Loading...
HomeMy WebLinkAbout99-03558 1? ? i i Axel A. Shield, 11, Esquire I.D. No. 17440 Stephen M. Hladik, Esquire I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 Telephone: 610.640-1200 Fax: 610-640.9865 The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-13, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: i( i - _3SSJ) (? C iAi,?__ CIVIL ACTION Chester L. Brenizer, Defendants. MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo all partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la cone en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas [as provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME FOR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Axel A. Shield, II, Esquire I.D. No. 17440 Stephen M. Madik, Esquire I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 Telephone: 610-640.1200 Fax: 610-640-9865 The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B, Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION Chester L. Brenizer, Defendants. MORTGAGEFORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B, brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B ("Plaintiff'), is a corporation with a principal place of business c/o The Money Store, 4111 South Darlington, Suite 800, Tulsa, Oklahoma 74135. 2. The last known address of Chester L. Brenizer, Defendant, is: 1819 Heishman Gardens Drive, Carlisle, Pennsylvania 17013. 3. Chester L. Brenizer executed a mortgage with TMS Mortgage Inc., d/b/a The Money Store, on June 18, 1998 (the "Mortgage"), in the amount of $36,000.00, which Mortgage was F:\DOCS\1513\134.8RE\PLEADING\CWL.DOC recorded with the Recorder of Deeds of Cumberland County on June 24, 1998 in Mortgage Book 1462, Page 757. The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and is incorporated herein by reference as though fully set forth at length. 4. TMS Mortgage Inc., d/b/a The Money Store, assigned all right, title and interest in the Mortgage to The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B, which assignment was recorded in the Recorder of Deeds Office for the County of Cumberland on April 15, 1999, in Mortgage Book 609 at Page 1016. 5. Plaintiffis, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of the above-described assignments. 6. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length. 7. The real property which is subject to the Mortgage is generally known as 1819 Heishman Gardens Drive, Township of Middleton, Cumberland County, Pennsylvania 17013 (the "Mortgaged Premises"). The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "C" and is incorporated herein by reference as though fully set forth at length. 8. The interest of the Defendant is as Mortgagor, Real Owner or both. 9. If the Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate. 2 10. The Mortgage is in default because the monthly payment of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of December 1, 1998 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with the charges specifically itemized below are immediately due and payable. 11. The following amounts are due as of May 14, 1999: Principal of Mortgage debt due and unpaid ..................... $35,969.67 Interest due and owing as of May 14, 1999 at 10.25%, $10.24 per diem .................................. 1,986.82 Late Charges of $16.13 per month assessed on the 16th day after payment is due ....................... 96.78 Corporate advance .......................................... 100.00 Current NSF Charges ......................................... 30.00 Deferred NSF Charges ........................................ 30.00 Attorneys' fees .......................................... 800.00 TOTAL ......................................... $39"013.27 12. Interest accrues at a per diem rate of $10.24 and late charges accrue at a monthly rate of $16.13 assessed on the 16th day payment is past due for each date after May 14, 1999 that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees and costs as well as other expenses, costs and charges collectable under the Note and Mortgage. 13. The original principal balance of the Mortgage did not exceed Fifty Thousand Dollars ($50,000.00). Notice of Intention to Foreclose pursuant to 41 P.S. § 403 was mailed to each individual Defendant via regular mail and certified mail, return receipt requested, on April 13, 1999. 3 A true and correct copy of said notice is attached hereto and marked as Exhibit "D" and is incorporated herein by reference as though fully set forth at length. 14. Notice pursuant to the Homeowner's Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sea., was sent to each individual Mortgagor by first-class mail on. A true and correct copy of said notice is attached hereto and marked as Exhibit "E" and is incorporated herein by reference as though fully set forth at length. WHEREFORE, Plaintiff demands judgment against Defendant Chester L. Brenizer, for foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 11, namely $39,013.27, plus the following amounts accruing after May 14, 1999, to the date ofjudgment: (i) interest at a per diem rate of $10.24; (ii) late charges of $16.13 per month, assessed on 16th day payment is past due; and (iii) additional attorneys' fees hereafter incurred and costs of suit. Date: _('f - 3 , el S CAPLAN & LUBER, LLP By: Axel . Shield, II, Esquire 40 Darby Road Paoli, PA 19301 610-640-1200 Attorneys for Plaintiff UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. //:,, :: au41o3 ? RECORD AND RETURN TO:. PROFESSIONALABSTRAQT ASSURANCE C.oRP.',? °.i:L>t1U Citft•i 'r 4800 STREET ROAD' TREVOSE, PA 'gap JUIl "L`+ : R(?`'1Q+` ?' 'z 11341 Parcel Number: 'y "e?,? ?•;? ?;??? .} i_ ._ ; t•1'r* r?,:. ° 29-17-1585-235 After recording return to: The Money Store/Packaging P.O. Box 160128 Sacramento, CA 95816.0128 0081023558 MORTGAGE THIS MORTGAGE ("Security Instrument") is made this Eighteenth Day of June, 1998 between the Mortgagor. Chester L. BreniZer (herein "Borrower"), and the Mortgagee, TMS Mortgage Inc. , dba The Money Store which is organized and existing under the laws of New Jersey and whose address is 4660 Trindle Road Suite 1002. Shiremanstown, PA 17011 (herein *Under'). WHEREAS, Borrower is indebted to render in the principal sum of Thi rty-Six thousand and 00/100 Dollars (U.S. s 36,000.00 ) together with interest, which indebtedness is evidenced by Borrower's note dated June 18, 1998 (the "Note"), providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on July 1, 2028 TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; extensions and renewals of the Note; the payment of all other sutras, with interest thereon, advanced in accordance with this Security Instrument to protect the security of this Security instrument; and the performance of the covenants and agreements of Borrower contained in this Mortgage. Borrower does hereby mortgage, grant and convey to Lender, the following described property located in Cumberland County. Pennsylvania: . (SEE EXHIBIT 'A' ATTACHED) PdvvL a9 -- 1-1- 115 85 - X35 being the same property commonly imown as: 1819 Hei shman Gardens Dri ve, Carl i sl e, PA 17013 ,. ("Property Address"). PENNSYLVANIA MORTGAGE'isrcal Original - Record M002-IPA r.a• ai C''???•???' ? I IIII IIIIII?I IIII IIIII?IIBI111111V011111111111111111111111111 00810235SSRMG - 60 9ood462?Ad X757 ausrnrE•itrirMAnotuu J TOGETHER with all the improvements now or hereafter%ereeted.odahT!,propeny; and all easements, rights, appurtenances and tents, all of which shall be deemed to be and re"m'ain p'arr;.oflthe,praperty covered by this Security Instrument. All of the foregoing, together with such property (or •the•Ieasehoid-ennte.,iftthis Security Instrument is on a leasehold) are called 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 covenants that Borrower will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Borrower further warrants, represents and covenants as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest Indebtedness and all other charges evidenced by the Note. 2. Funds for Taxes and Insurance. If required by Lender, and subject to applicable law, 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 food insurance premiums, if any; and (e) yearly mortgage insurance premiums, if any. These Items are called "Escrow Items." Lender may, at any lime, 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. Section 2601 el 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 Foods to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However. Lender may require Borrower to pay a one-time charge for an Independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds 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 is 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 18, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at, the time of acquisition or sale w a credit against thr, sums secured by this Security Instrument. 3. Application of Payments. All payments of principal and interest received by Lender shall be applied as provided in the Note. If Borrower owes Lender any late charges, or other fees or charges ("nther charges"), they will be payable upon demand of Lender. Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to Lender in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Lender. Borrower agrees that Lender may apply any payment received under Paragraphs I and 2, either first to amounts payable under Paragraph 1, or first to amounts payable under Paragraph 2. PENNSYLVANIA MORTGAGE ,stunt Original M002.2PA Record poox1462PAGE .758 P.a. 2 e, 1 0081023558 I 4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument, if any, including Borrower's covenants to make payments when due. Borrower shall pay or came to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Security Instrument, and leasehold payments or ground rents, if any. 5. lnsurance.'9orrower shall keep the improvements now existing of hereafter erxtedon the Properly insured against loss by fire, hazards included within the term "extended coverage," flood and my other hazards as Lender may require, from time to time, and in such amount and for such periods as Lender may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. If the Borrower falls to maintain the coverage described above, Lender may, at its option, obtain coverage to protect its rights on the Property In accordance with Paragraph 8. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standird mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. If any insurance proceeds are made payable to Borrower, Borrower shall promptly pay such amounts to Lender, including, without limitation, the endorsement to Lender of any proceeds made by check or other draft. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair Is not economically feasible or Lender's 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. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amounts of the payments. If under Paragraph 18 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. The provisions of this Paragraph 5 concerning the payment, disbursement or application of insurance proceeds shall apply to any insurance proceeds covering the Property whether or not (1) Lender is a named insured, (ii) the polity, contains a mortgage clause, or (iii) Lander has required Borrower io maintain the insurance. Borrower authorizes and directs any insurer to list Lender as a loss payee on any payment of insurance proceeds upon Lender's notice to insurer of Lender's interest in the insurance proceeds. , 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. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Leader to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Leader is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Security Instrument. 6. Preservation and Maintenance of Property: Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall, not commit nor permit waste or impairment or deterioration of the Property. Borrower shall not do anything affecting the Property that is in violation of any law, ordinance or government regulation applicable to a residential property, and Borrower shall comply with the provisions of any lease if this Security Instrument is on a leasehold. If this Security Instrument is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest thereon, for any injury to or decrease in the value of the Property received by Borrower will be used to restore the Pmpcrty or applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. 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 amounts of the payments. Borrower agrees, that in the event an award, payment or judgment, includes compensation for both injury or, decrease in the value of the Property and compensation for any othei injury or loss, the total amount of such award, payment or judgment PENNSYLVANIA MORTGAGE 497001 Original - Record 0081023558 M002.3PA r•a• 0.17 eooK 1462 fac( .759 shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into any proceedings regarding the Property. 7. Loan Application Proem. Borrower shall be in default under this Security Instrument, if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or' felled to provide Lender with any material Information directly hearing an Lender's decision to extend credit to Borrower), in connection with the loan evidenced by the Note. S. Protection or 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, 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 lit 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 or abate nuisances. Although Lender may take action under this Paragraph 8, Lender does not have to do so. The right of Lender to protmt Lender's rights in the Property shall include the right to obtain at Borrower's expense, property inspections, credit reports, appraisals, opinions of value or other expert opinions or reports, unless prohibited by law. . . Any amounts disbursed by Lender under this Paragrophi8 shall become addliional-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 demand of Lender. The Borrower's obligation to pay the amounts advanced by Lender under this Paragraph 8 shall continue in full force and effect after the entry of any judgment in mortgage foreclosure or a judgment on the Note. 9. Mortgage Insurance. If Lender required mortgage insurance as a condition of matting the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance In effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's interest in the Property. if. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terns of any mortgage, deed of trust or other security agreement with a lien which has priority over this Security Instrument. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the daze 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 the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in Paragraphs I and 2 or change the amount of such'payments. B001(i162PACE %760 PENNSYLVANIA MORTGAGE 197091 Original - Record M002-4PA P.v.. e.7 0081023558 r, ..r.../. i;;:: ,.. 12. Borrower Not Released; Forbeanmce By Lender Not a Waiver; Acceptance of Partial Payment. Extension of the time for payment or modification of amortization of the sums secured by, this Security Instrument granted by Lender to Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower .and Borrower's successors in Interest. Lender shall not be required to commmce proceedings against such successor or may.mfuse to, extend time for payment or otherwisemodify amortization of the sums secured by this Security Instrument-by reason of any demand madeby•the original Borrower and;Borrower's successors in interest. Anyiforbearance by fender on one or more occasions in exercising any right or remedy hereunder, or otherwise afforded by applicable law,,shall not b6 a waiver of or preclude the later exercise of that or any other right or remedy. Lender may accept partial payments from Borrower, without waiving or forbearing any of its rights under this Security Instrument or under the Note even if such payments are notated as a payment in full, or with a notation of similar meaning. 13. Successors and Assigns Bound; Joint and Several Liability; Signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who signs'this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Security Instrument, (b) Is not personally liable on the Note or under this Security Instrument, and (e) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 14. Notice. Except for any notice required under applicable law to be given in another rawer: (a) any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing such notice by first class mail addressed to the Property Address or to such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by first class mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Governing Law; Sevessnbility. The state and local laws applicable to this Security Instrument shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability , of-federal law to this Security Imtmment. 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, and to this end, the provisions of this Security Instrument and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 16. Borrower's Copy. Borrower shall be famished a copy of the Note and of this Security Instrument at the time of execution or after recordation hereof. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all Burns secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without Nrther notice or demand on Borrower. is. Acceleration; Remedies. Except as provided iii Paragraph l7 hereof, upon Borrower's breach of any wvcnant or agreement of Borrower in this Security Instrument, including the covenants to pay when due any sums secured by this Security Instrument, Lender prior to acceleration shall give notice to Bonower as provided in Paragraph 14 hereof specifying: (1) the PENNSYLVANat MORTGAGE most Original Record M002-SPA Pq. 5 nr) 0081023558 Bolik 11462 PACE , 762, breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument or foreclosure by judicial proceeding. The notice shall further inform Borrower of the right to reinstate this Security Instrument after acceleration and the right to bring a court action or to assert in the judicial procieding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, lender, at Lender's option may declare all of the sums secured by this Security Instrument to be immediately due and payable without further demand and may foreclose this Security Instrument by judicial precceding and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, court costs, and costs of documentary evidence, abstracts and title reports, even if the breach is cured prior to the completion of any foreclosure. Borrower agrees that the interest rate payable after 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. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Security Instrument due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Security Instrument discontinued up to one hour prior to sale of the Property If: (a) Borrower pays Lender all sums which would be then due under this Security Instrument and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Security Instrument; (c) Borrower pays all reasonable attorneys' fees, trustees' fees and court costs; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unimpaired. Upon such payment and cure by Borrower, this Security Instrument and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. This right to reinstate shall not apply, however, in the case of acceleration pursuant to Paragraph 17. 20. Assignment of Rents; Appointment or Receiver. As additional security hereunder, Borrower hereby assigns to Leader the rents of the Property,' provided that Burrower shall, prior to acceleration under Paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under Paragraph 1S hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premium on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. Lender and the receiver shall be liable to account only for those rents actually received. 21. 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 for normal residential uses and for niaintenance 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 ?t regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. - As uddd in this Paragraph 21, "Hazardous Substances" are those substances defined as toxic of hizardous substances by Environmental law and the following substances: gasoline, kerosene, other flammable or toxic peiroleiim'products.toxie pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactivc.ii2erials. As'used in this Paragraph 21, "Environmental Law" means federal laws and laws of the jurisdiction where the Prop1. ny i's;located:that'. :. relate to health, safety or environmental protection. - '• •:-:°? ?, :'`';'?'=' <'- Bood462 PAGE .762 PENNSYLVANIA MORTGAGE 19709[ OrS9rina2 - Record Mooz-avA P., 6 of 7 0081023558 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release the Security Instrument, Borrower shall pay any release fees and costs of recordation unless applicable law provides otherwise. 23. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title•to the Property, this Security Instrutment shall be a purchase money mortgage. Adjustable Rate Mortgage 'Loan Rider attached hereto and incorporated herett by' this reference. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. L. at Law TIMOTHY M. Certlntate of Residence -Borrower (Seal) (Seal) (Seal) -Borrower (Seal) -H.Mwer 1, John Maurer , do hereby certify that the correct address of. the within-named Lender is 4660 Trindle,,Road Suite 1002, Shiremanstown,, PA 17011 Wiirteas my hand this " 18th' day of J e 1998 L, nA a?- John Maurer Agent of Lender COMMONWEALTH OF PENNSYLVANIA. Cumberla County as: On this, the 18th day of June personally appeared Chester L. Brenizer 1998 , before me, the undersigned officer, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official sea]. My Commission Expires: Tide of Officer ItMerfdl seat Koran L. Burcb.' Notary Public Hempaen Cumberland Coumy My Canmisaion Expires Nov. 24• 2001 Member. PentnrNgnia Association of Notaries PENNSYLVANIA MORTGAGE ia>osi Original - Record Moot-TPA P.a. r.. r PoxU62?Act 5763 0081023558 -ALL THAT CERTAIN TRACT OF LANDS, SITUATE IN NORTH MIDDLETON TOWNSHIP, CUMBERLANfl COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED IN ACCORDANCE WITH SURVEY OF CARL D. BERT, REGISTERED SURVEYOR, DATED NOVEMBER 4, 1983, AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF HEISHMAN GARDENS DRIVE, TOWNSHIP ROAD T-716 SAID POINT BEING THE DIVIDING LINES BETWEEN LOTS NOS. 1819 AND 1819A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID DIVIDING LINE AND THROUGH THE CENTER OF A PARTY WALL DIVIDING THE DWELLING HOUSE HEREIN CONVEYED FROM THE DWELLING HOUSE KNOWN AS 1819A HEISHMAN GARDENS DRIVE, NORTH 37 DEGREES 55 MINUTES 22 SECONDS EAST 119.26 FEET TO A POINT IN LINE OF LAND NOW OR FORMERLY OF WILLIAM M. CROFT; THENCE BY LAND NOW OR FORMERLY OF WILLIAM M. CROFT, NORTH 83 DEGREES 28 MINUTES 40 SECONDS WEST 57.63 FEET TO A POINT AT THE NORTHEAST CORNER OF LOT NO. 1817A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE BY SAID LOT NO. 1817A SOUTH 32 DEGREES 02 MINUTES 47 SECONDS WEST 107.51 FEET TO A POINT ON THE NORTHERN SIDE OF HEISHMAN GARDENS DRIVE; THENCE BY HEISHMAN GARDENS DRIVE SOUTH 76 DEGREES 57 MINUTES 58 SECONDS EAST 42.09 FEET TO A POINT, THE PLACE OF BEGINNING. Boox1462WE 064 0081023558 ADJUSTABLE RATE NOTE (LIBoR 6 Month Libor Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LI19TS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TM AND THE MINIMUM AND-THE MAXIM RATE I MUST PAY. June 18. 1998 Date 1819 Heishman Gardens Drive, Carlisle, PA 17013 Property Address BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay Thi rty S i x Thousand and 00/100 Dollars (U.S. $ 36,000.00 > (this amount will be called 'principal"), plus interest, to the order of the Lender. The Lender is TMS Mortgage Inc. , dba The Money Store I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note and who is entitled to receive payments under this Note will be called the "Note Holder." 2. INTEREST I will pay interest at an annual rate of 10.250 X Interest will be charged on unpaid principal beginning on Jul y 1, 1998 , and will continue until the full amount of principal has been paid. The interest rate I will pay may change in accordance with Section 4 of this Note. Interest shall continue to accrue at the interest rate required by this Section 2 and Section 4 of this Note after the maturity or default of this loan. 3. PAYMENTS (A) Amount of My Initial Monthly Payments I will pay principal and interest by making payments each month ("monthly payments"). My initial monthly payment will be in the sum of U.S. $ 322.60 This amount may change. (B) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. (C) Time, Place and Application of Payments I will snake my monthly payments on the Fi rst day of each month beginning on August 1, 1998 I will make monthly payments every month until I have paid all of the principal and interest and any other fees or charges, described below, that I may owe under this Note. If, on July 1. 2028 any sum still remains unpaid, I will pay what I owe in full on that date. All monthly payments received by Note Holder shall be applied first to accrued interest and the remainder, if any, to the principal. If I owe the Note Holder any late charges, or other fees or charges ("other charges"), they will be payable upon demand of the Noce Holder, Unless prohibited by law, the application of payments may be affected by the imposition of other charges. Therefore, payments of other charges, whether paid to the Note Holder in addition to the monthly payment or separately, will be applied in a manner at the absolute discretion of the Note Holder, subject to applicable law. I will make my monthly payments at P.O. Box 1058, Newark, NJ 07101.1058 or at a different address if required by the Note Holder. PENNSYLVANIA ADJUSTABLE PATE NOTE Islon Original - File MODS-1 PA Pee. t ., 4 -- A45TATE?INfEpNAnntUt 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may change on the 1St day of July. 2000 and on the 1St day of every 6th month(s) thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for 6 Month Libor U.S. dollar-denominated deposits in the London market based on quotations of major banks, as published by The Wall Street Journal. The most recent Index figure available as of the 20th day of the calendar month immediately preceding each Change Date is called the "Current Index." If the Index is no longer available, or is no longer published by The Wall Street Journal, the Note Holder will choose a new index or source of index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding F1 ve and 1 /2 percentage points ( 5.500 %) to the Current Index. The Note Holder will then round the result of this addition up to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Dare in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.250 % or less than 10.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding Six and 00/100 month(s). My interest rate will never be greater than 16.250 %, or less than 10.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any payment change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. 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 of my monthly payments by the end of 15 calendar days after the date it is due, I will promptly pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my full monthly payment. I will pay this late charge only once on any late monthly payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or trailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in frill as described above, the Note Holder will still 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 for all of its costs and expenses to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees, foreclosure fees and court costs. PENNSYLVANIA ADJUSTABLE RATE NOTE o7o2: Original - File M006dPA Pete 2 of 4 0081023558 (F) Check CoBMion Charges if 1 present the Note Holder with a check, negotiable order of withdrawal, share draft or other instrument in payment that is returned or dishonored for any reason, I will pay a check collection charge to the Note Holder. The amount of the charge will not be greater than U.S. $ 15.00 6. TICS NOTE SECURED BY A SECURITY INSTRUMENT In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the 'Security lnstmment"), on real property (the "Property") described in the Security Instrument and dated the same daze as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. The Security Instrument describes how and under what conditions I may also be required to make immediate payment in full of all amounts I owe under this Note. I agree to these conditions. Some of these conditions are 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 Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 7. BORROWER'S PAYMENTS BEFORE THEY ARE DUE Subject to the application of payments described in Section 3(C), 1 have the right to make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the unpaid principal is known as a "partial prepayment." If I make a partial prepayment equal to one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a full or partial prepayment at any time. However, if within the first 60 months from the date of this loan I male any prepayment(s) within any 12-month period whose total amount exceeds 20% of the original principal amount of this loan, I will pay a prepayment charge equal to sit months' interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds 20% of the original principal amount of this loan. 8. BORROWER'S WAIVERS I waive my rights to require the Note Holder to do certain things. Those things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice of dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). Anyone else who agrees to keep the promises made in this Note, or who agrees to make payments to the Note Holder if 1 fail to keep my promises under this Note, or who signs this Note to transfer it to someone else, also waives these rights. These persons are known as "guarantors," "sureties" and "endorsers." 9. 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 addressed to me at the Property Address described in the Security Instrument. A notice will be delivered or mailed to me at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(C). A notice will be mailed to the Note Holder at a different address if I am given a notice of that different address. 10. RESPONSIBILITY OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each of us is fully and personally obligated to pay the full amount owed and to keep all of the promises made in this Note. Any guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to do these things. The Note Holder may enforce its rights under this Note against each of us 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. Any PENNSYLVANIA ADJUSTABLE RATE NOTE (57021 Original - File MOOS•3PA Paa s 0 4 0081023558 person who takes over my rights or obligations under this Note will have all of my rights and must keep all of my promises made in this Note. Any person who takes over the rights or obligations of a guarantor, surety, or endorser of this Note (as described in Section 8 above) is also obligated to keep all of the promises made in this Note. This Note is intended by lender and me as a complete and exclusive statement of its terms, there being no conditions to the enforceability of this Note. This Note may not be supplemented or modified except in a writing signed by me and the Note Holder. This Note benefits Lender, its successors and assigns, and binds me and my heirs, personal representatives and assigns. 11. APPLICABLELAW This Note shall be governed by the laws of the State of Pennsylvania. If a law which applies to this loan and sets maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with this loan exceed the permitted limits, then: (A) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge to the permitted limit; and (B) 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 taking a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 12. BORROWER'S COPY I hereby acknowledge receipt of a filled-in copy of this Note. -Bo=wer Arty at Law TIMOTHY M. ANSTINE Pay to the order of: TMS Mor gagf Inc., dba The Money Store By 1! ?t t• ij 6-- B 6h Manager John Maurer t` PENNSYLVANIA ADJUSTABLE RATE NOTE 197023 Original - File M00E•4PA •Bormwer Page 4 of 4 (Seal) (Seal) -Bomwer (Sign Original Note Only) 0081023558 DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Carl D. Bert, Registered Surveyor, dated November 4, 1983, as follows: BEGINNING at a point on the North side of Heishman Gardens Drive, Township Road T-716 said point being the dividing line between Lot Nos. 1819 and 1819A on the hereinafter mentioned plan of lots; thence by said dividing line and through the center of a party wall dividing the dwelling house herein conveyed from the dwelling house known as 1819A Heishman Gardens Drive, North 37° 55' 22" East 119.26 feet to a point in line of land now or formerly of William M. Croft; thence by land now or formerly of William M. Croft, North 83° 28' 40" West 57.63 feet to a point at the Northeast corner of Lot No. 1817A on the hereinafter mentioned plan of lots; thence by said Lot No. 1817A South 32102' 47" West 107.51 feet to a point on the Northern side of Heishman Gardens Drive; thence by Heishman Gardens Drive South 76° 57' 58" East 42.09 feet to a point, the place of beginning. BEING Lot No. 1819 on the Plan of Lots known as Heishman Gardens as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 19, page 43. HAVING thereon erected a dwelling being the western half of a duplex and being known as 1819 Heishman Gardens Drive. Tax Parcel # 29-17-1585-235 EFXO M UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. April 13, 1999 CERTIFIED MAIL RECEIPT REQUESTED AND REGULAR FIRST CLASS MAIL To: Chester L. Brenizer 1819 Heishman Gardens Drive, Carlisle, PA 17013 Re: Mortgage Loan Number: 81023558 Mortgage Premises: 1819 Heishman Gardens Drive, Carlisle, PA 17103 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B (hereinafter we, us or ours) on your property located at 1819 Heishman Gardens Drive, Cariisle, PA IS IN DEFAULT because you have not made the monthly payments of principal and interest of $322.60 for the months of December, 1998 through April, 1999 totaling $1,613.00 Late charges (and other charges) have also accrued to this date in the amount of $154.52. The total amount now required to cure this default, or in other words, get caught up in your payments, through the date of this letter is $1,767.52. You may cure this default within thirty (30) days of the date of this letter, by paying to us the above amount of $1,767.52, plus any additional monthly payments and late charge which may fall due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made payable to The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B c/o The Money Store. If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default ALL•STAW UIIENUMML is not made within thirty days, we also 4truct our attorneys to start a lawsuit to foreclose on your mortgaged propertyprtgage is foreclosed, your mortgaged property will be sold by the sheriff to pajortgage debt. If we refer your case to our atto ou cure the default before they begin legal proceedings against you, you will o pay the reasonable attorneys' fees, actually incurred. Any attorneys' fees to whatever you owe us, which may also include our reasonable costs. If yo efault within the thirty-day period, you will not be required to pay attorney's fie We may also sue you personally laid principal balance and all other sums due under the mortgage. If you have nol default within the thirty-day period, and foreclosure proceedings have begun, yor right to cure the default and prevent the sale at any time up to one hour before I's foreclosure sale. You may do so by paying the total amount of the unpaid mcnent plus any late or other charges then due, as well as the reasonable attorneyd costs connected with the foreclosure sale (and perform any other requiremerthe mortgage). It is estimated that the earliest date that such a sheriffs sale cold would be approximately October 12, 1999. A notice of the date of the sheriff ibe sent to you before the sale. Of course, the amount needed to Default will increase the longer you wait. You may find out at any time exactly whaired palment will be by calling us at the following number: 918-280-2700. This plust ben cash, cashier's check, certified check or money order and made payabli the adress stated above Your should realize that a sheriffll end vur ownership of the mortgaged property and your right to remain in it. ontinuito live in the property after the sheriffs sale, a lawsuit could be started lou. You have additional rights to help ,0 intest in the property. YOU HAVE THE RIGHT TO SELL THE PROPEROBTA MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORFONEY=ROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBI MAY ,VE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJEiTHE IRTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME TRTGAQEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CH NO AIRNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SA OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISJTHAT?' ONTAIS TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGH T EXIS'OU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANYQ PARTYING ON YOUR BEHALF. If you cure the default, the mortgau berestoe same position as if no default had occurred. However, you are tled to thi o cure your default more than three times in any calendar year. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THE COMMONWEALTH OF PENNSYLVANIA'S HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MAY BE ABLE TO HELP YOU. READ THE FOLLOWING NOTICE TO FIND OUT HOW THE PROGRAM WORKS. If you need more information call the Pennsylvania Housing Finance Agency at 1 (800) 342-2397 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. GILOCFIIUVN BBEV.ETTER6 Ml NOT EXHIBIT 0 AU-STATE- NTEBNATIOM ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Date: April 13, 1999 RE: Account No.: 81023558 TO: Chester L. Brenizer 1819 Heishman Garden Drive, Carlisle, PA 17103 PROPERTY: 1819 Heishman Gardens Drive, Carlisle, PA 17013. FROM: Axel A. Shield, II, Esquire Attorneys for The Bank of New York as Co- Trustee under the Pooling and Sevicing Agreement dated as of July 31, 1998, Series 1998-B c/o The Money Store. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, 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. 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 this lender, 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 in the next (30) days. F.U=S%1513V3I BE ETTEESMC[91.NOT If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Kelly Deal, Litigation Officer c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Tel No.: 918-280-2700 Fax No.: 918-280-2719 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the delinquency is $1,767.52. That sum includes the following: Principal and Interest @ $322.60 per month for 5 months $1,613..00 Current Late Charge $ 64.52 Current NSF Due $ 30.00 Deferred NSF Charge $ 30.00 Total Fees $ 30.00 TOTAL $1,767.52 If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. As application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. PDOW 1511115/ BPEILETTERSUM L NOT It Is extremely Important that you file your application promptly. If you do not do so, or If you do not follow the other time periods set forth In this letter, foreclosure may proceed against your home Immediately. 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 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 additional 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 that Agency of its 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. In addition you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, CA N 85 UBLER, L By: Q // ^i ?) /? wo Axel A Shield, II, Esquire UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR WRITTEN REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F %DMS11 5 1 9115 4 BEEU.ETTEE5MCT91 NOT 4 Consumer Credit Counseling Agency Notification To: Date: Name of Mortgagee Address In accordance with the Pennsylvania Homeowners' Emergency Mortgage Assistance Program (Act 91 of 1983), we have been approached for mortgage counseling assistance by: Name of Applicant ress Telephone Number Mortgage Loan Number Address of property on which mortgage is in default, if different from above. F\DOCAI51A134 RRELLETTERSAR91 NOT The counseling agency met with the above named applicant on Date who have indicated that they are more than sixty days delinquent on their mortgage payments and have received notification of intention to foreclose from Name and Address of Mortgagee In accordance with the Homeowners' Emergency Mortgage Assistance Program, this is to inform you that : 1. If the delinquency cannot be resolved within the 30 day forbearance period as provided by law, the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Mortgage Payment Assistance. 2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has indicated as also having a mortgage on the property identified above. 3. It is our understanding that the 30 day forbearance period in which we are now in ends on 4. No legal action to enforce the mortgage may occur during this forbearance period, unless procedural time limits were not met by the homeowner. Name of Counseling Agency: Signer and Title Telephone Number F`DOCS ??11H.BRELLETTER CT91.NOT PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX 4 (717) 637-3294 Blair County Economic Opportunity Council 5433 Industrial Avenue Altoona, PA 16601 (814) 946-3851 FAX m (814) 946-5451 A&=n Housing, Inc. Number Two Gateway Canter 9th Ficor Pittsburah, PA 15222 (412) 391-1956 Community Action Southwest 22 West High Street Waynesburg, PA 15370 (412) 852-2893 Consumer Credit Counseling Service of Western Pennsvivania. Inc. 309 Smithfield Street Pittsburgh, PA 15222 (412) 471-7584 Consumer Credit Counselino Service of Western Pennsylvania. Inc. 500-02 3rd Avenue Past Office Eox 278 Ouncansviile, PA (814) 696-3546 F9D0C=r.CXMUCFGPE=A C'91rgr Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Unglestown Road H2msbura, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 ALLEGHENY COUNTY Housing Opportunities. Inc. 133 Seventh Street Mci(eesocrt, PA 15132 (412)65'4-1590 FAX m (412) 1564-0872 Man-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 462-9962 Urban League of Pittsburgh. Inc. building For Ecuai Opportunity One Smithfield Street Pittsburgh, PA 15712-11" (412) 261-1120 FAX-, (412) 251-6207 ARMSTRONG COUNTY Indiana County Community Action Prpgrm 827 Water Street. Eox 187 Indiana. PA 15701 (412) 465-726=5 7 FAX T (412) 465-:118 BEAVER COUNTY Action Housing, Inc. Housing Opportunities of Beaver Number Two Gateway Center County, Inc. 9th Ficor 334 Insurance Street Pittsburgh, PA 15231 Beaver, PA 1009 (412) 391-1966 (412) 728.7511 Consumer Credit Counseling Service Mon-Valley Unemployed Committee of Wester Pennsylvania. Inc. 120 E. 9th Avenue 524 Franklin Avenue Homestead, PA 15120 Franklin Center (412) 762.9962 Aliquippa, PA 15001 BEDFORD COUNTY Eedford-Fulton Housing Services Tableland Services. Inc. R.D. 1, Box 1-84 131 North Center Avenue EvererL PA 15537 Somerset. FA 15501 (814) 623-9129 (814) A5.9528 FAX T (814) 1=3 3c'9O Consumer Coedit Counselinc Services We_therization Of`c3 of Western Pennsvivania. Inc. 917 Mifflin Street 500-02 3rd Avenue Huntingdon, PA SBc52 Pcst Office Box 278 Ouncansviile. PA (814) 696-3546 Kevstone Ecanamic Deve!ooment Corocration 1954 Mary Grace Lane .:ohnstown. PA 15501 (81A) 535 556 FAX;: (814) 539-1688 BERKS COUNTY Eudae*- Caunselinc Canter E_anomic Opportunity Cabinet or 247 North Fifth Street Schuylkill County Re=dina, PA 19601 118 Norweigian Street (215j 375-7866 Pattsviile, PA 17901 FAX T (215) 376-5 5515 (717) 622-.995 FAX ;. (717) 622-0429 Consumer Credit Counseling Service of Lehigh Valley 3671 Crescent Court East Whitehall, PA 18052 (610) 821-4011 or 1 (800) 220-2733 (717) and (814) ONLY fax T (215) 821-0137 Sedfard-Fulton Housino_ Services R.D. 1, Box 384 Everett, PA 15537 (814) 623-9129 FAX (814) 623-7187 Blair County Economic Opportunity Council 5433 Industrial Avenue Altoona. PA 16601 (814) 946-3651 FAX :(814)946-5451 Consumer Credit Counselino Service of Western Pennsvvvania. Inc. 500-02 3rd Avenue Post Office box 278 Ouncansviiie, PA (814) 696-3546 Consumer Credit Counseline Service of Northeastern Pennsylvania Human Services Euiidino_ ! 41 Wyoming Avenue Box 168 Scranton, PA 18501 (717) 342-1072 or 1 (800) 922-9537 FAX # (717) 342-8040 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or 1 (800) 922-9537 FAX m (717) 821-1785 La Case Del Puebla 815 W. Baltimore Pike Kennett Square, PA 19348 (215) 444-3731 FAX *(21a)444-3178 BLAIR COUNTY Keystone Economic Development Corporation 1954 Mary Grace Lane Johnstown, PA 15901 (814) 535-6556 FAX m (814) 539-16a8 Weatheraation Office 917 Mifflin Street Huminadon,PA 16652 BRADFORD COUNTY His Maiestv FeilowshiD Church 207 Penn Ave. P.O. Box 104 Athens. PA 16810 (Wed.-Fri.) (717) 888-0024 17 Crofton Street Weilsboro, PA 16901 (717)724-5252 "Z0C=-CiUB=X0F =GA 0.712 ar The Trehab Center of Northeastern Pennsylvania 7 Lake Avenue Box 339 Montrose, PA 18801 (717) 278-3338 or 1 (800) 982-4045 FAX # -717) 278-1889 185 E:mira Street P.O. Sax 218 Troy, PA 16947 (717) 297-2101 German Street P.O- Sox 389 Oushore, PA 18614 (717) 928-9668 Acorn Housing Corporation 846 North Eroad Street Fhiiade!priia. PA 19130 (215) 765-1221 FAX # (215) 765-1427 AM Credit Counseling Institute 144 East Dekaib Pike, Suite 100 King of Prussia. PA 19406 (610) 2254-9922 Sucks Ccunry Housing Grcuo, Inc. 140 East Richardson Avenue Langhorne. PA 19047 (216) 7517310 FAX # (215) 750-d318 Hiscanic Association of Ccntrccprs 8 Enterprises 2921-27 North 5th Street Philadelphia. Pa 19133 (215) 426-8026 FAX # (215) 426-3027 602Y22 Chruch Street P.O. Box 97 Homesdale, FA 18431 (717) 258-4967 103 Warren Street P.O. Box 709 Tunkhanncck, PA 18667 (717) 836-0840 BUCKS COUNTY Consumer Credit Counseling_ Service or Delaware Valley 1211 Chestnut Street. Suite .100 Phiiade!onia. PA 19107 (2 i5j So -666 FAX # (215) 864-2666 Consumer Credit Counseling_ Service of Lehich Valley 3671 Crescenr Court East Whitehall, PA 18062 (610) 821-401', or 1 (800) 220-2733 (717) and (814) ONLY FAX # (215) 821-0137 F:1D0C TrT -FUgL. CT0n=p C,,9i Nor BUTLER COUNTY Action Housing Inc. Number Two Gateway Center 9th Floor Pittsburgh, PA 15272 (412) 391-1956 Consumer Credit Counseling Service of Wester Pennsylvania, Inc. YMCA Building 339 North Washington Street Butler, PA 16001 Bedford-Fulton Housing Services R.D. 1, BOX 384 Everett. PA 15537 (814) 623-9129 FAX m (814) 623-7187 Consumer Credit Counseling Service of Western Pennsylvania. Inc. 500-02 3rd Avenue Post Office Box 278 Dunce nsviile, PA (814) 696-3546 Indiana County Community Action Program 827 Water Street, Box 187 Indiana, PA 15701 (412)465-2657 FAX 1 (412) 465-5118 Housing Opportunities, Inc. 133 Seventh Street McKeesport, PA 15132 (412) 664-1580 FAX T (412) 664-0873 Mon-Valley Unemployed Committee 120 E. 9th Avenue Homestead, PA 15120 (412) 462-9962 CAM13RIA COUNTY Keystone Economic Oeve!oement Corporation 1954 Mary Grace Lane Johnstown, PA 1,5901 (814) 5C5?556 FAX m (814) 539-1688 Tableland Services Inc. 131 North Center Avenue Somerset PA 15501 (814) 445-9628 FAX ,: (814) 443-3690 CAMERON COUNTY Norther IerCommunity Action Corp. 135 W. Fourth Street Emporium, PA 15834 (814) 485-1161 FAX ;(814)486-3370 Consumer Credit Counseling Se, 6i Westem Pennsylvania. Inc. 500-02 3rd Avenue Post Office Box 278 Ouncansville, PA (814) 696-3546 MOC=r-cn ucroncLownenixor CARBON COUNTY Economic Opportunity Cabinet Consumer Credit Counseling Service of Schuylkill County of Lehigh Valley 118 Norweigian Street 3671 Crescent Court Pottsville, PA 17901 East Whitehall, PA 18052 (717) 622-1995 (610) 821-4011 or 1 (800) 220-2733 FAX -1 (717) 622-0429 (717) and (814) ONLY FAX -1 (215) 821-0137 Consumer Credit Counselino Service Commission an Economics Opportunity of Northeastern Pennsylvania of Luzeme County Human Services building 211-213 South Main Street 541 Wyamina Avenue Wilkes-Barre, AP 18701 Eox 168 (717) 825-051Oar 1 (800) 822-0359 Scanton, PA 18501 FAX-1(717) 829-;6666 (717) 342-1072 or 1 (800) 922-9537 Cail before faxing FAX -1 (717) 342-3040 (717) 836090 7unkhanncc!c 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or 1 (800) 922-9557 FAX -1 (717) 821-1785 CENTRE COUNTY Consumer Credit Caunselino Service Lycamina-Clintan Counties of Western Pennsylvania Inc. Commission For Community 500-02 3rd Avenue Action (S cP) Past Office Eox 278 2138 Lincoln Street Duncansviile. PA P.O. Sax 1228 (814) 696-3546 Williamsport, PA 177 03 (r 17) 326-0587 FAX # (717) 322-2197 CHESTER COUNTY Acorn Housing Corporation La Cas Del Pueblo 846 North Eroad Street 815 W. Ealtimore Pike Philadelphia. PA 19130 Kernel Square, PA 19348 (215) 765-1221 (610) 44'3751 FAX -1 (215) 765-1427 FAX (610) 444-3178 AM Credit Counseling Institute Media Fellowship house 144 Esst Dekalb Pike. Suite 100 302 S. Jackson street Ming of Prussia. PA 19406 Media, PA 19063 (6 i0) 354-99Z (610) 565-0846 F:`no==L• MUCFOREG' 65\ = NGT Budget Counseling Center 247 North Fifth Street Reading, PA 19601 (610) 375-78666 FAX : (610) 376.6575 Consumer Credit Counseling Service of Delaware Valley 1211 Chestnut street, Suite 400 Philadelphia, PA 19107 (215) 563-5665 FAX # (215) 864-2666 Hispanic Asscciadan of ContraCars & Enterprises 2921-27 North 5th Street Philadelphia, PA 19133 (215) 426-8025 FAX # (215) 4264027 Consumer Credit Counseiina Se vice of Western Pennsvlvania. Inc. YMCA Euildina 339 North Washinatcn Street Euder, FA 16001 (412) 282-7812 Keystone Economic Development Corporation 1954 Mary C-rce Lane Johnstown, PA 15901 (814) 535-6556 FAX # (814) 539-1688 Indiana County Community Action Proaram 827 Water Street Box 187 Indiana. PA 15701 (412) 465-2657 FAX # (412) 465-5118 Philadelphia Council for Community Advancement 100 North 17th Street Suite 600 Philadelphia, PA 19103 (215) 67-7803 FAX #(215)963-9941 Tabor Community Service, Inc. 439 E. King Street Lancaster, PA 17602 (717) 397-5182 or 1 (800) 788-5062 (Homeowners only) FAX # (717) 399-4127 CLARION COUNTY CLEaRFiELD COUNTY Consumer Credit Counselina Se vice of Western Pennsylvania, Inc. 500-02 3rd Avenue Post Office Box 278 Ouncansviile, PA (814)696-3546 rmaoc=-C veuesane¢o?e.vil= CUNTON COUNTY Lycoming-Clinton Counties Commission For Community Action (STEP) 2138 Uncoln Street P.O. Box 1328 Williamsport. PA 177703 (717) 326-0587 FAX : (<17) 322-2197 COLUMBIA COUNTY Consumer Credit Counse!ino Service Commission an E-znamics Opportunity of Northeastern Pennsylvania of Lu<eme County Human Services Building 211-213 South Main Street 541 Wyoming Avenue Wilkes-8arre, PA 18701 Box 168 (717) 826-0510 or 1 (800) 822-0359 Scranton, PA 18501 FAX-, (717) 822-1665 (717) 342-1072 or 1 (800) 922-9537 Cal before faxina FAX m (717) 342-3040 (717) 455-4994 Haze!tan FAX T (717) ASE-5631 Call before faxing (717) 830=090 Tunkhanncc!: 31 W. Market Street Wickes-Barre, PA 18702 (717) 821-0837 or 1 (800) 927--_537 FAX : (717) 821-1785 CRAWFORD COUNTY Backer T. Washinamn Carver Jann F. Kennedy Center, Inc. 1720 Holland Street 2021 Esst20th Street Elie. PA 16503 Erie. PA 16510 (814) 45?-S744 (814) 8984400 FAX # (814) 453-5744 FAX # (814) 898-1243 Greater Erie Community Acton Shenanao Valley Urban Le=cue. Inc. Committee 601 Indiana Avenue 18 West 9th Street Fsrre!I, PA 16121 Erie, PA 16501 (412) 981-5310 (814) 469-1581 FAX (814) 456-0161 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Unglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Consumer Credit Counseling Service of Western Pennsylvania. Inc. 2000 Unglestown Road Harrisbrug, PA 17102 (717) 541-1757 A.ccm Housing Corporation 846 North Broad Street Philadelphia. PA 19130 (215) 765-1221 FAX m (215) 765-1427 AM Credit Counseling Institute 144 East Dekalb Pike, Suite 100 fling of Prussia. PA 19406 (610) 34-9922 Consumer Credit Counseling_ Service of Delaware Vallev 1211 Chestnut street. Suite 400 Philadelphia. PA 19107 (215)563-5665 FAX # (215) 864266666 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX 9 (717) 243x948 DAUPHIN COUNTY Urban League of Metropolitan Harrisburg 25 N. Front Street Hamsbura, PA 1710. (717) 2345925 FAX m (717) 232-985 OE? AWARE COUNT' La Cas Del Pueblo 815 W. Baltimore Pike Kennett Square. PA .°348 (610)444-3731 FAX # (610) 44a 3178 Media Fellowship house 302 S. Jackson s-.reet Media, PA 19063 (610) 565-0846 Philadelphia Council for Community Advancement 100 North 17th Street Suite 600 Philadelphia, PA 19103 (215) 567-7803 FAX m (215) 96-3-9-04-1 rM0=-cvueucs6nea.0snCMs Cr Hispanic Asacciatlon of Contractors 8 Eiterprises 2921-27 North 5th Street Philadelphia, PA 19133 (215)426-8025 FAX -1(215)426-8027 Northern Tier Community Action Corp. 135 W. Fourth Street Emporium, PA 15834 (814)486-1161 FAX -1 (814) 486-3370 Soaker T. Washington Center 1720 Holland Street Erie, PA 16503 (814) 898-0400 FAX -1(814)453-5749 John F. Kennedy Center, Inc. 2024, Esst 20th Street Erie, PA 16510 (814) 898-0400 FAX -1 (814) 8989-1243 Action Housina Inc. Number 7wa Gateway Center 9th Fiaar Ritsburah, PA 152- (412) 391-1956 Communitv Action Southwest 22 'Nest Hiah Street Wavnesbura, PA 15370 (Ali) 852-2893 EIJC COUNTY Jahn F. Kennedy Center, Inc. 2021 Esst20th Street Erie. PA 16510 (814) 698-0400 FAX-, (814) 898-12x3 ERIE COUNTY Greater Erie Community Action 18 West 9th Street Erie. PA 16501 (81 a) AS9=581 FAX -1 (814) ASS-0161 FAYE: t E COUNTY Committee Favette Ccunty Communitv Action Aaencf, Inc. 137 North Beeson Avenue Uniontown. PA 15401 (412) 437-0050 E-t 38 or 1 (800) d27-,NFO FAX -1 (412) 437-4418 Tab!e!and Services Inc. 131 North Canter Avenue Somerset. PA 15501 (814) A45-3628 FAX -1 (61A) 943-3690 F^DOCVT.C1ptl9LLC1FdpEGOSIACDINRr 10 Consumer Credit Counseling Service of Western Pennsylvania, Inc. 1 North Gate Square 2 Garden Center Drive Greensburg, PA 16601 Warren-Forrest Counties Economic Opportunity Council 204 Liberty Street Post Office Box 547 Warren, PA 16365 (814) 726-2400 FAX : (814) 723-0510 Financial Services Unlimited 117 West 3rd street Waynesboro, PA 17268 (7177) 762-3285 YWCA of Carlisle 301 G Street Carlisle. AP 17013 (717) 243-3818 FAX T (717) 245-3948 Bedford-Futon Housing Services R.D. 1, Sax 384 Everett: PA 15=37 (814) 623-9129 FAX (814) 623-7187 Financial Services Unlimited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Action Housing, Inc. Number Two Gateway Center 9th Fcor Pittsburgh, PA 157" Mon-Valley Unemployed Committee 120 E 9th Avenue Homestead, PA 15120 (412) 462-9962 FOREST COUNTY FRANKLIN COUNTY Consumer Credit Counse!!nc service of Westem Pennsyivania, Inc. 912 South George Street York, PA 17403 Americen Red Cross - Hanover Chacter 529 Ca, iisle Street Hanover. PA 17321 (717)637-376'0 FAX m (717) 637-3294 FULTON COUNTY Consumer Credit Ccunse!inc Service of Western Pennsvivania. Inc. 912 South George Street York, PA 17403 GREENE COUNTY Community Action Southwestern 22 West High Street Waynesburg, PA 15370 (412) 852-2893 FAX 2(412)627-7712 r:no¢u-rrnmucsanE¢osucyi,r6r 11 Man-Valley Unemployed Committee Consumer Credit Counseling Service 120 E. 4th Avenue of Western Pennsylvania, Inc. Homestead, PA 15120 1 North Cate Square (412) 462-9962 2 Garden Center Drive Greensburg, PA 15601 HUNTINGDON COUNTY Bedford-Fulton Housing Services Weatherization Office R.D. 1, Box 364 917 Mifflin Street Everett, PA 15x37 Huntingdon, PA 16662 (814) 623-?129 (814) 643-2243 FAX : (814) 623-7187 Consumer Credit Counselina Service Indiana County Community Action of Western Pennsylvania, Inc. Proaram 500-02 3rd Avenue 827 Water Street. Eax 187 Post Office Eax 278 Indiana PA 15701 Duncansviile, PA (412) 465-2657 (814) 696-3546 FAX m (412) 465-5118 Consumer Credit Counseling Service Keystone Eccnomic Development of West em Pennsylvania. Inc. Corporation 1 North Cate Souare 1954 Mary Gmca Lane 2 Garden Canter Drive JohnstaNn, PA 15501 Greensburg, PA 1-65011 (814) 535-6555 FAX m (814) 539-160'8 JEFFcRSON COUNTY Jahn F. Kennedy Canter, Inc. Indiana Counrv Community Acdon 2021 Esst20th Street Prcaram Erie. PA 16510 827 Water Street. Eox 187 (814) 898-0400 Indiana. PA 15701 FAX -1 (814) 898-1243 (412) 465-2657 FAX m (412) 465-5118 Consumer Credit Caunse!ina Service Pr Western Pennsylvania. Inc. YMCA Buiidina 339 North Washington Street Eutler, PA 16001 (412) 282-7812 VMOCSlTT{,pgguCXCMCLOS CTINOT 12 JUANITA COUNTY Consumer Credit Counseling Service Weatherization Office of Westem Pennsylvania, Inc. 917 Mifflin Street 500-02 3rd Avenue Huntingdon, PA 16a52 Post Office Box 278 (814 643-2343 Duncansville, PA (814) 696-3545 LACKAWANNA COUNTY Consumer Credit Counseling Service Consumer Credit Counseling Service of Northeastern Pennsylvania, Inc. of Northeastern Pennsylvania, Inc. Human Services Building 31 W. Market Street 541 Wyoming Avenue Wilkes-Sarre, PA 18702 Box 168 (717) 821-0837 or (800) 922-9537 Saanton, PA 18501 FAX (717) 821-1785 (7177) 342-1072 or (800) 922-9537 FAX (717) 342-9040 LANCASTER COUNTY La Casa Del Pueblo Consumer Credit Caunselino Service 815W. Baltimore Pike of Western Pennsvivania. Inc. Kennert Square. PA 19348 912 South Gearae Street (215) 444-3731 York, PA 17403 FAX(215)444-3178 Consumer Credit Counseling Service Tabor Community Services. Inc. of Lehigh Valley 439 E. Kinc Street 3671 Crescent Court _ Lancaster, PA 17602 East Whitehall, PA 18052 (717) 397-5182 or (600) 788-5062 (Homeowners only) FAX (717) 399-4127 LAWRENCE COUNTY Consumer Credit Counseling Service Shenaao Valley Urban League. Inc. Of Wes' am Pennsylvania. Inc, 601 Indiana Avenue 1st Federal Plaza. Suite 406 Farrell. PA 161121 North MiII Street (412) 981-5310 New Caste, PA 16101 r?aoass;.cvveucsgneensucs?rar )? LEBANON COUNTY Economic Opportunity Cabinet Tabor Community Services, Inc. of Schuylkiil County 439 E fling Street 118 Norweigian Street Lancaster, PA 17602 Pottsville, PA 17901 (717) 397-5182 or (800) 788-55062 (717) 622-1996 (Homeowners only) FAX (717) 622-0429 FAX (717) 399-4127 LEHIGH COUNTY Consumer Credit Counsefina_ Service Economic Opportunity Cabinet of of Lehich Valley Schuylkill County 3671 Crescent Court Esst 118 Norweigien Street Whitehall, PA 1805 Pottsville. PA 17901 (215) 821-4011 or (800) 720-2733 (717) 622-1995 (717) and (814) ONLY FAX (717) 672-0d29 FAX (215) 821-0137 LUZERNE COUNTY Commission an Economics Opportunity Consumer Credit Caunseiina Service Of Lu<eme Counrv of normesstern Pennsylvania 211 _1' South Main sueet Hunan Resources Euiidina Wickes-Barre. PA 18701 541 Wyoming Avenue (717) 826-0510 or (800) 822-035? Eox 16B FAX (717) 829-1665 Sc smon, PA 18501 (cail before faxing) Scranton, PA 16501 (717) 455-49_94 Hazeftgn (717) 242-1072 or (800) 9%?-2537 FAX (717) 45E-5631 FAX (717) 242 8040 (call before faxing) (717) 836-4090 Tunkhanncc:< 21 AN. Marker Street Wilkes-bane. PA. 18702 (717) 621-0837 or (800) 9 =537 FAX (717) 821-1785 Economic Opportunity Cabinet of Schuylkill County 1 18 Nprweiaian Street Pottsville. P.417901 (717) 622-1995 FAX 9717) 622-0d29 Vnocwr.C g UCTC9 CLCMC91N9r 14 LYCOMING COUNTY Consumer Credit Counseling Service Lycoming-Clinton Counties of Northeastern Pennsylvania Commission for Community Action Human Services Building (STEP) 541 Wyoming Avenue 2138 Uncoin Street Box 168 P.O. Box 1328 Scranton, PA 18501 Williamsport, PA 177703 (717) 342-1072 or (800) 922-9537 (7177) 326-0587 FAX (717) 342-8040 FAX (717) 322-2197 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 922-9537 FAX (717) 821-1785 MCKEAN COUNTY John F. Kennedy Center, Inc. Narthem Tier Community Ac:icn Carp. 2021 Esst 20th Street 135 W. Fourth Street Erie, PA 16510 Emporium, PA 16834 (814) 898-0400 (814) 486-1161 FAX (814) 898-1243 FAX (814) 486-3370 MONTGOMERY COUNTY Acom Housing Corporation Eudoet Caunsei!na Center 846 North Broad Street 247 North Firth Street Philadelphia, PA 19130 Re=ading, PA 19801 (215) 765-1221 (215) 375-7866- FAX (215) 765-1427 FAX (215) 376.6675 AM Credit Counseling Institute Cammunitv Action 144 Esst Deka!b Pike, Suite 100 Deve!ooment Ccmmissian King of Prussia, PA 19406 113 Esst Main Street (610) 354-9922 Norristown, PA 19401 (215) 277-6263 FAX (215) 277t-2123 Consumer Credit Counse!ino_ Service of Delaware County 1211 Chestnut Street Suite 400 Media Fe!lowshio House Philadelphia. PA 19107 202 S. Jackson Street (215) 5663-Seas Media. PA 19063 Fax (215) 864-2666 (215) yes-0846 La Casa De! Pueblo Philadelphia Counse! for 815 W. Baltimore Pike Community Advancement Kennett Square, PA 19348 100 North 17th Street Suite 600 (215) 444-3731 Philade!phia, PA 19103 FAX (215) 444-3178 (215) Sal=803 FAX (215) 983.0041 rroacur-Ci ML1c79rtra.03UC"fBar 15 MONTOUR COUNTY Consumer Credit Counseling Service of Northeastern Pennsylvania Human Services Building 541 Wyoming Avenue Box 168 Scranton, PA 18501 (717):342-1072 or (800) 922-9537 FAX (717) 3423040 Consumer Credit Counseling Service of Northeastern Pennsylvania Human Services Building 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 922-9537 FAX (717) 821-1785 NORTHAMPTON COUNTY Consumer Credit Counselino_ Service of Lehigh Vailev 3671 Crescent Court E2st Whitehail. PA 18052 (215) 821-1011 or (800) 220-2733 (717) and (814) ONLY FAX (215) 821-0137 Consumer Credit Counseling Service of Northe_stem Pennsvivania Human Services Suiidina_ 541 Wvomina_ Avenue Box 168 Scranton, PA 18501 (717) 342-1082 or (800) 922-9537 FAX (717) Z42-3040 NORTHUMBERLAND COUNTY Consumer Credit Counsaiina Service of Northeastern Fennsvivania Human Services Euildina_ 31 W. Market Street Wilkes-Barre. FA 18702 (717) 821-0837 or (800) C22-0527 FAX (717) 821-1785 Eccncmic Ooparrunity Cabinet ai Scnuvlkiil Caunrv 118 Norwegian street Pottsville. PA 17901 (717) 622-1095 FAX (717) 82=-0429 rlmetirrrrueuasoneCLO. 9iNCr 16 PERRY COUNTY Consumer Credit Counseling Service Weatherizatlon Office of Western Pennsylvania Inc. 917 Mifflin Street 2000 Unglestown Road Huntingdon, PA 16652 Harrisburg, PA 17102 (814) 643-2343 (717) 541-1757 YMCA of Cariisle Financial Services Unlimited 301 G. Street 117 West 3rd Street Carlisle, PA 17013 Waynesboro, PA 17268 (717)243-3818 (717) 762-3285 FAX (717) 243-3948 Urban League of Metropolitan Harrisburg 25 n. Front Street Harrisburg, PA 17101 (717) 234-5-325 FAX (717) 232-4985 PHILADELPHIA COUNTY Acorn Housing Corporation Housina Assac!ation of Delaware Valley 846 north Hraad Street 1314 Chestnut Street. Room 900 Philadelphia. PA 19130 Philadelphia. PA 19107 (215) 76 1221 (215) 545.6010 FAX (215) 765-1427 FAX (215) 790-9132 AM Credit Caunse!fna Institute 658 North Warts Street 144 Esst Dekafb Pike. Suite 100 Phiiade!ohia. PA 19123 I(Ina of Prussia, PA i 9406 (215)9- 6) (610) 354-?922 FAX (215) 765-7614 Centro Pedro Claver Media Fe!lowshio House 3565 North 7th Street 302 S. Jack=on Street Philadelphia. PA 19140 Media. PA 19063 (215) 227- i 111 (610) 565-0846 FAX (215) 227-7117 Philadelphia Council for Consumer Credit Counseiina Service Community Advancement of Delaware Valley 100 North 17th Street. Suite 600 1211 Chestnut Street. Suite 400 Phifade!ohia, P.4 19103 Philadelphia. PA 19107 (215-)5 67-7803 (215) 56s-5665 FAX (215) 9624-041 FAX (215) 864-26666 Urban Leaaue of Phiiadeiohia Hispanic Association of Contractors 251-3 South 24th Street & Enterprises Philade!ohia. PA 19103-5E29 2921-27 North 5th Street (215) 731-4100 Philadelphia. PA 19133 FAX (215) 731-4112 (215)426-8025 FAX (215) 426-8027 ?=CW ST-C7usuar6NEC0A C.V1.Nar 17 PIKE COUNTY Consumer Credit Counseling Service Consumer Credit Counseling Service of Northeastern Pennsylvania of Northeastern Pennsylvania Human Services Budding 31 W. Market Street 541 Wyoming Avenue Wilkes-Barre, PA 18702 Box 168 (717) 821-0837 or (800) 922-9537 Scranton, PA 18501 FAX (717) 821-1785 (717)342-1072 or(800)922-°537 FAX (717) 342-8040 POT7E? COUNTY Northern Tier Community Action Corp. 135 W. Fourth Street Emporium, PA 15834 (814) 486-1161 FAX (814) 486-3270 SCHUYLKILL COUNTY Eudaet Counselina Canter Economic Conarrunity Cabiner 247 Ncr[h Firth Street or Schuvikiil County Reading PA 1°601 118 Norwegian Street (215) 375-7866 Portsviile. PA 17901 FAX (215) 376-6575 (717) 1995 FAX 9717) 6224429 Commission an Economic Opportunity of Luzeme County 211 =13 South Main Street Wilkes-Barre, PA 18701 (717) 826-0510 or (800) 822-0359 FAX (717) 829-1665 call before fxina (717) 455_994 Hazeltan FAX (717) 455 563 , call before faxing (717) 835=090 Tunkhannock SNYOE.4 COUNTY Consumer Credit Counseling Service of Westem Pennsylvania, Inc. 2000 Llnaiestawn Road Harrisburg, PA 17102 (717) 541-1757 r:?m?rr<+rueuesaeea aMavIJ= 18 SOMERSET COUNTY Bedford-Fultan Housing Services Keystone Economic Development Corp. R.D. 1, Box 384 1954 Mary Grace Lane Everett: PA 15537 Johnstown, PA 15901 (814) 623-9124 (814) 535-655-3 FAX (814) 623-7187 FAX (814) 539-1688 Consumer Credit Counseling Service Tableland Services. Inc. of Western Pennsylvania, Inc. 131 North Center Avenue 1 North Gate Square Somerset. PA 15501 2 Garden Center Drive (814) 445-9628 Greensburg, PA 15-301 FAX (814) 443-3690 SULLIVAN COUNTY Consumer Credit Counseling Service German Street of Northeastern Pennsylvania P.O. Box 389 Human Services Buiidina Oushore, PA 18614 541 Wyoming Avenue (717) 928-9668 Box 168 Scranton, PA 18501 (717) 342-1072 or (800) 9-22-0-537 His Maiesty Fellowship CSurc:n FAX (717) 342s3040 207 Penn Ave., P.O. Box 104 Athens. PA 18810 (Wed.-Fri.) (717) 888-6024 31 W. Market Street Wilkes-Bane, PA 18702 (717) 821-0837 or (800) 922-9637 17 Crafton Street FAX (717) 821-1785 Welisboro, PA 16901 (71 t) 724-5252 The Trehab Center of Northeastern Pennsylvania 602 Y: Church Street 7 Lake Avenue P.O. Box 97 Box 339 Homesdaie, PA 18431 Montrose. PA 18801 (717) 2581987 (717) 278-3338 or (800) 982=045 FAX (717) 278-1889 103 Warren Street P.O. Box 709 185 Emir Street Tunkhannock. PA 18657 P.O. Box 218 (71 7) 836-6840 Troy, PA 16247 (717) 297-2101 F?aoaw-C4'Muc1oOEC=S3 C.91.Nw 19 Consumer Credit Caunseiina Service of Nartheastem Pennsylvania Human Services Building 541 Wyoming Avenue Sax 168 Scranton, PA 18501 (7177) 242-1072 or (800)922-9537 FAX (717) 342-8040 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 92-1-S537 FAX (717) 821-1785 The Trehao Center of Northeastern Pennsylvania 7 Lake Avenue Box 339 Montrose. FA 18801 (71, 7) 275-3338 or (800) 9a2=045 FAX (717) 278-1889 SUSQUE:-IANNA COUNTY 185 Ernh Street P.O. box 218 Troy, PA 16947 German Street P.O. Box 389 Oushore, PA 18614 (717) 928-9688 His Maiesy Feilowshio Church 207 Penn Ave. P.O. Sax 104 Athens, PA 18810 (Wed.-Fr.) (717) 888-6024 17 Caftan Stree*- WelLbaro. PA 16901 (717) 724-525-- 602 Y- Church Street F.O. Box 97 Hamesdale, PA. 16421 (717)826.866"40 103 Warren Street P.O. Box 709 Tunkhannac:t, P,4 18667 r'DOC:wr? ."M iCi PXCLa3V1 . I1 or 20 Consumer Credit Counseling Service of Northeastern Pennsylvania Human Services Building 541 Wyoming Avenue Box 168 Scranton, PA 18501 (717) 342-1072 ar (800)922-9537 FAX (717) 342-8040 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 922-9537 FAX (717) 821-1785 Tne Trehab Center of Northeastern Pennsylvania 7 Lake Avenue Box 339 Montrose. PA 18801 (717) 272-3338 or (800) 982-4045 FAX (717) 278-1889 TIOGA COUNTY 185 Emira Street P.O. box 218 Troy, PA 16947 German Stree*- P.O. Box 389 Oushore, PA 18614 (717) 928-9668 His Majesty Feflowshio Church 207 Penn Ave. P.O. Box 104 Athens, PA 18810 (Wed: Fri.) (717) 888-6024 17 Craftan Street Wellsbaro. PA 16901 (717)724-5252 602% Church Street P.O. Box 97 Homesdale. PA 18431 (717) 836-6840 103 Warren Street P.O. Box 709 Tunkhannock. PA 186=7 Lycominc-C;inton Counties Commission for Community Action (STE=) . 2138 Lncain Street P.O. Box 1328 Williamsport. PA 17703 (717) 322-2197 UNION COUNTY Consumer Credit Caunseiint Service of Western Pennsylvania, Inc. 500-02 3rd Avenue Past Office box 278 Ouncansviile, PA (814) 696-3546 F.'n0ClICp(1CSORE2031AG91NOT 21 VENANGO COUNTY Greater Erie Community Warren-Forrest Counties Economic Action Committee Opportunity Council 18 West 9th Street 1209 Pennsylvania Avenue, West P.O. Box 547 Erie, PA 16501 Warren, PA 16265 (814) 4E9_1581 (814) 726-2400 FAX (814) 456-0161 FAX (814) 722-0510 Greater Erie Community Action Committee 18 Wes: 9th Street Ere, PA 16501 (814) 45?-1581 FAX 9814) 456-0161 WASHINGTON COUNTY Action Housing, Inc, Hcusina Opportunities. Inc. Number Two Gateway Center 122 Seventh Street 91h Fiaor McKeescorr PA 15132 Pittsburgh, PA !52_;) (412)65 4- 1 S90 (412) 391-1956 FAX (412) 654-0873 Ccmmunity Ac---an Southwest Man-Valley Unetnploved Committee 22 Wes: Hiah Street 120 9th Avenue Wavnesttura, PA 15370 Homestead. PA 15120 (412) S°2--2895 (4121462-9962 Consumer Credit Counseling Service or Western Pennsylvania, Inc. 1 North C-ate Square 2.Garden Center Drive Greensburg, PA 15601 r:m¢urramuaroneaasuc??ror 2? Consumer Credit Counseling Service of Northeastem Pennsylvania Human Services Building 541 Wyoming Avenue Box 168 Stanton, PA 18501 (717) 342-1072 or(8o0)922-9537 FAX (717) 342-8040 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 922-9537 FAX (717) 821-1785 The Trehab Center of Northeastern Pennsylvania 7 Lake Avenue Box 339 Montrose. PA 18801 (717) 278-3338 or (800) 982-4045 FAX (717) 2718-1889 WAYNE COUNTY 185 Emit Street P.O. box 218 Troy, PA 16947 (717) 297-2101 German Street P.O. Box 389 Dushore, PA 18614 (717)928-9668 His Majesty Fellowship Church 207 Penn Ave. P.O. Box 104 Athens. PA 18810 (Wed.-Fri.) (717)888-6024 17 Crafton Street Wellsbora, PA 16901 (717) 724-5252 602 Y Church Street P.O. Box 97 Homesdale, PA 18431 (717) 8364i840 103 Warren Street P.O. Box 709 Tunkhannock, PA 18657 (717)836-6840 r:UxlrryvueuwoUe -a (MtAar 23 PPiZE'Iu `iLOW-aff_1:I•yeloPIiI\I Action Housing, Inc. Indiana County Community Number Two Gateway Center Action Program 9th Fgor 827 Water Street, Box 187 Pittsburgh, PA 15222 Indiana, PA 1501 (412) 391-1956 (412) 465-26577 FAX (412) 465-5118 Community Action Southwest 22 West High Street Keystone Economic Development Corp. Waynesburg, PA 15370 1454 Mary Grace Lane (412) 852-2893 Johnstown, PA 16:01 (814) 535-6556 FAX (814) 639-1688 Consumer Credit Counseling Service of Western Pennsylvania, Inc. 1 North Gate Square Man-Vailey Unemployed Committee 2 Carden Center Drive 120 E 9th Avenue Greensburg, PA 1 401 Homestead, PA 15120 (412) 462-9962 Housing Opportunities, Inc. 133 Seventy Street Tableland Services. Inc. Mc.Keesporr. PA 15132 131 North Canter Avenue (412) 664-15-G0 Somerset P.4 IS901 FAX (412) 664-0873 (814) ,45-9628 FAX (814) d43-1.6?O F.^agC:IST?`,Wp(.{ciVMaASVLL?INQT 24 Consumer Credit Counseling Service of Northeastern Pennsylvania Human Services Building 541 Wyoming Avenue Box 168 Scranton, PA 18501 (717) 342-1072 or (800)922-9537 FAX (717) 342-8040 31 W. Market Street Wilkes-Barre, PA 18702 (717) 821-0837 or (800) 922-9537 FAX (7177) 821-1785 The Trehab Center of Northeastern Pennsylvania 7 Lake Avenue Box 339 Montrose. PA 18801 (717) 278-3338 or (800) 982-4045 FAX (7177) 278-1889 Commission an Economics Opportunity of Luzeme Countv - 211-213 South Main Street Wilkes-Barre, PA 18701 (717) 826-0510 or (800) 822-0359 FAX (717) 829-16665 call before faxino (717) 455-4994 Hazeiton FAX (717) 455-55631 =II before faxino (717) 836-4090 Tunkhannock WYOMING COUNTY 185 Emira Street P.O. box 218 Troy, PA 16947 (717) 821-1785 German Street P.O. Box 389 Dushore, PA 18614 (717) 928-9668 His Majesty Fellowship Church 207 Penn Ave. P.O. Box 104 Athens, PA 18610 (Wed.-Fri.) (717) 888-6024 17 Crafton Street Wellsbora, PA 16901 (717) 724-5252 602 Y: Church Street P.O. Box 97 Homesdaie, PA 18431 (717) 836-6840 103 Warren Street P.O. Box 709 Tunkhannock, PA 18657 (717) 836-6840 25 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) M7-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2600 Unglestown Road Harrisburg, PA 17102 Q17) 541-1757 YORK COUi Y Housing Caunal of York 116 North George Street York, PA 17401 Q17) 854-1541 FAX (717) 845-7934 26 MAY-17-1999 1041 CAPLAN 8 LUBER P.08 VERIFICATION 11W1aittBiantiBonfhiFFw:ia elrgy certify that I am an agent for Plaintiff and am authorized to make this verification on its behalf. I verify that the facts and statements set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of Ig Pa C.S. § 4904 relating to unworn falsification to authorities. }x"11 6S P7t1e-c Litig a ?tio I .:nS?pe?iCA "1 Date: F-WMS\171AI34DNETLEAOINa,CMFLAOC TOTAL P.08 J al: r. r NJ ts, ?]ct h V c i U n ?b v SHERIFF'S RETURN - REGULAR CASE NO: 1999-03558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE ET AL VS. BRENIZER CHESTER L KATHY J. CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRENIZER CHESTER L the defendant, at 2028:00 HOURS, on the 14th day of June 1999 at 1819 HEISHMAN GARDENS DRIVE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CHESTER L. BRENIZER a true and attested copy of the COMPLAINT - MORT FORE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So answers: /y Service 3.10 Affidavit .00 Surcharge 8.00 mas Kline, eri X1 PLAN UBER, LLP 06/15 1999 by e n - ,prizz Sworn and subscribed o before me this /J day of 19 9_ A.D. Axel A. Shield, 11, Esquire Attorney I.D. No. 17440 Stephen M. Madik, Esquire Attorney I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Fax: (610) 640-9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, PLAINTIFF, V. CHESTER L. BRENIZER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 99-3558 CIVIL CIVIL ACTION DEFENDANT. MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff, The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-13, and against Defendant, Chester L. Brenizer, for failure to respond to the Complaint in Mortgage Foreclosure within twenty (20) days of service thereof. On July 12, 1999, Plaintiff provided Defendant with 10 days Notice of Default pursuant to Rule 237.1 and in accordance with Pa.Civ.R.P. A copy of said Notice is attached hereto. Please assess damages as prayed for in the Complaint, in the sum of $40,452.27 determined as follows: F OOCS\I313\134 aREWLEADINGUFLT.PAC Principal of Mortgage debt due and unpaid ........................... $35,969.67 Interest due and owing as of August 24, 1999 at 10.25%, $10.24 per diem ........................................ 3,031.30 Late Charges of $16.13 per month assessed on the 16th day payment is past due ............................ 161.30 Corporate Advance ............................................... 100.00 Current NSF Charges ............................................... 30.00 Defen-ed NSF Charges .............................................. 30.00 Attorneys' fees ................................................... 800.00 Title Report ..................................................... 330.00 TOTAL ..................................................... $40.452.27 Plus interest and costs of suit. CAPLAN & LUBER, LLP By: Qj ?CL 0 Axel A. hield, II, Esquire Date: - 5 e7 ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES AND NOW, this ay of k;*I*t b 1999, judgment is hereby entered in favor of Plaintiff, The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B, and against Defendant, Chester L. Brenizer; damages are assessed in the sum of $40,452.27 aforesaid, plus interest and costs of suit. Prot ono" Axel A. Shield, 11, Esquire Attorney I.D. No. 17440 Stephen M. Hladik, Esquire Attorney I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Fax: (610)640.9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. CHESTER L. BRENIZER, DEFENDANT. DOCKET NO. 99-3558 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF LAST KNOWN ADDRESS I, Axel A. Shield, II, Esquire, hereby certify that the last known address of Chester L. Brenizer is, 1819 Heishman Gardens Drive, Carlisle, Pennsylvania 17013, and the last known address of Plaintiff, The Bank of New York as Co-Trustee under the Pooling and Servicing Agreement dated as of July 31, 1998, Series 1998-B, c/o The Money Store, 4111 South Darlington, Suite 800, Tulsa, Oklahoma 74135. CAPLAN & LUBER, LLP By: p f /? Axel A. Shi Id, II, Esquire Date: o I? `1 v, Axel A. Shield, R, Esquire Attorney I.D. No. 17440 Stephen M. Madik, Esquire Attorney I.D. No. 66287 CAPLAN & LUBER,LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Fax: (610) 640-9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, V. CHESTER L. BRENIZER, DEFENDANT. DOCKET NO. 99-3558 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE NOTICE To: Chester L. Brenizer 1819 Heishman Gardens Drive Carlisle, PA 17013 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment by default has been entered against you in the above proceeding. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT Axel A. Shield, II, Esquire CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Axel A. Shield, U. Esquire I.D. No. 17440 Stepben M. Madik, Esquire I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Fax: (610) 640-9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, PLAINTIFF, V. CHESTER L. BRENIZER, DEFENDANT. TO: Chester L. Brenizer 1819 Heishman Gardens Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-3558 CIVIL ACTION MORTGAGE FORECLOSURE Date: July 12, 1999 IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Zl? Axe ield, II, Esquire Axel A. Shield. 11, Esquire I.D. No. 17440 Stephen M. Hladik, Nquire I.D. No. 66287 CAPLAN dt LUBER, LLP 40 Darby Road Paoli, PA 19301 (610)640.1200 Fax: (610) 640.9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, PLAINTIFF, V. CHESTER L. BRENIZER, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-3558 CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATION OF MAILING PURSUANT TO RULE 237.1 I, Axel A. Shield, II, Esquire, attorney for Plaintiff, hereby certify that on the nday of July, 1999, 1 served a true and correct copy of the 237.1 Notice upon the following Defendant via first class mail, postage pre-paid. Chester L. Brenizer 1819 Heishman Gardens Drive Carlisle, PA 17013 C LAN & LUB , LLP O Axel hield, II, Esquire JUL-27-1999 10:00 CAPLAN 8 LUBER 610 640 9865 P.02/02 Axel A.9bield ZEsquim I.D. No. 17440 Sb*bm AoE Mdik EvcjWm 1.D. No. 66287 CAPL.AN & L1BEIt, LLP 40 Darby Rod Paoli, PA 19301 640.9865 THE BANK OF NEW YORK AS CO. TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31,1998, SERIES 1998-B, PLAINTIFF, V. CHESTERL. BRENIZER, ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-3558 CIVIL ACT10N MORTGAGE FORECLOSURE DEFENDANT. STATE OF OKLAHOMA COUNTY OF ?<C0 Mandy O'Brien, being duly awom according to law, deposes and says that she is a Litigation SPeaialist for PWntW that she is authorized to snake this affidavit on behalf of RlainK and that Defendam, Chester L. Brenizcr, is not in the military service of the United States, nor any State or Territory thereof or its allies as deSned in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. Date: Swom to before nw MY COMM&ION EXPIRES JANUARY 26, 2002 TOTAL P.02 Axel A. Shield, 11, Esquire Attorney I.D. No. 17440 Stephen M. Hisdik, Esquire Attorney I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610)640.1200 Fax: (610) 640-9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, PLAINTIFF, V. CHESTER L. BRENI%ER, DEFENDANT. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 99-3558 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE + 1, Axel A. Shield, 11, Esquire, hereby certify that on the-e1 Sda Y of September, 1999, I served a true and correct copy of foregoing Default Judgment by first class mail, postage prepaid, to the following party: Chester L. Brenizer 1819 Heishman Gardens Drive Carlisle, PA 17013 F U=MISI N34 BREWLEADINGWLTYAC d D AeIA hieid, II, Esquire 1 M C? V_ v> (\ k _ u!?y •r N ?7 ? r Y : CJ ? N_- . N UJ GJLu )CL U m cj R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. Term CHESTER L. BRENIZER No. 99-3558 (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter Judgment in favor of Plaintiff and against CHESTER L. BRENIZER by default for want of an Answer. (X) Assess damages as follows: Debt $ 44.135 35 Interest 11/ 1/98 to 8/31/00 Total $ (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default opn?urred and at least ten days prior to the date of the filing of this prae A copy of the notice is attached. R.C.P. 237.1 1 1 nn Attorney fjoryPlaint I.D. #1613112' AND NOW Ut a1?J-p Z/ Judgment is entered in fa or of THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, and against CHESTER L. BRENIZER by default for want of an Answer and damages assessed in the sum of FORTY FOUR THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS AND 35 CENTS ($44,135.35), as per the above certification. Prothonotary :•, ° ??. ? ; -? _ ;;. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING SERVICING AGREEMENT DATED AS JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite Tulsa, OK 74135 Plaintiff VS. : IN THE COURT OF COMMON PLEAS AND : OF OF CUMBERLAND COUNTY 800 CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-3558 CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) ORDER FOR JUDGMENT Please enter Judgment in favor of THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1996 SERIES 1998-B, and against CHESTER L. BRENIZER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the United States of America) from the date of service of the Complaint in the sum of FORTY FOUR THOUSAND ONE HUNDRED THIRTY FIVE D?JrDN/T`CENTS ($44,135.35). I' Attornlef for Plaifitiff I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is c/o The Money Store, 4111 South Darlington, Suite 800, Tulsa, OK 74135 and that the name(s) and last known address(es) of the Defendant (s) is/are CHESTER L. BRENIZE1 X18 ?/iI i an Gardens Drive, Carlisle, PA 17013; ; II BY: Jd,%eph A. Gcbydbeck, Jr. Attornev for Plaintiff ?-? ? - - ?- __ :, ? r.l ,':? ` ?: ?: ?_ _ :J ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal balance $ 35,969.67 Interest from 11/ 1/98 through 8/31/00 Attorney's Fee at 5% of principal balance Late Charges Costs of Suit and Title Search Escrow Balance Deficit 6,850.82 800.00 354.86 $ 43,975.35 160.00 $ ?44,135.35 UULUb?; -MCCAFF RFY & McKEE BY: Jo ph A. ldbeck, Jr. Attorn for Plaintiff AND NOW, this (Y ?? day of ?Pwl?l^ 2000 damages are assessed as above. Pre Prothy J?(e v :.? ??: ;.?: - .., ' :' ; ?_ ;; __ ?,_ - ?, -, _:, :? t---------------------------------------------------------Time OnLine: 0: 0:24+ IOFC-YR-DOCKET NO. (DATE FILED I CHAPTER I TYPE OF CASE IBUSINESS? No I I I 1-99-03409 RJW 1 08/06/99 I 13 1 Voluntary (ASSETS ? Yes IPAID? Yes I i------------------------------------------------------------------------------I INAME AND ADDRESS OF DEBTOR INAME AND ADDRESS OF JOINT DEBTOR I IBRENIZER, CHESTER L I I 11819 HEISHMAN GARDEN I I CARLISLE, PA 17013 I I I--------------------------------------+--- IDEBTOR SSAN OR TAX ID IJOINT DEBTOR SSAN OR TAX ID I 1 192-34-7118 1 I 1--------------------------------------+---------------------------------------I IATTORNEY FOR DEBTOR 717-240-0296 ITRUSTEE ASSIGNED 717-566-6097 1 I JAMES K. JONES 1 CHARLES J. DEHART III 17 IRVINE ROW I P.O. BOX 410 ! CARLISLE, PA 170133019 ( HUMMELSTOWN, PA 17036 t I--------------------------------------+---------------------------------------I 1341 MEETING: 09/23/99 @ 12:00 P.M. 50 ICONF HEARING: N/A I ------------------------------------------------------------------------------I ICLAIMS DEADLINE: 12/22/99 (ORIGINALLY FILED: 08/06/99 IDISMISSED: 06/16/00 1 (COMPLAINTS DATE: Not Set 10RIGINAL CHAPTER: 13 (DATE CLOSED: 06/16/00 1 +---------------------------------------------------------- (A)dversaries, (D)ocket, (O)thers (aka/dba), (M)tgs/hrgs, a(R)chive info (P)rint, (C)laims, Mailing (L) ist, (N)ext case, Pre(V)ious case, (Q)uit 99-03909 BRENIZER, CHESTER L Entry Date No. Entry +----------------------------------------- Time OnLine: 0: 0:39 -------------+ Schedules I [BMM] I meeting 1 108/06/991 1 IVOLUNTARY PETITION under Chapter 13, Matrix, all I I I & Statements, Plan and Summary [EOD 08/09/991 108/30/991 2 ICERTIFICATE of Mailing of Notice of 341 Meeting. I [ I Objections to the plan are due 15 days after I I I held. [EOD 08/30/99] [CA] 109/27/991 3 1341 meeting held. [EOD 09/27/99] [CA] 110/12/991 4 IORDER Confirming Plan [EOD 10/12/99] [BW] 111/12/991 5 1ENTRY OF APPEARANCE of Martin S. Weisberg, I I I & Luber, LLP, on behalf of The Bank of I 1 1 11/12/99] [BW] I I I Esq., of Caplan I New York [EOD 1 I 101/25/001 6 INOTICE to parties of filing of claim by Debtor on behalf of ] I I I THE MONEY STORE in the amount of $40,452.27 [EOD I I I 1 01/25/00] [DS] 102/14/001 7 ISTIPULATION by Parties re: Trustee's Motion to Dismiss [EOD I I 1 1 02/14/00] [BW] +----------------------------------------------- (N)ext 1, pre(V)ious 1, pg(U)p, pg(D)own (T)op, (B)ottom, (Q)uit Time OnLine: 0: 1: 4 99-03409 BRENIZER, CHESTER L Date No. Entry +------------------------------------------------------------------------------+ 102/14/001 7 (APPROVED by the court. [EOD 02/14/001 (BW] 103/16/001 6 1MOTION FOR ORDER TO PAY TRUSTEE WITH CONSENT OF DEBTOR [EOD I I 1 1 03/16/001 [SP] [Disposed] 1 103/16/001 9 (ORDER to pay trustee. Re: Item # 8. [EOD 03/16/00] [SP] 1 105/10/001 10 IMOTION for relief from stay filed by THE BANK OF NEW YORK 1 I I I as co-trustee under the pooling & servs agrmt dated July I I I 1 31, 199 series 1998-B (fee pd. $75.00, rec. #558359-CG) I I I I [EOD 05/10/001 [BW] [ I I ICERTIFICATE OF NON-CONCURRENCE [EOD 05/10/001 [BW] 1 105/10/001 11 (ORDER that answers are due on 05/30/00 by Re: Item # 10. I I I I [EOD 05/10/001 [BW] [Rescheduled] 105/22/001 12 ICERTIFICATE OF DEFAULT Re: Item # 7. (EOD 05/22/001 (BW] I 105/25/001 13 (NOTICE to creditors that answers /objections are due on I I 1 1 06/14/00 by Re: Item # 12. [EOD 05/25/00] [BW] +---------------- --------------------------------------------------------------+ (N)ext 1, pre(V)ious 1, pg(U)p, pg(D)own (T)op, (B)ottom, (Q)uit Time OnLine: 0: 1:19 99-03909 BRENIZER, CHESTER L Date No. Entry --------------------------- -------------------------------- ? --due to non-servie per I Item N 10. [EOD 06/01/001 ( 19 (ORDER that answers are (Reissued 06/01/001 Movant) due on 06/21/00 by I [Sel [This entry cancels the previous due date. to at Re: I ; [ Item A 11. [EOD 06/01/001 [Spl I item # (06/12 49 {- 15 (CERTIFICATE of serviceuRe: Trusteels CerOtificate/oflDefault 6 (ORDER dismissing case [EOD 06/16/001 [Bwl (06/2 of dismissal of case Re: Item N-16-------+ 0/001 17 (NOTICE to creditors [EOD 06/20/001 [Bwl ------ ------------------------------------- (N)ext 1, pre(v)ious 1, pg(U)p, pg(D)own (T) op, (B) ottom, (Q)uit k; VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, CHESTER L. BRENIZER, is about unknown years of age, that Defendant's last known residence is 1819 Heishman Gardens Drive, Carlisle, PA 17013 and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Action of Congress of 1940 and its Amendments. Date: 81023558 - BRENIZER,CHESTER L. e*i Axel A. Shield, H. Esquire I.D. No. 17440 Stephen M. Hladik, Esquire I.D. No. 66287 CAPLAN & LUBER, LLP 40 Darby Road Paoli, PA 19301 (610) 640-1200 Fax: (610) 640-9865 THE BANK OF NEW YORK AS CO- TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY 31, 1998, SERIES 1998-B, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 99-3558 PLAINTIFF, V. CHESTER L. BRENIZER, DEFENDANT. TO: Chester L.Brenizer 1819 Heishman Gardens Drive Carlisle, PA 17013 CIVIL ACTION MORTGAGE FORECLOSURE Date: July 12, 1999 IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Axe field, 6IUIjEsquire Olt) y I I?z 'C ?J ?I PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL ACTION :ACTION OF MORTGAGE COUNTY Plaintiff VS. CHESTER L. BRENIZER (Mortgagor(s) and Record owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant (s) - LAW FORECLOSURE Term No. 99-3558 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $ 44.135 35 Interest from 11/ 1/98 to 8/31/00 at C (Costs to be added) $ Joseph Goldb Jr. Attorn for P1 intiff CD W W H JJ C/) f? p4 0 ?4 Q 04 4-4 0 x 424 Z M m N ?~ co 0 U m w ro 0% ? EE M v oFwrn wa v ov ro ? k? N orn ck?mi ? M N G bo E ? 'Oa m ?a H F m 14 O 7q ?W ? y i i > (a w C7 "r, i ; p rya rol ?4 (D b N ppE; 22 C7r i ' m v b 3 N o 44 4 •,f F v C to z p 0WU>4 y? Ea pN 0 aLn v wH ? 40-,m , M °? 1 m b ,0 r N p? z Q U] 0.i w - rq fk f 6 m Ul ri W M 0 0 0 ^ F Wac i]G,?i F 0 10 Hy?yx,14 H m v ) ? o 4j ~? 7. ~ W 0) xo ?ON U) ?4 w O C? S FD 1 W FU a? U O?U a 0? ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with survey of Carl D. Bert, Registered Surveyor, dated November 4, 1983, as follows: BEGINNING at a point on the North side of Heishman Gardens Drive, Township Road T-716 said point being the dividing line between Lot Nos. 1819 and 1819A on the hereinafter mentioned plan of lots; thence by said dividing line and through the center of a party wall dividing the dwelling house herein conveyed from the dwelling house known as 1819A Heishman Gardens Drive, North 37" 55' 22" East 119.26 feet to a point in line of land now or formerly of William M. Croft; thence by land now or formerly of William M. Croft, North 83" 28' 40" West 57.63 feet to a point at the Northeast corner of Lot No. 1817A on the hereinafter mentioned plan of lots; thence by said Lot No. 1817A South 32" 02' 47" West 107.51 feet to a point on the Northern side of Heishman Gardens Drive; thence by Heishman Gardens Drive South 76" 57' 58" East 42.09 feet to a point, the place of beginning. BEING Lot No. 1819 on the Plan of Lots known as Heishman Gardens as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 19, page 43. HAVING thereon erected a dwelling being the western half of a duplex and being known as 1819 Heishman Gardens Drive. Tax Parcel /# 29-17-1585-235 IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1819 Heishman Gardens Drive, Carlisle, PA 17013 SOLD as the property of CHESTER L. BRENIZER TAX PARCEL 029-17-1585-235 r.? GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) : IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL ACTION :ACTION OF MORTGAGE COUNTY - LAW FORECLOSURE Term No. 99-3558 AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1819 Heishman Gardens Drive, Carlisle, PA 17013 1. Name and address of Owner(s) or Reputed Owner(s) : CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 2. Name and address of Defendant (s) in the judgment: CHESTER L. BRENIZER 1819 Iieishman Gardens Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: THE PACESETTER CORPORATION 4787 Whitepine Road Chesterfield Business Center Richmond, VA 23237 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /1'1% DATED: August 30, 2000 GOLDBEC bCAFFE ? McKEEVER Jr., Esq. BY: Joseph V. Gold be Ftiff Attorney for Pla GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) TO: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-3558 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 Your house at 1819 Heishman Gardens Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriff's Sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $44,135.35 obtained by THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, the back payments, late l charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 4111 South Darlington, Suite 800 County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990 9108 Legal Services Inc. 9 Irvine Row, Carlisle, PA 10013 (917) 243-9900 ; < : ??, ;; ?'?_ ?, \! . _ ?.1 _1 GOLDBECK MCCAFFERTY & MCKEEVER Joseph A. Goldbeck, Jr. Attorney I.D,#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS IN THE COURT OF COMMON PLEAS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OF CUMBERLAND COUNTY JULY, 31 1998 SERIES 1998-B c/o The Money Store CIVIL ACTION - LAW 4111 South Darlington, Suite 800 Tulsa, OK 74135 :ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 99-3558 VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant (s) CERTIFICATION AS TO THE SALE OF REAL PROPERTY I, Joseph A. Goldbeck, Jr., Esquire hereby certify that I am the attorney of record for the Plaintiff in this action, and I further certify that this property is subject to Act 91 of 1983 and the Plaintiff has complied with all the provisions of the Act. Joseph Goldb Jr. Attorn for Pl n iff (.l" (_ ?.? ??? V. - _1 C> GOLDBECK MCCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) Term No. 99-3558 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter. GOLDS 4GGdbecck, & MCKEEVER BY: J s pJr. Attor y ff ?.: lL L•_ co 0 O O GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I,D.416132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-3558 PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate the judgment with reference to the above- captioned matter, insofar as judgment was entered in error due to the filing of a Petition in Bankruptcy on August 6, 1999. BY: Jose'?Sh A. Goldbeck', Jr. Attorney for Plaintiff y ca co CL ?rl C7' I ? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B C/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. Term CHESTER L. BRENIZER No. 99-3558 (Mortgagor (s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant (s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter Judgment in favor of Plaintiff and against CHESTER L. BRENIZER by default for want of an Answer. (X) Assess damages as follows: Debt Interest il/ 1/98 to 8/31/00 $ 44 135.35 Total $ (Assessment of Damages attached) I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten days prior to the date of the filinth' prima cipe. A copy of the notice is attached. R.C.P. 237.1 1 Attornby for Plat ti I.D. ##'16132 V AND NOW Judgment is entered in favor of THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, and against CHESTER L. BRENIZER by default for want of an Answer and damages assessed in the sum of FORTY FOUR THOUSAND ONE HUNDRED THIRTY FIVE DOLLARS AND 35 CENTS ($44,135.35), as per the above certification. Prothonotary >- `tidr. r? - u,? = O _ c> •?- «?.; r? ?-? a U ? ma '' , Clt.: L p y . l.: -r.. : O 11. - `. ` fl • V? ? ?? ? U GOLDBECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE HANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B C/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff Vs. CHESTER L. BRENIZER (Mortgagor(s) Record Owner(s)) (Record Owner(s)) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE and: Term No. 99-3558 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P 3129 2(c)(2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was mad by: (X) Personal Service by the Sheriff's office' (copy of return attached) ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Cer':ified mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respect ul' s m' GOLDBECK FE TY CKEEVER BY: Josep A. Goldb ck, Jr. Attorney for Plaintiff F A E K s? 'E .a ?mg a° H$_ 6 d Q 3 Nn E Z ?? vo EYrc CVO 0130 yy O Y. ^ m d ? ? ul 12 5 ? OO[ Q? fl ??qA CV W A my^? Q ? C N d d ? 9 d = Eain Z Q o u LL .w M ONO •.- 00 •..• .- N P •.., r N r ••?• N •• • N CL W co W I a? II u O N [a ? o 0 CM o N r`vN ?.. In v N kk .- P ?O 9 R I d Y w C Fa U n OKO m KtiC? ° ?Ymn a ?Uy? muW a ? W E > •L Ln 0 M1 C 0 M ILXU D O N U M C w N n --a„' m E -'tea CL 6 x ai ?cr) = OD v U r U F e a N K ? f y~? 7 a y? V u0 IY C4 m m? s '_? ?i vi D ?y cc j l `- I N I (?1 I R I N tD h o7 I p? S 2 w U se °I--I?vI M, I? gill 9 E [Qgpipg fps` 3 •- Imo/ pN N •? r? ¦ 7 CC y? g8 ............._F. .... Iy z T ............, LL a J N O ?l The Bank of New York as Co-Trustec Under In the Court of Common Pleas of The pooling and Servicing Agreement Dated Cumberland County, Pennsylvania As of July 11, 1998 Series 1998-B No. 1999-3558 Civil Richard E. Smith Deputy Sheriff, who being duly sworn according to law says on October 9, 2000 at 12:35 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Chester L. Brenizer by making known unto Mark Brenizer adult in charge at time of service at 1819 Heishman Gardens Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith Deputy Sheriff who being duly sworn according to law, says on October 9, 2000 at 12:35 o'clock P.M. EDST, he posted a copy of Real estate Writ Notice Poster and Description on the property of Chester Brenizer located at 1819 Heishman Garden Drive, Carlisle, Cumberland County, 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 the defendant to wit: Chester L. Brenizer by regular mail to his last known address 1819 Heishman Gardens Drive, Carlisle, PA This letter was mailed under the date of October 10, 2000 and never returned to the Sheriffs Office. / ri?' So Q R. Thomas Kline, Sheriff By Real Estate Deputy GOLD13ECK MCCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS IN THE COURT OF COMMON PLEAS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OF CUMBERLAND COUNTY JULY, 31 1998 SERIES 1998-B c/o The Money Store CIVIL ACTION - LAW 4111 South Darlington, Suite 800 Tulsa, OK 74135 :ACTION OF MORTGAGE FORECLOSURE Plaintiff Term No. 99-3558 VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1819 Heishman Gardens Drive, Carlisle, PA 17013 1. Name and address of Owner (s) or Reputed Owner(s): CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: THE PACESETTER CORPORATION 4787 Whitepine Road Chesterfield Business Center Richmond, VA 23237 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 30, 2000 nrm& GOLDBEC bd%F MCKEEVER BY: Joseph Goldbe , Jr., Esq. Attorney for Pla ntiff >_ cV -j (a ... C? 7 (_' )J -i i.i lJ_ M STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J ss' Robert P Ziegler I -------------------- ------------ _ _ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Bank of New York Tr -----------------------------°^--------------------------------------------------- is the grantee the same having been sold to said grantee on the -- 6th----------------------------------------- day of Dec ---------------------------------------- A. D., 2000--, under and by virtue of a writ -------------- 8th ------- Execution ------------- ----------------issued on the ------------ ------------------------ day of -___-_ Sept ------------- A.D., 2000- out of the Court of Comman Pleas of said County as of Civil 99 ---------------------------------°-------------------- 3558 Bank of New York Tr Number--------------, at the suit of--------------------------------------------------------------- Chester L Brenizer ----------------------------------- against ---------------------------------------------------- is 237 620 duly recorded in Sheriff's Deed Book No -------------- Page ___--_----_-. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this -_-°_^ day of -------- - ?' --------- D•> ------? ----- Q-, ( Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2002 The Bank of Ncw York as Co-Trustee Under In the Court of Common Pleas of The pooling and Servicing Agreement Dated Cumberland County, Pennsylvania As of July 11, 1998 Series 1998-B No. 1999-3558 Civil -vs- Chester L. Brenizer Richard E. Smith Deputy Sheriff, who being duly sworn according to law says on October 9, 2000 at 12:35 o'clock P.M. EDST, he served a true copy of Real Estate Writ Notice Poster and Description in the above entitled action upon the within named defendant to wit: Chester L. Brenizer by making known unto Mark Brenizer adult in charge at time of service at 1819 1lcishman Gardens Drive, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith Deputy Sheriff who being duly sworn according to law, says on October 9, 2000 at 12:35 o'clock P.M. EDST, he posted a copy of Real estate Writ Notice Poster and Description on the property of Chester Brenizer located at 1819 Heishman Garden Drive, Carlisle, Cumberland County, 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 the defendant to wit: Chester L. Brenizer by regular mail to his last known address 1819 Heishman Gardens Drive, Carlisle, PA This letter was mailed under the date of October 10, 2000 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff who being duly sworn according to law, says that after due and legal search had been given according to law, exposed the above described premises at public venue or outcry at Court House, Carlisle, Cumberland County, Pennsylvania and sold the same for the sum of $ 1.00 to Attorney Jill Winkea for The Bank Of New York As Co-Trustee Under The Pooling And Servicing Agreement Dated as of July 31, 1998 Series 1998-B C/O The Money Store. It being the highest bid and best price quoted for the same The Bank of New York et al of 4111 South Darlington Suite 800, Tulsa, Ok being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 781.97 it being costs. Sheriff's Costs: Docketing 30.00 Poundage 15.33 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 3.10 Certified Mail .64 Levy 15.00 Surcharge 20.00 Law Journal 335.15 Patriot News 216.60 Share of Bills 23.15 Distribution of Proceeds 25.00 Sheriffs Deed 26.50 $ 781.97 pd by ally Sworn and Subscribed To Before Me This I/ t` Day ot?-"" 2001, A.D. _ a. Prothonotary -R..Thonlas Kline, Sheriff. .. _.- By?? Real Estate Deputy Fes` 1 6k- 31a'?1 A. /04m GOLDBECK McCAFFERTY & MCKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. CHESTER L. BRENIZER (Mortgagor(s) and Record Owner(s)) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-3558 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant (s) AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1819 Heishman Gardens Drive, Carlisle, PA 17013 1. Name and address of owner (s) or Reputed Owner(s): CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 2. Name and address of Defendant (s) in the judgment: CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: THE PACESETTER CORPORATION 4787 Whitepine Road Chesterfield Business Center Richmond, VA 23237 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. n DATED: August 30, 2000 GOLDBEC I F ! MCKEEVER BY: Joseph V. Goldbe r, Jr., Esq. Attorney for Pla ntiff GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 500 - The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B c/o The Money Store 4111 South Darlington, Suite 800 Tulsa, OK 74135 Plaintiff VS. CHESTER L. BRENIZER (Mortgagor (s) and Record Owner(s)) 1819 Heishman Gardens Drive Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW :ACTION OF MORTGAGE FORECLOSURE Term No. 99-3558 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHESTER L. BRENIZER 1819 Heishman Gardens Drive Carlisle, PA 17013 Your house at 1819 Heishman Gardens Drive, Carlisle, PA 17013 is scheduled to be sold at Sheriff's sale on December 6, 2000, at 10:00 a.m., in Cumberland County, Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA 17013 to enforce the court judgment of $44,135.35 obtained by THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-3 against you. To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay to THE BANK OF NEW YORK AS CO-TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF JULY, 31 1998 SERIES 1998-B, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 4111 South Darlington, Suite 800 County at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE :. AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA (800) 990-9100 Legal Services Inc, 8 Irvine Row, Carlisle, PA 17017 (717) 241-9400 ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance With survey of Carl D. Bert, Registered Surveyor, dated November 4, 1983, as follows: BEGINNING at a point on the North side of Heishman Gardens Drive, Township Road T-716 said point being the dividing line between Lot Nos. 1819 and 1819A on the hereinafter mentioned plan of lots; thence by said dividing line and through the center of a party wall dividing the dwelling house herein conveyed from the dwelling house known as 1819A Heishman Gardens Drive, North 37155' 22" East 119.26 feet to a point in line of land now or formerly of William M. Croft; thence by land now or formerly of William M. Croft, North 83128' 40" West 57.63 feet to a point at the Northeast corner of Lot No. 1817A on the hereinafter mentioned plan of lots; thence by said Lot No. 1817A South 32° 02' 47" West 107.51 feet to a point on the Northern side of Heishman Gardens Drive; thence by Heishman Gardens Drive South 76° 57' 58" East 42.09 feet to a point, the place of beginning. BEING Lot No. 1819 on the Plan of Lots known as Ileishman Gardens as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 19, page 43. HAVING thereon erected a dwelling being the western half of a duplex and being known as 1819 Heishman Gardens Drive. Tax Parcel # 29-17-1585-235 IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1819 Heishman Gardens Drive, Carlisle, PA 17013 SOLD as the property of CHESTER L. BRENIZER TAX PARCEL #29-17-1585-235 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. _99-3558 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due The Bank of New York as Co-Trustee under the Pooling and Servicing Agreanent Dated as of July 11, 1998 Series 1998-8 PLAINTIFF(S) from Chester L. Brenizer, 1819 Heishman Gardens Dr., Carlisle PA 17013. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 1819 Heishman Gardens Dr., Carlisle PA 17013 (See attached legal description. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of L.L. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyof thedefenclant(s) not levied upon an subject to attachment isfound in the possession of anyonecither than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due •$35,969.67 GARNISHEE(S) as follows: $.50 Interest 11/1/98 - 8/31/00 $6,850.82 Due Frothy Ally's Comm 5 % $800.00 Atty Paid $110.10 Plaintiff Paid Date: September 8, 2000 REQUESTING PARTY: Name Joseph A. Goldbeck Jr., Esq. butte ouu, the nourse tuag Address: 11, S Independence Mall East Philadelphia PA 19106 Attorney for: (215) 627-1322 Telephone: 16132 1.00 Other Costs Late Charges $354.86 Escrow Balance Deficit $160.00 CURTIS R. LONG Prothonotary, Civil Division f/?2 by: IL'tt-L Deputy Supreme Court ID No. REAL ESTATE SALE No 5(o V f I -Jx °)94w) the sneritt levied upon the defendantb interest in the real property Ouated in,14, Cumberland County, Pa km (I ,? and mote n. this writ and Dy this reference gate: numbered as: [jt-jxrad gcJ4-°'A, "d on Exhibit "A" filed with u:orporated herein, p ova B' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 27, NOVEMBER 3, 10, 2000 Afflant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 56 Writ No. 1999-3558 Civil The Bank of New York As Co-Trustee Under The Pooling And Servicing Agreement Dated As Of July 31,1998 Series 1998-B VS. Chester L. Brenizer Atty.: Joseph A. Goldbeck, Jr. ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in North Middleton Township, Cumberland County. Pennsylvania, bounded and described in accordance with sur- vey of Carl D. Bert. Registered Sur- veyor, dated November 4. 1983, as follows: BEGINNING at a point on the North side of Heishman Gardens Drive, Township Road T-716 said point being the dividing line between Lot Nos. 1819 and 1819A on the hereinafter mentioned plan of lots: thence by said dividing line and through the center of a party wall dividing the dwelling house herein conveyed from the dwelling house known as IS 19A Heishman Gardens Drive. North 37° 55' 22" East 119- .26 feet to a point in line of land now or formerly of William M. Croft: thence by land now or formerly of William M. Croft, North 83° 28'40" West 57.63 feet to a point at the Northeast comer of Lot No. 1817A on the hereinafter mentioned plan of lots: thence by said Lot No. I817A South 321 02' 47" West 107.51 feet to a point on the Northem side of Heishman Gardens Drive: thence by Heishman Gardens Drive South 76° 57' 58" Fast 42.09 feet to a point. the place of beginning. BEING Lot No. 1819 on the Plan of Lots known as Hershman Gar- dens as recorded in the Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania In Plan Book 19, page 43. HAVING thereon erected a dwell- ing being the western half of a du- Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of NOVEMBER. 2000 --- NOTARIAL SEAL LOIS E. SNYOER, Netory Pvblk CadiAo Som, Cumberiond County, PA My Commiraon Eapiro+ More, 5, 2001 ? I STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly 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 Cumberland Law Journal on the following dates. Afffant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 56 Writ No. 1999-3558 Civil n - The Bank of New York As Co-Trustee Under The L V V Roger M. Morgenthal, Editor Pooling And Servicing Agreement Dated As of l J 31 1998 SWORN TO AND SUBSCRIBED before thi y u . me s Series 1998-B 10 day of NOVEMBER 2000 VS. Chester L. Brenlur Atty.: Joseph A. Goldbeck. Jr. ALL THAT CERTAIN tract of land, together with the improvements ?9 thereon erected, situate in North NOTARIAL EAL Middleton Township. Cumberland LOIS E. SNYDER, Notary Public County, Pennsylvania, bounded and Cart;+ls 6oro, Cumbedand County, PA described in accordance with sur- mmiulon Eapir- Morch S• 2001 C vey of Carl D. Bert, Registered Sur- a My veyor, dated November 4, 1983, as follows: BEGINNING at a point on the North side of Helshman Gardens Drive, Township Road T-716 said point being the dividing line between Lot Nos. 1819 and 1819A on the hereinafter mentioned plan of lots: ' thence by said dividing line and through the center of a party wall dividing the dwelling house herein conveyed from the dwelling house known as 1819A Helshman Gardens Drive. North 37° 55' 22" East 119- .26 feet to a point In line of land now or formerly of William M. Croft; thence by land now or formerly of Wahern M. Croft, North 83° 29 40" West 57.63 feet to a point at the I I Northeast comer of Lot No. 1817A on the hereinafter mentioned plan of lots: thence by said Lot No. 1817A ! South 32° 02'47" West 107.51 feet to a point on the Northern side of I Helshman Gardens Drive; thence by Helshman Gardens Drive South 76° _ 57' 58" East 42.09 feet to a point, the place of beginning. BEING Lot No. 1819 an the Plan of Lots known as Helshman Gar- dens as recorded in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania in Plan Book 19, page 43. HAVING thereon erected a dwell- . ':. Ing being the western half of a du- plex and being known as 1819 Helshman Gardens Drive. Tax Parcel # 29-17-1585-235 IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1819 Helsh- man Gardens Drive. Carlisle, PA ® 17013 _ i I_ i . .-4.:. f r r t j 'r i t i a x 4 .?J, i ? r . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he Is the Acoums Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Iba 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 Patriol-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 dally and/or Sunday/ Metro editions which appeared on the 31st day of October and the 7th and 14th day(s) of November 2000. 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 Mjscellaneous Book "M", Volume 14, Page 317. C PUBLICATION .................................. ..c......(................................. ................. COPY Sworn to and subscribecPbefore m is 1st day of I)ecem 2000 A.D. S A L E #56 Notarial Seel Terry L. Russell, Notary Public Harrisburg. Dauphin County My Commission Expires June 6. 2D02 NOTARY PUBLIC Member, Pennsylvania Association of Notaries My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 215.10 Probating same Notary Fee(s) $ 1.50 Total $ 216.60 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunk 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 ....................................................................