~ . . ,__ ~,~, ",~_ r ^., 0'''' ,-' '"'" o C -r.l (1~ rnt ;-- 2:~-::;- .s_; (f.l~- c.~c ' h..; ;.~ . ... :: - ... ... ~ .... - - - . - 1__ ''''i'"'''f'~='_l'1'i",'~'"'~ ~f~~~Hj!l'1-"'A"..",f.;'!~"'It~'';jW''~~''l'ii1Si~H"W1i;w~~~'i)~~~~~,!g'_"",,_~. ,1_L<;{r:::' *fri- " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information conceruing the real property located at 213 E. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. Name and Address ofOwner(s) or Reputed Owner(s): LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 2. Name and Address ofDefendant(s) in the Judgment: LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff r-, [,: f~~';!/C:"._~ " _{~f- ~-fY-"",,'_~'-'-~" '--;"'~ '"I- '---<~", 'I-:,,:"'o_f:?~. C>;", - __,_"'.,> _ ,_ . ~ - ,~ or}" t ,<-~".. ,~. 4. Name and Address ofthe last record holder of every mortgage of record: ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg, P A 17055 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. JAMES, SMITH, D DATED: BY: Scott 1\:0 'e Pa. LD. # 5650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ;~)<,m,~ ~ , ,-, 'f. ":, ~"? ~::i6!"c');'~~.""'P; ,',':\'" ~::-,,~r,'" . ' ~, : --:;,:.1,'::,.'"" ." .'~ - ,,< ", ,"',' _U,<'_ . ~, -,'>' ,- 7"'1' .. -~, --. LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at corner of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet II inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the wesT, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" ;,t-'):"~- _ ,', --', , _ ,,"" ""c_"";'_:""_'_ :"'~'Y ,~~< rl'~__' I ",-~,,_, - T-~'--- .-''. ., . _ -~'" " " 'C P , 1_'. .,--. C^,_> . ~_-:"" "", , ,. ,""',' ," IV , ." ~". ~,--- ,'~ -: " "'=-'''''0_'''' ;"" ,,-Co -",-"" '''''-"'''''''"~'''''''--~''j'lHn''TIif.rti~'''l---"'JJl: if"":_ -1P'fC'n;.'j'l'! ~? iBE; ;::t' .. (1)- -... r;= ~'- ~~;:; ):> c: 2~ ::~ - ., r.::,-: c) ~:::::j h, C) ......;;:: ~,>-' -,,, '!" ~~r"'~~-""~'-"f"~-'~~,*,~~1,!:,;,,''''y;'~'*,m!~';$~<v~!jI!i<<l1ll'I~~!1J~_'ll~k "_"'~'_'~?""'~W - 'i':~,~,)lm"p.li,>. ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DNISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 TAKE NOTICE: That the Sheriff's Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvauia 17013 on Wednesday, September 4,2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement ofthe measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 213 E. Locust Street Mechanicsburg, P A 17055 Cumberland County ~'L L,:,_,_,,~:;'l""_'"'-'",_ , 1-- ~ 1>,-,1 . _ _ ~ _ _ .0 _ '''! ~ .' - '"" , -~ :~1i!'~~!'J!IlO\~~ . The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY ARE: Leslie G. Hoffer A SCHEDULE OF DISTRIBUTION, being a list ofthe persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution ofthe proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. TillS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. - YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 "~-"-:_-[.-'-~~':'"~--"- ".--~ . - I :, - "1 -' -~", c' ,->, ,. , ~'=", -, - - , .', - . - ." :-I ,:1 ?~;:""""",, < THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: :)/'3 tJ (Cru BY: Scott A. ietterick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF "'-' ~I ~ .-- F."'~o,'_-" -,', ~ - ",. '.f'.'.'" . .^. ;--"""-~i;""'~ "'" ,~,-~ , , LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGlNNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of 1. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center ofa frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place ofBEGlNNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25,1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or pass~geway . BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" )t-,~~ - ~." -~ ",- "'-, ".".." I ~ " I' "~~" ">-::- ,- - .- " ,- ~.~ 0JJ. ,.,", "... " .,.IIl!!!l, , " V' ,~" ~_ "",,~"~',",_"_ .,~"_" C-,',. "":"1'" __,~ ~,>"'^ - ""_:-~ -,', ' . '0 '-"-",c_y;, ','c"'~;':~~-0"{'~''''-~Y_"r'ii!'fi-l"f-'fcitl~iGt:~~r"i~~-ri -' '";i;;~';)i~-ir,~~IJ,-~(i<~r<j~f!trl-"'~~fr'jjri'f~'""i'ith<fbWgit~~ o ~:; -ol:~i rnfJ! ::':." , .-<, (j) -<, - r,~~ ': y. ". :t:s:~ "7 L_~. =< (.:,:) \"'..,) C.~~ ':'! ;::::0- ::;i': C.::::;' ~-:.:::" (-:J ~~ ->11'~<_", ~~lmPM'i'%W"'2i1i",!/%I';-{'~~!lW~~~~1@~~~"",,,,. "'"1;":''''''''''" "'''''_~:~''''f'~~-~: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK/ FfK/A THE FIRST NATIONAL BANK OF MARYLAND, SUCCESSOR BE MERGER TO DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff(s) From LESLIE G. HOFFER, 5340 OXFORD CmCLE, APT 46, MIECHANICSBURG, P A 17055 (I) You are direct~d to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 01-5960 Civil CIVIL ACTION - LAW DESCRITPION 0 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $63,218000 L.L. $050 Interest FROM 4/15/02 TO DATE OF SALE $2,256080 Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $216.49 Plaintiff Paid Date: JUNE 4, 2002 CURTIS Ro LONG Prothonotary, Civil Division ~ ~ tL-.1 J ~. 77Ji 4J....J;'J)~ REQUESTING PARTY: Name SCOTT Ao DIETTERICK, ESQUIRE Address: JAMES, SMITH, DURKIN & CONNELLY, LLP PoOoBOX 650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ill No. 55650 '!",cffir"'-'''''''''''''''''''''<''''''!'''." r ."'" ',' -, ~. . { , 'P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DNISION NO.: 01-5960 CIVIL TERM Plaintiff, vs. ISSUE NO.: LESLIE G. HOFFER, TYPE OF PLEADING: Defendants. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. LD. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Ii Ii " , ii Ii ii ,I Ii I' (~;q ". -~ "---';_~"~~:-i'S--~~'7'f~'j-X_;'_'!":''''' ". .,-~" -",~,,'":;-I C-:'~'_')'~~''''':''~'B''!''_c__~'''"7'R'_'~'"'_"",,~_^,~,,,~_,~,,.,'., -- "---. ,.,,~c__,~,,>~~~~> ,~.. ,__'''u,' ,... " " '" t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Allfirst Bank, flk/a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff, being Ii ii I, ii i) !\ duly sworn according to law depose and make the following Affidavit regarding service of Ii i'I ~] Ii b " Ii !: p Ii i; i1 ii ~~ Ii tJ i; i' ~! 11 ti I' Ii f; Plaintiff's Notice of Sheriff's Sale of Real Property in this matter on Defendants/Owners and Other Parties of Interest as follows: 1. Defendant, Leslie G. Hoffer is the record owner of the real property. 2. On or about June 1,2002, Defendant, Leslie G. Hoffer was served with Plaintiff's Notice of Sheriff's Sale of Real Property Pursuant to Pa.R.C.P. 3129, via certified mail, return request requested, at her last known address, being 5340 Oxford Circle, Apt 46, Mechanicsburg, Pennsylvania 17055. A true and correct copy of said Notice and Return Receipt are marked f' i ,. l' Exhibit "A", attached hereto and made a part hereof. F i: 1, ~, , 'j':f",,_'~'-,~;; .~~ ;';'\'''''''''c"_,_ _~1,_ ~ <. '._'. _~"_'_>,_'O,_",, " _o."!<"""_~,,,~,, ,0,,')1'7-'1,'. "<,-je.",,, JO<"'~, '" ~.," "<.'.N_, _." "" .~,. " . 3. On or about June 10, 2002, Plaintiff s counsel served all other parties in interest with Plaintiff s Notice of Sheriff s Sale according to Plaintiff s Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa, R.C.P. 3129.2. Dated: b In J -de & CONNELLY LLP BY: Scott A. i Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Sworn to and subscribed before me this lllli- day of -S-UI1IlL :2:t :Y~~lJd-. Not~bliC ,2002. MY COMMISSION EXPIRES: NOTARIAL SEAL ST AC'f M. STENCE. Notary Public liummelstown Bora, l!z;'\lIlhln Coooty My Commll1i1ion Expires t~. 23. 2004 Il,~,j'L~," , ~--"'-~~"'''''C .~_",,_. "'~,""~.>' - "="" ,.,_~~,~-~L. .., .~._ ,~. ~ _ -l'",,*~F"'~ .'1 ''C'' ,'- EXHIBIT "A" 'c_._. "" .,.- 'I';;,n_-c-'c,;,-".'l'-_~._. ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DMSION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE OF SHERIFF'S SALE OF.REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, PA 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention ofthe buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")o The LOCATION of your property to be sold is: 213 E. Locust Street Mechanicsburg, P A 17055 Cumberland County "~ " ~ I - ~ - "~ -~ .. ,~ ~ II The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF TillS PROPERTY ARE: Leslie G. Hoffer A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, -and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 -l-''''t~->-''''~'}\"''''~''''''l''I'_ ~~,~_". > 1 - , ., ~ .= ~~ , ~ ~. - THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure usedcagainst you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposea order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 5/317 ICYU BY: Scott A. Iliet1:erick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 "Hershey, P A 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF T~',,~d--~:'~ """'J:'I""1~~.!I!P!'i'" .~" 0 '-, ""1 ,-' "~~~... ,""".~ ~"I" ,~~~",~' . LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of .said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of gr01md adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25,1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and adjoining on the West; subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated Jlme 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" F'H"'"''"''c''';.-~",~ _ .~'. "- -" - ~ -. ,e. - ~: 1.!':"":~""~"""""""""11l' " ". . Complete items 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. J'- . Attach this card to the back of the mailpjeC;'8:~ or on the front 'if space permits. ' 1. Article Addressed to: ~ ~, HoS;:,if 531..\0 O'f-hrr-d... ~ fi[* l.\t." iii lC.hJU\_.0l>--D'th u.Q P Cl -- I n05'S 2. Article Number (Copy/~om s~ryice lap~/~ ,(,. ,'" , 3. Service Type ~Certified Mail 0 Exp o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes P, SWarm 3811' July 1999; '. ; ""., "'.:" . ,,' ii' ;i; 7001 1940 0004 25&7 7793 102595-00-M-0952 i Dorrfestic Return Receipt ., , .~ ~1IIIIIlI!IIlIII -""'"' ,~~ ~~., "'f>'=1,~~I!ll'lli i , 'f'~'~fi<"""""";;)'~, '"<7~, ,>- ,f:,- ,~,', ","~ - " EXHIBIT "B" ".- "' T'" , II ,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, f/k1a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to Dl'\UPHIN DEPOSIT BANK AND TRUST COMPANY, CNIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST "pURSUANT TO Pa.R.C.P. 3129(b) TO: Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the ' CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle,Pennsylvania 17013 on September 4,2002 at 10:00 a.m., the following described real estate which Leslie G. Hoffer is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). _ !lI!I1O!'l1 ~~ ~" ~ -- ~l ,-=, 11- .,~l~"'" . The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPmN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of$63,218.00, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheri~fbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff's Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELL LLP ~..~ By: Scott . ietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 . I "H('--'C~fr.~""-'I),"f"I""~l1"~..,.~ ,. ,J~ . '.', . -. ~. - ~ LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: I BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of 1. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. , , SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of llWund, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; th,e expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the dee,d of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. I ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingre~s, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of grotmd adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" ,oc<~N_'\:Y"\"'-_';''''_~'~"_''''''''''_ _~, ,~w " I" '.".." n~' ~~" ~ " ,. ,...-- , . "!l;;ffl;;;"-'-"...."'___ ,-,", . >-'~-' ~; \ . C)O ;;::2 :::if3 _0 <(': 2;1 LL" 0;;' w2 1-9 <(~ CJ ~a:: u: ~~ i= ~~! a: 0"1 W ZI-i (J ~~I _n...: 1-11 fj3~i w ~z ~ 0;2 > a'"~ '" 000 ~ I.I-~ ~ "", ~ ~2 00 :Ow ow" a. 1Il_ u . >-> Q) en <(0 lI: ::l ~g: :5 ] ~ ~] j i !~ 1 j lirl '15. . c o o(l Z ~ ~ ~ >z:I;;J..1 ot:; S:l Q ",,:8 <<: li: 1i..1 ~ "" o Eo< ~ g ;><' ~~Zo!@ :iCllZ~gj ~o ~ ~u ~ ~~ ""'i::::) I -". e! ,~"" '.~ , r: ,', j ~ -J en 00 en ~ ro :;; "- 00 '" E i3 "- Vl 0.. """""'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COJ\1PANY, CML DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:00 a.m., the following described real estate which Leslie G. Hoffer is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). r""'''''--'"-!~'''~'O'';~~~~ _~ I __''''''''M~' 1"-~ ~-~~ ,__ . ""'~, ,-~ r1'<~~ ". ""["""""""'''"'''''''' The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPIDN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of$63,218.00, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheri{fbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Dated: ~/ 1f} /O'Z.- & By: Scott A. ie erick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533..3280 "'lO"""f"""""""""'''<;~''''''''''~' ' . ~ - ~ - ,~"_ ,'", c. ""-" ~,~ ,~ ".. I~"'~ LEGAL DESCRIPTION ALL 1HAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: I . BEGINNING at a nail in the house the center line of a frame partitlOn wall and at corner of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 1 1 inches, more or less, to a point at corner of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING THEREON .erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described. lot of gwund, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. I ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of grodnd adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said ~lley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and adjoining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit" A" 'F'M"--"-"'~-""~<"~"'f""J" "-~ '" _ ~_ w..I~ _ '" ~ ,_ OT ,. ~__,'~~ _ _~" ~ ,!II ~","" - ",~'"~~J!! -,,,:,"P"-""""',>..."~" ~,~--" ; :n, .',;~~Vl:' ;'!.,.- -',' ~ ~'; ',S t:jO ZZ ::iffi _0 <to ::!Ed " u.." o~ " WZ 1-2 <t~ ~~a:: u.. ww _H- I- Z'" -" a: 0" WZr- (J <{(/) uO -~ r-I ffitJ w ~Z ~ O~ > a::::>' ffi O(/) (/) LL~ ~ 0", " Wo r- "'~ "' "w ~ ~Q '>-> ~ <(0 ::l:2!f: 1 j j \~ ] ~J . !] ~ ill . c o tL 0- '" <X> '" ro :; ~ <X> '" E a "- <JJ a. r j 'l5 c<>-:t: - ...; o r - o(l Z ~~ E3);l..<~S: .....~><"'< fi: ==..< 8 p..; ot::~~Gl ~:?JZq5J ...:IooZp..;o<: .0 W 00 u ::r: ~ ~~ ~ '\::) I '" '" o d o . '" IV ~~"'"~''''" - -"'--T""~'m'fr-',~"~ r l~"_"" ~~o .~_""-~C,",""," ,'_ ~,~ ': :-" .;. .<~~:::;;:;::;~;;. ';/:; ~:<;(;\llr.,;;.~,,\,~:;:-' "", ',',',' , ,:::-,)):jf!i?~{: " <"':"":0,',':':';'.' . . "_-."",".-c,'," i'.N....,'.', "-::::::::;::~::f ::!i:;!J!~ .-',' .",--,. ".', , ',-,' ';; ",' . '-:'. ,'c.',-, .'-',',,' '.,' ',"'- ,,/,," . ".:": '\'- ':'- ',,' ".,. . ""~' <: .-'-:,',-;.' .'..1' <;~,,;,,;. :. ,', ,,' '-',:',,:.: ".,:0/ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ALLFIRST BANK, f/kfa THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, vs. LESLIE G. HOFFER, Defendant. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Domestic Relations , Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the ' CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:00 a.m., the following described real estate which Leslie G. Hoffer is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 213 E. Locust Street Mechanicsburg, Pennsylvania 17055 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED ASoEXHffiIT "A"). po_,.:"=_",.,,,,<~,_, >;"'"",., ," ~_~,...J,_ ~"'"'" _ ,....~_" n ~~"'Ol ~,.~ , ., - ~-~~.~ . ~ Ir .~F___'''fJIi ~ l 1 .. " ,1 . The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, flk/a THE FIRST NATIONAL BANK OF MARYLAND, snccessor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. LESLIE G. HOFFER, Defendant. at EX. NO. 01-5960 Civil in the amount of$63,218.00, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. 1 Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the, Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is flIed. in the Office of the Sheriff. rfyou have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. . JAMES, SMITH, IDURKIN & CONNELL LLP , Dated: 6/10/4L- J I By: Scott l1:. . ett nc PA ill #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 "'oji-'OJ",..-,-,",>'o"""''*''''-",, I ~'I"', _"_ _, _.~ _,__, _~ " = ---..., r"'- - ,_. ~,,~ 1 \ I I , . , , LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel ofland and premises situate, lying and being in ihe Borough of Mechanics burg in ihe County of Cumberland and Commonwealih of Pennsylvania, more particularly described as follows: I BEGINNING at a nail in ihe house ihe center line of a frame partition wall and at corner of property formerly of H.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at comer of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to ihe place of BEGINNING. . ' HAVING THEREON_ erected a frame dwelling llouse numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of g);ound, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed. The said easement being more fuIly set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67. ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free in,gre~s, egress and regress into over and along said aIley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of grotmd adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shaIl at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege ofihe said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of ground adjacent and a~joining on the West, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shaIl from time to time' accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-138 Exhibit "A" "V"'~;'o''',";-''I<''''-~'''"''''''~__,,~ ")1~ _ "~ '1"'__'''''''''''''''''' - "" ,~ ~ ~ ~'~ ~ ~ " --- 'I ~ """"-"""~~"":2! . rn Q. , " ;.110 '. l 1 'y ,- ~ ~ .'.1 "' :..: 00 ZZ -"' -,W _0 <(0 :1d '" u.:< O~ '" WZ 1-9 <:(r u;1 -"'''' u. Ww _rr I- zoo a: C; <i wz" (J <i~ uO ~~ WW UJ :2:g u 0", ::;: On: ","''' w 0"' "' ~z ...,J Cl~ ~ ~o "' ,,~ o WW il.. me u) ;>.> _",0 =>:Ef[ ~ :z ~~ '" >Il~'...:l 8 u~...:lo" _""""l ll)'-< ~~j~~. i$~~P-1~ jCIJ:z~iJJ -0 ~ CIJ U ~ ~ ~ ~:s o I ~ j ~ . . i a _~ ~ f 19j~ ~ E o :; "- .9 '. o . '" . ~ >'r"'""'~,='~-"r""""'t'li~ <~= "~'._ _~~ ~ ==~;,.-"""""'~"I'T""J"'-R''f'''''P~~ ~ ~ ,. ." ~" ~~e~_" ......~. ~ ~~'lf.'i<P~ ~-~~ =, ~ "~- ~~'>",'= " " . rIrlirmt:r:;:t~1t~~w;I\'!fiI'\""'l'%,~?,:.;w:,~j\;;;%-;"'"7"f'i'f;i:;'lJi.~~J"'~~i~'r6'~-f:' -e'~.~, " -, ~H~''''ili>~''l''-,I~m_ ,~, o c:: ;:P:JJ ,~;~:=- ':'~'-> t~--=-- (j ;":'.:. ~-', f. .I -." (~-:. ":':j -< w C 1 ;>0. ~ ~inil~~1fl17"lil~" CJ i".J C' -I] ~ d:i1~~:! -" -f;!J'f ,-_0C.J ft~~ '::::j ~ ::0 -< ~'"f') :S;: :"'? '-.J ;"-h"T.-"14i::'i~"'W~;i"~0"i1~19<",.p!k~1"'~i..4}f!ljI~]~~~~;; aJRRElCl'ED DEED COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which C H Residential Properties L L C is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 2002, under and by virtue of a writ Execution issued on the 4th day ofJune, A.D., 2002, out of the Court ofConnnon Pleas of said County as of Civil Term, 2001 Number 5960, at the suit of Allfrrst Bank fka First National Bk ofMarvland sbm Dauphin Dep Bk & Tr Co against Leslie G Hoffer is duly recorded in Sheriffs Deed Book No. 254, Page 826. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;?3 day of (O,~ , A.D. 2002 'rJ),Ji'O. (J. 1[)~r dOh~ r I ecorder of Deeds ~_\lll~==-& !- _f,I"_;'n_''''',~_'~ ;_ ., 8 ~~Il. I ~ ~ . " ~ -~<.,~ - 11- ."""'F".....'~1 ."., '~.' ,,>~,. .' -~,"-"-,,^~,,,,~. &.t'~~=l~~;~':;~l~;~:~::;~;~;:;!.:~"-" Lf ~ ..--'>~I~"~' ~ ~< " r liIiIHlrf' '^= ,.~." ~-1L--!I~J?_ Jj!j:J~,tlili~l~~~~~~~[;J -^,~.,,..~l:Il!.!\I:Ilf)JlllLil8I~$;-~"-~'~"";'Y\-~-:>~""~;' 'i?i;;'i;:""';~1;:~0i#r'1!~;ft~~~~_~~*\J!RW;lIt-i!'i;M<41.~:;"';',",~:~f-, Q! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Parkton Enterprises Inc is the grantee the same having been sold to said grantee on the 4th day of Sept A.D., 12002, under and by virtue of a writ Execution issued on the 4th day ofJune, AD. 12002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5960, at the suit of Allfirst Bank fka First Natl Bk ofMarvland against Leslie G Hoffer is duly recorded in Sheriffs Deed Book No. 253, Page 3241. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 'l/ day of Sept, A.D, )2002, /~~ Recorder of Deeds -~';'~'!~f1"J>'.'~'"''''_"''i''"' - <-",. 1 ~ ,.^ , ~~~~~"-- ,-r"~ ~~ 1f?"%',~-r"',,,,,,,"_.",,,~~~.., ',," A11first Bank, flk/a The First National Bank of Maryland, successor by merger To Dauphin Deposit Bank and Trust Company In The Court of Connnon Pleas of Cumberland County, Pennsylvania Writ No. 2001-5960 Civil Term VS Leslie G. Hoffer Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 12,2002 at 6:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Leslie G. Hoffer, by making known unto Leslie Hoffer, personally, at 5340 Oxford Circle, Apt. 46, Mechanicsburg, Cumberland County, Peunsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2002 at 9:58 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Leslie G. Hoffer located at 213 E. Locust Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Leslie G. Hoffer, by regular mail to her last known address of 5340 Oxford Circle, Apt. 46, Mechanicsburg, P A 17055. This letter was mailed under the date of July 16, 2002 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County Pennsylvania, on September 4,2002 at 10:00 o'clock AM. He sold the same for the sum of$1.00 to Attorney Scott Dietterick for Parkton Enterprises, Inc. It being the highest bid and the best price received for the same, Parkton Enterprises, Inc. of 11350 McCormick Rd., Suite 200, Hunt Valley, MD 21031, being the buyer in this execution paid SheriffR. Thomas Kline, the sum of $1,209.76, it being costs. Sheriff s Costs: Docketing Poundage Posting Handbills Advertising Acknowledging Deed Auctioneer Law Library $30.00 23.72 15.00 15.00 30.00 10.00 .50 "1 -- ..-........,..... ~.,.,.",..<>,- Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 14.49 1.95 15.00 20.00 567.65 385.75 25.20 25.00 29.50 $1,209.76 paid by attorney 9/17/02 Sworn an~UbSCribed ~to before me ~~:. r1t: ~ This .J.o - day of J; FM-- I! , R. Thomas K1ine1S~ 2002, A.D. ~ 12 ~,ff. BvJBrL 1 [JlIVli1h Prothonotary Real Es~t;beputy f"!Ii"-'_ji:"'~""<"'_"":i~-""'..r'I"d ~ _ ~.J, _~ - I~- ~ H~ """","-'!'-~~,- a..J<> J>>.A-. JD.1J7i ~ I, Jot 3S'.UJf i2u-. )J9'117 ., - ~~"TM'''''1' ~ ~~''f''''''~~ ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/kJa THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO.: 01-5960 Civil Term Plaintiff, V$. LESLIE G. HOFFER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank f/kJa The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 213 E, Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055: 1. Name and Address ofOwner(s) or Reputed Owner(s): LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 2. Name and Address ofDefendant(s) in the Judgment: LESLIE G. HOFFER 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST BANK, tfkja THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff ;,.~......',l'/lc'l""__.'" "- ,->~, ' "F,_I ; ';'-- :.,n ,-" -", I' _"'__"~,_c,-,,- . ;"-, ~ 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST BANK, f!kIa THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY Plaintiff MEMBERS FIRST FEDERAL CREDIT UNION 5000 Louise Drive Mechanicsburg, PA 17055 5. property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 6, Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, JAMES, SMITH, D DATED: BY: Scott N ie Pa. LD, #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 !:;:~~~' '-'~1 ~___. '''-:c_''''''- 1< ~., '~-"~'_, ,,, ~'_ " ,<", ~,--~'.. , I . LEGAL DESCRIPTION ALL TIIAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at corner of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at corner of other lot of Tolbert C. Stambaugh; thence by the line of said lot and through the center of a frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING. HAVING TIIEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be borne equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed, The said easement being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67, ALSO SUBJECT, NEVERTHELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the WesT, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway, BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated JWle 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume 136, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No,: 17-23-0565-138 Exhibit "A" ~~;m>, -,~~-"7,~';'- ~ ,~~ 1< '-'::~' - , ~'. - ~;' -, " . - , "'- ,~..,.. ..---", " ,1-"" ,'--" ....1 !l~-~". ~_. ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, J7k/a THE FIRST NATIONAL BANK OF MARYLAND, successor by merger to DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION NO,: 01-5960 Civil Term Plaintiff, vs, LESLIE G. HOFFER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Leslie G. Hoffer 5340 Oxford Circle, Apt 46 Mechanicsburg, P A 17055 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 213 E. Locust Street Mechanicsburg, P A 17055 Cumberland County '~'-';'_<' ?;-~ ", ''1-'' . ' , ,~ -I n,. ~,-, ....,~, ,,- ,-, , ~ ~ - ,~~ ~v-__, ~~ .' The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 01-5960 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THlS PROPERTY ARE: Leslie G. Hoffer A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govermnental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court ofConnnon Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013, THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken, A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. - YOU SHOULD TAKE THlS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~'1l~~.'~""""\'" ~, ,--'~: '-~', ,-,~- " " ,- -, , - " I,' -, ", ~-':_~--'~ ":" ''''.-, "-,,,-", ' ,.~, r -- '~-' , .. " ",," 'I _ _e~' ~ " . '~~Iil",~P': " THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Connnon Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2, After the Sheriffs Sale, you may file a petition with the Court of Connnon Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Connnon Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: 5'(-30 /~ru BY: Scott A i erick, Esquire Pa. LD. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF ""-'-'''~', -~ ~ -" . < I":: ,"" ',,~ :' 1 ' " ~...,..,..,. ",'-' , .-' "Ui l . l'. f" '~r""~'~'" '. LEGAL DESCRIPTION ALL 1HAT CERTAIN tract or parcel ofland and premises situate, lying and being in the Borough of Mechanics burg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING ata nail in the house the center line of a frame partition wall and at corner of property formerly ofH.R. Helfrich now of J. Dale Bear; thence along said lot now of J. Dale Bear, northwardly through the center of said frame partition wall and beyond 139 feet, more or less, to a point at Stouffer Alley; thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at corner of other lot of Tolbert C, Stambaugh; thence by the line of said lot and through the center ofa frame partition wall southwardly 139 feet, more or less, to a point on the building line of said Locust Street; thence by said building line eastwardly 14 feet 11 inches, more or less, to the place of BEGINNING, HAVING THEREON erected a frame dwelling house numbered 213 East Locust Street. SUBJECT, HOWEVER, to the use of the sink located at a point partly on the East side of the said described lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of ground hereby conveyed; the expense of maintaining the said sink to be bome equally by the owners of the lot adjoining on the East, and the owners of the lot hereby conveyed, The said easement being more fully set forth in the deed of Jacob H. Koller to J, Roy Aughinbaugh, dated October 25, 1919 and recorded in the Recorder's Office at Carlisle, Pennsylvania in Deed Book "Y", Volume 8, Page 67, ALSO SUBJECT, NEVER1HELESS, to the free and uninterrupted use, liberty and privilege of a certain private alley or passageway 4 feet, more or less, in width running in a northerly direction from said Locust Street, and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West; together with a free ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C. Stambaugh, his heirs and assigns, owners, tenants and occupiers of the lot of ground adjoining and adjacent on the West, so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners, tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or passageway located partly on the above described lot and partly on the lot adjoining and adjacent on the West, in common with the owners, tenants and occupiers of the said lot of grourid adjacent and adjoining on the WesT, subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in maintaining, upkeeping, amending, repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thomas, his wife, by Deed dated June 16, 1993 and recorded on June 25, 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No,: 17-23-0565-138 Exhibit "A" '- -~: ~ ---, ,-j'_\~~,I' ,_U,' ~, ~'_"";' ,__",-r M",_' ' -'" I'! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK! F'IKIA THE FIRST NATIONAL BANK OF MARYLAND, SUCCESSOR BE MERGEil TO DAVPJIDN DEPOSIT BANK AND NO 01-5960 Civil CIVIL ACTION - LAW TRUST COMPANY, Plaintiff (s) From LESLIE G. HOFFER, 5340 OXFORD CIRCLE, APT 46, MECHANICSBURG, P A 17055 (I) You are directed to levy upon the property of the !Iefendant (s)and to sell SEE LEGAL DESCRITPION . (2) You are also directed to attach the property of the d~fendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify lrimIher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $63,218.00 L.L. $.50 Interest FROM 4/15/02 TO DATE OF SALE $2,256.80 Arty's Conun % Due Prothy $1.00 Other Costs Arty Paid $216.49 Plaintiff Paid Date: JUNE 4, 2002 CURTIS R. LONG Prothonotary, Civil Division ___By: ~~ L-E!. 7J?rnA-h' r;lJp-(r' REQUESTING PARlY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES, SMITH, DURKIN & CONNELLY, LLP P.O.BOX 650 HERSHEY, P A 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ill No. 55650 :F'*:"""f;-~"'''"<-"~,;",~ nlJr,'II[, [, I, _ ~v~~ - --~, '1' ~ ~-" ~ ~""~\>_',",'~~.." ~<,"""O"--'fT'["""-U"- ' - rnJlirr.T~~.rJ~--'krrnT~_T--"'" Real Estate Sale # 34 On June 6, 2002 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A known and numbered as 213 E. Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 6, 2002 By: ,Jdd4S~ Real Estate Deputy {-J c;;:;J CVi] = W liViI '{]d -,,', . " " ,-',' I! " Ii ~; Mnr 'k"h" :~:I h,] ,\ ~ " .-11'\_0 , 3:,JkU{.i) ~,~'!\~Jil~.mi~llJl,1 ~[lll~~".:,!!r~~~~"~~"~-;-~'""{W"6'''.~~'''~'1bif'''ifi'!-\;'f,)> ""'-,--'--'1-_::,,,,, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, ofthe County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Curnberland Law Journal on the following dates, V1Z: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter ofthe aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. / "- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of. AUGUST. 2002 NOt . ," LOISE. ~POOIIc . My~=ElqliNIMiRh~ -!:-:'12'""'~""""~ -..,'''"'-. "', " II" it ,'~'l!f"?' REAL ESTATE SALE NO. S4 Writ No. 2001-5960 Clv!l Allfirst Bank. flkl a The First National Bank of Maryland, successor by merger to Dauphin Deposit Bank and Trust Company vs, Leslie G. Hoffer Atty.: Scott A Diettertck EXHlBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land and premises situate, ly- ing and being in the Borough of Mechanicsburg in the County of Cwnberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a nail in the house the center line of a frame partition wall and at comer of property for- merly of H.R. Helfrich now of J. Dale Bear; thence along said lot now of J, Dale Bear. northwardly through the center of said frame partition wall and beyond 139 feet. more or less, to a point at Stouffer Alley: thence along said Alley westwardly 14 feet 11 inches, more or less, to a point at corner of other lot of Tolhert C. Stambaugh: thence by the line of said lot and through the cen- ter of a frame partition wall south- wardly 139 feet. more or less. to a point on the building line of said Locust Street: thence by said build- ing line eastwardly 14 feet 11 inches, more or less, to the place of BE- GINNING. HAVING THEREON erected a frame dwelli.'"lg house numbered 213 East Locust Street. SUBJEcT. HOWEVER to the use of the sink located at a point partly on the East side of the said de- sertbed lot of ground, and partly on the lot adjoining on the East, by the owners and occupiers of the said lot of ground adjoining on the East in common with the owners and occupiers of the lot of grormd hereby conveyed: the expense of maintain- ing the said sink to be bome equally by the owners of the lot adjoining on the East. and the owners of the lot hereb-.1 conveyed. The said ease- ment being more fully set forth in the deed of Jacob H. Koller to J. Roy Aughinbaugh, dated October 25. 1919 and recorded in the Recorder's Office at Carlisle, Penn- sylvania in Deed Book "T. Volwne 8, Page 67. ,,_", A 1-)~Y11! " I ~: ,r_ ALSO SUBJECT, NEVERTHE- LESS. to the free and uninterrupted use. liberty and privilege of a cer- tain private alley or passageway 4 feet. more or less, in width running in a northerly direction from said Locust Street. and located partly on the lot of ground hereby conveyed and partly on the lot adjoining and adjacent on the West: together with a free ingress. egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C, Stambaugh, his heirs and assigns. owners, tenants and occu- piers of the lot of ground adjoining and adjacent on the West. so that the said Raymond Peterman and Sadie Peterman, his wife, their heirs and assigns, owners. tenants and occupiers of the said lot of ground above described shall at all times hereafter have and enjoy the free and uninterrupted use, liberty and privilege of the said alley or pas- sageway located partly on the above described lot and partly on the lot adjoining 311.d adjacent on the \-Vest. in common with the owners, ten- ants and occupiers of the said lot of ground adjacent and adjoining on the West. subject, nevertheless. to the moiety or equal half part of all necessary charges and expenses which shall from time to time ac- crue in maintaining, upkeeping. amending. repairing and cleansing the said alley or passageway. BEING the same premises which Robert L. Thomas and Carol Thom- as, his wife, by Deed dated June 16. 1993 and recorded on June 25, ' 1993 in and for Cumberland County, in Deed Book Volume J36, Page 90, granted and conveyed unto Leslie G. Hoffer, a single woman. Parcel No.: 17-23-0565-13S. ,"'-? " , ,-, " JJ / , , ... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUB~g:~'ON ~~m~;~;;.;~;;;;;;~ S ALE #34 Nolanal Seal Teny L. Russell, NotalY. Public City Of Harrtsburg, Dauphin County My Commission Expires June 6, 2006. NOT Y PUBLIC Memt>er,pennsytvaniaAssociationOfNotaneMy commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 \ Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 384,00 1.75 385,75 Publisher's Receipt for Advertising Cost The Patriot News Co" publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid, By.....,.""...,..."".,......,.,..",...""".....,.,...,.,....", f-''-'!~-''~~''-.'''--,.,~ '<f _ - 1-' -,' - .-, f.;~:j'" KeSTI WrltNo, ClvW.., 'AI\first Bank, : T"''''- . ';',~-c=The'Fij'stNallonal Bank . of MarylaM, successor by merger to Dauphin Deposit Bank '. - and"ltust Co. ~-~-- -""'~ LesUe G. Hoffer -...0 .. Ally: Scoll A. Dlellerlck ~ DESt:IDPRON - - -.. --- ALL 1H.~.T CERTAIN- tract or parcel of lillld and ptc:mJ3eS situate, lying ~'lCl being in the BCrollg:h o.f1\1:ccbanicsbnrg 10 the County of C~mbcrland and Commonwealth Df Pennsylvan1:i, more ._~cub~ly described as follows: . r -- HE()IN7\!NG.at a nail in the house the center 11l1e oft fra~ partition wall and at comer of property ; fonnen~':)f H.R. Helfrich now of J. Dale, Be;:w, t~e -l1wngnsaid Jqt now of J. Dale Bear, northWardly through _the center of said frame 'partition wall and beyond 139 feet, more or lc~s, to-:,R point at Stouffer Alley; thence aloni!, salU Alley westwardly 14 fcellI inches, more or less, to a point at comer of otner lot of Tolbert C. Stmtbaligh; thence by the line of said lot am:l through the center of -a frame partitkm. wall "S01.lt\1.wardty 139 feet, more or less, to a pam! on , ~Pullding _line of ~aid Locust Street; thc~ce by said builclll" line eastwardly 14 feet II Inches, more or lt3S,~IO the place of BEGINNING, HAVING THEREON erected a frame uwelling -bou.~e JIUmbered j 13.ust Locust Stree!, Su"BJECT, -HmrEVER, to the use of the sink located at a point partly on the East sid!; of tlt~ said described tut of ground, und pattly on the lot adjoining on the Ell5t, by the O\\-'1lCr:s and OCcupiers of the said lot of ground adjoining on the East in cornman with the owners and occupiers of the lot of ground hereby conveyed; Ih. ~ponw-C)t.-maiu.t:l.:ning-tl'.,c-,;aid_~mk to be borne equally by the o,>vner.; of the lot ;J,ujoinlng on the East, aha the owncrs of the lilt hereby conveyed. The ~aid casement being more fully sel forth in the deed of Jacob H. Koller !o J. RO)' Allgbinbaugh, (jilted. October 25,1919 and recorded in the Recorder's Office at Carli-sle, Pennsylvania io Deed Book "V", Volunu: 8, Page '07 -. , t\iSO:stJ'BJECT. nevertheless, to the free and uninterrupted use, liberty and privilege of JI cettaiJl private alley or passJJ.8eway 4 feel, more or Jess~_jn width ronmng in a northerly dimtion from said tOCllst Street., and located p.ut1y on the Jot of ground hereby conveyed and partly on the M,.@jo~ntngandadjucentontheWest;togethcr with a frct:-ingress, egress and regress into over and along said alley or passageway at all times hereafter forever in common with the said Tolbert C...statiibaugh, his heirs and assigns, QWnCN, - tenantL und occupim of the lot of ground ildjoining and adjacent on the West, so that the said _Raw-ond Petennan and Sadie PeleJJnan, his -wife. their heirs and !lSSigns, owners, tenants and occupiers of the said lot of grotmd alxwe described shall at aU times hereafter have and enjoy the free and unlnlcrrupted use, liberty and ~rivilege of the said alley or passageway loc-ilted , partly on the above described lot and partly on the , lot adjoining and f!.pjacent on the West, in ,.5::01lli!lQP with the owners, tenants and occuplcrs '_ ~oUbe sa,id rot of ground adjacent Wld adjoining on - llieWesl. spbjec!, nevertheless, to the moiety Of equal half part Or all, necessary charges ilnd expcnses'whicl1 shalf from time to tlme accrue in ._rnaiomining, upkeeping, amending, repairing and ~reansjng the ~d alley \';lr passage,>vay. :''''BffiNG the same 'premises which Robert L Thomas and Carol Thomas, his wife. by DecO dated June 16, 1993 and recorded on June 25, 1993 in and for Cumhcrland Coumy. in Deed Book Volume 336. Page 90, granted and conveyed unto Leslie G, Hoffer. a ,~jnglt' woman. _~l'Io.;17c2J.0565:J3E~,_ J