Loading...
HomeMy WebLinkAbout99-04982x?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, V. JANET B. NOCHO, Defendant, NO.: 1999-04982 ISSUE NO.: TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT FILE ON BEHALF OF: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 VS. JANET B. NOCHO, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. DATE: I F'./q I Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP BY: )W-r Scott/A, Dielterick, Esquire Attorneys for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey. PA 17033 (717) 533-3280 VJ G- N ttl n --,. C i '`j N ' " n? J ( L? F n` r../Y L• (11 ?S.. LLB- ?- i? a J? F' CD LO LL a - 0 1 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, Defendant. TO: DEFENDANT(p) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SE V(t ICE HEREOF OR A DEFAULT JUDGMENT MAYBE &TEAD YOU. ATTOANV FCFMAINTIFF 1 HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS P.O. Box 17292 S.Itimom MD 21203 AND THE DEFENDANT'(S). 34 E. Gust Avenue Carlisl , PA 117W ATTVtN[Y FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT TI IF. LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 34 E. LDA si AynM, Carlisle, PA 17013 CIVIL DIVISION NO.: q q - 91 7wo-z" TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst f/k/a Dauphin Deposit Bank and Trust Company Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ATT0Wj FZ443C- ONTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, fWa DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you 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 or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: <? F. x/91'2 e,?,'/ Te_y- ? vs. JANET B. NOCHO, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst Bank, DWa Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfirst Bank, a Maryland state-chartered commercial bank, authorized to conduct business in the Commonwealth of Pennsylvania, and formerly known as Dauphin Deposit Bank and Trust Company, with a principal business address ofP.O. Box 17292, Baltimore, Maryland 21203. 2. The Defendant, Janet B. Nocho, is an adult individual whose last known address is 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. 3. On or about February 26, 1996, Defendant executed a Note in favor of Plaintiff in the original principal amount of $22,042.61. A true and correct copy of said Note is marked Exhibit "A", attached hereto and nude a part hereof. 4. On or about February 26, 1996, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiffa Mortgage in the original principal amount of $22,042.61 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 19, 1996, in Mortgage Book Volume 1308, Page 233. A true and correct copy of said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about July 12, 1999, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. A true and correct copy of said Notice is marked Exhibit "C, attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $18,191.03 Interest through 8/12/99 $ 915.28 Late Charges $ 129.90 Appraisal and P & J Report $ 260.00 Attorney's Fees $ 900.00 Title Search and Costs $ 2.500.00 TOTAL $22,896.21 plus interest on the principal sum ($18,191.03) from August 12, 1999, at the rate of $4.24 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debtor any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $22,896.21, with interest thereon at the rate of $4.24 per diem from August 12, 1999 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, SM('H, DAN & CONNELLY LLP BY: Scott A. Diett rick, Esquire Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717)533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE AND SECURITY AGREEMENT, wW 2-2&9..96 lumore Carlisle-Eardea _..__.. air Flr llNC[ Amount Finanretl T. Payments AGE CH11fl0E 1M[.waa nedlpwJN ta,wua rw.aM 'to au h MIUIW b/wpw 8.50 pad MaN. rwanwa[ppbaWNy ymwow W vwy eW.a wlpu 8.50 % S 10,852VI.99IM 1 22,042.61 1 32,895.60 IN ran r Iehr..4 W M+MrMnmb Imwnlah mlW wM h h Due I VAL.. saes M _ -iT='-?ct Itlwlle Yet 41 Few. KW A, IO4tWk m W Imap pepulr bml puWML pinif pgna-W=,,d-T Bence 34 fast lacusl Avenue` Aisle. Ixri OOPrelest w?-rev deed search fee valved. Pa 17013 flmi cerT f vai ed b f 30 OOfE) nI.W1d. morEEeue flllne fee pd 4{mpdmfwmm WryI Yd.r MwuaW {elan W ImIW W Mlk{ Wnw ae¢ipnJ W W 4b NW: hl WYmeal b 44 W NM tarp) b%M W Wmml m u e[ueJ IlElq. heMYMaI:IIYw MI MI entry, pualmlau b Wr a paAl Sx twl We r. SxwAY IyxwMkl ?o/ WdiMnJ iNpmlivn haul nan Wllanl. Mnop Iv/ xNUirN rep,/Mnl in I,IY TOU PNOMISE ® Dauphin Deposit Bank TOYAYTOVE. OrdYUSICOTIpOPY 2I3Marbel Slla%I,Hard$burp PA17109 arln uwaJaJl uY Naur aabl, la Amaum Yutwal, plan inleml u prorWeJ Mlaw, in IM numXer orquJ muol4h i[]a[nn4omlolM Pgnrtm Sab.IJk.Y[ymemrm JwhµininaaalMJauinJi.ulW vane Pyianls[AWuI...do IIa wills d Yal bresolve. momh.milwwp.,tfull . Yaumry WY In WnWJIur 11.1 all. barns Jwau..this rye Inv Pra,wum. JULLANA15'N]: A,At far IN p.pt parrots m ua mwwyeu IIUWINIEW£ETISCEIARG'£x: I be Finance Chnpmmi."N."a se em untM As '[1r-0wmuimimer Vpul aIn.' promWl 1. Ill Ndt YoueW.11 he No", Lim Impend body A. the Amombl M bekW Of the Amoum ANNUM W IN Annual IllrumrllYlgm,tls[a lo4awin.WmomlprvynY.rna lneVUipmeW UJ It Mmu.TM Fimnslarp•LOnuWr+wu RµnJbYmnninpbmll tmrwrw. ymmA p[Ym [m e¢veal.ntairJWJnu.IftnYPOmeot4kle.YUUn.....Yrrrvre Flnu w mhA Obn a u o mm t nimpuuv ree Nc m a Ina l mmom .... akas x tneim iis nradomm nrlmrce . T4. R{rp nr. wiu linuueCWx will aJwwilhlM WI pYmeot, whyM1 will a wW JwJ to wlku IX[wtwl.mawl W.aw. 1. SfiT-fhFP. TO No on. to ei{M of b N Your pwpnY ef our rrtrdf S. im 1 6 e c aANN limmor MONS Y my thin. i n . . W t, iyamel,a Am co -1 u , ..... .. . r O ll uruW wr, is ry mr m uwda ma pWy env or veer wa m all ut i p ,iml poJlr¢aunuAOtamw YOUewon l e. No... 'NUp.m, wl1N'uvnduur.-NJW 'I'M pnwul [ 11111 "C uga £LOOUNEU1ANC':IIIXb NUUhwurN by iwprvreJrulnnrxeu mubil< Naprrypnykla litu A aXklwrlW intROW ram,OUOJimwrmbrryuir<JlonMlullwrmrrf fU • hlunpp .ngaalGC ?fOg[JEII;ygL AVROIIe e, ban . R 701 1 Cad P1inL Penn 1 ROPEOP(RTI P COIInnA m itmur is Nine All the propany ub u[wuIE4Na[ka C . 'Ow ri{ rna ...In army' m As dUi pmwnioglm ...un . ytlnn"4r.of puJ a[mrpmlM CulN au lu «yuirtd fonts O U,I JIf LIA ary ION N p C 1 LmuempAYearain{ 1 4Wi IXi+ utY pu Ynu lulllnm unEb Nm[. A.m. ollnW a. an IN ue dims In my re . w W mawardide. 'U ", a...Ad o rr mc Amu n, .wp11Y CuILteW rrt annuls[. insist Nonpp. M Yowap W, Iuu is l p11bpINSURANCE AN01•ROYERTYINSUNANC'E MAY UEOW! AINEn p„n uWlub ritbw WJlniepna Lily Jaum[munJim+linpnYathn LII0.0V011 ANY AOk'Hl', BROKEN 00. OTIIE0. PERSON OF YOUR map mk-J... ympam, m+imrio pRwroo af, rvJ Whlyour CIIOICH. EyJmunow le Swliue]t Of the Sense, Anu [m on IN rtrnw m.Jty lmemJ. IN COIWuLL NMI AVIVA/ATIC PA FANNIE ® IfdA,AmL auwWNlwullmuol4lY pYUUnw JuginGUJin{ hire pYmrm{W ularWi AN Wremon the Note bu4u{W ruled prW Ian Your A¢oum No. 570OM9717 , YOU mthmw Am 10 iMIY PAY both monthly VMYUU{t Oka due from that Awoum a p rmml 419 1 96 AM madam made Ift. a amid .shit pot. an w ft Pont in full, X1.1111 INMMANC46 NOT it[ QINN1i1I: Snbjca m wwplna+4Y ttu imunn unnJ AWw, oola Ivmuna iuuibbkrMuurb u• funhtrnn ultbi• Not N .I., "O iolk Cr W u Lfe mnl han"O W n AnWcnt L IIwItb Imwmaz wl mwikbk '.my.. Rmmoer m C. Sr.mr dpnm{ Ian Immme abw.luin. 1=1 1 l1 WuaenJlubklomYrru NYUU+ipiylm+WbimmW aWw. N ueMnimuntuemNlapmriJeJuuk[nluppmpunnumNA11.1 ••i{mJeYUn rMAQloan WOOL uJ IMcents) A m atuw we iwlWeJ in IN Amount Financed ($m IM NOTICE OF PROMISED IA Erd r INSUNAN['Gun tlu¢nu[+NCI EI.i{niep rum mud Smd; ONi, Life lwuntw, RYai{d[FYUUwrnl Eirr.k C¢JirA¢ulmll NNtE bymi{nin4 YUU bod.m0m.dCadn I d, lmumn[e, wF4A cmM1 ImunW, wlti[E [anus mhkEmmf WNU¢ mw.Fnl E Pwu¢o prwuluawmNfor Sin{k ONir Wt E{nwurt pram loa NImafw Sio{k C¢Jil Mgt [ I -Yen IwmuW s AaM[orR ImumW Vnt. 7 Walit'.1p0__Yem WFU4Nmrp1 _ Yem ainwwJ o t G el 4o l lu iW W W wwm. wUW+ - wrl E4mm (SEAL) Witwu 6$rmwYl Silnrwrt (EEAL) W4mu war-w.. BunarrrY EiEUtwt e_._._... _.__ (SEAL) (SEAL) NOTICE TO CO-SICNF:R Yau ax being es4ed la %uxenhe thin debt. k .,,fall, before pm do. 11 the b dIruxcr dorsal pry Ill, debt, luu Off have In. pewee....... Rural to l If tau here to. and bat You .emit Ian a..epl thin mpanaibllily. Yaumryh...1. P., up la the lull..twattest the debt it the purnne, duesnul pay. You mtq IS. have to,., at. fmM,v adle[Ii.nl .all, bhiddnere{ae thh.... net. The Creditor can eolle[t lhhdebt from)).. xithoulMUglnppto C.11,11 from the ho int.m. The Credit.. nn sae the ulnleeullmllon andhufinip t I.L. that nn be WedgalmOhe Eurfaxe.. Maeh as subq you, etc. It this debt is ever W default, the (ad may becomea pan effYour credit record. CrISIGNE'RSSUNETYAGATIALNT You.lbr perm(.I mU.NlIiptina Glow uTe EgAm. Numet lm pry ra w. ur moat older, IM Annual Mmn.J,plm On"ImOncroban"Ney"aup soma Nm., Ywmend Io be Read, Lou. star 1411111 Al Nolc, u...... r¢t Io.nnn,uWtIhr Nunu.er Yuun[ mulWpbupumiu ro sale w 1o mdnM lu.nw,ln Nwmw.,,.rem4uutL 14aprweOmNl GuW oolY fanhe NurmnM1 arum. You rym 1ho we mry tam mwNtm W)wm bum You Maiwl m.linLmy prat J[vuW cur Nlaum an 1M aurrvv. You.4u w\numkJp reznina m weipklW weal u(Ihi, Nutt, SW.-_, CvEi.mrl5gnnure ISEAI) Wtlneu Co.k,_,,.wmrt (SEAL) d IN uun.u ul t W IN mum W waom R.I. LOU Ut W ueplN to prYU.lhml rum. Wilum fulLiuM1 Si.wtrt< - -ISFALI IM'nII AI11111IIINA I.1 EIIM{ "EPA Oll; I M(.1hAA.., mOc. Ikln III Yourolm--'A--YlnY^nMlnnan^r khne I., do I. rAmAoAy ip rtlll In leaned nor m. ark mrrs, I. lnndenlp9nrt^x mrvr. T f , ; IN , , Ili. You do orWn<wIs I .onor si6n11nn as qyrime: II W You m .ca ma l um en HMd.wd lorduulFU Ve'mmbuairwa d... I., as ill her pent.'. nn IM bull--dry lMlonbpk AAANOAW data. TWIN •miachl Hbn WII be <Ifmla[ , .1 h : o p p (le ) e^ prePITY You e nwp 11 - e any M of Your -mina e< M Nur V mS rtur. A F sessment M until w mtlve will. Bake.1,Occmli..., ORn Inrb,,m<^h6e rnmin from you We may twmlo•I n6k • Irca Vument rill, 'MAY d<T wmm The m 1 ..'eeneno s ^nVV,o he• mY^IFn . 6a,, n asub ni16 on, m inn y uV . .... ism in bar RominW Wn• , , vbkli^n PI You nnmp-19 --1 nall dap- mkt dw ; bass. MULTI LEPA O.A m A MUL!?LEPA RYI :UIMnle AWRmonortronl bit Role. or *III on ' .451 1 r1M C-11 111.1L <oltlwmda^.it.. tall, prcn m delivnW,in n6ele or in me .... alf l o! Yam obligate. . a bell lrtllb pmm.y. Earth Hill l k.lank, up•r•I<IY ane ra lk for .11 l l put". to III. he ll mJ•pa1Y m Ik.1-1.YManmom m Mnrl 1?V' pmm n V w nlhia N., IAAJ PlA inD m kUm land" IN BUlrv CWrhY Hr .1 all ... Yn^: IvAIY[RS it- derbrukun Wbala-e Mlk NnluMnr ml rmrrnlln k to list An udlava - enter. nf,.ure. 1•irul You:^r O n AnNial[ly dueIQPayable. You vrn your store onVYneono d^atnun 1 (I) AnY IYeur Prryrtn yiull-klanub .to be., Leather. rher. lkrtIM1ls. are DEFAALTAND REQUIRED PA YAIE'NIIN FULL; it wy lk6u6-tun, me (i)to dem•n'fpalmate al•mams, be (loosen a, •p,wn,mal'l. mR,ir-Oa o: meet..... ?MmpwhY If IFU Net. I his aam•r may drrbrt .ill to Sly rolke.M int^um, d. base A. been paid Uman as -An,., of Ilrtennnremaininpunvld h•lum.lIk Amount Five, mmJimnnnn dhhomrY. easy IrtimmednlelYJU[•nd WY,hiss..enr, If this Na. it H<ured by. M.O,.R^^ iA i Ili)...blf. an l.1 uniratom of n^npwmm.1I... u' A,,oj er rnt rLarPrnp[ny CnN.nJ,ilmluiinl be I....c..If"'In. rnnuinnlY . .sky risl d inm Try nl MurriFF... sure the Octal, W M On I NO NOOCEORLO.SS OF RICIIR: We ran do.., .1 0. bdio,am oimo,e huhm; ' Il[ .r.inn 1 'nu I., Heal mreoin len.lm<Mri in^ ur I<IlinEyw nrlwlop.nYri6MVpinn YOU as Ik L'ollnntl '. ."Accm Fe milks. It one TO, In Talent nmunJlnl.m^um n ^! (I)AOYIA Fab ^r mMrord,, mulWMid I. f.h-m n..Mim.Hr laxpnCw• Ici ed me ^u Ins of 13% or the . aunl ties es (For sW p arse WYmen. u M.r ae: -te mq klimLetl.an, I, butheJ dnrlnVnY any <priW ummrs pmvWW FY by is eu lnry.9 .s o I, I dOi.iantl.ime lmpmtm or.., .mrmnl ^ninp uMn.M1ia Nnu; lose ..AP' W.illnnrlnun•rW YOUyrH.ert.•Yt^n.imv.InimPrrvlnlnmr J-lYnn.11 d s ,)" n Ilr eanti..p w As or 10...amein.,.ts,...... anol, leramo, Ilnmr" see in as al the late MurWW in this Nn.. until no rtaeln Pat nun. in full aee if A. Fate ANoned IWvers, .i", nu (ol add moleme say R- a PA.MA, ohli6•.ed i he Nor. or (1) fail in "1111.. or mlmn r i i " . Y L(TEL'IIARGE; Feel, Payment is net -Ads i.hin lO Jar of i-du[Jnq Am .,It 611...'e. rynm . .bk ea n--D n any of lk ColH1-1 RISE OFLO.SS: Yw will remain WUnd .M1p N^.eeren llMfplk-..I1, lot N P . p..orm,"Nr6[05fli Use--One--1'k.I. MY^omarme. amdSIf.M. , Hrrkn.d...Sell or deemy[e. RETURNED ITEM OIARGE;hay, pay-,,, tar any sm^unuwWner lFis md" i RENERT AND R/RDEN: All Ik kneO-of.hisNOr,bell (arose- Nmau.m.ura.eu.iu haFnYUI,a,,.A wee m 1Y. S 100](onu h un[-..I.. lna.1M Oblgniunub.1. him YOU, am Y.A, F[in, ry-onO m.TMa aFaVia in WdilianmmY hul•Ymem tlnrV YOU mpor.,. repnunn.inuW .-i6m. PAI'AIENTOFF[RC TOPUELILDFRL'IALP: Yarn area repay -Y.W•film, InrlkpRtnin^ rnmM l m NOTICES: tiniest mkrwiurmuiad by law. ewh d[m1^O m Hake umbr .I., " , eta _ a w^Iawnn.( our rnnriry....rtu i^[nkr p.mnO as nel"wren'. It' "'It' k.kliruW-1 um by"Is"rmail. arlJrnud.a.k party.. i........ Is"ALRIA'"Nmn Ei.h"" Al mayeFmpe Resit., A,,Oo,,vh1..wine. AOFIlOR2ADONMRAIIIOAIA"CFRANiFER:Y^u.11111..bNrhy^^r mm,w".1t R[eamah" ain,.bm nmim inrequires shall by detaiiklo ro6v rnmminl auemlk HmJeN This .,.. Inuhjnl mauA.... NneaW f'Mn1-VI1mY'feature I-WJinan so.h i do,.. n6n n our RUM, A.rylniom aW Fm.Tk1m,-liana viiikOtMr<JO ik iWk "W; This Note sell. in "Wised be the lo, el 61 Cummnnoe•NM1 nl n lrt, a...mun-..u'd-thlllbul. P[nmylnni•.•nd ..Y Applksbk Id...11, SECURITY GMEEMENT SIMONY. LOANANOL'OLIARRAL WknYOU ai6n lAk NmnWd[liver n...... Mmmplnnk ..he' ,.low dtnih. se[ ulll...I, ?an IP Y^u lk6 xmromomonlAir NOle,Pn.AkAseeimpmsimnelAs "-tided imbia.A1.1l . Security ALlnmml apRlem mlY la lA...lbmtl uJ[u.IkJ nn the Past aids-! ;t i .earl,. l . ea V In -11 pmmn...... stain in,.Amm in...... ormp. Olrryfm. r1^r rk tom"smeary In\e[p she C11. jrmf-Ji,... aW rlu'r u[ 'A . eant. rh i. SeeurilYApemenl.•Ynn'sly. xlnl I ..e, m. Cn lhmr .A", n, the ('nlbmd . Ai"Are lnM mmH, scheme mY Ims' Your p•-WVJ"I 1., .11 PMnn . NL. Y'(If/ROR/ER AGF MF, .splo n^im e... ILrue ear Anmx •nf lrl'Ir[[rivul inxxnm....Mainrn<r lent OInik tlmn, r[dl^mnm^ Ll OH be CAP LI OX'N,....LL,E.TQ Van nunrAe Cullal.mlrne mJrkn ^I11 noel n,. huh... -1 Aun III .. uL has ^n[^^I. Phil A"a kbtll r o[Wett r IW1^rhr .d dil uvyinm[earYou saill ma ,Irmde haui,e b oh . huh -' I1- 11.1 A . Aoe imml, ,M1 lL-Ie,1 lP nmk V R.IYANII, .c.pop beIAno se, n p "1i., kCUlaLi..h..h-kannpn "11heY Pn^nboiaml . iedA Net,. , Am ue A, .... A , i Nma lmY Mlib.lit ea-IY Am il ui,, lb A.u .. n wFimJ nn th Apmm[M. VeYhiIn nM ".Heal. nYlnn urrmrrllY intern.l. he n lAe . -1 1m) s e . iii.vurt led of. h NYr[, as m are anno m..ay. . shut T P "I . .... I.. ob Au,,, ao .. mmu Pry kbtlf hill nlnun[ynm Nilure la lxllmm prurpnnuiw inns I MAINTAININ A BIAfNTAININGTAI T//RC'OLIAIERAL Ap^m.^e , uuJlnuimvi U Smu^ry Apeemenr. . ,. . -n6uWsnnd. A . prtnrnv a ECIION.Y^v.illpermilMmi...... ie 'Mle(ralemlreuuMAk t youm . oY l Allies you rill pay ap ruff [AU V.. on rM1[ C'nllamnl. you am Heal use & use rk ime C 13 clisiffmil ACCOUNTS r hire, RIT .mi 'An s, f SECTION J. NO LOSS O The Note Rod a S[v^Y A m on"Im" ,"I"[ '-."A- t o . ntumunlar rif I[ol J.p YYU he renni Y In OI^u ear uib..r n .pO. ny oI) mry h n.pmial[ILaai6neJ,rnteal<WeJY-e-Yld <O by bYOseirhuu[kempn Iw IIn m a JOAA6. an^.Ilma lrnnl l i If the ,noun. ear nrrilNal[al d<1'narl ..I m•I,. rlre , Hill.. Ili' H^re Ill tin,xnprFl,uenillavlnmatirAlrrer..rF. A.x...nr....a... ... __. __ . 'A, a, Inse PrryP,ipuJu W rk Nes' ...If. NMe IAi. {e.YWY A "menm[.. nl n ohllMUr Insist, tu OUr ai6M. i .n lk CPlle.ral. •Owmel.ppllil"nohas"lormmm.eblaydmlwnlma.lllhblean N.pplNOin N nhdNorauNl.mltlpmlotupumMUOgoed<"uHlnlrpmu<R» x i1 MRIMW Wb Rank by mmmm smnM e1 bminem em-1.mml Than I has lhalf1LD..t lmlh h=1-mild'abemr•bmo ,,,.,runt-- rA,, e N C At. NOTICE: SEE FRONT SIRE FOR IMPORTANT INFORMATION al»t nuxu.wmY--easel. EXHIBIT "B" Dauphtdin DComparry eposit Bank BRANCH Carlisle Plaza ty Ttusl HARRISBURG, PENNSYLVANIA 17105 MORTGAGE THIS MORTGAGE made this 26th day of February ,1y 96 between _ Janet B. ATocho and P.O. Box 4800, Harrisburg, Pennsylvania, 17111 as Pennsylvania, as Mortgagor, and WITNESSETH thatthe Mortgagor has executed and delivered to the Mortgagee a Note, with late charges and othercharges, on this date, in the Financed Amount e 92.(uQ.6l, with interest thereon at the rate specified therein, requiring the performance of Blithe terms, covenants and conditions therein contained; all of which are made an integral part hereof and incorporated herein by reference. As evidence of said indebtedness of Mortgagor to Mortgagee, and is Security for paymentof said Note, with interest and inconsideration of $1.00 paid by Mortgagee, the Mortgagor does hereby bargain, sell, grant and convey unto Mortgagee: ALL THAT CERTAIN piece of land, situate in: 1. Rnrnugh of Carlisle ..County of Ctmtberland (City, oro., or Twp.) ' 2 - County of (City, oro., or wp.) , County of and Commonwealth of Pennsylvania, known as: 1. 34 East Locust Avenue Carlisle. Penna. 17013 2. 3. (Identification of Mortgaged premises) For title into the Mortgagor, see Deed recorded in the County of Cumberland 1. in: Deed Book 0 , Volume 30 , Page 423 2. in: Deed Book ,Volume Page 3. in: Deed Book. _Volume , Page TOGETHER with all buildings, improveme issues and profits thereof hts.rights of way, rights and privileges, hereditaments and appurtenances, and the reversions, remainders, rents, . Mortgagor covenants and warrants that Mortgagor has full fee simple title to premises described above; that the buildings on the premises shall be kept insured against loss by fire acid other casualty for benefit of Mortgagee in amounts satisfactoryto Mortgagee, with standard Mortgagee clause; and Mortgagor will pay any tax, assessment, municipal or other governmental charge, including water and sewer rents charged to said premises, and will deliverto Mortgagee receipts therefore immediately, on demand. Provided that if said Note is paid in accordance with its terms and if all other terms, conditions and covenants of this Mortgage and the aforesaid Note are performed, the estate hereby granted shall cease and this Mortgage shall be void and of no effect. In the event of default hereunder, Mortgagee may institute an action of mortgage foreclosure hereon. If Mortgagee retains an attorneyto institute action on said Note or an action of foreclosure on this Mortgage, Mortgagor shall pay, in addition to the principal, interest and costs, an attorney's collection fee of 15% of the principal balance then due; and if a judgment is entered in favor of Mortgagee against Mortgagor in said suit and Mortgagee thereafter secures a Writ of Execution or other appropriate-writ, Mortgagor waives all rights and benefits under any and all laws or rules of the court now or hereafter in effect, granting or permitting any exemption orstay of execution against the mortgaged premises orany other property whatsoever, and such judgment shall bear interest at the maximum legal rate until thefpll amount of the debt is actually paid. The word "Mortgagee" shall be construed to include successors and assigns of Mortgagee, and the word "Mortgagor" shall be construed to include the respective heirs, executors, administrators, successors and assigns or Mortgagor. If there is more than one party named herein as a Mortgagor, the word "Mortgagor," whenever occurring, shall be deemed and taken to be the Alural;,and akovenants, waivers, warrants, promises and releases by, and the obligations or liabilities imposed an Mortgagor underthis,MoRgage s1TaTllbind themjbihtly and severally, togetherwith each of their respective heirs, executors, administrators, successors and assigns. .- . .. ..... - _- - , IN WITNESS WHEREOF, and intending to be legally bound hereby, Mortgagor has hereunto set hand and seal the day and year first above written. Witnessed and delivered in the presence I: --ZLrvr`? X?„fn (SEAL) (SEAL) 67 I E00MO® FARE 232 eANCONSUMER FORM PASIL 367 (71921 Wmle - RECORDING . Canary- BANK • Onnn - BORROWER (SEAL) 01997 BANCONSUMER SERVICE. INC. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE Owner no Lenderrequestthe holder ofanymortgage orotherencuDER OTHER the Property AGES ance on or foreclosure action that pertains to the Property or Lender's interest therein. Party to notify Lender, at the atldress set STATE OF PENNSYLVANIA ) forth below, Ofanydefaull, sale COUNTY OF Cumberl8r d SS: On this, the _ 96th day of hr _?-" 15-5A , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be in c theontaperson(s) whose name(s) is (are) subscribed to the with executed the same for the Purpose WITNESS ined. °rt8a WHEREOF, I have hereto g or(s IN in instrument set m , and acknowledged that (he, she, orthey y hand and notarial seal. ) C.. L.S. W-. HEREBY CERTIFY that the precise residence of the Mortgagee(s) and person entitled to internst on this Mortgage Company' 3607 Deny Street. P.O. Box 4800, Harrisburg, P. 17111. is Dauphin Deposit Bank and Trust RETURN THIS DOCUMENT TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY 3607 Derry Street P.O. Box Harrisburg, Pennsylvania 17111 By: -.1llf@I /? A va c o `' C7) c 3 Z m n U a O "f F+ ram cc o y n _ v? 3 o CZ T ?' ? CZ v m N '--?mm 4ca v N Y+ v a r` '!^ of Pennsylvania 2 =•_ unty of cumberland) SS dad in the offgndG for the recording of i t g ?berland Coon ?? ol: a a :itnr V myha '--P )orliu o, PA t ' ?- al of o IF , y ?(Q Recorder eooK1308racE_,233?:. ?>? EXHIBIT CCU Janet B. Nocho 34 E. Locust Avenue Carlisle. PA 17013 ACT 91 NOTICE July 12, 1999 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If you have anv questions you may call the Pennsvlvania Housing Finance Agencv toll free at 1-800-34?-)397 (Persons with impaired hearine can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA. PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Janet B. Nocho PROPERTY ADDRESS: 34 E. Locust Avenue, Carlisle. PA 17013 LOAN ACCT. NO.: 114159998004 ORIGINAL LENDER: Allfirst f/k/a Dauphin Deposit Bank and Trust Company CURRENT LENDER/SERVICER: Allfrst f/k/a Dauphin Deposit Bank and Trust Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP T- DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE. - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application NIUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 34 E. Locust Avenue. Carlisle. Pennsvlvania 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: monthly payments of $274.13 each for the months of December 1998 through July 1999 for a total monthly payment amount of 2.193.04. Other Charges (explain/itemize) Credit re Dort and appraisal in the amounts of $95.00 and 8. $165.00. res ectively. plus un aid delinquent real estates taxes in the amount of $1.598.2 TOTAL AMOUNT PAST DUE: S4.051.32 HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 4.051.32. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made Payable and sent to: James, Smith, Durkin & Connelly LLP ATTN: Scott A. Dietterick, Esquire P.O. Box 650 Hershey, PA 17033 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the morteage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to nav attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULTPRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other charges then due, reasonable attomev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff s Sale as specified in writine by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Allfirst Address: P.O. Box 17292. Baltimore. MD 21203 Phone Number: .1-800-441-7202 Fax Number: 302-934-2927 Contact Person: Norman F. Hudson EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 2324985 Financial Services Unlimited 117 West P Street Waynesboro, PA 17268 (717) 762-3285 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 243-3948 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. §1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Esquire cc: Norman F. Hudson, Allfrrst VERIFICATION 1, Norman F. Hudson, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. I'll GY1', y _ No an F. Huds G U 0 t? i c cli r ?? K 1 Q o; rI c.. v ?l?:r 47 CS12 \ '^\ F-• s'. aciJ mil` \ SHERIFF'S RETURN - REGULAR CASE NO: 1999-04982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS. NOCHO JANET B HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP/MORT-FORE was served upon NOCHO JANET B the defendant, at 14:40 HOURS, on the 27th day of October 1999 at 34 EAST LOCUST AVENUE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to POSTED PROPERTY a true and attested copy of the REINSTATED COMP/MORT-FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Posting 6.00 Surcharge 8.00 RTT omas ine,?5 eri ?? $35.1u-JAyES, SMITH, DURKIN 10/29/1999 by?0?? epu y er Sworn and subscribed to before me this R" day of 19 99 A.D. rotnonota SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-04982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS. NOCHO JANET B R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: NOCHO JANET B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant NOCHO JANET B DEFT. STILL RECEIVES MAIL AT ADDRESS STATED AS PER P.O., PROPERTY APPEARS ABANDONED, PAPER EXPIRED. Sheriff's Costs: So answer Docketing 18.00 Service 3.10 NOT FOUND RETURN 5.00 SURCHARGE 8.00 R-l omah?iine, 5 eri? $34-ZU OJAMES, SSMMIITH, DURKIN, CONNELLY 9/177199 Sworn and subscribed to before me this /7 = day of 1999 A. D. Tiro -ono ar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN CIVIL DIVISION DEPOSIT BANK AND TRUST COMPANY, J, 1 Plaintiff, VS. JANET B. NOCHO, Defendant. TYPE OF PLEADING O-(4 J CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Allfirst f/k/a Dauphin Deposit Bank and Trust Company Plaintiff, TO DEFENDANT(,) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED COMPLAINT W11 'I [IN TWENTY (20) DAYS FROM SE VICE HEREOF OR A DEFAULT JUDGMENT Scott A. Dietterick, Esquire MAYBE D ST YOU. Pa. I.D. 455650 ATTO ? YF AINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: JAMES, SMITH, DURKIN & P.O. B. I7?92 CONNELLY LLP Baltimore, MD 21203 AND THE DEFENDANT(S): P.O. BOX 650 34 E. cult Avenue Hershey, PA 17033 Carl(sl , P 1 TT Y • R PLAIN71PF (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT TILE LOCATION OF THE RE ESTATE AFFECTED BY THIS LIEN IS 34 E. I.o s A ? ,Carlisle, PA 17013 COPY FROM ?('?'? ATTO NT 11 ---?•" IMI?W I `O' f 13 d,j?t Carl*, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant. NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IM fEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A-UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY. Plaintiff, NO.: VS. JANET B. NOCHO, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Allfirst Bank, a Maryland state-chartered commercial bank, authorized to conduct business in the Commonwealth of Pennsylvania, and formerly known as Dauphin Deposit Bank and Trust Company, with a principal business address of P.O. Box 17292, Baltimore, Maryland 21203. 2. The Defendant, Janet B. Nocho, is an adult individual whose last known address is 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. 3. On or about February 26, 1996, Defendant executed a Note in favor of Plaintiff in the original principal amount of $22,042.61. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about February 26, 1996, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $22,042.61 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 19, 1996, in Mortgage Book Volume 1308, Page 233. A true and correct copy of said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about July 12, 1999, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. A true and correct copy of said Notice is marked Exhibit "C, attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $18,191.03 Interest through 8/12/99 $ 915.28 Late Charges $ 129.90 Appraisal and P & J Report $ 260.00 Attorney's Fees $ 900.00 Title Search and Costs $ 2,500.00 TOTAL $22,896.21 plus interest on the principal sum ($18,191.03) from August 12, 1999, at the rate of $4.24 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debtor any portion thereof IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $22,896.21, with interest thereon at the rate of $4.24 per diem from August 12, 1999 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises JAMES, SM H D & CONNELLY LLP BY: Scott A. Diett rick, Esquire Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE AND SECURITY AGREEMENT, DEW 2.2139_96. u,wnn._Carli Ib-Plam-_.._._.. (% A P C N AGE RR E IMWEIIW UNY Y w HIIII IwY. 1 ,1 NCE f G Ib MWwmxullM GWM[WIW. Amount 11 ,=cod IM INYM M[,[Glpw4pl .m.. Pars, A. 1.tWl of P.ymenTR Iq[ wwNNY nY bn 14,11. rw MnlewGwgnMJY4JNIN. 8,50 % 3 10,852.99 1 22,042.61 1 32,895.60 iwO ItlWM b' NwbxMh .ma MwmtlM1 Nnp Wbnb Nnu Are aw WNNI, MAnwn? - 19 Y[ W Iry: Yw EI PNI . wn4 NY,N Iu KI IM nu/empnwllMW wrmwW. O idm JNwlN gltlMr pronbl-EL•?Sd?DS?. 34 Pant lactss Avenue Carl sal c hn1 ?09rateal fee arty-!. orDori deed search fee vaSvM. Pa. 17013 float Carl fea ve/yed. act Ego 70 00(E) 1rgwld port ...e fill f od AlaYmpWw SmbW Wwt Irla MN uNN e1wN IM,rNWn tl IbJ Wn Nlna WpiMl Nwe. Ob CWp:IIa pgwnlh LYYw wib(N,Hd 5%11 Y.NINeI bI!..oral 115M puN)wl: Y pr NI MMWl.lpu N w Mw GNI a pall M1nubbuu14Jrb[I•N.. ne ....... euJ+WpI".....MJu4ahuun[........ ndshi,NuurWswunM...rare. penwlarpnuw) Wv rym Mluu u'bmrnnf w'Cr$i[n+.•llmme In+n uv prwn dam Mbw obit! M IIJ4, wpunrlY wW wpwr, (w em, pwmwr in [nn Nu[. You PROMIne Q) Dauphin Deposit Bank To PAY TO US 0004u5ICOITIPCITY 213 Malket Slrgl, NANlibuq, PA 17105 w to urraWE.al 1, vl cureHlrrl, Inr Intel YMwW, Ilm Inlnnl an Written Mlur,in @r nmsMl of ri mmarhll pernuwuAUrnlmb M1peunl SeluJU4. Pry ear".en Jm bpinoinponlM Jne.adUdWindup Gmml AIUJN... Jamin w Jryolrwb lullurinp moral, until we are pad In full. You may pay in W all of part or lire bJmw Jim,.1 war uuw .ida., pw4Yw pm ... Sn'C'ON/TYACMISTILIFp A, knne prom,. iii vrlM mw... //OW TV p'A6YT"Cl1ANCCD:'I be HolmeKLwH wn[im only U( ri-w .-Bar'" .""knmam ufluul Nomiua labor Nwy Nd B?ld NI N[ pu.W Lill an lM -ANAins LIII.Fo lM Armmnl fiwnc.J+nln Aer.11 CuOmwri JEnlq bwr EUnl an. ua[ul+p Mwe . ll m liuuxe l'hn Iii. wili muW i..,. far.fi lN,.ntlprupnnFJib[wipmem[W I• "I"Formaueiu+aware Jw?nuJ(.vnn area Alberti be.,...mu.rnn+ll k uvnurW. ,P,q-rk LI..... marl ppn,ure I'in+urv ChuHMUk".... M[rvau11MrwWw wrNUnrlmp^ud.l(Y°uyq [+r11. be pi... I Chat. will b laa. 1T[ emuulil of IAO irwruu nr durum, to I' Einuxe Chat" FIAT MJw wish the lul Plow", noun nil IN otwi on Witter be wlual-room NUL a.. 2. SA74£F 1W lm, " ama a ept u( ubpll IJ u ul Your n. it yew m aw, uar entries p met.., men i d eITllwed .'N.. h. by .us P if u J[Ievls, 1• . they mrY I tllnl of i IT •W ppiY taut No". a nrr p ,i NITE ....u.M wNY.. by VUwaon ... his No". Out Return, i,au,in lklvirNludu tarp, <NIN •umiunn•WJW IO IM pIUmJ FLOOD INSUR INSURANCE, IT Li.Nwdab. aw"Flad rut nlue or w. mu.r pr s •" Irvsw,nldhu LluaW ImavW mm, a.WuWituoaunw.J. VUirtJ IanArbllul,n .f N) . l,lonpl. onrmv[.In )4 Fn9C In[Ilvf, AYenue rm rstf Mo. mconcid! by Cyp ins P, nnnrtn 17011 /•NOpENTI'/NSDNAo&ia hie Nola J+b'r CJI1nnA ulnbumlin.ul AIISMploprsY Ubub u[aw this Note k[tlkJ the •ColYUnl'OUniYnraelW pt.......f bit uwupinu phTwal nu".lMfullmutl u nVUiaeJ fm lL[ B.Nii iWkm shot it urounlwal or W eallor tall, Ow n1llnu-111 buy -11.1 fullsaan of OL Nqa. otni Culldi are centered rad PC IM Monpram centered Nd rot p N I.WD INSURANCE AND I•ROPER TY INYIMANCE MAY YEOIIIAINYII ...... ulbprJ . la pF? M your Fairness. . you u,ll 1.HR000H ANY AGENT, BROKER ON OTHER PERSON 11! VQuR m ulWliiv ml' Walbp uWin.Ainpnl vlMr NrniL w it Far o to wwu...uY 1. lm, prtfus, m+irneiu Nr plargG[rian ul,.W Uabf1 was, CIIOICE. Bn lmunnw in Sreslnn in UfIM,.[will Apnmml on lb Unuu u[ MYlmartn IonlM GlkwY rW[. AIISUd1A7117frAgIWpS:03 HIM[IW,puuiud IMItll mv.IMY...... u<,iruluJiryku pry,nmuWrvumeuilemcM+Htanln4 Nure IaxnulW IumIJ NM rN Nu, A na . No. 5 70054 9 719 . You brain a kJly pry [an monblY Nymem she. Be fum bn Aca- Mpnnis, 4 19 196 w [wow wspAn.amr.em n. bk Nw. A... Men new I. rdi ('NLDII'INh11NANccD Nnr RLOI11Nlnl. f1,L1[+I lm, mvpl+r4 LY Ilw i,uu,u n+,rvJ Lr'Lrr,[IeJi+imul[rxv u au+il+Lly rN.,uYL Vr (u[ Ire x,ln,.l rl,lr Nuav ul ram uNl.llaun Lelur. Siulldl WN LInW 5iuekl5 W it AucLkm a IIUaLL In.m+rwne+nll.Lk lm,...... auuaxu ur C.W Sgp.r kpnnl luumumue Eder. Mar (1NJlikinwawam...Easier ...... ufYuuripniuElwrv[L..... [[MIun.NUartJilimunlue eillMpwriJN UnI... OUeppruprina...... 41rrripnW LYnr penugrlu MlmmN.W Ilu[uWrbM1wnMluuu iaulwlW IvIN Amat Fw,aaFJ. ISLc NU NOTICCOP IW OPUSED Cu Lill f INSURANCE— brrornrnWcl ' Us'iver'.l.I ?ad Sir& 00.1 "(a ln[uurue, nlallnivl, You r.m SiIIIk Crude A,i ANJb 1B iown%,IUU b,bnmlolm CrtJ,I LOhln.vrnuY, rnia4 wrap Inrvnue. Mkn [who nAkhA awns W...... SyuYe.ml lvnu revlFnomoMW-1 IIISiNIe OFFER safe Sipnnuna Nnvnlo MimulW W Brute 6_.do I. _Yan saw ...[[ AnWenl A ll[Yrn lmurav WLn 6Ywrpel _Ypu WLn4YUUn1[1 ?TUU S Syv.Ima If Ease to IN IuNwn, Cann life Iwmuw IS'CAI.1 Wiuua Burrower.. 5ilnmu NOTICE TO CO-SIGNER -- em..nlm this debl.'fLInY ....fully before pb J.. ff The Burrower docti PAY ILA debl, yuu will It.,. I.. Puy if'.. Is ... Intend! first I.. was bw.[..pi IN.....ndbllilY. r lm, the iua.auunl of ILe Jebl Iran. a....... Jumnnl Re,. Yuu EF, tlw lure tape, tare fen ur rnllealun ...aunt. part uf£bu. ((edit Mmld. ('4S1?N{'NS'SUflETYACAESJI£NP. Yau.IM"-(w be ...... rirnu,. pdae.r Ca Yien[r; pruaw,r lup.ll.ri.,...a, urJer, the Anauunl P,n+I.rJ.ylur r+W JIAU buH+.ulrp+WeJ in Ipu Nwn Yoe ...ad Iv M base, .,.it plallM lu,vuf bi+ N.... ...... at, w,d ..,nine uunuru Yuu.u uwLmyLU Vrunliurp IWuGwla mduM wanw,l.9wmrn,oen rLUUOA ba pruaaL will Mural aw, Enna Bunarri ..art Yuu+pu rnn ra m+a w.I unnlWisa I+YUUwrum Iuu rilbh Wiua ww pries LmW far NYUww an Ju Rurmww. Yousrvawr... prunanpawmpkkJ wpYulUw Nine. Muter. Ce a'I Net DIALI 9nn a rln+ n Wnwu o-SI?L Snw}Slauwu ISEALI City ma III Cars 11 b. bnruear ur urnernin MIIn an ul 'be uennv m,11. ....moil do. he or lM R.I. I- an, hour W Wilma ISIAII I\1111 (SPAT) Wt,mu awr lIirgaus, N[YAIII.I: IN IupneinF rn ratA'I NIA. 111 Ynn l[Il In lotsenq l`.Inxrl In ur nx ur Mlnre lln.h, III— I.A.: VIlil You An ww w11F MWl 1[n or rinnrlrrrn al vnY lrmm: ' ."wounnitnl: lrcemrnIII, •nd You on, Yw Yau 4 nal PI•mrJy nJ Pm "fin. ma el Yeur p.A,., m eM1l.LU4m[In IA4 N^bJM 9n'mh FAI Mmmun,lM Mwayp,urM mYelnu 1I n Retwee To. net or sunnth.'In rr: Yuu n M1 elau 1 -:I- auYn.wrest u AMY war An; rn RII ew L•rllxl Y, eRJ m JeN ru)rd: MII Few fMlnnM inelJ.InminrH, MeuJ. Liw^ m NlirneJ, In titan er In Purrite Iola Pell IM i yew , A on.'sl An M^nPR: Irilil pt ndtMrmWlnp m Mlun ueJnlMRm6 nPl< L'We Al-1 wo nl not. 141 Any imlelMA in...... A el lard glom, FAA, er Irl A.Y of no PrnMaY lunuhM., Instant to Mi^F fmleileJ. .. rnF m......A rn LI rsenARLn N.nr prm.m Anal ..,to within ID don of Its due date. we ,it rhn1....I....pemo Pry. [.It pYhum on"..1 YR M IM.mnum of u l Pgmml ..I .A 11 Ah0. R411flNRN/TSAI CILINLR: If.nY r.Ymenl fonq.mronu awW under sits. Nmlll lnurneJ, you willMOlurR'I,.nJ 1ou.Prr.InpY. PID I. W.; m ou. IAarp A I. W diliu. lA..Y 1.1, r.Ymwr eFNF.... IA.Y inrur, rM'A As nor rOfF/6OR/ n .AoOYnn ynunp.y.ny.rxl al(.e. v n.m l nlmr.of foon ir4dinn of nunrtnrilY rn erevl In ulM1n r............. . RIIUMI or Ill Mulxlr net".. TIONFURAIgWIAT/p TNANTFRflTOU.pee..AiA hY Vrn win agnnlq.nnrnnio unm1. Th1.11 In,,;a laail Immubl[ml 1•Jeul rylunry slogan in wants. 1. ohmMin a, Allen. Into. n, and Tn.. TM umwninm will be IumluJ As IM MOnJk mumen, h wd,Ih...hn, n" wo he ",.ad a., m w in. urm IMU uamlmlrn:wnu tree, Twndae"I'll InrdmnM1n ne nnrvFUimnJgl No w rill M Arm nuJ Un IM Inlmn Jq fallvrlrylM rpwtlM Jne. TAO mMr6nlun will M ellnJv -al"nMMIas wlllmenkeal lnAetna, .... IAm, In an Nu ea o.......to Iramnou, Wa loop loom. nn pmenunl Alan owns dote n now -I., IM lots rill M dia[e^Ilnwd tllat o... onsMUp rbblion mun. Alto. IVLRfAR Fllhl4Mn Ir loan than m• Ourmnr as all Nnu,ar vlua, CmIn. all •1 nn vnuplMm anNl M Y LTA will M IOFM. upw,C;;SlFnnd toPlM1.f. It PlemMe In Ihir New....... WAIVERS: Il n rleetue The unpaid Intense nf.h. NmuN lured inn...I ^M meJiody due And refuse. p^u oil per ,issue to epuire us to an total 'Alone TFeu Ton, •n: 111 m drmaMl prynAnl apmauma Jw"anAs we 'preun mmt Lire N.A.1 .1 amwma due A•ue An. Men n line...... Awe ^I JnAnn.r'I: and Bill M'Mein en vWibi nniGewMn ^I n^^p.mml ".don. R'.rannl. an, XO111'R OR LIF.YF OT model. we cap An am ^I to 1.Al^nlus AsA.n I11iiup Two nrI".. mY",Fluninn Yuu ..The c0lonw.. lt etnM. Inal nmlAer Iowa, mnled'Ind i^lull nr rillnimilounhanto. nuo supown under title NRU, till Flrud.liJontl lime ler.rymam ul.nl emnunl arlnP undenMt Not, Ilrll nnei¢pir<u. nr dtlq nereniq.npiAFUpiml :A, Mnnn At Mnryr¢ Ilrl WJ to nkaw an, Rel[un no MUprp ^nhptN AAds out N.A. we Iq 1.111. 11.1. mmlorw aae sloes in.nr anM Cannon RISK OFLOSS: Yau rill Inter.. Noll hphia Neu Ion link Cool, mtl In W, ,Intel. Jam.LN•1 dnuapd. IKNSF/l ANT) SURE". All IM MnAU Id Ihir Nnu Ali Ina, we, out Ad mlFnl. IN odlrpmum 11,111 A. an. Ad Yuu, Ann, rnm^tl uvrnmrnmurtl assns. .YDTICd:O Unkn nMnin rtrluired AY uw. wait drmmJ or ^m Oe Ind', IMr Nure rlullM JniwreJ nr unl nYrryu4r m.rl, uld,rue4 to., pnY al r,r•,a.... pmrWed in,nia Xau.llllw putt mry[n.^p .Aiddnn hY Films...A.Aetna,. At elder ply.Rne.plin noun,.I. nner......u1ndJMIIMJnmedo MID d.R "IV. Thin Nme -lit M P.rn^td 1Y IAf 4n el IM l'umnm^anllr nl l anmpnni., eM...... 1k0k lednai Im, steel AGArIMENT SECTION I. LOANANOfUL1d rRRAL WN ywnipnMa NOlu;dcftaor Y la ut,andtumplnuhr alMnoyuireJdmiO yr nl!mnle eln•n to nu l AA Ilmr^nrnwonlhia Nnu. vlrvhkA Vr lmpnu inuurln prmWrJlnlnh Nare ll :1 p , , Sump AErnmenr rrPlin nnlY lu rAr mlhunl n JeunMJ nn INrl.nnid, nl , JU honer pmgmmi.n lamunuin lnrunmtine11ae1.prlnpq Nlino (nr, my rM - I. a.".y \nrlFr COllnnalin UW mnJUl a i l 1^i n N lnr aA wJin ,site Inn IIAI Nf.'rlnm .llArattt rilY ARre.Inn,-Yno nun un m rulu l,xe L was. IfA elnn ono .e adaa .Ilya r Y a pro v.l nApa nrxl .rhr. , one 'A oat 'A IN rA lla lnl lad"' ^ N v nA Ir n aa l f--. .? v r "MONL 1'011POINKRAGRRT.ANNI:O. ? .Iould e f uulu, CA nub an u. of lIA ^' M IAiN nthrunm oi v eal ,shad rlxl p 1.1 OIYN, SRLM1.LYC. Ynn nrnlM l'nllnu.l stet unJ Oear an NA, nnr, A, owe nn lAia Nnle. A Ly nnnu rem n,n Y[ur Mhtlh al M mM U1dn. ulilY inureru. You rill stns ull.lranaler.le.ae Eln. d[lirtrnrulh[rwi.e Jr.pn4 A . i Lalnrnu ter rlrnu rf lnM.e llnnlur lTarTn al llle.lnnull perrnllwe NuIe.AI14Ar rtM Cullnergin.LOlevrin .anY Mru.n the is,Into DnnYln lFi.Saurll ta .. Nnle, aJ Inane M ..... ahb: lit immeJUltl. nn JemaNi l 44nnR will. Ynu, annnn' lwn ....... .... Awn MnluinNnn.Ae A eu r e mnl.lAle pap nmliiillPThe end nl.M1e MO.q a w l m ) o C 4l l ohe eu.j ,M fato gout wrmwuon MIA.rt tin lAm tmapnw 4Jwue .,,. ra ¢r m ln nn AMINTAININGYNECOLLATRF.IL AI Yam [en, you vlll mniaunlN Snn,..y Ape<mam. "' ryrd[VA iun•nd,polr. Ymr rillprtmwiuRalnn lmmrJ..A.p Cnli.u%1 I'm INApKCT10N. In.-"I "'A.' 1.1 1. m.Mn INe.Ihlualaurp Ill 1, . 1 Ynu 11 •Il laa nd Ann, ahe.E[f.n the Counawh You will nn1 Inn lAe e ' Con IE'1lleplly ur tar hie. IJ "TACYOUNTS. on, CoWmai mntl.llolt Je ,ni. eamum nr SfC)IUN J. NO 1.055 OFRII:IIIS. site Nnl< mJ 1AU Swmn, A....mm, ma l i l D lif[n< Dnai..r[mry uLn.m din. Yau mllnu site am ens or vilMnr l ows u,n ,n.ilnN,enmdeJ Urnnva hY Ua rilhountlnnnR nnY nfy.•u uthm CIIII. .1We.. aJJ nn<unun Fli mm ur ma ,rnm il. Il,Ae m'oum nr ttNRm¢ nl dapnu. mnmI, rAJe'Fe Nme T , Y Mrwn Jr lLmperlY U p¢J mlJn the Nmumlhi Snvrip ARrmnanl twount some our Aide, union rnlluml Ylp[n.,Fe JeD^aA1fm,Ae'umesilo. now At , lA uillwwnnliu we"'A. , rrnpa4l, d.As ru ..I.....o At w . . yWT1ON4. OSFAULL Allefhultl..,r.MNeu.RIM•D.Im11unJ,,.hi. minr . AA.4 AP, To , .11x1 Wit ' .enw?r.r en[ 11 r rte nn Ifin N.... A. vin tarn r•• al nr.uNftuw rrnr r1JY n IFle rlnrr nAnn .•... Inn R, A It. a Mnnn u^ Ile e u, eie oleo ln ID due, urr6 m In [mm?n lnr nrp .[arm. Ile 11 vu nr.xlAe. nir4u[.rl in.rrmne Irr 1_IIRITI' 1,1741I1.Yr. itA .....ca lrIAl vll l[I . irrllnr AS u All a.rnl uam FannA . r v. rilY u .![t rr ?l nl nn IIn 1F.RA/. We mar Al..... Y:. uln wlrnnler r In nl Dlntn dn:pme 'l.N.11Y..... .,A'., n:rr.AAtr lArl'ullme: al lu u., wehAu, on,"Ac ..... a, one lit. any Memine wAne IAe l'nlln le i::l mm Irr I rrnAlmo T. r.1/IIN.1N/I.Y)RA Ii R. Wl rrrsr rent yr y:.:l e. 'm .... p,: rA rA Y.r IuAF arA:I rr II l"." l"." FY A WI1naY Ad, . u ien m J<li wr me Cnlln n al ul IS In(' AryIr IIV. ll rmr sail In Jn v lr[l it rtrn :r[A nl A.no<ns... we meY rur[Ann "".,,A ....I al .G[rin ru IA Le mJLl, An To (x[[Irnm lan . l..A. r . lr do r we an .Irmn. )^^AY mXp 4iPIA1 or [lalm l^u m[vm ni"N fnlln[wl nµlA[Iola led e[ We Il lad., C lit lli to on [ ww rye [ar(mlwow w. won If ou..lulMmma re.wl It a riw 1n re.. N. won R sun And to u.. Ton .1 1 NOII('F O/-PROPOSE. LIIAOII IN.SORANCK t Ae SiryvJJ ?.I llli[glm< Antlry wtel.l nn&nn:n troop ('rrJil LiG lumrnnte en.erale anJlar 4rmrp f¢tlil ntpr Art,rteiJrnbnd onIIA appiu ran rM1 is Nlur r(an nrn lM nn ll.l lr unr.r111u Nnr.,anrl ta[Ir ru[n 11M rJ tunrap willM rrillrn lY the ran rut x [.m pool ru me rru'e Al lAr irr.rlrer, enren nnlyrM MraurNll ufninS lM1e rnl.u.I fur arrtF ln.Irnntn site amount of loon is imlkneJ lur nen ry pnuMrtJ.lLnarrmllAe in.m.nu xill tamrnno amllM.lnnhe n rlx in.Itlrnlmunin,", v nmnrhe Jme(mrm'Amalh;;d rnlran Fim .n•J UIN".. n lir^ r...FNm... mlrrrilY Jal[.I llrt:n.l[Ale...f lM1. ulrjtn ....... f prel'. lo apuluY^urv site nl,o. .,,d nu., rtff.r..ul Ar amvll unuu : r due .. r n A A l .... nnrnarr.e nrnr< Iulll Iv npM muul ...... InJ.A4J n Jtvr ri- xlunw. Ann' Yip. A, - IIENEUNOEN-.• ___.. , -----l rtr -- ,..Aron WIIILL nut tACE ED AMOUNTS PAID BY THE DEBTOR AD ..... Nal,il rnl...tdlp....me.nd manlnuuaal m..u1ML lpnlo.DU.d In rlm..nuAa.nlblpn m. pw[nua ar Eaoa.er..nm front .u nn oho 0-1911-IW wnA 9.41 be eammel amlrW or hu.IIMR melpnlnnl. then I Mr. IM lighlum fah and., 'oaks • shown Anne. wamprIllownw. rA.... aJf'MllN.o NOTICE: SEE FRONT SIDE FOR IMPORTANT INFORMATION . 1 wl Maslmwwn 11 lNRLnr[ EXHIBIT "B" `J• ) r\ G Ly U Llp 111 I utepubiI DUl III onruvi.n - ..?ona V V and TfUst Company HARRISBURG, PENNSYLVANIA 17105 MORTGAGE THIS MORTGAGE made this 26th day of February 1996 between .7anet B. Nocho and BANK AND TRUST COMPANY, P.O. Box 4800, Harrisburg, Pennsylvania, 17111 as Mortgagee. Pennsylvania, as Mortgagor, and W ITNESSETH that the Mortgagor has executed and delivered to the Mortgagee a Note, with late charges and other charges, on this date, In the Financed Amount $ 22x049.61, with interest thereon at the rate specified therein, requiring the performance of all the terms, covenants and conditions therein contained; all of which are made an integral part hereof and incorporated herein by reference. As evidence of said indebtedness of Mortgagor to Mortgagee, and as security for payment of said Note, with interest and in consideration of $1.00 paid by Mortgagee, the Mortgagor does hereby bargain, sell, grant and convey unto Mortgagee: ALL THAT CERTAIN piece of land, situate in: 1. Bnrrntoh of r arl isl p - , County of Ctvnberland (City, oro., or Two.) i 2. , County of { (City, pro., or wp,) 3. , County of (City, oro., or wp.) and Commonwealth of Pennsylvania, known as: 1. 34 East Locust Avenue, Carlisle, Perma. 17013 2. 3. (Identification of Mortgaged premises) Fortltle into the Mortgagor, see Deed recorded in the Countyof Cumberland 1. in: Deed Book 0 , Volume 30 , Page_ 423 . 2. in: Deed Book Volume , Page 3. in: Deed Book Volume Page TOGETHER with all buildings, improvements, rights of way, rights and privileges, hereditaments and appurtenances, and the reversions, remainders, rents, Issues and profits thereof. Mortgagor covenants and warrants that Mortgagor has full fee simple title to premises described above: that the buildings on the premises shall be kept insured against loss by fire and other casualty for benefit of Mortgagee in amounts satisfactory to Mortgagee, with standard Mortgagee clause; and Mortgagor will pay anytax, assessment, municipal or other governmental charge, including water and sewer rents charged to said premises, and will deliver to Mortgagee receipts therefore immediately, on demand.. Provided that if said Note is paid in accordance with its terms and if all other terms, conditions and covenants of this Mortgage and the aforesaid Note are performed, the estate hereby granted shall cease and this Mortgage shall be void and of no effect. In the eventof default hereunder, Murtgagee may institute an action of mortgage foreclosure hereon. If Mortgagee retains an attorney to institute action on said Note Gran action of foreclosure on this Mortgage, Mortgagor shall pay, in addition tothe principal, interest and costs, an attorney's collection fee of 15%of the principal balance then due; and if a judgment is entered in favor of Mortgagee against Mortgagor in said suit and Mortgagee thereafter secures a Writ of Execution or other appropriate,writ, Mortgagor waives all rights and benefits under any and all laws or rules of the court now or hereafter in effect, granting or permitting any exemption orstay of execution against the mortgaged premises or any other propertywhatsoever, and such judgment shall bear interest at the maximum legal rate until the 7NII amount of the debt is actually paid. The word "Mortgagee" shall be construed to include successors and assigns of Mortgagee, and the word "Mortgagor" shall be construed to include the respective heirs, executors, administrators, successors and assigns or Mortgagor. If there is more than one parry named herein as a Mortgagor, the word "Mortgagor," whenever occurring, shall be deemed and taken to be the AluraL,and al4cbvenants, waivers, warrants, promises and releases by, and the abligationsor liabilities imposed on Mortgagor under this.Mogage snail bind tttem_ r"61:1y'andseverally, togetherwith each of their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, and intending to be legally bound hereby, Mortgagor has hereunto set hand and seal the day and year first above written. Witnessed and delivered in the presencep t/ (.L? (SEAL) (SEAL) Eml.308racE 232 (SEAL) 8ANCONSOMER FORM PASIL-367 (7/92) White -RECORDING 0 Canary - BANK a Gfeen - BORROWER 01992 BANCONSUMER SERVICE. INC. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER Lenderrequest the holder of any mortgage oratherencuOoe an the Property interest therein P T or foreclosure action that pertains to the Property or Lenders . p rty to notify Lender, at the address set forth below, olanyde(aull, sale STATE OF PENNSYLVANIA ) COUNTY OF Cumberland SS: On this, the- 26th day of 19_95_, before me, the undersigned officer, Personally appeared known tome (or satisfactpril roven of gagor(s) executed the same for the Purpose therein contned. YP ) to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged that (he, she, or tey) IN WITNESS WHEREOF, I have he ato set my hand and notarial seal. h TAVMN, CMAEN va- - a.:c C.: ...... . ,.. C, - :. rte, ' 7, n L.S. Company, 3607 Derry Street, precise I HEREBY CERTIFY that the precise residence of the Mortgagee(s) and person entitled to interest on this Mortgage is Dauphin De Box 4800, Harrisburg, rPat t 17111. posit Bank and Trust RETURN THIS DOCUMENT TO: DAUPHIN DEPOSIT BANK AND TRUST COMPANY 3607 Derry Street Harrisburg, e Pennsylvania 17111 By -„?„Y'?-??D vQ C.8 1 C7) c ' a = a m m, ? m n o aom i•-+ r ? m CC D Oy +m v` a ' ° D v O O N •F..a 2m ? N --?mrrn D of Pennsylvania -•"JntyofCumberland SS' it ad in the office for the recording of d irj4t C berland Court a Vol. my han pa , PA t -T at of o kfIA- 1, y 0 (0 Recorder r EOOMOSFACE.23k,.?,.7,- •: . EXHIBIT "C" Janet B. Nocho 34 E. Locust Avenue Carlisle. PA 17013 ACT 91 NOTICE July 12, 1999 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is Provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to heir) to save vour home. This Notice explains how the program works To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv. The name address and phone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If you have any questions. you may call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1NMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAdMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAVP' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: Janet B. Nocho 34 E. Locust Avenue, Carlisle, PA 17013 114159998004 Allfirst f/k/a Dauphin Deposit Bank and Trust Company CURRENT LENDER/SERVICER: Allfirst f/k/a Dauphin Deposit Bank and Trust Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU 1NaY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the Property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE, - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO.CUI:E YOUR MORTGAGE DEFAULT (Bring it up to datel. NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 34 E. Locust Avenue. Carlisle. Pennsvlvania 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: monthly payments of $274.13 each for the months of December 1998 through July 1999 for a total monthly payment amount of 2.193.04. Other Charges (explain/itemize) Credit report and appraisal in the amounts of $95.00 and S 165.00. respectively plus unpaid delinouent real estates tares in the amount of $1.598.28. TOTAL AMOUNT PAST DUE: S4.051.32 HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S 4.051.32. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or monev order made savable and sent to: James, Smith, Durkin &s Connelly LLP ATTN: Scott A. Dietterick, Esquire P.O. Box 650 Hershey, PA 17033 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon Your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If You cure the default within the THIRTY (30) DAY period. You will not be required to nav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and an_v other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Allfirst Address: P.O. Box 17292, Baltimore MD 21203 Phone Number: .1-800-441-7202 Fax Number: 302-934-2927 Contact Person: Norman F. Hudson EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ° • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3`d.Strect Waynesboro, PA 17268 (717) 762-3285 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# (717) 243-3948 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. §1692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice. If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. Esquire Norman F. Hudson, Allftrst VERIFICATION I, Norman F. Hudson, authorized representative for Plaintiff, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. No an F. Huds OF TIIc SHE?rvf ' ?FFICE_ . 199 AU& 46 QN'99 CIR t Li_ sm PENNSYLVANIA OCT 1 3 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant. NO.: 1999-04982 ORDER OF COURT AND NOW, this I Y` day of Oua late , 1999, upon consideration of Plaintiffs Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: J. ?z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN CIVIL DIVISION DEPOSIT BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 Vs. JANET B. NOCHO, TYPE OF PLEADING: Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa.R.C.P.430 FILE ON BEHALF OF: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA ID #555650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 VS. JANET B. NOCHO, Defendant. MOTION FOR SPECIAL SERVICE PURSUANT TO Pa R C P 430 AND NOW, comes the Plaintiff, Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files the within Motion for Special Service pursuant to Pa.R.C.P. 430 as follows: On or about August 17 1999, Plaintiff filed its original Complaint in Mortgage Foreclosure ("Complaint") against the Defendant, Janet B. Nocho ("Defendant"), at the above- captioned number and term. 2. Plaintiff directed the Sheriff of Cumberland County to serve the Defendant at the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013 but service was returned "Not Found." A true and correct copy of said Affidavit of Service from the Cumberland County Sheriff's Office is marked Exhibit "A", attached hereto and made a part hereof. 3. A search of the U.S. Postmaster's records for Carlisle, Pennsylvania 17013 replied that not known at address given. A previous certified mail notice to Defendant was returned "Unclaimed." Trve and correct copies of Plaintiff's U.S. Postmaster's Search and the certified letter are marked Exhibit "B", attached hereto and made apart hereof. 4. An internet person locator search provided no alternative address for Defendant(s). 5. A search of Voter Registration of Cumberland County indicated that there is no alternative address in their records for Defendant. A true and correct copy of said search is marked Exhibit "C", attached hereto and made a part hereof. 6. Plaintiff conducted an investigation to determine the whereabouts of Defendant, Janet B. Nocho, but all sources indicated no alternative address other than that of the Mortgaged Premises. An affidavit of Plaintiffs counsel regarding the investigation taken to determine the whereabouts of Defendant is marked Exhibit "D", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit Plaintiff to serve Defendant, Janet B. Nocho, with the Complaint, by instructing the Cumberland County Sheriffs Office to POST a copy of same on the Mortgaged Premises, and by mailing a copy to the Mortgaged Premises, via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service bein valid and complete u non such posting and mailing in accordance with Pa R C P 430 Respectfully Submitted: JAMES, SMITH, DURKIN & CONNELLY LP. By: Cott . Dietteric Esquire Attorney I.D.#55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" CASE NO: 1999-04982 F COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS. NOCHO JANET B R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: NOCHO JANET B but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant NOCHO JANET B DEFT. STILL RECEIVES MAIL AT ADDRESS STATED AS PER P.O., PROPERTY APPEARS ABANDONED PAPER EXPIRED. Sheriff's Costs: Docketing 18 00 So answer Service NOT FOUND RETURN . 00 SURCHARGE 5. 8 00 sL yjs . $3-11-.= AMES, SMITH, DURKIN, CONNELLY J 09/17/1999 J Sworn and subscribed to before me this day of 19 A.D. " 0 o r EXHIBIT "B" Pgslm stU r.4. l ??l Data City, State, ZIP Code Request for Change of Address or Soxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address Of it boxholder) for the Fallowing: Name:_ ` 0 t'( 4 2. ,?!,, G ,, Address: ,5L/ /-:" j;)r.t( S-?- %te NOTE: The name and test known addrata era req Post office box address are required for boxholder t fired for cnange of name, The h xholder InfOtrMS1 on" Ton Is Provided In accordance he fee for Providing chan0A of aMra?Rnfgrtnel?totn)i watThere wd i Is no acfee far with in CI R 285.8(d)(1) and (2) and oorreeponding Administrative 3uppart Manual ation is s and h- 1. Capacity of requester process server, attorney, party representing himself): Attorney 2. Sletule OrregulatlOn that Rmpnwerx ma In xnrve process (net required when requester Is an attorney or a party acting pro se . excep( a corporation acurgi pro se must cite etatufsl- 9. The names of all known Patties to the lffltlallem? K? i Lc f ;2 u._f v ------------- e. The Court In which be The docket or other Identifying number if and hay haan Loam 1• The Is to be served (e.g. defendant or WAMINa eUpM193I0N OF FALSE INFORMATION TO 08TAW ANO USE CFiAN ae OF AOORe34INFORMATION oR saxHOLOER IWORMATiON ANY PURPote OTHER THAN THE SERVICE OF LECAL PROCESS W CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION to REaULTIN CRIMINAL PENALTIES L4CLUDIIIG A FWE OF UP TO 510,000 OR 9dPRISONMENT OR (2) TO AV010 PAYMENT OF FEE FOR CHARGE OF AOORUS INFORMATION OF NOT MORE THAN S MARI, OR 90TH (TITLE 18 U.-S.C. -SECTION 1001). iify that the above (nfofmation Is true and that the address Information Is needed and will be used solely for lea of legal Pfooa% In canneWon with actual or pfospectiVE IN soon. ?? ?E'L« ?- James SAh thh & pOrkin P.O. Box 650 Address Hershe a lly Elliott y? PA 17033 OOLDERI9 POSTMARK -No ahenge of address order an file. NEW ADDRESS or Ot nOWn at address giveF n. NAME and STREET ADORE83 *r .... MCv9G, left no forwarding address. Please supply street ... NO such address. address. Tf no street address, then supply number. T Thank YOU. and N W a a w z ID m m J W 0 W W p V oQn A '' w w w H b 0 IL E m N 9 v W C pW Z N CSC AMU Y .U KIJ G? 661;•• f-.3 Y - m C} Lu 5 W EXHIBIT "C" JAMES SMm 'RIaN & CONNELLY LLP September 22, 1999 September 22, 1999 Voter Registration of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, Pa 17013 RE: Allfrrst Bank, f/k/a Dauphin Deposit Bank and Trust Company VS. Janet B. Nocho Our File No. 99-0718 Dear Sir/Madam: We are attempting to serve legal process of the above-captioned matter on the Defendant, Janet B. Nocho. Please indicate below whether you have an alternative address for her in your records, other than 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. Please return your response in the enclosed self-addressed, stamped envelope. Thank you for your time. Sincerely, JAMES, SMITH, DURKIN & CONNELLY LLP X?&? Shelly Elliott, Legal Secretary for Scott A. Dietterick /se Alternate Address: Ado"e c?c?a ?. h ?? . /7 / / . NC? G l (3 y C, JJCS' ?,?.?s? ?7 g-.;?(l ?, L7oZ<C c?Z` , i L? Fn -a r c. I'A $IPC AV@NUE HIILIfAE L'. PJ\VN, PA I i ll'l• MAILIIIG ADOPE- P.O- 130Y 5.`10 HERSHE . PA 17033 TEL. ]1]b3332BO I=AL 7175332705 IhPOC?.1 +1:LEGA1. COM HAFM1H162URIL OFFICE: II? •J.•ALIIOT QT I41`F41If;H1jA13, PA 111111 f 7171 2fle 477fi Scott A. Dietterick sdienerickC40egd.com :z _3- f F.. cz z BUSINESS 6 COMMERCIAL LAW CIVIL LITIGATION CREDITORS' RIGVRS EDUCATION LAW EMPLOYMENT W\V ESTATE PLANNING FAMILY LAW INSURANCE LAW LAND USE MUNICIPAL LAW REAL ESTATE TRUST & ESTATE ADMINISTRATION EXHIBIT "D" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 vs. JANET B. NOCHO, Defendant. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and says that Plaintiff, or counsel for Plaintiff, conducted an investigation to determine the whereabouts of Defendant, which included, but was not limited to searches of the following records: Records of the U.S. Postmaster with results of same, if any attached hereto. iX Internet Person Locator Records, with results of same, if any, attached hereto. ?N Voter Registration Records, with results of same, if any, attached hereto. Credit Report Agency. ( Telephone Directory. Records of the County Recorder of Deeds and Prothonotary. ?Ix Finally, Affidavit deposes and says that if Defendant is not located at the address uncovered by this investigation, the whereabouts of Defendanj Is unknown to Plaintiff. Scott A. Victterick, Esquire Sworn to and subrscribed before me this L day of t"fit b('( '1999. ?/ I f i! i ,'6 ' Notary Public My Commission Expires: 50i :l L_ L: u O ti ?d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN CIVIL DIVISION DEPOSIT BANK AND TRUST COMPANY, No.: 1999-04982 CIVIL Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: Vs. PRAECIPE FOR DEFAULT JUDGMENT JANET B. NOCHO, (Mortgage Foreclosure) Defendant. FILED ON BEHALF OF: Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company Plaintiff I Hereby certify that the last known address COUNSEL OF RECORD FOR THIS of Defendant(s) is/are: PARTY: 34 East cut Avenue Carti4ADietterick, f Scott A. Dietterick, Esquire Pa. I.D. #55650 Scott Esquire Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/Wa DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 VS. JANET B. NOCHO, Defendant. T0: PROTHONOTARY SIR/MADAM: PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Janet B. Nocho, in the amount of $23,399.50 which is itemized as follows: Principal $18,191.03 Interest through 11/29/99 $ 1,377.44 Late Charges $ 171.03 Appraisal and P & J Report $ 260.00 Attorney's Fees $ 900.00 Title Search and Costs $ 2.500.00 TOTAL $23,399.50 plus interest on the principal sum ($18,191.03) from November 29, 1999, at the rate of $4.24 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SM I & CONNELLY LLP By: Scott A. ie a squire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. t . Dietterick, Esquire Sworn to and subscribed before me Scot this2R 6 ay of LAIVO 06t 1999. L-kj '*P-j to `tee ?r Notary Public My Commission Expires: NOTARY MICHELLE A 109 [ago IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/Wa DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 VS. JANET B. NOCHO, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Janet B. Nocho ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ^I - 4 [ ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $23,399.50 plus interest on the principal sum ($18,191.03) from November 29, 1999, at the rate of $4.24 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, vs. JANET B. NOCHO, NO. : 1999-04982 ISSUE NO.: TYPE OF PLEADING: AFFIDAVIT OF SERVICE OF Defendant. COMPLAINT PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT CODE: FILED ON BEHALF OF: Allfirsr Bank, f/k/a Dauphin Deposit Bank and Trust Company Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (71) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 VS. JANET B. NOCHO, Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT I, Scott A. Dietterick, Esquire, attorney for Plaintiff, Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, being duly swom according to law depose and make the following Affidavit regarding the service of Plaintiffs Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, as follows: On or about October 14, 1999, an Order of Court was entered granting Plaintiffs Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about October 25, 1999, the counsel for Plaintiff served Defendant, Janet B. Nocho, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. A true and correct copy of said returned envelopes are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about October 27, County posted the property subject to the Mortgage, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013 with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriffs Office is marked Exhibit "C", attached hereto and made a part hereof. Respectfully submitted, James, Smik Durkin & uonnell DATED: J ?! ?? BY: -Z Scott A. Attorneys for Plaintiff PA I.D. 455650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this (r/ 4day of 1999. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL YICUELLE ELLIOTT, NOTARY PUBLIC NUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 1999, the Sheriff of Cumberland Esquire EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant. ORDER OF COURT CIVIL DIVISION NO.: 1999-04982 OCT 13 19994 AND NOW, this / 4 ;' day of c $ et 1999, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E"Locust Avenue, Carlisle, Pennsylvania 1013, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 4 10. BY THE COURT: 1 / 6 li J. F' EXHIBIT "B" ? EERnwntawsrxmr•amnwY..wa.e lelw wlan to receive Una • pevWi. a.ma a..A w.e. FQMp ?rfm w a aen u o a. m mn n un nmm wa $ • Q S x t t • Icllavdnp aervicea (for an $AM Iasi: or,l, oft m•epeas or, ael,, w ho ni M GF ^^"m ' n'. • p wu n rm = •p. u aa. gl 1.0 Addresses', Address g • R. RamerA. W. ma muml•n oMO.ln•we. numesr. 5 • T,a ? Mc.al+M Uw.la roam me uuo.wu a.wnp am m.am P.O Restricted Delivery ae to: Conaull postmeater for tee. $ ?J y Oa. Article NUmoer g. .0 all. Samoa Typ ? Registeretl .. ? Express Mal? Insurec ; ? COD 7. Date of Ft (p", Name 8. Aeereaee8'e Aclass(Onlyitreeefetl end lee is pa eresags-V PS Farm 3811, December 1994 iusssss-a.ous Domestic Return Receipt ? ? =I ? M S O H [' ,.me IO 9 ? (Jre Z Q? E a Z Z P ? I9 {> m Q Z n r -rC C C rjR% o sue, , .?. N U Q 1 D Q T r 'i g z p A z Q Y a c A \ m U u ? u ? L 3 z LL c N \ o O °m 3? ? ? i i4 a $ m m m = ° omu g e A ` ' '? aw aaeo6i F _ as FOR y FN RP40 oo zoo = a.14 _ FP t r'PF? f1F q zz a PON W R 0 V3 z ° z E 1 AAk EXHIBIT " C" SHERIFF'S RETURN - REGULAR CASE NO: 1999-04982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS. NOCHO JANET B HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP/MORT-FORE was served upon NOCHO JANET B the defendant, at 14:40 HOURS, on the 27th day of October 1999 at 34 EAST LOCUST AVENUE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to POSTED PROPERTY a true and attested copy of the REINSTATED COMP/MORT-FORE , together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Posting 6.00 ` - Surcharge 8.00 I?j R.'Inomas line,/5ner 37 JA ES, 1SMITH, DURK?IN , 10297999 by P Sworn and subscribed to before me this day of 19 A.D. r o o ar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, Vs. JANET B. NOCHO, Defendant. IMPORTANT NOTICE TO: Janet B. Nocho 34 East Locust Avenue Carlisle, PA 17013 DATE OF NOTICE: November 17, 1999 NO.: 1999-04982 YOU ARE IN DEFAULT BECAUSE YOU HAVE. FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE; A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, Vs. JANET B. NOCHO, Defendant. NO.: 1999.04982 AVISO IMPORTANTE A. Janet B. Nocho FECHA DEL AVISO: November 17, 1999 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIET (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO FN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 DATE: 17 "l JAMES, SMI DU N & CONNELLY LLP BY: Scott . Dietterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 1 O4. CL l : ? L i • C1i :: ? O CJ 1\ ? Ot IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN CIVIL DIVISION DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, NO.: 1999-04982 ISSUE NO.: TYPE OF PLEADING: AFFIDAVIT OF SERVICE OF Defendant. COMPLAINT PURSUANT TO Pa.R.C.P., 430 SPECIAL ORDER OF COURT CODE: FILED ON BEHALF OF: AllfirSL Bank, f/k/a Dauphin Deposit Bank and I rust Company Plaintiff COUNSEL, OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire PA I.D. # 55650 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (71) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 Vs. JANET B. NOCHO, Defendant. AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE ON DEFENDANT PURSUANT TO ORDER OF COURT 1, Scott A. Dietterick, Esquire, attorney for Plaintiff, Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff's Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, as follows: On or about October 14, 1999, an Order of Court was entered granting Plaintiffs Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. A true and correct copy of said Order is marked Exhibit "A", attached hereto and made a part hereof. 2. Pursuant to said Order, on or about October 25, 1999, the counsel for Plaintiff served Defendant, Janet B. Nocho, with a true and correct copy of Plaintiffs Complaint in Mortgage Foreclosure, via First Class U.S. Mail and Certified Mail, Return Receipt Requested to the defendant's last known address being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. A true and correct copy of said returned envelopes are marked Exhibit "B", attached hereto and made a part hereof. 3. Pursuant to said Order, on or about October 27, 1999, the Sheriff of Cumberland County posted the property subject to the Mortgage, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013 with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure. A true and correct copy of the Service Form from the Cumberland County Sheriff's Office is marked Exhibit "C", attached hereto and made a part hereof. Respectfully submitted, DATED: 11 ? 7 17 James, Smith, Durkin & BY: r Scott A. ietterick, Esquire Attorneys for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this .??Qay of 1999. Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL ¦d1 W ELLIOTT, NOTARY PUBLIC NUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIKS JUNE 9, 2003 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF OCT I. 3 1999 t CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/it/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant. NO.: 1999-04982 ORDER OF COURT AND NOW, this j4: Lday of (?Ct& , 1999, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service being valid and complete upon such posting and mailing in accordance with Pa.R.C.P. 430. BY THE COURT: J. EXHIBIT "B" 1/ 10I BMwjcm: I also Msh to receive the •C°^p'I.11'"e1 wN 'WeIr Ioul.., 9.N..rtl • •e Id owing services (for an o lim .EEr.., arilM rwwN Ol pv[lamwllul'x. [wrlum Nn N N •Yrml W U l ee): awa y au ew ,v-to lM hwl0 Te.0. . cn IN Na I1 w.w M. N1 • A a tl r 1. D AOOressea s Address 1 o . lm l .Wm. AVlum n.c of n.o[vr eon m. nape ImAN m..rw. n~ 2. 0 Reshiclea Delivery eRp R.c.pl.e vw. o.rom M..mo... aoh_rw.w I,...1. Consult poslmeslor for lee. Ti 3. AIM, Atleremae le: aa. AndO N umber a (.LVC;?.J?".'IZti tU+C, `( f 4h. 5enoce Type E3 R l l tlcertified = 0.A'?r1lL. P,d )G)' s era ag ?Exprese Mell ?Insured p; _c° ? llelum RaearforMmchardw ? COD 7. Dale of Delivery a 0 5. ReaNetl By: (Pnnl Neme) B. Atlbrwsee'e Atltlress (Only it requesletl S. fee is pad) m B. Signature; (ACCressee aApan) X I PS Fom13811, December 19M maesesooae Domestic Return Receipt M N N R 7 o ?? o wN .LOc? a?oC+'CO yam. y I 3 r }? fA M 3 °m 9 d 1 E CC ¢ F y •' O Z Z P 6 ? (1 m ? Q E Z 9 9 ma y. ? C N N G Ep Y U N r3 ,& Ak A&k A&116, I, U Or J 0 r rr ?vw mr J 1 LL a z z u R i 0 t n- S a w f yQ i (C 4 O N z? ai y c ? h rPi h .1 m ? H2 il, ?m zRm 00 00 nH at. o? as a 0 n O O ' u u 0 0 - z z 5 AL 0& 0& A& A&- I EXHIBIT 6U SHERIFF'S RETURN - REGULAR CASE NO: 1999-04982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS. NOCHO JANET B HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMP/MORT-FORE was served upon NOCHO JANET B the defendant, at 14:40 HOURS, on the 27th day of October 1999 at 34 EAST LOCUST AVENUE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to POSTED PROPERTY a true and attested copy of the REINSTATED COMP/MORT-FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Posting 6.00-? ?.21 Surcharge 8.00 A 'I oma ?in??SFi?rifP $ . JJAIES, SMITH, DURKIN 1029/1999 by -ce ra u e Sworn and subscribed to before me this day of 19 A. D. r o o ar ? ? } C-. 1 + s _ ; .? ; Y??'. ? ?? _ , ?i_ -? ? .... ? 'J ? lL- - CC% ' "-?- ?:.: 1: ` ?? U p IN THE COURT OF COMM PLEAS OF CUMBERLAND COUNTY, PEMEMVANIA CIVIL DIVISION Allfirst BAnk, f/k/a Dauphin Deposit : File No. 1999-04982 Civil Bank and Trust company,' 23,399.50 Plaintiff : Amount Due V. . Interest from 771afe/2Y99 to d o a1 $771.68 Janet B. Nocho, Defendant : Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) Janet B. Nocho PRAECIPE FOR ATTACM Nf EXECUTICN Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee( ) as a lis pendens against real estate of the defendant(s) described in the attached @ DATE: G/I 3 7 Signature: Print Name: Scott A. Dietterick, Esquire Address: P.O. Box 650 Hershey, PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID Nb.: 55650 ? a , T w •;tiro L14Tm adi09psd a4pzedes 9TT3 '4T-Tm xaput oy •4szT ;O sardoo =no3 TTddns '4STT dlTeuoszad dc{46uaT 91 '(6ZT£ 'ON 'd'J'21pd) dTLTs.raumO 90 4TnepT33p 3o Adoo pup Teui6tio Ue pup s4uaMACadurr 6urpnToUT UOT;dTaosap 3o satdoo xzs ATddns 'A4aadoad Teas ;i :sa4oN I LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue, 15 feet more or less, to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet 1 inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his wife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet 1 inch, more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. i a? 8? . 1r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, I7k/u DAUPHIN DEPOSIT CIVIL DIVISION 13ANK AND TRUSTCOMPANY, Plaintiff. NO.: 1999-04982 VS. JANET B. NOCHO. Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Allf irst Bank, f/Wa Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 34 East Locust Avenue, Carlisle, Cumberland County, Pennsylvania 17013: Name and Address of Owner(s) or Reputed Owner(s): JANET B. NOCI-10 34 East Locust Avenue Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: JANET B. NOCI-10 34 East Locust Avenue Carlisle, PA 17013 3. Name and Address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT Plaintiff BANK AND TRUST COMPANY 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT Plaintiff BANK AND TRUST COMPANY 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. §4904 relating to unswom falsification to authorities. JAMES, SMIT D CONNELLY LLP BATED: Z 1 -3 L BY: Scott A Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Ci? .? Q r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff. VS. JANET B. NOCHO, Defendant. NO.: 1999-04982 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Janet B. Nocho 34 East Locust Avenue Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 1, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 34 East Locust Avenue Carlisle, PA 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-04982 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Janet B. Nocho A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 1?013 (717) 240-6200 THE LEGAL. RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: BY: Scott A. Diettehck, Esquire Pa. I.D. 955650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA ORDER OF COURT V LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue, 15 feet more or less, to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet 1 inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his wife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet 1 inch, more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, fk/a DAUPHIN DEPOSIT : BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: 1999-04982 ORDER OF COURT OCT 1 3 1999;/ AND NOW, this 14 t. day of (0,, 1999, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said serviop .. I , in accordance with Pa.R.C.P. 430. BY THE COURT: J. •? a STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. I, -_Robert -------------------------------------------------------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- C H Residential Properties L L C -----------------------------------------------------------------------------°----- is the grantee 1st the same having been sold to said grantee on the _______________________________________________ day of March A D 2000 ------ --------------------------- under and by virtue of a writ_________ ------- ----- Execution issued on the ---- - th ------------------------------------------------ --------------------------- y of -______-December ---------- -- A. D., 19__-__ 99 da out of the Court of Comman Pleas of said County as of Civil 99 --------------------------------------------------------------------------------- Term,19------- Number 4982-------- at the suit of___ Allfirs - t - Bank fka Dauphin Dep Bk 6 Tr Co ---------------------------------------------------- Janet B Nocho ----------------------------------- against---------------------------------------------------- is 217 997 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 ------- =- ------------ A.9.,i3_e?o? ------------ ---- o f Deeds Reeerder of D"ds. Cumbedsnd Couatr, Csdbla PSI My cemmissw upiras ft Fiat Yondsy d Jas 2= Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company -vs- Janet B. Nucho In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-4982 Civil David McKinney, Deputy Sheriff, who being duly sworn according to law, says on January 7,2000 at 8:36 o'clock A.M. EDST, he posted a copy of real Estate Writ Notice Poster and Description on the property of Janet Nocho located at 34 Locust Avenue, 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 Sheirff mailed a notice of the pendency of the action to the defendant Janet Nocho by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to her last known address 34 Locust Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of January 4, 2000 and returned to the Sheriff's Office on January 6, 2000 with reason checked Moved Left No Address. 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 Janet Nocho by regular mail to her last known address 34 East Locust Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of January 7, 2000 and returned to the Sheriff's Office on January 18, with reason checked MOVED LEFT NO FORWARDING ADDRESS. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Courthouse, Carlisle, Cumberland County, Pennsylvania on March 1, 2000 at 10:00 o'clock A.M. EST and sold the same to Attorney Scott Dietterick for C.H. Residential Properties, L.L.C. It being the highest bid and best price received for the same C.H. Residential Properties L.L.C. being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 603.38 it being costs. Sheriffs Costs: Docketing 30.00 Poundage 11.83 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 6.94 Levy 15.00 Surcharge 16.00 Law Journal 209.60 Patriot News 162.83 Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me 25.08 25.00 26.50 $ 603.38 Pd By Atty 3/16/00 This !nA Day of 2000, AXQ Q ?, +? P othonotary SJ?Aw R. Thomas Kline, Sheriff BY ?? Real Estate Deputy 0-1 Gj-^Xl? I. ch.'?) -7d81 uk. ?3733 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, NO.: 1999-04982 vs. JANET B. NOCHO, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 34 East Locust Avenue. Carlisle, Cumberland County, Pennsylvania 17013: Name and Address of Owner(s) or Reputed Owner(s): JANET B. NOCHO 34 East Locust Avenue Carlisle. PA 17013 2. Name and Address of Defendant(s) in the Judgment: JANET B. NOCHO 34 East Locust Avenue Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT Plaintiff BANK AND TRUST COMPANY 4. Name and Address of the last record holder of every mortgage of record: ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT Plaintiff BANK AND TRUST COMPANY 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. JAMES, DATED: I I- /I ? [" l BY: CONNELLY LLP Scott A7 Dietterick, Esquire Pa. I.D.#55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/IJa DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY. Plaintiff. VS. JANET B. NOCHO, Defendant. NO.: 1999-04982 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Janet B. Nocho 34 East Locust Avenue Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 1, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 34 East Locust Avenue Carlisle, PA 17013 Cumberland County i The JUDGMENT under or pursuant to which you, property is being sold is docketed to: No. 99-04982 Civil Tenn THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Janet B. Nocho A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 i THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: BY: / Scott A. Dtietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA ORDER OF COURT i LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue, 15 feet more or less, to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet I inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his wife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet 1 inch, more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. IN THE COURT OF COMMON PLEAS OF %T I '," CUMBERLAND COUNTY, PENNSYLVANIA 3 1999 ALLFIRST BANK, f1k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, NO.: 1999-04982 vs. JANET B. NOCHO, Defendant. ORDE COURT ANDNOW,this /4?`'.day of (L1?rt? 1999, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service heina „ ra a ____ , . in accordance with Pa.R.C.P. 430. BY THE COURT: J. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 99-4982 CIVIL>F9 MR4 CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Canpany PLAINTIFF(S) from Janet B. Nocho 34 East Locust Avenue, Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Please see attached description of property (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If propertyof the defendant(s) not levied upon an subject to attachment is found inthepossession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $23,399.50 L.L. $0.50 Fran 11/29/99 to date of sale Interest s 771 _A8 Due Prothy_ Ally's Comm Ally Paid $141.20 Plaintiff Paid Date: Deceal er 19, 1999 -- Other Costs Curtis R. Long Prothonotary, Civil Division by: - TYt,a 'L Deputy REQUESTING PARTY: Name Scott A. Dietterick, ESQ Address: P.O. Box 650 Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No. 55650 Interest in the real Pr>?Pert, Cum6arlar!d i;ounI ?., %,. u /o rn? :, '..z "A" 1,' r+ this writ ?`; (,t {J?; U.. I?ur MR 0 OW ss? wn Lz 8 1. X30 A; ;Iv 3jlli3h:i J it dC 3:)1340 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 21, 28, FEBRUARY 4, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 48 Wilt No. 1999-4982 Civil Allnrst Bank, f/k/a Dauphin Deposit Bank and Trust Company VS. Janet B. Nocho Atty.: Scott A. Dietterick LEGAL DESCRIPTION BEGINNING at a point at the divi- sion line of Nos. 34 and 36 East Locust Avenue: thence West along the South side of East Locust Ave- nue. 15 feet more or less, to the prop- erty formerly of Susan Spahr. now or fnrmeriv of Smith; thence by the ??XIL?_ Rc er M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this __L __day of FEBRUARY. 2000 ,1pTARrr1NOI.BTy LOTS E. SNIDER, Notary Pubik CorhAa Sam, Cumbulond County, PA My Commirrion Expires Match S, 2101 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Ret No. 5117, Rnoro r d Mau 16. 1929 Commonwealth of Pennsylvania, County of Dauphin) as Frank J. Ep/ar being duly sworn according to low, deposes and says: That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editionstiesues which appeared on the 25th day of January and the tat and 8th day(s) of February 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 Miscellaneous Book 'M', Volume 14, Page 317. J >- PUBLICATION COPY 8 A L E a48 11 L_ Sworn to and sub ¢ibed before me this 25th ?gy'Yo Februa 9 rg, up n my My Commission Expires June 6, 2002 48 Member, PennsyNania Association of No a ommission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE p COURTHOUSE CARLISLE, PA. 17013 c. ` Statement of Advertising Costa To THE PATRIOT-NEWS CO., Dr. l: the For publishing the notice or publication attached East long hereto on the above stated dates $ 161.33 eUly Probating same Notary Fee(s) $ 1.50 r or Total $ 182.83 Notadal Seal c I -'o Terry L. Russell, Notary Public OTAR PUBLIC Hanisbu Da hi Col r men, more or e dividing line of J.L. Hays and fisher's Receipt for Advertising Cost rtµiR tvirwrec or 'fisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general name property a receipt of the aforesaid notice and publication costs and certifies that the same have 115 (set to line THE PATRIOT-NEWS CO. be y feet conveved t o e house, 60 (eel 7 s, to the PLACE OF By .................................. DIAN as No. 34 East enue, Carlisle, DIAL ESTP.T= S?.L= i,?o 48 31,000.00Ad•:anceCosts Paid 12/20/99 Atr Scott Dieterick Assessed Valuation S 1820.00 VL'P1TivO. 99-4982 Civil Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company VS Janet B. Nocho 34 Locust Avenue Carlisle, PA PEAL DEBT INTEREST fr 11/29/99 to sale ATT'S FEES WRT COSTS ?,TTi' ESCROW LATE CH-\RG'c SHER[FF'S COSTS Dockecin2 Poundaee Posing Bills Adti•e-isinst Ac i nowled kin 2 Dee- Auctioneer - La%v t ibraro• C o unr: ?tilea2e Cert Mail Le-,y, Postpone Sale S urcharee $ 23,399.50 771.68 141.20 30.00 11.83 15.00 15.00 30.00 10.00 .50 1.00 3.10 6.94 15.00 16.00 LtMl Search Lam- Journal Patriot Share of Bills Distribution of Proce_d; Sne.,, s De!--'S STAMPS Pa. Transfer Tai; TvLT or Boro Transfer Tax T?.YES Sewer & Water 1999-2000 School Taxes 2000 County Library & Boro Taxes Tax Claim Bureau 209.60 162.83 25.08 25.00 26.50 154.21 303.70 120.39 1778.57 1 9. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, : Plaintiff, Vs. CIVIL DIVISION NO.: 1999-04982 ISSUE NO.: JANET B. NOCHO, TYPE OF PLEADING: Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT(S)/OWNER(S) AND OTHER PARTIES OF INTEREST CODE: FILED ON BEIIALF OF: Allfirst Bank. f/k/a Dauphin Deposit Bank and Trust Company, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick. Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant. NO.: 1999-04982 Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT(S)/OWNER(S) AND OTHER PARTIES OF INTEREST 1, Scott A. Dietterick, Esquire, attorney for Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant(s)/Owner(s) and Other Parties of Interest as follows: Defendant, Janet B. Nocho, is the record owner of the real property. 2. Pursuant to Order of Court, dated October 14, 1999, on or about December 14, 1999, Defendant, was served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to PaA.C.P. 3129, via certified mail, return receipt requested and regular U.S. Mail with a Certificate of Mailing, at the address of the mortgaged premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013. A true and correct copy of said Order of Court, Notice, certified mail receipt and Certificate of Mailing are marked Exhibit "A", attached hereto and made a part hereof. 3. Pursuant to the aforesaid Order, the Sheriff of Cumberland County, posted the mortgaged premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 17013 with the Notice of Sheriffs Sale. A true and correct copy of said Return of Service is marked Exhibit `B attached hereto and made a part hereof. 4. On or about January 19, 2000, Plaintiffs counsel served all other parties in interest with Plaintiffs Notice of Sheriffs Sale according to Plaintiffs Affidavit Pursuant to Rule 3129. 1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "C", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant(s)/Owner(s) and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMI;'H, DURKIN & CONNELLY Dated: BY: , Scott A. Di tterick, Esquire Pa. I.D. 455 50 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Swom to and subscribed before me this day of 14'PU61(6'G 2000. , 1. i? c C LC(I e ? Notary Public MY COMMISSION EXPIRES: NOTARIAL BEAL I NBi U um WNY PWW INIYYELAM N, DAUPHIN COUNTY, PA NY CONNISS)ON EXPIRES JUNE 8, 2000 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF 1(:T 1 .i 1999*?' CUMBERLAND COLRNTY, PENNSYLVANIA ALLFIRST BANK, f/IJa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO, Defendant. ORDER OF COURT CIVIL DIVISION NO.: 1999-04982 AND NOW, this /4' day of , 1999, upon consideration of Plaintiff's Motion for Special Service, it is hereby ORDERED, ADJUDGED AND DECREED that Plaintiff shall serve its Complaint in Mortgage Foreclosure on Defendant, Janet B. Nocho, by instructing the Sheriff of Cumberland County to POST a copy of same on the Mortgaged Premises, being 34 E. Locust Avenue, Carlisle, Pennsylvania 1701 3, and by mailing a copy to Mortgaged Premises via Certified Mail, Return Receipt Requested and First Class U.S. Mail, Postage Prepaid, with said service > P , . in accordance with Pa.R.C.P. 430. BY THE COURT: J. IN THE COURT OF COMMON Pf, AS OF CUMBERLAND COUNTY. PENNSYLVANIA ALLFIRST BANK, f/h/a DAUPHIN DEPOSIT CIVIL DIVISION BANK AND TRUST COMPANY, Plaintiff, vs. JANET B. NOCHO. Defendant. NO.: 1999-04982 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYI VANIA RULE OF CIVIL PROCEDURE 3129 Janet B. Nocho 34 East Locust Avenue Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, March 1, 2000, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 34 East Locust Avenue Carlisle, PA 17013 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 99-04982 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Janet B. Nocho A SCHEDULE OF DISTRIBUTION, being a list of the persons anti/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE. SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVECE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAW ARE: L You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse. One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, DURKIN & CONNELLY LLP DATED: BY: Scott A. Die'tteHck, Esquire Pa. I.D. #5650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA ORDER OF COURT Z 198 564 SS6 US Postal Sorvlce Receipt for Certified Mai6'-1 No Insua.ace Coverage Provided. Do not Use lot international Mall See remrso Sent to S1IW6 NeT60' post OlBCe. Sin 0,.& ZIP Code I s (-t r postage $ i .t Coddled Fee Special Delivery Fee Irelanded Delivery Foa ' v m Poleln Reeelyy verin I [a L,' VJIrom3 Da 160o Aate .Q Return Paeip S `qI Q Date, It Addle eos '• m TOTAL Postage 3?i'ne; ?,. $ M Postmark or Date U.S. POSTAL SERVICE CERTIFICATE OF MAILIN( MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NI PROVIDE FOR INSURANCE-POSTMASTER Received FNO PU:i 1i1Li{i DI;i::;SSARt POSI'M-M IT EMU) BY "-O {1llY fi50?__ .10114dtiV Ona ovc. of ordinary mail addressed to PS Form 3817, Mar. 1989 r ` LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue, 15 feet more or less, to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet 1 inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his wife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet I inch, more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. EXHIBIT "B" Allfirst Bank, f/k/a Dauphin Deposit Bank and Trust Company -vs- Janet B. Nocho In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-4982 Civil David McKinney, Deputy Sheriff, who being duly sworn according to law, says on January 7,2000 at 8:36 o'clock A.M. EDST, he posted a copy of real Estate Writ Notice Poster and Description on the property of Janet Nocho located at 34 Locust Avenue, 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 Sheirff mailed a notice of the pendency of the action to the defendant Janet Nocho by Certified Mail Return Receipt Requested, Restricted Delivery, Deliver To Addressee Only to her last known address 34 Locust Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of January 4, 2000 and returned to the Sheriffs Office on January 6, 2000 with reason checked Moved Left No Address. 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 Janet Nocho by regular mail to her last known address 34 East Locust Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of January 7,2000 and never returned to the Sheriffs Office. So and %j -0-1 17 R. Thomas Kline, Sheriff By Real Estate Deputy EXHIBIT "C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/Wa DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: 1999-04982 PURSUANT TO Pa R C P 3129(b) TO: Cumberland County Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle. PA 17013 TAKE NOTICI that by virtue of th C e above \1'rir ol'E ecution issued out of the Court of ommon Pleas ol'Cumhcrhmd CO MM. Penns lvaniu. artd to the Sherill .,l'Cumhrrland C.,Lmty. directed, there will be exposed to Public Sale in the CUMBERLAND COL,NTI' COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on March 1, 2000 at 10:00 a.m., the following described real estate which Janet B. Nocho is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of. 34 E. Locust Avenue Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on ajudgment in the action of ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff. vs. JANET B. NOCHO, Defendant(s). at EX. NO. 99-04982 Civil in the amount of $23,39950, plus interest and costs. Claims against property must be tiled at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Off ice ul'the Sheriff before distribution. Schedule of Distribution will be filed %vith the Off ice of the Sheriff no no later than thirty (30) days from the sale date. Exceptions to Di;tributionS or a Petition w .fie! :'•. ui, thr 'MIC nui,t bC I IIC(I ith the O(i ice ol•the Sheril'I'no later than ten (10) days front the Office of the Sheriff date her Schedule of Distribution is filed in the . If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attornev as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LLP l ? Dated: I 1 ty? By:- Scott A. ietterick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue, 15 feet more or less. to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet I inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his v:ife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet I inch. more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. U.S. POSTAL SERVICE CERTIFICATE OF MaallvIU. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NC E FOR INSURANCE-POSTMASTER PROVID Received F,om: NO POSTAGE NECESSARY r? t POSTAGE PREPAID BY ' l JAMES, SMITH, DURKIN & CON LYL P PC) Rox 650 - HERSHEY, PENNSYLVANIA 17033?0650 ,One piece of a,tlinary mail etltlra4tetl to: ill 1 I ? I ? (1",'I I I 1 I A l i i 1/ A I i ??1 I(I?II ?It? IL_d .?/? !?? LI PS Form 3817, Mar. 1989 e. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, CIVIL DIVISION Plaintiff, vs. JANET B. NOCHO, Defendant. NO.: 1999-04982 PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland COMM COLIrdleuSe One Courthouse Square Carlisle, PA 17013 TAKE NO'T'ICE that by virtue of the above Writ of Execution issueCI out of the Court of' Common Picas ol'Cumberlancl Counq'• Pcnns? l nnia. and to the Sheriffof Cumberland County. directed. there will be exposecl to Public Sa1C in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle. Pennsylvania 17013 on March 1, 2000 at 10:00 a.m., the followin. described real estate which Janet B. Nocho is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of. 34 E. Locust Avenue Carlisle, Pennsylvania 17013 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of ALLFIRST BANK, f/k/a DAUPHIN DEPOSIT BANK AND TRUST COMPANY, Plaintiff, VS. JANET B. NOCHO, Defendant(s). at EX. NO. 99-04982 Civil in the amount of $23,399.50, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be tiled with the Office of the Sheriff no later than thirty (30) davs from tite sale date. Exceptions to Distributions or a Petition of to .tint :\sidc the Sale must be tiled «ith [he Office Office the of the Sheriff no l Sheriff. later than ten (10) days ti•ont the date when Schedule of Distribution is filed in the If you have any questions or comments with reeard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLY LLP Dated: By: V Scott . Dquire PA ID #556 50 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION BEGINNING at a point at the division line of Nos. 34 and 36 East Locust Avenue; thence West along the South side of East Locust Avenue. 15 feet more or less, to the property formerly of Susan Spahr, now or formerly of Smith; thence by the same South 80 feet I inch, more or less to a fence, the dividing line formerly of property of J.L. Hays and Irene V. Mays, his wife, now or formerly of Herbert R. Wirrick, thence along the last named property in a an easterly direction 15 feet to line of property about to be conveyed to Louis R. Werdebach and wife; thence by the last named property North, through the middle of partition wall of a double frame house, 80 feet I inch, more or less, to the PLACE OF BEGINNING. BEING KNOWN as No. 34 Eat Locust Avenue, Carlisle, Pennsylvania. U.S. POSTAL SERVICE CERTIFICATE OF MAILINF MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOE5 N% PROVIDE FOR INSURANCE-POSTMASTER Received From: NU POSTAGE NECESSARY POSTAGE PREP4IU BY JAMES, SMITH, DURKIN & CON? , LY LL Re. Helf HERSHEY. PENNSYLVANIA 17033-0650 jOee Place of ord i erv mail addressed to '^ I r. ln, ?1) ? .l, i 111 l?l r i ??a •";:` ? 1 ;`?tl''ll PS Form 3817, mar. 19139 I'iuC m a r r• ft. if: ? -; . ?. '. ii: , ?i . ?? `• (q n; ? j ? ` -? ? ?' I- ? _ ..? ? O C] V