HomeMy WebLinkAbout99-05353
h
vJ
v
.i
V
in
I C()
fl)
14)
07
:OF CUMBERLAND COUNTY, PENNSYLV
VS.
:NO. 99 - j51 CIVIL TERM
Paul E. Ricci,
Defendant :PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following papers, you must appear at the hearing scheduled
herein. if you fail to do so, the case may proceed against you and a FINAL
Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose
other important rights.
A hearing on this matter is scheduled for the1 M A day of
September, 1999, at A :IS .m., in courtroom No, ,Lof the Cumberland County
Courthouse, Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or
terminated by the court after notice and hearing. If you disobey this Order,
the police may arrest you. Violation of this Order may subject you to a
charge of indirect criminal contempt which is punishable by a fine of up to
$1,000.00 and/or up to six months in jail under 23 Pa.C.S. 56114. Violation
may also subject you to prosecution and criminal penalties under the
Pennsylvania Crimes Code. Under federal law, 18 U.S.C. 52265, this Order is
enforceable anywhere in the United States, tribal lands, U.S. Territories and
the Commonwealth of Puerto Rico. If you travel outside of the state and
intentionally violate this order, you may be subject to federal criminal
proceedings under the Violence Against Women Act, 18 U.S.C. S2261-2262.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT
TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER,
APPOINT A LAWYER FOR YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to
comply with the Americans with Disabilities Act of 1990. For information
about accessible facilities and reasonable accommodations available to
disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or
hearing.
Tracy A. Shreiner,
Plaintiff
Va.
Paul E. Ricci,
Defendant
:IN THE COURT OF COMMON PLEAS
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - ? 3 S-3 CIVIL TERM
:PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name: Paul E. Ricci
Defendant's Date of Birth: 12/30/67
Defendant's Social Security Number: 185-62-2323
Name of Protected Person: Tracy A. Shreiner
AND NOW, this Z-L/- day of k/e, 1999, upon
consideration of the attached Petition for Protection from Abuse, the court
hereby enters the following Temporary Orders
® 1. Defendant shall not abuse, harass, stalk or threaten any of the above
persons in any place where they might be found.
? 2. Defendant is evicted and excluded from Plaintiff's residence located at
Cumberland County, Pennsylvania, (a residence which is jointly owned/leased
by the parties; owned/leased by the entireties; owned/leased solely by
Plaintiff/Defendant to which Plaintiff and the minor child/ren moved to avoid
abuse, which is not owned or leased by the Defendant, or any other permanent
or temporary residence where Plaintiff may live. Plaintiff is granted
exclusive possession of the residence. Defendant shall have no right or
privilege to enter or be present on the premises, except for the limited
purpose of transferring custody of the parties' child/ren. Defendant shall
remain in his vehicle at all times during the transfer of custody.)
® 3. Defendant is prohibited from having ANY CONTACT with Plaintiff at any
location, including, but not limited to any contact at Plaintiff's place of
employment located at Senate Pennsylvania, Room 185, Main Capitol Building,
Harrisburg, Pennsylvania. Defendant is specifically ordered to stay away from
the following locations for the duration of this Orders Plaintiff's residence
located at 422C North Enola Drive, Boole Cumberland County, Pennsylvania, a
residence which is leased solely by Plaintiff and any other residence
Plaintiff may establish.
® 4. Defendant shall not contact Plaintiff by telephone or by any other
means, including through third persons.
? 5. Pending the outcome of the final hearing in this matter. Plaintiff is
awarded temporary custody of the following minor child/ren: ,;
Until the final hearing, all contact between Defendant and the child/ren shall
be limited to the following:
The local law enforcement agency in the jurisdiction where the child/ren are
located shall ensure that the child/ren are placed in the care and control of
Plaintiff in accordance with the terms of this order.
? 6. Defendant shall immediately relinquish the following weapons to the
Sheriff's Office or a designated local law enforcement agency for the delivery
to the Sheriff's Office:
Defendant is prohibited from possessing, transferring or acquiring any other
weapons for the duration of this order.
® 7. The following additional relief is granted:
The Cumberland County Sheriff's Department shall attempt to make service
at Plaintiff's request and without pre-payment of fees, but service may be
accomplished under any applicable Rule of Civil Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service. The Prothonotary shall not send a copy
of this Order to Defendant by mail.
This Order shall remain in effect until modified or terminated by the
Court and can be extended beyond its original expiration date if the Court
finds that Defendant has committed another act of abuse or has engaged in a
pattern or practice that indicates continued risk of harm to Plaintiff.
Defendant is enjoined from damaging or destroying any property owned by
Plaintiff.
Defendant is to refrain from harassing Plaintiff's relatives.
® S. A certified copy of this order shall be provided to the police
department where Plaintiff resides and any other agency specified hereafter:
The East Pennsboro Police and the Harrisburg/Capitol Police Departments.
? 9. THIS ORDER SUPERSEDES O ANY PRIOR PFA ORDER AND ? ANY PRIOR ORDER
RELATING TO CHILD CUSTODY
® 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT
UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE TO DEFENDANT
Defendant is hereby notified that violation of this order may result in
arrest for indirect criminal contempt, which is punishable by a fine of up to
$1,000.00 and/or up to six months in jail. 23 Pa.C.S. 56114. Consent of
Plaintiff to Defendant's return to the residence shall not invalidate this
Order, which can only be changed or modified through the filing of appropriate
court papers for that purpose. 23 Pa.C.S. 56113. Defendant is further
notified that violation of this Order may subject him/her to state charges and
penalties under the Pennsylvania Crimes Code and to federal charges and
penalties under the Violence Against Women Act, 18 D.S.C. fS 2261-2262. Any
protection order granted by a court may be considered in any subsequent
proceedings, including child custody proceedings, under title 23 (Domestic
Relations) of the Pennsylvania Consolidated Statutes.
NOTICE TO LAN ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over
Plaintiff's residence OR any locations where a violation of this order occurs
OR where Defendant may be located. If Defendant violates Paragraphs 1 through
6 of this Order, Defendant may be arrested on the charge of indirect Criminal
Contempt. An arrest for violation of this Order may be made without warrant,
based solely on probable cause, whether or not the violation is committed in
the presence of law enforcement.
Subsequent to an arrest, the law enforcement officer shall maize all
weapons used or threatened to be used during the violation of this Order OR
during prior incidents of abuse. Weapons must forthwith be delivered to the
Sheriff's office of the county which issued this Order, which office shall
maintain possession of the weapons until further Order of this Court, unless
the weapon/s are evidence of a crime, in which case, they
shall remain with the law enforcement agency whose officer made the arrest.
BY THE COURT,
Judge
-,
..?_,
Tracy A. Shreiner, :IN THE COURT OF COMMON PLEAS
Plaintiff
:OF CUMBERLAND COUNTY, PENNSYLVANIA
VS.
:NO. 99 CIVIL TERM
Paul E. Ricci, ,
Defendant :PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiff's name is Tracy Ann Shreiner
2. The name of the person who seeks protection from abuse is
Tracy A. Shreiner
3. Plaintiff's address is 422C North Enola Drive, Enola,
Pennsylvania.
4. Defendant is believed to live at 6220 Evelyn Street,
Harrisburg, Pennsylvania.
Defendant's Social Security Number is unknown to Plaintiff.
Defendant's date of birth is 3/31/62.
Defendant's place of employment is House of Representatives,
215 Main Capital Building, Harrisburg, Pennsylvania.
5. Defendant has had an intimate relationship with the
plaintiff.
6. The facts of the most recent incident of abuse are as
follows:
On or about August 17, 1999, Defendant became angry,
picked up a wooden chair, and threw it at Plaintiff. As a result
of the abuse, Plaintiff suffered a bruised, swollen, and
scratched arm. Plaintiff called East Pennsboro police and
harassment charges were filed.
7. Defendant has committed the following prior acts of abuse
against Plaintiff:
On or about August 15, 1999, Defendant called Plaintiff
multiple times throughout the day and night. He left messages on
her answering machine demanding to know where she had been; he
screamed at her if she picked up the phone, and if she did not
answer, he let the phone ring incessantly, one time for twenty
minutes.
-1
In or about the beginning of August 1999, Defendant
became angry, hit Plaintiff in the head as she drove the car, and
pulled on the emergency brake causing the car to skid,
exacerbating Plaintiff's fear for her safety.
On or about April 16, 1999, Defendant shoved Plaintiff
causing her to fall to the floor, sat on top of her, and punched
her in the arms, legs, ribs, hand and mouth. Plaintiff sought
medical treatment at Community General Osteopathic Hospital for
bruises and split lip.
Since 1993 Defendant has abused Plaintiff in ways
including the following: pulled Plaintiff's hair, punched,
grabbed, and pushed, and threatened to kill her.
B. The following police departments or law enforcement agencies
in the area in which Plaintiff lives should be provided with a
copy of the Protection Order: The East Pennsboro Police and the
Harrisburg/Capitol Police Departments.
9. There is an immediate and present danger of further abuse
from the Defendant.
WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A
TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
A. Restrain Defendant from abusing, threatening,
harassing, or stalking Plaintiff in any place where
Plaintiff may be found.
B. Prohibit Defendant from having any contact with
Plaintiff, either in person, by telephone, or in writing,
personally or through third persons, including, but not
limited to, any contact at Plaintiff's place of employment,
and Plaintiff's residence.
C. Prohibit Defendant from having any contact with
Plaintiff's relatives.
D. Order Defendant to pay the costs of this action,
including filing and service fees.
E. Order Defendant to reimburse a Legal Services funding
source for the value of the legal services provided to
Plaintiff.
F. Order the following additional relief, not listed
above:
a. The defendant is enjoined from damaging or
destroying any property owned solely by the plaintiff.
b. The defendant is to refrain from harassing the
plaintiff's relatives.
G. Grant such other relief as the court deems appropriate.
H. Order the police or other law enforcement agency to
serve the Defendant with a copy of this Petition, any Order
issued, and the Order for Hearing. The petitioner will
inform the designated authority of any addresses, other than
Defendant's residence, where Defendant can be served.
Plaintiff prays for such other relief as may be just
and proper.
Respectfully submitted,
/'tyoan Carey
Attorney for Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 293-9400
Dated: / - / 7 j?
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts and
statements contained in the above Petition are true and correct to the best of my knowledge. 1
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unsworn falsification to authorities.
Dated: I u 9 ' Q L?l ?'tlli/
Tracy A. Shr, ner, Plaintiff
Q-
`i
a
.1
r.r
r U
TRACY A. SHREINER,
PLAINTIFF
vs.
PAUL E. RICCI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 5353 CIVIL TERM
PROTECTION FROM ABUSE
ORDER FOR CONTINUANCE
40
AND NOW, this L3 d y of September, 1999, upon consideration of the attached Motion
for Continuance, the matter scheduled for hearing on September 10, 1999, by this Court's Order of
September I, 1999, is hereby rescheduled for hearing on t 1r F w . 4 i 1999, at ` 'eb ,m.
in Courtroom No. 5.
This Order is entered without prejudice to either party to request a hearing.
The Temporary Protection From Abuse Order shall remain in effect for a period of one year
from the date it was entered or until further Order of Court, whichever comes first.
Certified copies of this Order for Continuance will be provided to the East Pennsboro and
Capital Area Police Departments by the plaintiffs attorney.
By the Court
Edward E. Guido, Judge
Joan Carey
LEGAL SERVICES, INC.
Attorney for Plaintiff d ?''
TRACY A. SHREINER,
PLAINTIFF
VS.
PAUL E. RICCI,
DEFENDANT
IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 5353 CIVIL TERM
PROTECTION FROM ABUSE
MOTION FOR CONTINUANCE
The Plaintiff, Tracy Shreiner , by and through her attorney, Joan Carey of Legal Services,
Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the
grounds that:
A Temporary Protection From Abuse Order was issued by this Court on September
1, 1999, scheduling a hearing for September 10, 1999, at 8:15 a.m.
The Cumberland County Sheriffs Department served Defendant with a certified copy
of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his
residence located at 6220 Evelyn Street, Harrisburg, Pennsylvania, on September 8, 1999.
3. The parties agree that the hearing be rescheduled to afford them time to negotiate a
consent agreement.
4. The Plaintiff requests that the Temporary Protection From Abuse Order remain in
effect for a period of one year from the date it was entered or until further Order of Court, whichever
comes first.
5. Certified copies of the Order for Continuance will be provided to the East Pennsboro
and Capital Area Police Departments by the attorney for the Plaintiff.
WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this
matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a
period ofone year from the date it was entered or until further Order ofCourt, whichever comes first.
Respectfully submitted,
oari Carey, Attorney r Plaintiff
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
?" c ?':
i ' ?
..
- ,-_?
O
Tracy A. Shreiner,
Plaintiff
VS.
Paul E. Ricci,
Defendant
:IN THE COURT OF COMMON PLEAS-
:OF CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99-5353 CIVIL TERM
:PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendant's Name: Paul E. Ricci
Defendant's Date of Birth: 3/31/62
Defendant's Social Security Number: Unknown to Plaintiff
Names of the Protected Person: Tracy Shreiner
AND NOW, this _2.r?7 day of September, 19 9.1, the court having
jurisdiction over the parties and the subject-matter, it is
ORDERED, ADTUDdED, and DECREED as follows:
Plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.;
Defendant is unrepresented but is aware of his right to have a as
attorney. The parties agree that the following may b entered an order of Court. Defendant, although agreeing that an order
may be entered, does not admit to the allegations made in the
Petition.
? Plaintiff's request for a Final Protection Order is denied OR
® Plaintiff's request for a Final Protection Order is granted.
® 1. Defendant shall not abuse, stalk, harass, or threaten
Plaintiff or any other protected person in any place where they
might be found.
? 2. Defendant is completely evicted and excluded from the
residence at *[NONCONFIDENTIAL ADDRESS FROM WHICH DEFENDANT IS
EXCLUDED] or any other residence where Plaintiff may live.
Exclusive possession of the residence is granted to Plaintiff.
Defendant shall have no right or privilege to enter or be present
on the premises.
? On [Insert date and time], Defendant may enter the residence
to retrieve his/her clothing and other personal effects, provided
that Defendant is in the company of a law enforcement officer
when such retrieval is made.
® 3. Defendant is prohibited from having ANY CONTACT with
Plaintiff at any location, including, but not limited to any
contact at Plaintiff 'a place of employment located at the Senate
Pennsylvania, Room 185, Main capital Building, Harrisburg,
Pennsylvania. Defendant is specifically ordered to stay away
from the following locations for the duration of this Orders
Plaintiff's residence located at 422C North Enola Drive, Snola,
Cumberland County, Pennsylvania, and any other residence
Plaintiff may establish.
0 4. Defendant shall not contact Plaintiff by telephone or by
any other means, including third parties.
? 5. Custody of the minor children, (names of the children
subject to the provision of this paragraph) shall be as follows:
[state to whom primary physical custody awarded; state terms of
partial custody or visitation, if any] (or see attached Custody
Order)
? 6. Defendant shall
Office, or to a local
Sheriff's Office, the
used by Defendant in
minor child/ren:
immediately turn over
law enforcement agency
following weapons used
n act of abuse against
co the Sheriff's
for delivery to the
or threatened to be
Plaintiff and/or the
? 7. Defendant is prohibited from possessing, transferring or
acquiring any other weapons for the duration of this order. Any
weapons delivered to the sheriff under Paragraph 6 of this order
or under Paragraph 6 of the Temporary order shall not be returned
until further order of Court.
® S. The following additional relief is granted as authorized
by 56108 of this Act:
a. This order shall remain in effect until modified or
terminated by the Court and can be extended beyond its original
expiration date if the Court finds that Defendant has committed
another act of abuse or has engaged in a pattern or practice that
indicates continued risk of harm to Plaintiff.
b. Defendant is enjoined from damaging or destroying any
property owned solely by Plaintiff.
C. Defendant is to refrain from harassing Plaintiff's
relatives or the minor child.
d. The court costs and fees are waived.
? 9. Defendant is directed to pay temporary support for [insert
the names of the persons for whom support is to be paid]
as follows: [insert amount,
frequency and other terms and conditions of the support order]
This Order for support shall remain in effect
until a final support order is entered by this Court. However,
this Order shall lapse automatically if Plaintiff does not file a
complaint for support with the Court within fifteen days of the
date of this order. The amount of this temporary order does not
necessarily reflect Defendant's correct support obligation, which
shall be determined in accordance with the guidelines at the
support hearing. Any adjustments in the final amount of support
shall be credited, retroactive to this date, to the appropriate
party.
? 10. The costs of this action are waived as to Plaintiff and
imposed on Defendant.
? 11. Defendant shall pay $* to Plaintiff as compensation for
Plaintiffs out-of-pocket losses, which are as follows:
OR
? Plaintiff is granted leave to present a petition, with
appropriate notice to Defendant, to (insert the name of the judge
or court to which the petition should be presented) requesting
recovery of out-of-pocket losses. The petition shall include an
exhibit itemizing all claimed out-of-pocket losses, copies of all
bills and estimates of repair, and an order scheduling a hearing.
No fee shall be required by the Prothonotary's office for the
filing of this petition.
? 12. BRADY INDICATOR
1.0 Plaintiff or protected person(s) is a spouse, former spouse,
a person who cohabitates or has cohabited with Defendant, a
parent of a common child, a child of that person, or a child of
Defendant.
2.0 This Order is being entered after a hearing of which
Defendant received actual notice and had an opportunity to be
heard.
3.11 Paragraph 1 of this order has been checked to restrain
Defendant from harassing, stalking, or threatening Plaintiff or
protected person(s).
4.0 Defendant represents a credible threat to the physical
safety of Plaintiff or other protected person(s) OR
? The terms of this Order prohibit Defendant from using,
attempting to use, or threatening to use physical force against
Plaintiff or protected person that would reasonably be expected
to cause bodily injury.
® 13. THIS ORDER SQPERCEDES ® ANY PRIOR PFA ORDER AND ? ANY
PRIOR ORDER RELATING TO CHILD CUSTODY.
0 14. All provisions of this order shall expire in one year.
NOTICE TO DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS.
23 PA.C.S. 56114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS
ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF
COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF
PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION, 18 U.S.C.
52265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL
PROCEEDINGS UNDER THAT ACT. 18 U.S.C. 55 2261-2262. IF
PARAGRAPH 12 OF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECT
TO FEDERAL PROSECUTION AND PENALTIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACTION, 18 U.S.C. 5922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMXUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over Plaintiff?a residence
OR any location where a violation of this order occurs OR where
Defendant may be located, shall enforce this Order. An arrest
for violation of Paragraphs 1 through 7 of this order may be
without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23
Pa.C.S. 56113.
Subsequent to an arrest, the police officer shall seize all
weapons used or threatened to be used during the violation of the
Protection Order or during prior incidents of abuse. The [insert
the appropriate name or title) shall maintain possession of the
weapons until further order of this Court. When Defendant is
placed under arrest for violation of the Order, Defendant shall
be taken to the appropriate authority or authorities before whom
Defendant is to be arraigned. A "Complaint for Indirect Criminal
Contempt" shall then be completed and signed by the police
officer OR Plaintiff, Plaintiff fIs presence and signature are not
required to file the complaint.
If sufficient grounds for violation of this Order are
alleged, Defendant shall be arraigned, bond set and both parties
given notice of the date of the hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
.6I?// (
a? r !LLC L ??/GCc
Tracy A Shreiner Paul E. Ricci
Plainti f Pro Se Defendant
n Carey
Attorney for Plaintiff
BY THE COURT
Q
_ N >-
fl
<'1 , C
C
? YA
y
b
h
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-05353 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHREINER TRACY A
VS.
RICCI PAUL E
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: RICCI PAUL E
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania.
to serve the within PROTECTION FROM ABUSE
On September 20th, 1999 , this office was in receipt of
the attached return from DAUPHIN County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 8.00 omas in S er
DEP. DAUPHIN CO 25.50
0 09/20/1999
Sworn and subscribed o before me
this 1u day of
19? A.D.
rotlon alr
W£ ttE if E Prt#f
Man Jane Snyder ?
Real Fstalc lkputy ;^2T,
William T. Tully f
Solicitor
Dauphin County
Harrisburg. Pennsylvania 17101
ph:(717)233•2660 tas:(717)253•2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
SHREINER TRACY A
vs
• RICCI PAUL E
Sheriff's Return
No. 1866-T - - -1999
OTHER COUNTY NO. 99-5353
Ralph G. McAllister
Chief lkputy
Michael W. Rinehart
Assistant Chief lkputy
AND NOW: September 8, 1999 at 10:04PM served the within
PROTECTION FROM ABUSE
RICCI PAUL E
upon
by personally handing
to DEFT 1 true attested copy(ies)
of the original PROTECTION FROM ABUSE and making known
to him/her the contents thereof at 6220 EVELYN ST
HARRISBURG, PA 17103-0000
Sworn and subscribed to
before me this 9TH day o& }SEPTEMBER, 1999
1(
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
By /)17,e -4 4(l `e'y ?.
Deputy Sheriff
Sheriff's Costs: $0.00 PD 00/00/0000
RCPT NO
MS/LC
In The Court of Common Pleas of Cumberland County, Pennsylvania
Tracy A. Shreiner
VS.
Paul E. Ricci
No. 99-5353 Civil
Now, 9 / 2 / 9 9 , 19_, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to _
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this_ day of , 19
19_, at o'clock M. served the
copy of the original
County, PA
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
S
09/02/99 THU 15:08 PAX 717 Zen amen
--- -- uumu w rKWHUNUTARY ®001
iss TX REPORT sss
TRANSMISSION OK
TX/RX NO 1472
CONNECTION TEL 92490779
CONNECTION ID
ST. TIME 09/02 15:03
USAGE T 04'31
PGS. 10
RESULT OK
&. 99. 3-3 sY m 40 T•--
nl"i 2r1 -t9P171 11: 31 rr0!I Poral Pros. rirfNlt) n, Of- in 1509,1772.1•1: r',fC 11
I!{!{{{{{I{F{!R{of?{ {r{Ir!{"{'{Sn{n!!^lt'9P£S{I!{{E>wn{ ,t,N? {<1!it:i{{?ivtnl) nn,prrrcl
FOR TO lr. URSt crrccT Or 111[ use or tins
room. r.A4gl11 T Vol pt I MHgr"
It
M,lnfnnahanr,'.0nnnl Cud.
MECHANIC'S LIEN a CAVEATow. T.r.E.01tl R11..lPlm,lbMel,t", It
It
C..
c.01 UILI.Iwll u.en 0,0 Fpnn,loh.m¢Urn.
Pennsylvania
STATFOf'IOWA-,-,__-Cumberland COUNTY. 99!
I, flip. undersigned aflianl, (who is bookkeeper (of) file CIElknmll)
hoind duly sworn, dopme and say flint the following statement Is frue to tho bell of my knowindcre and belief, and is
made of my personal knowledge by reason of flee relationship aforesaid:
That, onthedulysselforllllit Exhibit"A'llereof,_ Food Plant Construction, Inc.
pUm^ M t1,lgpn, am a [ap011.n fwlihb6q 0,610610, Ir00'1
_ herein referred to ns the Claimant, furnished material or labor for, or pprhmnad
labor upon, Ills bulldhlg or land Gn hnpnwalnant, Allerslion, or tepah therear, stiunlRd upon, or hning Idonilcol with
ilia following described foal astale in Cmmtle r l a n d Crimfy, lnwa, In-wit*
Pennsylvania
See Attached - Parcel It 16 0212 003
Thal said items were furnished pursuant to a contract made by flip, Ilion Owner of said pronlirmr, and were
furnished by said Claimant who is (1) to contraclor thereunder, that said items were furnished beginning Ihp.
(2}hsubconlracto?
II1t__doyor--,7-ulK_ , 19 _9_9 ondpndinOan flip 33, Oily at _J.u.ly.._., 1Q 99
all as specilip.d in said statement or account hereto attached, marked txhiblt "A" and by this reference miff" pnlt
hereof, and at the resporlive dates, amounts and prices therein stnind, which said rimmint is a true and lust
statement for the Rama, after allowing all erudite and offsets thereon.
chat Knouse Foods Cooperative, Incwa,ilipnand
... _..--- Mir!-n..l._ _.... _... _...
INemq
800 Peach Gl.e0._-_I_d.)-villa Road _
i>d, 1, I gMnNl .
Peae1blen, PA 17375-0001
Icxr, tn+nl Irxr, im0il
is nnw Ilia Owner nr enirl real antatn and that Ihern is now dup. mid owing to Ihp. sold ClailTlnilt flip 01111Clpal SUnI
of $ 436, 122 .00 _ with interest thereon at 12 % per annum hnm mil nflnl Ilw
i G r day Of _Auxi" 1- 19 .y.g- . , for which suns and Interest, Ingather with rolls as
provldnd by law, said Clain atif n9R1frtn n MosrhaldrR I.lell agahlsl salt) linprovenlenl and file above dwicill id
rrnl O".•1010 upon which the Came IS Sllunlod 0
Arlingfnr Foy(d Plant Constr
SEtbsrrlb I in my presence /and sworn to bnfore file by file above name
19
A I I AGO I rXI MIT "M
Spr. 577 A
Accounting Offices, Ltd.
1320 N. W Avenue, Suite C
Yakima, WA 98902
Cary D. Ferguson, CPA p
e-mail: carvfergOaol.com P (509)457-2440
Fax (509) 457.2443
u O. A v v
Q 1 ?^ _ a P
u or.5 lit ?aw a 'd, :,?{
rn
?P3 9U :=v
°? 0 _? 0sLA?r s„ EM cc ?ww .o
p $ r „ N
c LA C y?? J C yl ?j Lu pl Zw G?
0'. : 01 CI ? N ? y G 6 ? C _
0 41
1D 0
Q
13
q ^, [)1 f0
CI P O Ol ?yy m Q w J
O t) y C? w ? C a? N fY .. u
Z ?• tr U ^2 m U^ y O ?P.. C Wp " 1 i
po G ?l
CN
O .w C U P
N
W
J
Z
U
WI
o.aa
o c 5 ?` a
u+ ? it a ?? 6FF 5? xaS Y
U i Hill gall
EAc?
.? pta ?isi?n
a
Ek a? ?
a
?t
1UIFp_ p, US
s,i
Exhibit A
AIA Application 019 $270,282.00
Retainage Held 165,840.00
Total Due 436,122.00
Reul Pmpfrly Tax Assessor Record: PA - knouse foods No.I
0
KnovlaXxorno
http://www.searcli Lknowx.conr/infoum...hase= I &Z=0&mrpricc=15.00&numofrec-7
Detail Record
SEARCH NEXT
SUMMARY J RECORD J
Detail Record No. 1
Information America Database:
Information Current:
Last Updated:
Filed:
REAL PROPERTY TAX ASSESSOR
through
(Updated on a HISTORICAL basis)
County:
Assessors Parcel Number:
Assessed Value (Land):
Assesed Value (Buildings):
Assessed Value (Total):
Tax Amount:
Lot Size:
Lot Depth:
Land Use:
Last Sale Book:
Last Sale Pago:
Transfer Date:
Mailing Address:
Name:
Name Type:
Cumberland
16 0212 003
$1,600
$11,940
$13,540
$2,318.05
696,960
0.
COMMERCIAL MISC
14C
381
--1996
800 PEACH GLEN-IDAVILLE ROAD
PEACH GLEN PA 17375-0001
KNOUSE FOODS CO-OPERATIVE INC
OWNER
KnowX. can help you. Try our other searches!
1 of2
'.Z
8131/99 9:36,¢M
I
z
W
a
a
it
W
V
0
a
z
O
a
V
d
CL
W ?1
r
z M
z ?
z
aF
U y9
a •?
a a
= e
IL
lap
$L
,9 E
Aga
U
W
=aM
m
g9a
N
U c m
y W
mafi
o W
IC ga
m
F
n
U.
U.
z
t;
w
a
C
W N w
a r9i
LP 1
LL , >-
w
w
z
w
W
c
O
o
m C
1 m
0
a'
10
O
LL
00
N
Q
D
U
U
E
m
c
m
U
z
O
U
z
U
H
z
W
Q
a
0.'
O
U.
z
0
a
V
J
IL
IL
a
In
W
a
cz
C
z
0
V
F-
N
z
V
m 3
co 0 M '
O
K a
O
? y
O
p
p
M m
N mm
N M
O
U
5
g
c
W
UIW-
a
cgao
f
a S ? ? ? O
w 1a ?O
a s
W C1 0 N
to O
IL w ro
m y (wq
°aazaa
S Q 000
z W
c' J C7 U
0 > OjQ-
Qy 0jUL0
QN r fV via
a N
o N
7
a
0
m
n
QU
¢ o
N
a' IV
N
m ONi t0 N
M
A
N
^
N
lV
N ui
ui
N
a
a'
w
w
U
¢ U
9 LL
a0
'w
c U
O:3 U)
W Q 0 Ix
c W p Ix
00 w
?m
O N
O
V co
N
O a, 88
N
N g
^
K ?Cp
0
m
NN
? ? N N o n
m
D O w m o m
'
'v m
N v N
a s N N Ncm
D
0 ? m
06 O
z W
U ad LA
c 0 O m
U j¢„ cm
L
a m p m
`o ff j_ U
z
' '
O e E o
F- y
j U
a m LL
E
tl U m
}u`o a ? a
m C ? .tl
s ? m
? $ t
s 8 5
w
0
w
a
z
U
w
C
(A
J
CL
x
? m
L j
O m
U m
"
z '
g c
a
m v
m
O
c
U
c
N
a
8
LL
m
m
c
y
a
U
4'
3
LL
LL
m
v
e
a
a
O
°a
`o
m
0
P.
w
i
d?
C7 ,?
:o
!. 1
1 (:
McNEES, WALLACE & NURICK j? U (? (I
100 PINE STREET . JCf.1 6k 1999\\)
HARR158URG. PA 17108
FOOD PLANT CONSTRUCTION, INC.,
Claimant
V.
KNOUSE FOODS COOPERATIVE, INC.,
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5354 MLD TERM
MECHANICS LIEN CLAIM
RULE TO SHOW CAUSE
AND NOW, this n t day of (
Q? .l(A 1999, upon
consideration of Respondent Knouse Foods Cooperative, Inc.'s
Preliminary objections to Claimant Food Plant Construction,
Inc. Is Mechanics' Lien Claim, it is hereby ordered that Claimant
Food Plant Construction, Inc. is to show cause why the mechanics'
lien claim should not be stricken and dismissed. This rule is
returnable at a hearing to be held on theL?2Lr4day of
1999, at„)=U a.cr /p.m. in courtroom
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court:
d4
__ ip-zl -99
RZK
P'd (iG-Qi F';;c
I _ T)TARY
OF
99 NT 2 l t'All 9: 42
FOOD PLANT CONSTRUCTION, INC.,
Claimant
V.
KNOUSE FOODS COOPERATIVE, INC.,
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-5354 MLD TERM
MECHANICS LIEN CLAIM
RESPONDENT'S PRELIMINARY OBJECTIONS
TO MECHANICS' LIEN LAIN
AND NOW COMES, Respondent Knouse Foods Cooperative, Inc.
(hereinafter "Krouse") by and through its attorneys, McNees,
Wallace and Nurick, and makes the following preliminary
objections to Claimant Food Plant Construction, Inc.'s
(hereinafter "Food Plant") mechanics' lien claim in accordance
with 49 P.S. §1505.
1. Food Plant filed a mechanics' lien claim in this Court
on September 1, 1999 against property owned by Knouse located in
Cumberland County, Pennsylvania. In its claim, Food Plant
alleges that Knouse owes it $436,122. Food Plant claims that it
furnished material or labor for the construction of an
improvement situated in Cumberland County, Pennsylvania. Food
Plant identifies the parcel by attaching a document printed from
the Internet World Wide Web site of KnowX.com. The printout
references a property owned by Knouse in Cumberland County which
is identified by assessor's parcel number 16 0212 003.
2. Attached to Food Plant's mechanics' lien claim is the
first page of Application and Certificate for Payment No. 19
dated August 19, 1999. The Application for Payment references a
contract dated August 28, 1998 for construction of a controlled
atmosphere storage facility to be located in Peach Glen, Adams
County, Pennsylvania, 17375. The original guaranteed maximum
price of the contract is $8,028,437.
PRELIMINARY OBJECTION ON THE BASIS THAT
THE PROPERTY IS EXEMPT OR IMMUNE FROM LIEN
3. The Mechanics' Lien Law of 1963 provides at 49 P.S.
§1505 that: "Any party may preliminarily object to a claim upon
a showing of exemption or immunity of the property from lien, or
for lack of conformity with this act."
4. On July 6, 1998, Food Plant and Knouse entered into a
Stipulation Against Liens agreement (hereinafter "Stipulation").
A copy of the Stipulation is attached hereto as Exhibit "A". The
Stipulation was filed in Court of Common Pleas for Adams County,
which is where the property upon which the work was to be
performed is located.
5. The Stipulation provides in part that:
The undersigned contractor ... known as FOOD PLANT
CONSTRUCTION, INC. ... for itself and any subcontractors,
materialmen, laborers or anyone else acting through or under
it, covenants and agrees that no mechanics or materialmen's
liens or claims shall be filed or maintained by it, them or
any of them, against the real estate described in Schedule
"A", attached hereto and made a part hereof, or against any
2
buildings or other improvements thereon (jointly and
severally, the "Real Estate"), for or on account of any work
to be done or materials furnished under the principal
contract between Owner and Contractor, dated July 6, 1998,
or under any supplemental contract, verbal or written, or
contract for extra work or materials relating to and work to
be done or material furnished under said principal contract.
The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting or claiming
through or under it, hereby waives and relinquishes all
right to file a mechanics' lien, claim or notice of
intention to file any lien or claim against the Real Estate.
6. The Mechanics' Lien Act of 1963 provides at 49 P.S.
§1401 that: "A contractor or subcontractor may waive his right
to file a claim by a written instrument signed by him or by any
conduct which operates equitably to estop the contractor or
subcontractor from filing a claim."
7. The Stipulation signed by Food Plant waived its right
to file a mechanics' lien claim against the property owned by
Knouse upon which the work was performed.
8. A mechanics' lien can only be filed against property
upon which the improvement was constructed. A contractor cannot
file a mechanics' lien against property of the owner which is
unrelated to the construction project. Food Plant it attempting
to avoid the Stipulation by filing a mechanics' lien claim
against property owned by Knouse which had nothing to do with the
parties' construction contract and is not even in the same county
as the Real Estate upon which the improvement was constructed.
WHEREFORE, Respondent Knouse Foods' Cooperative, Inc.
respectfully requests that the Court strike the mechanics' lien
claim filed by Claimant Food Plant Construction, Inc.
3
PRELIMINARY OBJECTION ON THE BASIS THAT THE
MECHANICS' LIEN CLAIM F ILC TO CONFORM WITH THE ACT
9. The Mechanics' Lien Law of 1963 sets forth at 49 P.S.
§1503 the information which must be contained in the mechanics'
lien claim. Food Plant has failed to comply with a number of the
requirements of the Act. Section 1503(5) provides that: "if
filed by a contractor under a contract or contracts for an agreed
sum, an identification of the contract and a general statement of
the kind and character of the labor and materials furnished."
Food Plant attached to its mechanics' lien claim the first page
of Application for Payment No. 19 which provides that the
original guaranteed maximum price was $8,028,437 pursuant to a
contract dated August 28, 1998. Food Plant did not provide any
detailed statement of the kind and character of the labor and
materials furnished in the body of its mechanics' lien claim.
10. Section 1503(8) provides that the claim must include:
"Such description of the improvement and of the property claimed
to be subject to the lien as may be reasonably necessary to
identify them." The only description Food Plant provides of the
property is a reference to a printout from the Internet World
Wide Web site of KnowX.com, which identifies an assessor's parcel
number for land owned by Knouse in Cumberland County,
Pennsylvania. The description of the property contained in the
mechanics' lien claim is in direct conflict with the Application
for Payment attached to the claim which identifies the project as
located in Peach Glen, Adams County, Pennsylvania.
4
11. Food Plant is attempting to avoid the Stipulation filed
in Adams County by asserting a lien in Cumberland County against
property owned by Knouse which is totally unrelated to the
parties' construction project. The Mechanics' Lien Act only
permits a claim to be filed against the property and improvement
upon which the contractor worked, not any property or improvement
of the owner regardless of where located. Food Plant did not
perform any work for Knouse on property located in Cumberland
County, and its description of the improvement upon which it
performed work as being located in Cumberland County is false.
WHEREFORE, Respondent Knouse Foods' Cooperative, Inc.
respectfully requests that the Court strike the mechanics' lien
claim filed by Claimant Food Plant Construction, Inc.
PRELIMINARY OBJECTION FOR FAILURE TO SERVE
WRITTEN NOTICE OF THE FILING OF THE LIEN UPON THE OWNER
12. The Mechanics' Lien Act of 1963 provides at 49 P.S.
§1502 that in order to perfect a lien, every claimant must: "(2)
serve written notice of such filing upon the owner within one (1)
month after filing, giving the court term and number and date of
filing of the claim. An affidavit of service of notice or an
acceptance of service, shall be filed within twenty (20) days
after service setting forth the date and manner of service.
Failure to serve such notice or to file the affidavit or
acceptance of service within the time specified shall be
sufficient grounds for striking off the claim."
5
13. Food Plant filed the mechanics' lien claim on September
1, 1999, and as such, it was required to serve notice of the
filing by October 1, 1999. Food Plant failed to serve written
notice of the filing of the mechanics' lien claim by October 1,
1999, and as of the filing of these preliminary objections, still
has not served Knouse with written notice of the filing of the
mechanics' lien claim. Knouse only learned that a mechanics'
lien claim had been filed in Cumberland County when it was
reported in the September 24, 1999 issue of the Central Penn
Business Journal.
WHEREFORE, Respondent Knouse Foods' Cooperative, Inc.
respectfully requests that the Court strike the mechanics' lien
claim filed by Claimant Food Plant Construction, Inc.
Respectfully submitted,
McNEES, WALLACE & NURICK
i
Jonathan H. Rudd, Esq.
Attorney I.D. No. 56880
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5405
Attorneys for Respondent
Knouse Foods Cooperative, Inc.
Date: ? J ll l q C
6
Exhibit A
OFFICIAL PATRICIA A. FUNT
RECEIPT PROTHONOTARY
ADAMS COUNTY COURT HOUSE
ROOM 104
Gettysburg, PA. 17325
DOCUMENT NO.
RECEIVED FROM _ _: ? _
REMARKS - -
RECEIPT
NO.
DATE .,-
REFERENCE NO. DESCRIPTION AMOUNT
KNOUSE FOODS COOPERATIVE, INC.: IN THE COURT OF COMMON PLEAS
ADAMS COUNTY, PENNSYLVANIA
Plaintiff - Owner
VS.
MECHANIC'S LIEN
No.
FOOD PLANT CONSTRUCTION, INC.,: J J I ??Ct?
Defendant - Contractor 0
The undersigned contractor, materialman or other entity or
person furnishing services, labor or materials, known as FOOD
PLANT CONSTRUCTION, INC. (the "Contractor") intending to be
legally bound, and in consideration of the sum of ONE AND N01100
DOLLAR ($1.00) to it in hand paid by KNOUSE FOODS COOPERATIVE,
INC. ("Owner") the receipt whereof is hereby acknowledged, for
itself and any subcontractors, materialmen, laborers or anyone
else acting through or under it, covenants and agrees that no
mechanics or materialmen's liens or claims shall be filed or
maintained by it, them or any of them, against the real estate
described in Schedule "A", attached hereto and made a part
hereof, or against any buildings or other improvements thereon
(jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal ?NI V 1998
contract between Owner and Contractor, dated 9,A , y '
under any supplemental contract, verbal or written, or contract
for extra work or materials relating to and work to be done or
material furnished under said principal contract. The
undersigned, for itself, its subcontractors, materialmen,
laborers and anyone else acting or claiming through or under it,
hereby waives and relinquishes all right to file a mechanics'
lien, claim or notice of intention to file any lien or claim
against the Real Estate.
The undersigned, for itself, its subcontractors,
materialmen, laborers and anyone else acting under or through it,
hereby irrevocably authorizes and empowers any attorney of any
court of competent jurisdiction of the Commonwealth of
Pennsylvania, or elsewhere, to appear as attorney for it, them or
any of them, in any such court and, in its or their name or
names, mark satisfied of record at the cost and expense of the
undersigned, any and all claims, liens, any pleading or
instrument, or any amendment to any pleading or instrument
previously filed by it or them, to incorporate therein as part of
the record this waiver and for such act or acts this waiver shall
be good and sufficient warrant and authority, and the undersigned
for itself, and for them, does hereby remise, release and
quit-claim all rights and all manner of errors, in filing such
pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in the
name of the undersigned or any other entity or person who shall
have filed a claim or lien, to cause any and all such claims or
liens to be discharged by any other instrument, pleading or
proceeding permitted at law or in equity.
The undersigned hereby avers, represents and warrants that
work has commenced on the Real Estate, that materials have been
delivered to the Real Estate and that labor has been furnished
for the improvement of the Real Estate by the undersigned and by
the list of Contractor's subcontractors and materialmen attached
hereto as Schedule B.
The undersigned represents to Owner that the attached list
of subcontractors and materialmen represents all of the persons
and/or entities with whom Contractor has executed subcontracts
and that each of the said subcontractors has agreed to the terms
of this stipulation as evidenced by releases and waivers of liens
executed and delivered to Contractor by the said subcontractors
and materialmen.
The undersigned further agrees that it shall not enter into
any additional contracts with any persons or entities for work to
be done upon or materials to be delivered to the Real Estate
which are within the scope of the principal contract between
Contractor and owner for a period of ten (10) days following the
recording of this stipulation against liens.
This stipulation is made and intended to be filed with the
Adams County Prothonotary in accordance with the requirements of
the Mechanics' Lien Law of 1963 of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the undersigned has caused this
instrument to be duly executed as of the day of
Jul, 1998.
ATTEST: CONTRACTOR:
FOOD PLANT CONSTRUCTION, INC.
-' BY
Name: Clyde L. He.,.?fe nan
Title: President/
Beginning at the intersection of Gablers Road and Reservoir Road Northwest - 603' then North -
1274'. The Robert S. Shafer & Lois H. Shafer property is to the Southwest of this line. The
previously described line intersects Coon Road (SR 4012). Turn East - 766' to comer of
property owned by John R. Roney & Shella B. Roney. Torn Southeast - 364' to the corner of
property owned by Linwood Starner & Judith E. Starner. Continue 357' to the comer of property
fortnerly owned by Orie Cline & Betty J. Cline, currently owned by Krouse Foods. Turn
Northeast - 445' to the comer of property owned by Thomas J. Ward & Winifred M. Ward. Tum
South Southwest - 278', then turn - 273' to Gablers Road (SR 4003). Turn South on Gablers
Road - 604' to the area where the Gablers Road tums West. Turn Southeast through the existing
warehouse - 923'. Turn West at property corner of Clayton L. Warren, Jr. & Wife - 761'. Turn
Southwest along the same property 525' to Reservoir Road. Turn Northwest- 975' to the
beginning point.
SCHEDULE B
LIST OF MATERIAL SUPPLIERS AND SUBCONTRACTORS
FOOD PLANT CONSTRUCTION, INC.
FOOD PLANT ENGINEERING, INC.
OVID L. -PILLLRj Ina.
GOODKIND & O'DEA, INC.
SHIFLETT-S, INC.
DOUBL-KOLD, INC.
h 'a
LLL
r.
•' I 1
12
Q
'n. i•1 ff' j
? i
? \ 1
1 ?\
}
1
tail
,lil
CERTIFICATE OF SERVICE
I, Jonathan H. Rudd, Esquire, hereby certify that on this
Il? day of October, 1999, a true and correct copy of the
foregoing document was served by first-class, United States mail,
postage prepaid, upon the following:
Michael J. Price
Food Plant Construction, Inc.
7150 Will Rogers Boulevard
Fort Worth, TX 76140
i jJo athan H. Rudd
FOOD PLANT CONSTRUCTION
----------- i,j fi--------
vs.
KNOUSE FOODS
------------------------------------------ In the Court of Common Pleas of
---------------- -------------------------
Cumberland County, Pennsylvania
judgment in favor of Plaintiff on _ MLD Claim
- ----------------
-------------------------------- for 436=122.00
No. __29-5354 MLD -------------- Term, 19-_-___
Entered ___ Seetember_1----------------- 19-99--
---------------------------------------------------
FOOD PLANT CONSTRUCTION
'-------------------------------•-------------------------------------------------------- Plaintiff
in the above judgment, do appear and acknowledge that we have this day have had and received and
from KNOUSE FOODS
die defendant in the above Judemcn.t, full payment and naisfaction of the sar.te. with interest and costs, and desired that
satisfaction therefore shall be entered upon the records thereof.
And further, do hereby authorize and empower -------- Curtis R. Long
-------------------- theProthonotary of said Court, to appear for us
and in our name and stead to enter full satisfaction upon the record of said judgment, as fully and effectually, to all
intents and purposes, as if wecould wxx be personally present in person to do so. And for so doing this shall be
your sufficient warrant of authority.
In testimony whereof, have hereunto set our hands and seals this -___ 16th
--------------------------------
day of ___ December A D _
, President
___- -- -- ------------ ------------- (Seal)
---------------------------------------------- (Seal)
State of Pennsylvania 1 ___________________ (Seal)
County of Cumberland,
Personally appeared before me, the subscriber, ____Clark C. Scholls_President
----------------- FOOD PLANT CONSTRUCTION, INC.
----------------------------------------------------- -----------------------------------------------------
.__----------------------------------------------------------------'--'-'-'-------------- the Plaintiff in the
above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judg-
ment set forth, to be act and deed, and desimd that dra sans shall be filed of record in the office of the Prothon-
otary of the Court of Common Pleas of said County. - "-
In tes6mon erwf, I have hereunto set my hand and seal this !•(/p ?'?T'3'3p
------- -- --------
day of ---- °s-v` --------- A. D. 1 _ --
U G
f.
NOTAR
STA,TE Op
G
z
W ...
a
ti
Q
O y
W ?
? v
?b
I
i
i
I
1
unww
M?' Cow, fq
??nl
??#t?u1tt#iures ??ttins#
` 3 owner Il
vs.
l?Au P?E2i Hmrsi. 1,\j
C `
Contractor /
WHEREAS, Pliobk ' A•"`-Ra_r\%,erl
of
the I'I.nlmnum(. wilban,tI Ili I I'll,
Xien8
In the Court of Common Pleas, County of
91?- 5355 "`"'
Number-. Term, to
Pennsylvania
kh,C Vtl`Q1f l
I' l,, Pennsvlvania.
is about to execute contemporaneously herewith, it contract. with H ALOC2T AOMES I N e-
of
Pennsylvania.
for the erection of a story building upon a lot of land situate
S.ex. O_A+ M,? O-A I`L fLl
NOW. 19q? , at the time of and iimmmeyd?iate before the execut'on of the prin-
cipal contract. and before any authority has been given by the said 1OlW..! 1 ?l ra.NtCoxI ? 1f_"??? 0, V .
0-9\WAkkX \ to the said ?Qr1A.lbiutl' P40a' c& ( AJL,
to commence wnrk on the said building, or purchase materials for the same in consideration of the making of the said
contract with ,(bXVL7 64,0#Aoc LNC
and the further
consideration of One Dollar, to f{'p.(,u'bM-r t40Y„tE,(-, ( AJ C paid
by Rda6"'1' T'1 • -\-?Q.nkQx 1 a4 15"I. P0.1?1@(1 it Is agreed that no lien shall be filed against the
building by the contractor. or any sub-contractor, nor by any of the material men or workmen or any other person for any
labor. or materials purchased. or extra labor or materials purchased for the erection of said building, the right to file such
liens being expressly waived.
WITNESS. our hands and seals the day and year aforesaid.
SIGNE AND SEALED IN THE P ESENCE OF ` It -sea
Z2Anurvlt,? - "=,,
e .
ALL TEAT CERTAIN lot or piece of Lend situate in Last
Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described according to a certain Final Plan of Penn Valley,
prepared by Hartman i Associates, Inc., Engineers and Surveyors,
Camp Hill, Pennsylvania, dated June 23, 1993 and last revised
September 9, 1993, more particularly described as follows, to wit:
BEGINNING at a point on the western right-of-way line of
Box Elder Court (50 'wide) at the dividing line between Lots No.
177 and No. 178 as shown on the hereinafter mentioned plan; thence
along the dividing line between Lots No. 177 and No. 178 South 81
degrees 00 minutes 00 seconds West a distance of 94.47 feet toga
point at the dividing line between Lots No. 177, No. 178, No. 186
and No. 187; thence along the dividing line between Lots No. 177
and No. 187 North 38 degrees 39 minutes 11 seconds Hest a distance
of 75.00 feet to a point at the dividing line between Lots No. 177,
No. 187 and No. 188; thence along the dividing line between Lots
No. 177 and No. 188 North 14 degrees 32 minutes 14 seconds West a
distance of 72.00 feet to a point at the dividing line between Lots
Nos. 170, No. 171,No. 177 and No. 188; thence along the dividing
line between Lots Nos. 171 and No. 177 North 80 degrees 14 minutes
45 seconds East at distance of 80.00 feet to a point at the dividing
line between Lots Noe. 171, No. 172, No. 176 and No. 177; thence
along the dividing line between Lots Nos. 176 and No. 177 South 47
degrees 12 minutes 16 seconds East a distance of 125.48 feet to a
point on the western right-of-way line of Box Elder Court; thence
along the western right-of-way line of Box Elder Court by a curve
to the left having a radius of 50.00 feet and an arc length of
42.50 feet to a point, said point being the place of BEGINNING.
BRING Lot No. 177 on the final Subdivision Plan of Penn
Valley, Phase III, recorded in Plan Book 78, Page 114, and
containing approximately 15,430.56 square feet, more or less.
ALTA Commitment
Schedule C (P11915014)
e_
tL
U
N
L?
to
j tt
4J•
V) CIO
C-
O Q
Cb
Q ` ? O?
? 9 s3sr~ M/'o
STIPULATION AGAINST LIENS
This Agreement made the 24th Day of August , 1999 by and between
Hempt Bros., Inc.
205 Creek Road
Camp Hill, PA 17011
hereinafter referred to as Contractor,
AND
L.B. Smith, Inc. hereinafter referred to as Owner, whereby the former undertook and agreed to completely
construct all site Improvements for the Silver Creek Commerce Park - Phase 1 and the Roadway
Improvements for the Intersection of Carlisle Pike and North Salem Church Road situated in Hampden
Township, Cumberland County, Pennsylvania.
NOW THEREFORE, THIS AGREEMENT WITNESSETH That the said Contractor, for and in
consideration of the sum of ($1.00) Dollarto HEMPT BRQC _ TNr In hand paid by owner, the receipt
whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid for
themselves and their subcontractors, and all parties acting through or underthem, covenant and agree that
no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings
and the lot of ground appurtenance thereto for or on account of any work done or materials fumished by
them orany of them undersatd contract, or otherwise, for, towards, in, orabout the erection and construction
of the said buildings on the lot above described, and the said Contractor, forthemseivestheir subcontractors
and others under them hereby expressly waive and relinquish the right to have, file, and maintain any
mechanic's liens or claims against the said property, buildings or any of them, and agree that this instrument,
waiving the right of lien, shall be an independent covenant.
WITNESS our hand and seals this 30th Day of _ p,?„?r 1999.
Signed, Sealed and delivered Seal
in the presence of Pres
Seal
Seal
SAL-1
I -t
V:
C;,. .;J
w
^/ 0 O
v
Q
fl
fir' IM1V I'I?nlpnem1.UJLaupun 1'.. .
o?#i?tultt#t?ns ?l$ttin?# `liens
David R. Lucier & Lisa M Lucier In the Court of Common Pleas. County of Cumberland
Owner
VS. _ Carlisle . Pennsylvania
Flaubert Homest. inc. Number ?Q 1 1" )35-7 m?
Contractor Term, tN
WHEREAS, David R. Lucier and Lisa M. Lucier
of 33 Falcon Court, Mechanicsburg, Pennsylvania.
is about to execute contemporaneously herewith, a contract, with Haubert. Homes, Inc.
of 15 Central Blvd., Camp Hill, Pennsylvania.
for the erection of a story building upon a lot of land situate
Lot 213 in Laurel Hills Final Plan recorded in Plan Book 55, Page 66, known as
830 Acri Road, East Pennsboro Township, Mechanicsburg, Cumberland County, Pennsylvania
as described in the attached legal description.
NOW. August 30, 19 99 , at the time of and immediately before the execution of the prin-
cipal contract, and before any authority has been given by the said Owner
to the said Contractor
to commence work on the said building, or purchase materials for the same in consideration of the making of the said
contract with Contractor and the further
consideration of One Dollar, to Contractor paid
by Owner , it is agreed that no lien shall be filed against the
building by the contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any
labor. or materials purchased, or extra labor or materials purchased for the erection of' said building, the right to file such
liens being expressly waived.
WITNESS, our hands and seals the day and year aforesaid.
AUB RAT N@/JIN( a
SIGN AND SEA[ ED IN THE PRESENC'F. OF 7`5'/?-?{
on, au et7t, Tres eldenit y
1:4 /'l Cu t/ et
Dav -R. Lucier
Lisa M. Lucier i
oew/
'J
1
_
t,.
V]
ri
r d
y".
f{i ?y
el L
lT? N
S3. O
U
7
L
c
U
P
E
`u
r
c
Z
P
u
y
r
First American Title Insurance Company
Commitment No. 851083
SCHEDULE C
ALL THAT CERTAIN lot or piece of ground with the Improvements thereon erected situate in
East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania,
bounded and described In accordance with Laurel Hills Final Plan, made by Paul E. Graf &
Assoc., Inc., dated December 23, 1987, and recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, In Plan Book 55, Page 66, as follows, to wit:
BEGINNING at a point on the eastern legal dghl-of-way line of Acri Road, at the southwest
comer of Lot No. 214, on the above-referenced Plan of Lots; THENCE along the southern line
of said Lot No. 214, North 50 degrees 39 minutes 15 seconds East, a distance of 99.51 feel to
a point on the west bank of the Conodoguinel Creek; THENCE along the west bank of the
Conodogulnel Creek, South 39 degrees 07 minutes 30 seconds East, a distance of 100.00 feel
to a point at the northeast corner of Lot No. 212 on the above-referencod Plan of Lots;
THENCE along the northern line of said Lot No. 212, South 50 degrees, 39 minutes 15 seconds
West, a distance of 99.13 feel to a point on the eastern legal rioht-of-way line of Acri Road;
THENCE along the eastern legal right-of-way line of Acri Road, North 39 degrees 20 minutes
45 seconds West, a distance of 100.00 feel to a point and place of BEGINNING.
CONTAINING 9,932.00 square feel, more or less.
BEING Lot No. 213, Section 2, of the aforementioned Plan and known as 830 Acri Road.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back lines and
conditions as now appear of record, including but not limited to a 25 fool drainage easement
across the northern portion of the premises, as shown on the above-referenced Plan of Lois..
FURTHER, UNDER AND SUBJECT to the 100 year food plan line of the Conodoguinel Creek
across the eastern portion of the premises as shown on the above-referenced Plan of Lots.
V
4J
J
d
ti
4
O
9
V1 ?
0°
i
C- J Ll
v:
cn U
z
No. Civil Term
VS.
i
Court of Common Pleas
Cumb. Co.
Ii
j
REVK-300 (4-YN))REV00K101
BUREAU OF COMPLIANCE
DEPT. 280018
HARRISBURG. PA 17128.0We
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
V.
KEYSTONE APPLE INC
1205 MANOR DR STE 201
MECHANICSBURG PA 17055-4894
AUTHORITY TO SATISFY
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NUMBER: 99.5358
DATE FILED: September 1, 1999
EIN: 25-1707547/000
NOTICE NUMBER: 589-695-599-110.2
To the Prothonotary of CUMBERLAND County:
The Commonwealth of Pennsylvania, Department of Revenue, the Plaintiff in the above action, acknowledges that the
above captioned Lien/Judgment note should be removed from the records thereof.
AND you, the Prothonotary of said Court, upon receipt by you of your costs of satisfaction are hereby authorized and
empowered, in the name and stead of the Plaintiff, to enter full satisfaction upon the record as fully and effectually, to
all intents and purposes, as we could were we present in person to do so; and for doing so, this shall be sufficient
warrant of authority.
IN TESTIMONY WHEREOF, there is hereunto affixed the Seal of the Department of Revenue, Commonwealth of
Pennsylvania, this 02 day of November, 1999.
ta4ellt 6(.
Robert A. Judge, Sr.
Secretary of Revenue
2 7??
Dorothy A. Totton
Director, Bureau of Compliance
s?o
Y
f l?
a
s
O
m
O
cn
n
Z
{
co
O
z
m
D
mm
z
n
0
0
K
OK
m0
Z
F.n
mr- I
zm
qO
On
?-D
m
mz
mz
z cn
m C
D
Z
D
z
O
m
n_
cz
9-1
wx
mm
MO
D
0 C
X
00
T
?0
m0
zz
v
<m
< CCD
z0
DT
REVK-102 (cgs) FIEV00010
BUREAU OF COMPLIANCE
DEPT. 2MM2
KhRRISPURG. PA 17128-0M6
\U ,
?- 535 8 C??t:S?
Tern
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
CERTIFIED COPY OF LIEN
-i
r9S:: -I . I:L!
KEYSTONE APPLE INC '•
1205 MANOR DR STE 201
MECHANICSBURG PA 17055-4894
'Q 9. cold C.Lti gIUuo SZ 8C ,
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
EIN: 25-1707547M00
Notice Date: August 28, 1999
Notice Number: 281.702-799-082.3
To the Prothonotary of said court: Pursuant to the laws of the
Commonwealth of Pennsylvania, there is herewith transmitted a certified
copy of a lien to be entered of record in your county.
1 2 3 4 5 6 7
TAX TYPE ACCOUNTID TAX TAX EVENT TAX TOTAL
PERIOD PERIOD NUMBER DUE DUE
BEGIN END
SALES 22326905 03.01-99 03-31.99 1 350.71 468.99
TOTAL: 350.71 468.99
FILING FEE(S): 9.00
INTEREST COMPUTATION DATE: 09.07-99
The undersigned, the Secretary of Revenue (or an authorized delegate) of the Commonwealth of Pennsylvania, certifies this to be a true and correct
copy of a lien against the above named taxpayer for unpaid TAX, INTEREST, ADDITIONS or PENALTIES therein due from such taxpayer and which,
after demand for payment thereof, remains unpaid. The amount of such unpaid TAX, INTEREST, ADDITIONS or PENALTIES Is a lien in favor of the
Commonwealth of Pennsylvania upon the taxpayer's property, real, personal, or both, as the case may be.
?? ??
SECRETARY OF EVENUE
(OR AUTHORIZED DELEGATE)
PART 1 - TO BE RETAINED BY RECORDING OFFICE
August 28,1999
DATE
COMMONWEALTH OF PENNSYLVANIA
VS
KEYSTONE APPLE INC
NOTICE OF TAX LIEN
filed this day of
m.
PLAQEQf_THEBLING NOTICE FORM
PLACE OF FILING: The notice of lien shall be filed: (a) In the was of Real
Properly, in the office of the Prothonotary of the county in which the property
subject to the lien is situated and (b) in the case of Personal Property, whether
tangible or intangible, in the office of the Prothonotary of the county In which
the property subject to lien is situated.
ALITOMA71C BEWYML QF-NQMEAN]2-PM m' OF NOM
GENERAL-RULE; According to the Fiscal Code, the Notice of Lien is
automatically revived and does not require refiling of the Notice by the
Commonwealth. Any Notice of Lion filed by the Commonwealth shall have
priority to, and be paid in full, before any other obligation, judgement, claim,
lien, or estate is satisfied Irom a subsequent judicial sale or liability with which
the property may be charged. EXCEPTION The Commonwealth does not
maintain priority of tax liens over any existing mortgages or liens which are
properly recorded at the time that the tax lien is filed. SEE: Act of December
12, 1994, P.L. 1015, No. 138.
RELEASE-QFltEN
LIENS FOR TAXES
Liens for Corporation Taxes arise under Section 1401 of the Fiscal Code, 72
P.S. Section 1404, as amended.
Liens for Personal Income Tax and Employer Withholding Tax arise under
Section 345 of the Tax Reform Code of 1971, 72 P.S. Section 7345, as
amended.
Liens for Realty Transfer Tax arise under Section 1112-C of the Tax Reform
Gods of 1971,72 P.S. Section 8112-C, as amended.
Liens for Liquid Fuels Tax arise under Section 13 of the Liquid Fuels Tax Ad,
72 P.S. Section 2611-M, as amended.
Liens for Fuel Use Tax arise under Section 13 of the Fuel Use Tax Act, 72 P.S.
Section 2614.13, as amended.
Liens for Motor Carriers Road Tax arise under Chapter 96 of the PA Vehicle
Code, (75 PA. C.S. 9615).
Liens for Inheritance Tax and Estate Tax arise under the inheritance and
Estate Tax Act of 1982, Act of December 13, 1982, P.L. 1086. No. 225 Section
1 et. seq., 72 PA. C.S.A. Section 1701 at. seq. (For decendants with date of
death prior to December 13, 1982, liens arise under the Inheritance and Estate
Tax Act of 1961,72 P.S. Section 2485. 101 at. seq.).
Liens for State, or State and Loral Sales, Use and Hotel Occupancy Tax and
Public Transportation Assistance Fund Taxes and Fees arise under Section
242, Act of March 4, 1971, No. 2 as amended, 72 P.S. Section 7242.
Liens for Motorbus Road Tax arise under Chapter 98 of PA Vehicle Code, (75
PA C.S. 9815).
GENERAL INFORMATION:
Corporation Tax Liens provided under the Fiscal Code arise at the time of
settlement (assessment) and are liens upon the franchises and property, both
real and personal, with no further notice. The filing of a Notice of Lien with a
County Prothonotary is not a requisite, and the lien remains in full force and
validity without filing of revival until paid.
Inheritance Tax Liens are liens on real estate which Continue 1lntil tax is paid.
Personal Income Tax Employer Withhold no Tax Really Transfer Tax Sales
and Use Tax Liquid Fuels Tax. Fuel Use Tax. Motor Carriers Road Tax and
Motorbus Tax liens are liens upon the franchises as well as real and personal
property of taxpayers, but only after they have been entered and docketed of
record by the Prothonotary of the County where such property is situated and
shall not attach to stock of goods, wares, or merchandise regularly used in the
ordinary Course of business of the taxpayer. The lien has priority from the date
of entry of record.
Subject to such regulation as the Secretary or his delegate may prescribe, the
Secretary or his delegate may issue a certificate of release of any lien Imposed
with respect to any tax it: (1) the liability is satisfied, satisfaction consisting of
payment of the amount assessed together with all interest and costs in rasped
thereof; or (2) the liability has become legally unenforceable. EXCEPTION:
Interest on Corporation Taxes is computed after a lien is paid.
SETTLEMENT OF ACCOUNT
The "Total"column (Column 7) for each type of tax listed on this Notice of Lien
comprises the balance of Tax Due (Column 6) plus assessed additions and/or
penalties, and assessed and accrued interest up to the interest computation
date on the face of this notice.
If payment or settlement of account is made after the interest computation date,
the payment must include the lien filing costs and accrued interest from the
interest computation date to and through the payment date.
For any delinquent taxes due on or before December 31, 1981, interest is
imposed at the following rates.
C.S.. F. F.. C.L. C.N.I. •0% PER ANNUM (DUE DATE TO PAYMB7r OA
C.L. G.A., C.A_ S.T. • et. PER ANNUM (DUE DATE TO PAYMEM DA
111- N. E, OR., M.I. -8% PER ANIMA (DUE DATE TO PAYMBIR DA
P.U.R. -1%PERMONfHORFRACTION(OUEDATETO AYMBITDATE)
P.IT.. EMT. -3/4 OF 1% PER MONTH OR FRACnON
S. aU. •34 OF 1% PER MONTH OR FRACTION
R TT. -8%PERAfNUM
INH a EST. -al PER" M
LFT.. F.U T. -1% PER MONTH OR FRACTION
M.C.RT. •1% PER MONTH OR FRACTION
O.F.T. -Ir. PEP "LM
For all taxes that are originally due and payable on and after January 1, 1982,
the PA Department of Revenue will calculate daily interest on all tax
deficiencies using an annual interest rate that will vary from calendar year.
Interest is calculated on a daily basis at the following rates:
DELINQUENT DATE INTEREST RATE DAILY INTEREST FACTOR
1
n012 THRU 121]1/82 20% ,0005,{8
I1
1183THAU 1L31/83 185. ,000'38
1I1re4THRU12/sller 11% .000301
1I101S THRU 12YJ1/80 1Ti. .000358
1n188THRUIM1188 10% ,000274
to/07THRUIMIM7 9% ,000347
ll1/BBTHRU12YA1191 11% ,000301
v1192THRU12131192 9% .000247
1I1183THRU12/311W 75. ,000182
111195THRU12/31199 .000247
111199THRU 12Y IM 7% ,000102
---Taxes that become delinquent on or before December 31, 1981 will remain
a constant interest rate until the delinquent balance is paid oft.
---Taxes that become delinquent on or after January 1, 1982 are subject to a
variable interest that changes each calendar year.
-•• Interest is calculated as follows:
INTEREST = (BALANCE OF TAX UNPAID) X(NUMBER OF DAYS
DELINQUENT) X (DAILY INTEREST FACTOR)
v
C-4-
0
V
41
zr
p
v
\-4)
IM)
'0 ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or NO:
Trustee, Assignee of ADVANTA ?? ` ?? SI
NATIONAL BANK, USA, ISSUE NO.:
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
CODE:
TYPE OF PLEADING:
COMPLAINT IN MORTGAGE
FORECLOSURE
TO:DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
WELTMAN, WEINBERG & REIS CO., L.P.A.
ey:?cv??fJ?L?J
ATTORNEYS FOR PLAINTIFF
I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS:
Go Waltman, Weinberg & Reis Co., L.P.A.
2001 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
FILED ON BEHALF OF:
PLAINTIFF
COUNSEL OF RECORD FOR THIS PARTY:
JON A. McKECHNIE, ESQUIRE
Pa. I.D. #36268
AND THE DEFENDANTS ARE:
2 WheaHleld Drive
Carlisle. PA 17013
PLAINT, WWE•IN.BER `G & REI CO., L.P.A.
WELT`MNR ANNEYSFOR
BY: l??'?\ J?
A IFF
I HEREBY CERTIFY THAT THE LOCATION OF THE REAL
ESTATE AFFECTED BY THIS LIEN IS:
2 Wheatfie'd Drive
Carlisle, PA 17013
Township of Mlddlesex;Cty of Cumberland
WELTMAN, WEINBERG & REIS CO., L.P.A.
Firm #339
2601 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
(412) 434-7955
WWR#01702497
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: .1? V`rl?`C .1.?
A RNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or
Trustee, Assignee of ADVANTA
NATIONAL BANK, USA,
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
NO:
NOTICE TO DEFEND
You have been sued In Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
Court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
Court without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-9400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., as Custodian or
Trustee, Assignee of ADVANTA
NATIONAL BANK, USA,
NO:
Plaintiff,
V.
CALVIN L. BULL and
DEBORAH K. BULL,
Defendants
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now, comes Plaintiff, Bankers Trust Company of California, N.A., as Custodian or Trustee,
Assignee of Advanta National Bank, USA, by and through its attorneys, WELTMAN, WEINBERG & REIS
CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following:
1. The Plaintiff is, Bankers Trust Company of California, N.A., as Custodian or Trustee,
Assignee of Advanta National Bank, USA, a lending institution duly authorized to conduct business within
the Commonwealth of Pennsylvania (hereinafter "Plaintiff').
2. The Defendants, Calvin L. Bull and Deborah K. Bull are adult individuals whose last known
address is 2 Wheatfield Drive, Carlisle, PA 17013.
3. On or about October 25, 1996, the Defendants, Calvin L.Bull and Deborah K. Bull
executed a Note ("Note") in the original principal amount of $148,725.00, which Note is attached as
Exhibit "A".
4. On or about October 25, 1996, as security for payment of the aforesaid Note, the
Defendants, made, executed and delivered to Advanta National Bank, USA, a Mortgage in the original
principal amount of $148,725.00 on the premises hereinafter described, said Mortgage being recorded In
the Office of the Recorder of Deeds of Cumberland County on November 1, 1996, Mortgage Book Volume
1349, Page 650. A true and correct copy of said Mortgage containing a description of the premises subject
to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. Advanta National Bank, USA assigned of its right, title, and interest in to the Mortgage to the
Plaintiff.
6. The Defendants are the current record and real owners of the aforesaid mortgaged
premises.
7. The Defendants are in default under the terms of the aforesaid Note and Mortgage for, inter
alia, failure to pay the monthly installments of principal and interest when due.
8. Demand for payment has been made upon the Defendants by Plaintiff, but Defendants
have failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff.
9. On or about July 2, 1999, Defendants were mailed Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101 et seq. True and correct copies of
said Notice is attached hereto as Exhibit "C".
10. On or about July 2,1999, Defendants were mailed Notice of Homeowner's Emergency
Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of
1983Take Action to Save Your Home From Foreclosure. A true and correct copy of said Notices is
attached hereto as Exhibit "D".
11. The amount due and owing Plaintiff by Defendants is as follows:
Principal $146,521.84
Interest thru 08/16/99 $ 4,260.14
Attorneys' Fees $ 1,000.00
Title Search $ 50.00
Current Late Charge $ 232.47
Deferred Late Charge $ 742,27
Corporate Advance $ 1,564.21
Escrow Advance $ 1.236.70
TOTAL $155,607.63
12. Contemporaneously hereunder, Defendants have been advised of their right to dispute the
validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice,
attached hereto marked Exhibit "E" and made a part hereof.
I
WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of
$155,607.63, with interest thereon at the rate of $40.19 per diem from August 16, 1999, plus costs, In
addition to late charges and for foreclosure and sale of mortgaged premises.
WELTMAN, WEINBERG & REIS CO., L.P.A
I
Jon A. McKechnie, Esquire
Attorneys for Plaintiff
2601 Koppers Building
3436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #01702497
FXHIBIT__
'? /
ADJUSTABLE RATE NOTE
(LIBOR Index -Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
OCtcbsr 25, 1996 Allentown PENNSYLVANIA
lunch Iq,YI
Isin'I
2 YDIEATPIELD DRIVE, CARLISLE, PBNNSY'_VANIA 17013
11ynpm, AJJ,n,I
1. BORROWER'S PROMISE TO PAY
In return flora Inan mat I have received. I pruniiw u, pay U.S. 9 148, 725.00 (his monim "call"!
"Primipil" ), plus interest. W the (abet if the Lrldrr. The Lender is
Advanta National Bank USA
I udenlMd that the Lender may transfer this None. The Lcmlcr or rayon' wlm Elk"., dins Note by tralwer and tab, 11 'allied 10 receive Payments under this Nom is called the "Nom HnlJee"
2. INTEREST
Interest will he charged oar unpaid principal until the full mutual of principal has teen paid. I will pay interest .11 .1 yearly
rate of 9.675 %. The interest rate I will pay may change in accordance with Section 4 of this None,
The interest rate required by this Sestina 2 and Section 4 of this Now is the rate I will pay huh h6we and ;der .my
default described it, Scotlou 7(B) or this Nam.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by lucking payments every In(nllt.
I will nuke my monthly payments on the let bay of each month beginning toil December 1 . 1996
I will make these paymenu every moult until I have paid all if the principst and incest and any other charges described heluw
that I may owe under this Nile. sly tuuthly payments will he applied to interest hefnre principal. H. n1,
November 1 2026 . I still awe cnomas under Ihis Nme. I will pay those anmuns in lull oa that
dale, which is called the "Maturity Date."
I will nuke my monthly payments at
P.O. BOX 15473 , WILMINGTON, DE 19850.5473
or at a different place if required by tlne Note Helder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the mnuum of U.S. $ 1,291.46 . This amount may
change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of illy Inan and in Ne interest ram dial I must
pay. The Note Holder will determine my new inmost rate and the changed :uumoro of my monthly payment in accordance wish
Section 4 of this Nom.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Data
The interest ram 1 will pay may change on the let day of November 2001 , and ,it that
day every sixth month thereafter. Each dancing which my interest rate could change is called it "Change Dale."
R) The Index
Beginning with the first Change Date, my interest rate will be based on all Index. The "Index" is the average of interbank
offered roles for six-month U.S. dollar-dehmmiruled deposits in the 4mdnn market ('LIBOR'), as published in the Nall Street
boumal. The most recent Index figure available as of the first business day of lite m,nlh inuuediatehy preceding the nonh in
which die Charge Date occurs is called the "Current Index."
If the Index is an longer available, (lie Note Holder will chose a new index diet is based up, in comparable infimmraion.
The Note Holder will give lime notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Nutt Holder will calculate my new im.,est rate by adding
POOR AND SEVEN-BIGHTNS percentage point(s) ( 4.875 %) Ito the Current
Index. The Nate Holder will then round die result of this addition as the nearest one-cighllt of one percentage Print (0.123%).
Subject to do limits stated in Section 4(D) below, [his rounded anmum will be my new interest rate until the ncxt Change Date.
The Nate Holder will then demmlin , the amount of die monthly payment that would be sufficient to repay the unpaid
principal dust I am expected to owe at the Change Date in full on the Maturity Date at my new interest ram in substantially equal
payments. The result of this calculation will he the new amount if illy monthly payment.
MULTISTATE ADJUSTABLE RATE NOTE-LIBOR INDEX - Singe Family - Freddie Mae Unirarm I,nnumenm farm 3590 7192
.016,uom "I.1'
STNIAIV. 0596 u.n
BULL M073787
r a'
(D) Limit, an Interest Rafe Changes
The Infest cal raw I aln required 10 pay at the first Change Dale will nil tic greater Ulan 12 .075 ':i is less
than 9.1175 %, Thereafter, my commit rate will never he mcreased or decreased nn why single Change Ba,
by mom dun one percentage point (1.0%) from the role If interest 1 have been paying for the preceding six nomadic Nly interest
into will never be greater than 16.675 %,
(F.) Effcetive Dale (if Changes
My new interest rate will baune effective on cmh Charge Date. I will pay the Monaco of Illy new nwmddy 114y11wnt
beginning on the first monthly payment dam after the Change Date unlit die wound of lily nwnddy layntent changes again.
(F) Notice or Chang"
The Now Holder will deliver or mad In me a notice of my charges is my interest rate ad then amount of Illy melldlly payment
before the cffadve dam of way change. The notice will include Information ¢quued by law to he glvcn nm and also the 11110 and
telephone number of a poem who will answer may question 1 may lave regarding die notice.
S. BORROWER'S RIGHT TO PREPAY
i have the right m make payments of principal many time before they are duc. A paynmml of pnnsapal only is known as a
"prepayment" Who 1 make a prepayment, l will all die Now Holder it, %rlang dial I am danog au.
I may make a full prepayment or partial prepayments wabout paying any prepayment charge. The Nom Ilulder %ill use all or
my prepayments to reduce the amount of principal dial I owe under this Nom. If 1 made ;I pwual prep;gmmil, there will he no
changes in the due dater of my monthly paymcnu unless the Note Holder agrecs in %nting Ill those changes Nly partial
prepayment may reduce the mount of any monhly payment, after die first Change Date following Illy partial prepaymvnt.
However, any reduction due to any partial prepayment may beOffset by au interest rate I nteaw.
6. LOAN CIIARGES
If a law, which applies to ;his loan and which seer maximum ban charges, is finally completed so that tau.: interest err other
loan charge, collated or m be collated in connection with this loan exceed be pleonatcd limier, then: (I) any such loan charge
shall be reduced by the amount nanccuy, to reduce: the charge to the permitted limit: and (ii) ;my suns already collected from me
which uceWed removed limits will be refunded to nhc. The Note Holder may choose to fake the rotund by reducing the
principal I owe under this Note or by making a direct payment m enc. If a refund reduces principal. die reduction %ill Its, sewed as
a partial prepayment.
7, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Nom Holder ha, not received the full ;,moron of any Initially payment by die end ref 15
calendar days offer the dam it is due, 1 will pay a lam charge to the Note Holder. The annual Ill die charge will be
6.00 % of my overdue payment of principal and ,merest. I will pay this, late charge promptly bill Only once
on each me payment.
(8) Default
If I do not pay the full wnount of cash monthly payment on die date it is due. I will he sit detaoll,
(C) Notice of Default
If I am in default the Now Holder may send me a written nonce telling me that if I do not pay duo overdue amount by a certain
do, the Now Holder may enquire me is pay immediately the full amount of principal which has not ken paid and all the Murcia
dam 1 owe on that amount That dam most be at least 70 days after the data on which the notice is delivered or mailed in Inc.
(D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Now Holder doer not require me to pay immediately in full :Is described above, die
Now Holder will still have the right m do so if I am in default at a later thnc.
(E) Payment of Note Holder's Cm" and I' xpens"
If the Now Holder has required me to pay immediately in full as described alcove, the Now fiddler will have the right it, be
paid bade by me for all of its costs and expenses in enforcing ibis Now to the extent not prohibited by applicable law. Thom
upon" include, for example, rea,onabhe attorneys' fees.
8. GIVING OF NOTICES
Unl"s applicable law requires a different method, my nnucc dial must he given to me under this Now will he given by
delivering it or by mailing it by First class mail to me at the Property Address above or at a different address if 1 gave die Note
Holder a notice of my different aldr"s,
Any notice that must be given a the Now Holder under this Now will be given by availing it by first class marl m die Now
Holder at the address stawd in Section d(A) above or at a different address if I am given a notice of that different address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Now, each person is fully and personally ohligawd to kap all of die promises made in this
Now, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also
obligated to do plisse things. Any person who lakes ova these obligations, including the obligations of a grlunmr, surety or
mile= of this Note, is also obligated or leap all of the promises made in this Now. Tice Note Holder may cat its right,
under this Now against each person individually or against all of us together. This roams dial any one of us may be required to
pay all or the amounts owed under this Now.
10. WAIVERS
I and any ocher person who has obligations under this Now waive the rights of presentment mid notice of dishonor.
"Presentment" means the right in require the Note Holder in demand payment of amounts duc. "Notice of dishonor" mamas die
right is require the Nom Holda m give notice in other persons that amounts due have not been paid.
r.,m vac Ora
Ct .015 (92tin a,
BBLL 7710 7 17 8 7
W?
11. UNIFORM SECURED NOTE
This Now is a uniform instrument with limited variations in some )unsdicuuns. In addition or the pnneuoom given m the Nom
Holder under this Nab, a Mortgage. Decd of Trust or Security Decd (We'Secunty Instrument'), dated die aunc date as Nis Note.
prompas the Now Holder from possible losses which might result if I do not keep die pnnnism that I make in this Nob. That
Security Instrument describes how and under what conditions 1 may he requital hs make immediate pMymenl in fill of all
amounts 1 owe under this Now. Some of those conditions arc described as follows:
Transfer of the Properly or a Ilenencial Interest In Ilorrosver. If tell err any pallid the property or any interest it, it is sold
at transferred (or if a beneficial interest in Borrower is suld or wmsferfcd and Narrower is not a natural peram) w,Nnul 1<nder's
prior written consent. Lender may. at its option, require immedme payment in full of all sums secured by this Security Instrun,al.
However, this option shall not be exercised by Lender if exercise is prohlhiled by federal law as of die date of this Security
Instrument. Lander also shall not exercise this option if: (a) Borrower causes m In submitted to Lender information acquired by
Lender to evaluate die intended mutsferec us, if a new bun were being made It the transferee: and (h) Lender nasonahly
determines that Lcndei s security will not be impaired by die loan assumption and that the risk of a breach of tiny covenant or
agreement in NIS Security Instrument Lx acceptable in Lender.
To the extent permitted by applicable law, Leader may cletr¢c a reasonable fee it, a condou n In Lender's consent to Nc lump
;usu option. Lender may alter require die wwwwrec In sign an assumption xgncmarlt Ih:u is a cepuhlc b Lauder and tint uhpigatr.s
die transferee b keep all the promises and agreements made in the Nine will in dips Security Inatrumran. Borrower will to nmue o,
be obligated under the Note and this Security Instrument unless Lender relcaws Borrower in writing.
If Lender exercises the option in require immediate payment in full. Lender shall give Borrower notice of acceleruuun. The
notice shall provide a period of not lea than 30 days from die date the notice is delivered or mailed within which lionosvcr mint
pay all sums secured by this Security Instrument. If Burrower fails to pay them sums prior in the expiration of gas penod. Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Ilorruwcr
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDER!
l
C IN ,BOLL (Seat)
.11on„wer
(Sail)
11.morer
IGNED.
.??? k Sean
osNORAx A eul.L
Iseah
It er„.....
ISIS'n OnRinal (xnlvf
THE PROVISIONS CONTAINED IN THE 'RIDER TO NOTE' SIGNED BY
ALL BORROWERS NAMED HERRIN, ARE HEREBY INCORPORATED INTO
AND SMALL AMEND AN/D//S/7PLEMENTT MISS NOTE.
Initial- t/..../'CJI-SJ
®e •Bt- Imm?.p, v.p. a a, a rsr. sons reel
BOLL 711073787
RIDER TO
ADJUSTABLE RATE NOTE
Floor/Prepayment
Borrower Name(s): CALVIN L BULL DEBORAH A BOLL
Note Date: October 15, 1996
For a valuable consideration, receipt of which is hereby acknowledged, both Borrower and Lender agree
that this HIDER TO ADJUSTABLE RATE NOTE ("Rider*) amends that certain Promissory Note ("NOTE") of
date shown above, to which this Rider is attached. Borrower and Lender agree that this Note shall be
subject to the following provisions, notwithstanding any provisions to the contrary contained in said Note or
the Security Instrument given by Borrower to secure repayment of the Note.
LIMIT ON INTEREST RATE CHANGES
This loan has an interest rate 'floor' which will fimit the amount the interest ram can decrease.
Regardless of any change in the Index, the interest rate during the term of this loan will never be less than
the initial interest rate provided for in Section 2 of the Note.
PREPAYMENT PENALTY - FIRST THREE (3) YEARS OF NOTE
During the first three 131 years of this loan, Borrower may prepay the loan in an amount not exceeding
twenty percent (20961 of the original principal amount in any twelve (12) month period without penalty.
However, during the first three (3) years of this loan, a prepayment charge will be imposed on any amount
prepaid In any twelve (121 month period in excess of twenty percent (20%) of the original principal amount
of the loan. The charge imposed shall be an amount equal to the payment of six (6) months advance
interest on the amount prepaid in excess of twenty percent (20%) of the original principal amount. After
the first three (3) years of this loan, there shall be no prepayment penalty.
lz?
CALVIN L BULL
k] L& 4
DEBORAH E BULL
others
?
Wit-
Witness
A06DWO. 0395 BULL
THO]3]e]
EXHIBIT
L
INIiN RECORDED, NAIL TO,
Advance National Bank USA Qa! .
16075 NEST BERNARDO DRIVE
SAN DIEGO, CA 91137 p
ATTU, DOCUMENT CONTROL
I
Parcel Number: '%
N
ISPae Abore Thil U-. FR, aecnldml NMI
MORTGAGE N
THIS MORTGAGE ("Security Instrument") is given on October 25, 1996
CALVIN L BULL and The mongugnr Is
DEBORAH E BULL
("Borrower"). This Security instrument is given m
Advents National Bank USA
which is Organized and existing under the laws of UNITED STATES OF A316RICA , and whatt
add= is C/0 16075 NEST BERNARDO DRIVE, SAN DIEGO, CA 92127
ONE BURDRED PORTV EIGHT THOUSAND SEVEN HUNDRED TN Lando I. Borr ro 00/100 Owes Lender the principal sum of
This debt is evidencod by Borrower's now dated the same dale as this Security Ira Dollars ("Now"). which Provides , IO 25.00
Payments. with the full debt, not paid =It". due and payable on November 1, 2076 . This Security
aecurd b Lender: (a) the repayment of the debt evidenced by the Note, with interest and all renewals, extensions and
modifrations of the Nom: (b) the payment of all other sums, with interest, advanced undo paragraph 7 to protect Ibe security of
this Security InsnumenE and (c) the performance Of BRGOw'er's covermnts and agreements under this Security Instrument and the
Now. For this purpose. Borrower does hereby mortgage, grant and convey w Lender the following described property located in
Cumberland County, Pennsylvania:
All that tract or parcel of land as Shown on Scheduler •A• attached hereto
which is incorporated herein and made a part hereof.
which has the address of 2 NNEATPIELD DRIVE , CARLISLE
Pennsylvania 17013 IIiP Cudel ("Pr„poly Addrec,"T
PENNSYLVANIA - Single Family - FNMA/FNLMC
UNIFORM INSTRUMENT Form 3039 0/90
(Zt-dHpA)1%oR AmendedIV93 Bood149PACE 650
VYP YeeieAOE i0RY8 n001!]IJall n,E (?
ISaeel,col.
BULL 71,10737117
TOGETHER WITH WI the hnpruvcmen6 now or hereWl" crowd it, der pmpao% nu' all emcalvis, appnncnanves, Whl
. fixture; now or hercafter a pan of the property. All mplaceu¢nts and uddwms.,h:JLL/r `o ,.revered by this Security Instruneut.
AR of the foregoing is refined he in this Security Instrument as The 7wystty '
BORROWER COVENANTS that Harrower is lawfully wised of the mule ha:hy camiyel and has die right it, mortgage,
grant and convey the Property and that the Property is unencumbreL aaog9 f" enewferi "ti of record. Borrow" warrants and
will defend generally doe Oda he The Property against all claims and demedr,.subject m.livi ow.umbrances of record.
THIS SECURITY INSTRUMEW combima uniform covenant to national wr,nd mamuniform covenants with limned
variations by jurisdiction to comments a uniform security instrument covering real propnn.
UNIFORM COVENANTS. Borrow" and Lender covenant and agree in follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Bomswss sa.all promptly pay when due the
principal of and interest an the debt evidenced by the Now and tiny prepayment and law ch"gus due under the NOW.
2. Funds for TUC and Insurance. Subject he applicable law or he a written waive by Lender, Burrower shall pay to
Lender an the day monthly payments we due under the Now, uoW the Nam is paid in full, a sum ("Funds") for: (a) yearly rases
and aueuments which may aumn priority ova this Security Instrument as a lien an the Property; (h) yearly waschuld payments
or ground rent, on the Property, if any; (c) yearly hazard at property ihourmcc preniumsl (d) yearly god insurance premiums. if
any, (e) yearly mortgage insurance premiums. if any; and (0 any sums payable by Borrower to )ender, in accordance with the
provisions of paragraph 8, in lieu of the payment of mortgage insurance pmmimns. These isms are called "Escrow, hems."
Lender may, ar any time, collet and hold Funds in an amount not he exceed the maximum amount a lender for a federally related
mortgage ban may require for Borrower's escrow account under the "real Real Estate S"temcnt Procedure Act of 1974 as
amended from time m dme, 12 U.S.C. Smdon 2601 et seq. ("RESPA"), unless mother law that applies an the Funds sets a lesser
amount If an, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may
estimate the amount of Funds due on the basis of current dam and reasonable estimates of expenditures of future Escrow hems in
n berwise in accordance with applicable law.
The Funds shall be held in an insulation whose deposits we insured by a federal agency, instrumentality, or entity (including
finder, if Lender is such an insulation) or in any Federal Home Loan Bank. Lender shall apply the Funds m pay the Escrow
Items. Lender may not charge Borrow" for holding and applying die Funds, annually analyzing the escrow account. or verifying
the Escrow (hems, un ass lender pays Borrower imhemal on the Funds and applicable law pan its Lender to make such it charge.
However. Lender may require Borrower he pay a onetime charge for an independent real "now am reporting service used by
Lender in connection with this loan, uniess applicable law provides otherwise. Unless an agreement is made or applicable law
requires interest he be paid, lend" shall not be required us pay Borrower any interest or earnings on the Funds. Borrower and
Lender may agree in writing, however, that interest shall M: pail on die FLAWS. Lender shall give as Burrower, wMout charge .xi
annual accounting of the Funds, showing credits and debits m the Funds and the purpose for which each debit m die Funds was
made. The Funds arc pledged in additional =only for all sums secured by this Security Instrument.
If the Funds held by tender exceed the amounts remained he be held by applicable law. Lender shall account in Borrower for
the excess Funds in accordance, with the requirements of applicable law. If the amount of the Funds held by tender at any ume is
not sufficient he pay the Escrow homes when due, lender may so notify Borrow" in writing, and, in such case Borrower shall pay
to Lender the amount necessary he make up the deficiency. Borrower shall make up the deficiency in no Marc than twelve
monthly payments, at Lender's sole disercuon.
Upon paymet in full of all sums secured by this Security Instrument, Lender shall promptly refund to Burrower any Funds
held by Lender. If, under paragraph 2I, Lender shall acquim or wil the Property. Lender, prior to the acquisition or sale of die
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums ucured by this
Security Instrument.
7. Application of Payments. Unless applicable law provides nthcrwisc, all payments roccived by Lender under paragraphs
I and 2 shall be applied: ftul, many prepayment charge due under the Nom; second, to antra m payable under paragraph 2;
third, he interest due fourth, he principal due; and lam, to any lam charge due under the Now,
4. Charges; Liens. Banower shall pay all uses, assessments. charge, fines and impositions attributable m die property
which may wain priority over this Security Instrument, and waschold payments or ground rents, if tiny. Borrower shall pay these
obligations in the monoer provided in paragraph 2, or if not paid in that manna, Empower Shall pay them on time directly he thc
person owed payment Borrower shall prompty furnish in Lender all notices of amount, he be paid under this paragraph. If
Borrower makes these payment dueety. Borrower shall prompdy furnish he Lender receipts evidencing the payments.
Borrower shall prompdy, discharge my lien which has priority over this Security Instrument unless Borrower: (a) agrca in
wrung he the payment of the obligation =used by the lien in a manner acceptable to Lender; (b) contest in god faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate m prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory by Lender subordinating the lien to
this Security Instrument. If lender demrninC that my pan of the Property is subject in a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more
of the actions set forth above within 10 days of The giving of nodce. ,
Farm 3039 9/
IR .aH(PA)hu.. r.wems BB0x1349pa 651 m.,r 6
HHLL M073787
„ S. Bprard or Properly Insurance. Borrower dialI keep the impms coneub now uanry sr Iwrcal let cock Led oa die I'ropfay
Insured against loss by fire, haracds included within the Iron "extended u,veragr' a,?,tem. mhcr bastards. including I1tums or
flooding. fm which Kolar requires Insurance. Ibis insurance shall be mai umnrd is :d,e unta ne, mud for die Iwristls that Lender
requires. The insurance carrier providing the insurance shall be chosen M'&mowm sutlers us lender's approval which shall not
be anrsawrubly withheld, If Borrower fails in maintaft.covemge JeuriL".afuce 'uacle, may, at Lender's option, obtain
Measure M protect Lender's rights in the Property in accordance with paragraph 7
All fnsumnce policies coal renewals shall be acceptable to Lender and shall melude a standard mortgage clause. Lender shall
have the right in hold has policies and renewals. If Lanka requires, Borrower shall Insemphy give as fender all receipts of pond
premiums and rtnewd rocket. In the event of lair, Bonower shall give prompt notice to the insurance caner and Lender. Lender
may stake proof of loss if not made promptly by Borrows.
Unless Lender and Borrower odtcrwiso agree in writing, insurance proceeds shall be applied m rcMratiou or repair of the
Properly damaged, if the maturation or repair is aonomicarly feasible and Lender's security is not Icssend. If die restoration or
repair is not economically fessibh or Lender's =only would be Ieasend, the Inssurancte proceeds shall be applied to the sums
secured by Ibis Security Instrument whether or not that due, with my excess paid to Borrower. If Borrower abandons the
Property, at does not answer within 30 days a notice from Lender that the insurance carrier bas to wide a claim, that
Lender may corral the insurance procedls. LsmJa may use the proceeds to repair or nature the Property or uo pay sums secured
by this Saurily Instrument whether or not than due. The 30-day peed will begin when the notice is given.
Unless Leader and Borrower otherwise agree in writing, my application of proceeds m principal shall not extend or postpone
the due deck of the monthly payments referred to in paragraphs I and 7 or change die amount of the payments. If under paragraph
11 the Property is acquired by fender, Borrowers right to my insurance policies and proceeds resulting from damage in the
Properly prior in the acquisition shall pass in Lender in the extent of the sums secured by this Security lnstmmeia mmmccluiWy
prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Properly; Borrower's Loan Applicaliim; Lae chulds.
Borrower shall occupy, comblish, and use the Property as Bormwr's principal maidens within sixty days after the execution of
this Security Instrument and shall continue to occupy the Properly as Borrower's principal residence for at 1=1 one year after the
date of occupm[y, unlesss Lender otherwise agrem in writing, which cmnsenl shall not be unreasonably withheld, or unless
me auadng circumstances exist which arc heyond Borrower's control, Borrower shall not destroy, damage or impair the Property.
allow the Property us demtiomto, or commit waste on the property. Bonower shall be in default if any forwilure goon or
proceeding, whether civil or criminal, is begun that in Lenders gored faith judgment could result in forfeiture of the Property or
otherwise materially impair the lien created by this Security Instrument or Lender's security imacen. Borrower may cure such a
default and reinstate, in provided in paragraph 18. by causing the action or proceeding m he dismiswl with a ruling that. no
Lender's good faith determination. precludes forfcilurc of the Borrower's interest in the Property or other material impairment of
the lien created by this Security Instrument at Lender's security interest. Borrower shall also be in default if Borrower, during the
loan application process, gave materially raise or inaccurate information or statements to Lender (or failed to provide Lender with
my material information) in connection with the loan evidenced by the Now, including, but not limited m, represennNonf
concerning Borrower's 0aupancy of the Property ate a principal residence. If this Security Instrument is on a kanwhold. Borrower
shall comply with all the provisions or the law. If Borrower acquires fee due m the Property, the leasehold and the fee tide shall
nor merge unless Lender agrees m the mrga in writing.
7. Protection of Lender's Rights in the Properly. If Bonower fails in perform the covenants and agrcemenu conmmrl in
this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in The Prupcny (such as a
proceeding in bamkroptey, protests, for condemnation or forfeiture or in enforce laws or regulations), that Lender may do and pay
for whatever is necessary to protat the value of the Property and Lender's rights in the Property. Lender's actions may include
paying my sums secured by a two which has priority ova this Security Instrument appearing in court, paying ruannablc
aunmeyi Ices and entering on the Property in make repairs. Although Lender may take action under this paragraph 7. Lender
does not have m do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrowa securrl by Nis Security
lastumant Unless Borrow" and Lender agree m other terms of payment these mnounis shall bear interest from the stale of
disbursement at the Note rate and shall be payable, with interest, upon notice from Lander to Borrower requesting payment.
S. Mortgage Insurance. If fender required mortgage insurance in a condition of making the loan secured by this Security
Instrument, Bonower shall pay the premiums required in maintain the mortgage insurance in offal. IL for any reason. die
mortgage insurance coverage required by Lender lapses or ceasrs te be in effect Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in offal, at a cost substantially equivalent m the
cast to Borrower of the mongage insurance previously in effort from an alternate mortgage insurer approved by Lender. II
substantially equivalent mortgage insurance coverage is not available, Bonower shall pay to Lender each month a sum equal m
onalwelflh of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effaL Lendr will accept, use and retain thew payments ns a loss reserve in lieu of mortgage insurance. Loss reserve
Farm 3039 C1 .611IPAhuna ..s. um. BooK1349 PACE-652 "•n[r/`„'-"'-0
BOLL 7M073707
Paymeeta may no lattice he required, at the option of Lender, if mortgage mnur:nree Omvva;;: (in die anuaun anal leer the pentad
that Lender requires) provided by an insurer approved by Lender again bunnies available mu! is ohmmed. Borrower shall pay the
ptaniums required w mambdn mortgage insurance in effect, or to provide a late reserve, unul the requirement far mortgage
minorities ads in examinee with any written agreement between Borrower and lender or p,sticable law.
7, inspection. Lender or its agent may make reasonable entries upon and ingaitirmx of the Property. Lender shall give
Borrower notice al the time of or prior w an inspection specifying reasonable cause for the it gection.
10. Condemnation. The proceeds of my award or claim for damatim dirva ne :mwqucnual, in connection with any
condemnation or other Liking of any pan of the Property, or far conveyance in lien of ondannadon, are hereby assigned unit
shall be paid w Lender.
In the event of a mail Inking of the Property, the proceeds shall be applied in the sums secured by this Security Instrument.
whether or not then due, with any excess paid to Borrower . In the event of a parual Liking of the Property in which the fair market
value of the Property immediately before the Liking is equal as or greater than the amount of the sums secured by this Security
Imwmenl immediately before the taking, unless Borrow" and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the proceeds mumplied by the following fmcuon: (a) die Cowl amount of
the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately before the
taking. Any balance shall be paid as Borrower. In the event of a partial taking of the Property in which the fait market value of the
Property Imrncdiumly before the taking is less than the amount of the sums secured immediately before the Liking, unless
Borrower and lender otherwise agree in wriung or unless applicable law otherwise provides, the proceeds shall be applied to the
sum secured by this Security Instrument whether or not the sums ore then duc.
If the Property is abandoned by Borrower, or if, turner notice by Lender to Borrower that the condemnor offers to make an
award or seine a calm her damage, Borrower falls m respond to Lend" within 30 days after the dam the notice is given, Lender
Is authorized to collect and apply the pmcmis, nt it% option, either in restoration it repair of the Propcrt7 zr :a the sums honed
by this Security Inswment, whether or not then due.
Unless Lend" and Borrower otherwise agree in writing, any application of proceeds to principal shall oat extend or postpone
the due dam of the monthly payments referred In in paragraphs I and 2 at change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modiliuuan
of ammairadon of the sums secured by this Security Insu mcm granted by Lend" w any successor in inmrnst of Barrows shall
east operate to release the liability of the original Borrower or Borrower's saceaors in mMM L Lender shall not he required in
commence proceedings against any successor in interest or refuse to extend time for payment or odmrwise modify mnoruvation of
the rams secured by this Security Instrument by reason of tiny demand made by the original Borrower or Borrower's successors
in interest, Any forbearance by Lender in exercising any right or remedy shall not be a waiver of err preclude die exercise of why
right or remedy.
12. Successors and A sign Bound; Joint and Several Liability; Cosigners. The covenant, and agreements of this
Sanity Instrument shall bind and benefit dm successors and assigns of Lender and Borrower, subject to the provisions of
Paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Nam: (a) is co-signing this Security Instrument only in mortgage, grant and convey that
Bormwera interest in the Property under the terms of this Security Instrument: (b) is not personally obligated m pay the runs
secured by this Security Instrument; and (c) agrees that Lender and my other Borrower may agree to extend, modify, forbear or
make any accommodations with regard an the moms of this Security Instrument or the Note without that Borrower's Consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject in a law which sets maximum loan charges,
and that law is finally inmrprax! so that the inmost or other loan charges collated or to be collated in connaunn with the loan
"teed the permitted limits, then: (a) soy such loan charge shall be reduced by the amount necessary in reduce the charge to the
pamiued limit: and (b) any sums already collated from Borrower which exceeded permitted limits will be refunded in Borrawcr.
Leader may choose to make this refund by reducing the principal owed under the Now or by making a direct payment to
Borrower. If a refund reduces principal, the reduction will be maned as a partial prepayment without any prepayment charge
under the Now.
10. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by mailing it
by first clan mail unless applicable law requires use of another method. The notice shall be directed in the Property Address err
any other address Borrower designmra by nonce in Lender. Any notice to lender shall be given by first class maul to Lender's
address stated herein or any other address Lender designale, by notice no Borrower. Any notice provided far in this Security
Instrument shall be domed in have been given in Borrower or Lender when given as provided in this paragraph.
IS. Governing Law; Severability. Thu Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Saurity instrument or the Nom
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Nom which can be
given effect without the conflicting provision, To this end the provisions of this Security Instrument and the Now we diclued to
be severable.
aN PA peso BilogiMPACE 653 Form 3?0s39 MO
?• ( 1 a ereaore I.., -qtW
BALL M073787
16. Borrower's Copy. Barrow hall be given one conformal copy of yc Note and d ails Seuniy Ioslnonevr
17. Transfer of the P pert or a Beneficial Interest in Burrower. If all or any part of the property or any mt,cat in It hs
sold or transfe mod (or if a benAlcad interest in Bartow, is sold or ounsfmrd and Borrow, is ram a natural p•rwn) without
Ind fed en?pwevu this pilion shader ll no y. tuuopswnb require inif edidi payment m fun of all sums soured Iq dtu Security
Security Instrument Y ryahdnm„ by faleml law as of th. dao; of Iha
If Leader uueius this oyydon, Lend" shall give Borrower notice of acceleration. The mince shall provide a ersou of not less
dust 30 days from the dam JK notice is delivered or mailed within which Bonmwer must pay all sums soured by Wit Saucily
Instrument. If Borrower fails to pay theso sums Prim to the upiration of this period, tender may invoke any rcmuhrs ;mSm I and
by this Security Imlmmut without further notice or demand on Romewer.
16. Borrower's Right to Reinstate. If Borrower meets certain condidom. Borrower shall have the right to have
enforcement of this Saurhy Instrument discontinued at any time prior m the earlier of: (a) 5 days (or such other period as
applicable 4w may rpaify fm reinsmmnem) betom,ylc of tho Property ppursuant to any pow, or sale conlained in this Security
Wtromeng or (b) entry o! aiudgmmt mfoming this Saurily Insrument Those conditions arcdent Boncium (a) trays Lender all
sums which than would be duo under this Security Instrument and the Now a, if no acceleration had acurrrd; (b) cures any
default of any other covenant, or agreunenu; (c) pays all expenses incurred in enforcing this Saudly InaWmmt including, but
not limited m, reasonable ammeys' faro-; and (d) takes such action as Lender may reasonably require to mum that the Jim of this
Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums saurW by this Security
Instrument shed contnue unchanged. Upon rememalment by Bortuwu, this Security Instrument and the obligations secured
hereby Shall remain fully effective as if no acceleration had occurred. However, this right to minsum shall not apply in the taut of
"col ha n undo- puagroph 17.
ji.Saeor Note; Chioge of Loan Services. The Nom or a partal interest in the Now (together with this Security
Instrument) may be sold we or more lima without prior notice in Borrower. A sale may result in a change in the enddy (known
a the *Loan Smka*) that collects monthly payments due under the Now and this Security Instrument, There also may be one or
tome changes of the Lom Servicer unrelated to a sale of the Now. If thuc is a change of the Lain Senrica. Borrower will be
Sim written notice of the change in accordance with paragraph 14 above and applicable law. The notice will stain the name am
addrav of tiro new Loan Smic" and the addrrais to which paymmt, should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of zany
Hazardous; Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that Is in violation of my Environmental Law. The preceding two scmenees shall nod apply to the presence, use, or storage on the
Ropeny of quanutiu of Hazardons Substanw tut arc gmu
small aliy recognized to be appropriate to normal residential axes
and to maimm?anm ofth e y
Borrower dial prompdy give Ifahder writmn notice of any invutigudon, claim, demand, lawsuit or other action by any
a the Propert
ry y and any Hazardous Substance or Environmental law
of which B
govemmenW m rcgulam .8-Y ar Private party involving
syme a awn has artual knowlalga If Borrower Irons, or is notified by any gavemmcnW or regulatory authority, that any
removal or other rcmelwtian of my Hazardous Soluble a alfating the Property is necessary, Bartow, shall promptly take cell
nassary remedial rations In accordance in
with Fnvironenm Lnw.
As ,sod he this paragraph 20, 'Hmardo_ Substances l ' x tense
substances defined at toxic or hamNous substances by
EnvummenW law and the following substances : gasoline, kcrosme, other Bammahlc or toxic pcmleum products. toxic
putieida end hubleidu, volatile solvents mamriaLa containing asbestos or formaldehyde, and muliawtive mammals. As used in
this paragraph 20, 'FnYdo m e Law' means federal rows and laws of the jurisdiction where the Papcrly is kxrrcJ tut relate
b health , sofery or mvtronmenW proheuon.
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Ilorrower prior In acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument (but not prior it) acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shall notify Borrower or, among other things: (a) the default; (b) the action
required to cure the default; (c) when the default most be cured; and led that failure to cure the detente as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Properly. Lender shall further inform Burrower of the right to reinstate after acceleration and the right to assert in the
foreclosure prmeeding the non-existence or a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured ns specified, Lender, at its option, may require immediate payment in full of all sums secured by
this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including,
but not limited In, attorneys' fees and costs of title evidence to the extent permitted by applicable sew.
22. Release. Upon payment of all sums secured by this Security Instrument this Security Inswmml mid the amc
conveyed shall terminate and become void. Afar such occurrence, Lender shall discharge and satisfy this Security Instrument to
Borrower. Borrower shall pay my recordation cosh. Lender may charge Bornover a fee for relasing this Security Instrument. but
only if the fee is paid to a third parry for services rendered will the charging of the fee is permitted under applicable law.
23. Waivers. Borrower, in the extent permitted by applicable law, waives and relemcs my error or defeats in proceedings to
enforce this Security Instrument, and hereby waives the benefit of my present or future laws providing for stay of execution,
amnion of time, exemption from attachment, levy and sale, and homestead exemption.
Bcox1349PAGE 654
•aH(PA)team Form 3039
v.aam° lGS?a9
SUL TX073787
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph IS :hall extend in one hour pnor to the
2ammencement of bidding at a sheriffs sale or other safe pursuant in this Securily Imunllleot
2S. Purchase Money Mortgage. If any of the debt secured by this Security InsWUaol it lent to Borrower to acyu to We to
the Property. this Security Instrument shall be a purchase money mortgage,
26. Interest Rate After Judgment. Borrower ogre" that the interest me, payable enter a judgment is commit en the Note
or in an action of mortgage foreclosure shall be the tot: payable from time to time under die Now.
27. Riden to this Security Instrument. If one or more riders ac executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each suet. rider shall he incorporated into and shall amend and .supplement
the covenants and agrameun of this Security Instrument as if the rider(s) were a pan of this Security Instrument.
[Check app'licabic box(a)I
LJ Adjustable Roc Ride ? Condominium Rider ? 14 Family Rider
? Grachutcd Payment Ride ? Planned Unit ncvclopmenl Rider ? Biweekly Payment Rider
Balloon Ride ? Ram Improvement Rider t._1 Second Home Rider
VA Ride ? Othe(s) Isp rifyl
BY SIGNING BELOW, Borrower xcepts and agrca to the tams and coven: conuined i this Secunty Insuanent and m
my ride(s) executed by Borrower and recorded with it.
Wiaasra:
Sul)
dZurfAEL BOLL .p„rro.er
LJ-9, _(Seal)
DFBORAB X BOLL .N„rr„wrr
nurtave
Certificate of Residence
1,
the within named Mortgage: is
Witness my hand this day of
Ilnrrnver
do hereby ecrofy that the correct address it
- ?'?1 ACrnl of MurIC.COe
COMMONWEALTH OF PENNSYLVANIA, ?ctrr,f?tv...., Countyss:
On this, the , U ,
0? 5 day of bC.+ Id It 6 before me, the undersigned officer.
personally appeared! D ?. ,0 t ?J
t.4w known to me (or satisfactorily proven) in be the
Person 5 whose time CAA- subscribed m the within instrument and acknowledged that
aecutW the same for the purpares heein contained.
IN WITNESS WHEREOF, I hereunto act my hand and official seal
.
My Commission Expua: ,?,,,,pp,?c'r•""Pa,'.ev?(,, sS(,gnAn"- ?A-
r°'afN` } x 'jar' 7i0TAAlAL SEAL
/J• I
Tide of officer j:X-ISifirq Daup!IIA County
Illy ccmmisslan ExpltaNoy 2,1097
U49PADE 655 2ato7J707
ILLEGIBLE ORIGINAL
onm 2A im "I
sc?PJ+.lFiB a L, ,n G t 5 s
:..:, :..,.,.,.]`r... a:. ,._._,. ,. .:x.....aa.> x ']rte r.., me2•:17rI 3a .
it]S:-9n4 JOJ(ii SI?':ti .^.: ova= .L'::.. _3 ? 7 eta l m 'V. ] C 1.
C?vnn Lots:
:: t":::.: c. ?a:: ?_":::;}?•?'`. =Y:r' -
Beata satenc3stu: hunWely 400:
Mg M21
_ 3.
9 £.L
Emg
E!2:fM.=
U'!(tic?C:.:DJ3.:?7L .....,. .. .. r ..... .. .. ....._..._..._.
Eic:ic?'::Ei t..•'. -..+J ,^r•+ 'c,Ta'_sP:'.^:?!_- I Ce3`J._ _ r:: _ ,..
ii?.$GA7. G4 d] T + _ . i
'L
ILLEGIBLE ORIGINAL
.3 31 Pennsylvania SS
""' of Cumberlsnd
.etl the office to tha rewrdmp M Daeds
rand berlend Coun -
ao voT Pepe
I" PA
:n my hand .seal0l ? '?l(•'
this day of
9
fl
600d349ME 656
EXHIBIT -
V
ADVANTA
CALVIN L BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanta
Mortgage
ru iaDATE: July 2, 1999
RE: Loan number 2180719
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present
holder of the Note and mortgage referenced by the above identified
loan number. ADVANTA Mortgage Corp. USA is the servicing agent
for the holder authorized to act on its behalf.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each, commencing May 01, 1999 and subsequent
installments thereafter. Late charges have also accrued to this
date. Late charges are assessed if the monthly payment is not
received within the grace period set forth in your Note. Your
monthly late charge is $77.49.
Other charges may have also accrued which are due in order to cure
your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT
NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS:
Payments of $1,476.11 each commencing May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5,984.29
Current Late Charges $ 154.98
Deferred Late Charges $ 742.27
Current Return Check Fees $ .00
Deferred Return Check Fees $ .00
Advances by Servicer $ 1,236.70
Advances by Investor ,. $ .0 0
LESS: Partial Payments/ Forbearance $ .00
Misc. Unapplied Funds $ .00
TOTAL AMOUNT TO CURE DEFAULT: $ 8,118.24
YOU MAY CURE THIS DEFAULT within 30 days of the date of this
letter by paying to us the amount of $8,118.24 plus additional
installment payments that come due and any late charges and other
charges or fees which have accrued or have been paid on your
behalf during that time. Such payment must be made in the the
form of cash, certified or bank check, or money order, payable to
ADVANTA Mortgage Corp. USA and delivered to the following address:
ADVANTA Mortgage Corp. USA
Collection Dept. #350
10790 Rancho Bernardo Rd.
San Diego CA 92127
If you do not cure the default within 30 days, we intend to
exercise our right to accelerate the mortgage. This means that
whatever is owing on the original amount borrowed will be
considered due immediately and you will lose the chance to pay off
the original mortgage in monthly installments. If you do not cure
the default within 30 days, we intend to instruct our attorneys to
start a lawsuit to foreclose on the mortgaged premises. If the
mortgage is foreclosed upon, your mortgaged property will be sold
by the County Sheriff to pay off the mortgage debt. If we refer
your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees, actually incurred, up
ADV NTA Mortgage
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
CALVIN L BULL ., 1114 ,,.u
Page Two to to $50. However, if legal proceedings are started against you,
you will have to pay the actual incurred reasonable attorney's
fees, even if the fees are more than $50.
All attorney's fees will be added to whatever amount you owe us,
which may also include our reasonable costa. IF YOU CURE THE
DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO
PAY ATTORNEY'S FEES.
We may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage. However, if you have
filed a bankruptcy and this mortgage debt was discharged, we
cannot sue you personally. If you have not cured the default
within the 30 day period and foreclosure proceedings have begun,
you will have the right to cure the default and prevent the sale
at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid amount due
plus any interest and late or other charges then due, as well as
the reasonable attorney's fees and costs connected with the
foreclosure sale (and perform any other requirements under the
mortgage).
It is estimated that the earliest date that such a Sheriff's Sale
of your Premises could be held would be approximately 90 days from
the date foreclosure preceedings begin. This is just an estimated
date.
A notice of the actual date of the Sheriff's Sale will be sent to
you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at
any time exactly what the required payment will be by calling us
at (800) 598-7916, between the hours of 5:00 a.m. and 9:00 p.m.
Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00
a.m. and 12:00 p.m. Sunday, Pacific Standard Time.
You should realize that a Sheriff's Sale will end your ownership
of the mortgaged property and your right to remain in it. If you
continue to live in the property after the Sheriff's Sale, a
lawsuit could be started to evict you.
You have additional rights to help protect your interest in the
property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY
TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE
RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO
THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT
AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO
OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
If you cure the default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not
entitled to cure a default more than three times in any calendar
year.
Collection Department #350
ADVANTA Mortgage Corp. USA
WP12/ACT6BPF File Copy
-------------
75
1a
SENT TO. ...Pr,.LI ?,..
d
N
N L.LL I1.1 L .IULL
N c b1L Al f 1.tU 11.t I'L.
r
e' LA.ILI'ILL
1•A l/?.I.o
a
PE?un4
PLr[Vt
N iET:?E
O
M
PS FORM 38oo US Postal Service Receipt for
Certified Mail
<LOl/lY Auluor 11LY 1: JGU
V.
ADVANTA
DEBORAH K BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanta
Mortgage
u,, P :n wr.e .nnr
n.rn ..r rmro
DATE: July 2, 1999
RE: Loan number 2180719
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
YOU ARE IN DEFAULT OF YOUR OBLIGATION TO YOUR LENDER, the present
holder of the Note and Mortgage referenced by the above identified
loan number. ADVANTA Mortgage Corp. USA is the servicing agent
for the holder authorized to act on its behalf.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each, commencing May 01, 1999 and subsequent
installments thereafter. Late charges have also accrued to this
date. Late charges are assessed if the monthly payment is not
received within the grace period set forth in your Note. Your
monthly late charge is $77.49.
Other charges may have also accrued which are due in order to cure
your loan. AS OF THE DATE OF THIS LETTER, THE TOTAL AMOUNT
NECESSARY TO CURE THE DEFAULT IS AS FOLLOWS:
Payments of $1,476.11 each commencing May 01, 1999
through may 01, 1999:
(Corporate Advances included) $ 5,984.29
Current Late Charges $ 154.98
Deferred Late Charges $ 742,27
Current Return Check Fees $ .00
Deferred Return Check Fees $ .00
Advances by Servicer $ 1,236.70
Advances by investor $ .0 0
LESS: Partial Payments/Forbearance $ .00
Misc. Unapplied Funds $ .00
TOTAL AMOUNT TO CURE DEFAULT: $ 8,118.24
YOU MAY CURE THIS DEFAULT within 30 days of the date of this
letter by paying to us the amount of $8,118 .24 plus additional
installment payments that come due and any late charges and other
charges or fees which have accrued or hav e been paid on your
behalf during that time. Such payment must be made in the the
form of cash, certified or bank check, or mone y order, payable to
ADVANTA Mortgage Corp. USA and delivered to the following address:
ADVANTA Mortgage Corp. USA
Collection Dept. #350
10790 Rancho Bernardo Rd.
San Diego CA 92127
If you do not cure the default within 30 days, we intend to
exercise our right to accelerate the mortgage. This means that
whatever is owing on the original amount borrowed will be
considered due immediately and you will lose the chance to pay off
the original mortgage in monthly installments. If you do not cure
the default within 30 days, we intend to instruct our attorneys to
start a lawsuit to foreclose on the mortgaged premises. If the
mortgage is foreclosed upon, your mortgaged property will be sold
by the County sheriff to pay off the mortgage debt. If we refer
your case to our attorneys, but you cure the default before they
begin legal proceedings against you, you will still have to pay
the reasonable attorney's fees, actually incurred, up
IQ/ AWanta
ADVANPA Mortgage
NOTICE OF INTENT TO FORECLOSE ON MORTGAGE
DEBORAH K BULL
Page Two x.,.<wru.. I AWN%'
.ran...... u,rv
to $50. However, if legal proceedings are started against you,
you will have to pay the actual incurred reasonable attorney's
fees, even if the fees are more than $50.
All attorney's fees will be added to whatever amount you owe us,
which may also include our reasonable costs. IF YOU CURE THE
DEFAULT WITHIN THE THIRTY-DAY PERIOD YOU WILL NOT BE REQUIRED TO
PAY ATTORNEY'S FEES.
We may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage. However, if you have
filed a bankruptcy and this mortgage debt was discharged, we
cannot sue you personally. If you have not cured the default
within the 30 day period and foreclosure proceedings have begun,
you will have the right to cure the default and prevent the Bale
at any time up to one hour before the Sheriff's foreclosure sale.
You may do so by paying the total amount of the unpaid amount due
plus any interest and late or other charges then due, as well as
the reasonable attorney's fees and costs connected with the
foreclosure sale (and perform any other requirements under the
mortgage).
It is estimated that the earliest date that such a Sheriff's Sale
of your Premises could be held would be approximately 90 days from
the date foreclosure preceedings begin. This is just an estimated
date.
A notice of the actual date of the Sheriff's Sale will be sent to
you before the sale. Of course, the amount needed to cure the
default will increase the longer you wait. You may find out at
any time exactly what the required payment will be by calling us
at (800) 548-7916, between the hours of 5:00 a.m. and 9:00 p.m.
Monday through Friday, 6:00 a.m. and 3:00 p.m. Saturday and 6:00
a.m. and 12:00 p.m. Sunday, Pacific Standard Time.
You should realize that a Sheriff's Sale will end your ownership
of the mortgaged property and your right to remain in it. If you
continue to live in the property after the Sheriff's Sale, a
lawsuit could be started to evict you.
You have additional rights to help protect your interest in the
property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY
TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT
CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. YOU HAVE THE
RIGHT TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF
THIS DEBT.
YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PREMISES SUBJECT TO
THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WOULD CURE THE DEFAULT
AND ASSUME THE MORTGAGE DEBT PROVIDED THAT ALL OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO
OR AT THE TIME OF SALE. CONTACT US TO DETERMINE UNDER WHAT
CIRCUMSTANCES THIS RIGHT MIGHT EXIST.
If you cure the default, the mortgage will be restored to the same
position as if no default had occurred. However, you are not
entitled to cure a default more than three times in any calendar
year.
Collection Department #350
ADVANTA Mortgage Corp. USA
WP12/ACT6CPF File Copy
"I 11111? 11
P
P
P
m
scrum, • JJ POSTMARK 01 OLIF
WE" y1
IE
G
O
SENT TO'. Iln
CR
JU 'Y
6
',: 'AU<dn r. MULL
. bl_11 r1•:L i UNa v,. i
V •r .41 .L r. P.• !A„1!
PS FORM 38W US Poelal Service c
.10, Ivy
Certified Mall
/Y L1 J,. 1lY ALIb1V JCPA? J'a
.`1
u"p
elfRIGIT
ADVANTA
CALVIN L BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanla
Mortgage
DATE: July 2, 1999
RE: Loan number 2180719
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS.
Your mortgage is in default because you have failed to pay
promptly installments due for a period of at least 60 days.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each due 5/01/99 and monthly thereafter as well as other
charges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS
FOLLOWS:
Payments of $1,476.11 each for May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5
984
29
Current Late Charges $ ,
.
15
Deferred Late Charges
$ 9.96
7
Current Return Check Fees
$ 92 27
00
Deferred Return Check Fees $ .
Advances by Servicer
$ .00
1
236
Advances by Investor
$ ,
.70
0
LESS: Partial Payments/Forbearance
$ .
0
00
Misc. Unapplied Fund, $ .
.00
TOTAL DEFAULT:
$ 8,118.24
You may be eligible for financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions of
the Homeowners' Emergency Mortgage Assistance Act of 1983 (the
"Act"). You may be eligible for emergency temporary assistance if
your default has been caused by circumstances beyond your control,
and if you meet the eligibility requirements of the Act as
determined by the Pennsylvania Housing Finance Agency. Please
read all of this Notice, it contains an explanation of your
rights.
Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for 30 days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting
with a representative of ADVANTA Mortgage Corp. USA, or with a
designated consumer credit counseling agency. The purpose of that
meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. That meeting must occur in the
next 30 days.
If you attend a face-to-face meeting with ADVANTA Mortgage Corp.
USA, or with a consumer credit counseling agency identified in
this Notice, no further proceeding in mortgage foreclosure may
take place for 30 days after the date of that meeting. You can
contact a representative of ADVANTA Mortgage Corp. USA by
telephoning our toll free number (800) 548-7916 between the hours
of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m.
Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard
Time.
The name(s), address(es) and telephone number(s) of (a) designated
consumer credit counseling agency(ies) is (are) attached.
V.
ADVANTA Advanta
Mortgage
NOTICE OF HOMEOWNERS' EMERGENCY ;"r c."?°'•?"'°b
..ry CALVIN L BULL MORTGAGE ASSISTANCE ACT's'^+-??sn
PAGE TWO
It is only necessary to schedule one face-to-face meeting. You
should advise ADVANTA Mortgage C
orp. USA immediately of your
intentions.
If you have tried and are unable to resolve this
after your face-to-fac
i
l
t
e meet
ng, you have the right to
apply
for
financial assistance from Homeowne
'
rs
Emergency Assistance
Application with the Pennsylvania Housing Finan
c
A
ce
gency. The
onsumer credit counseling agency will assist you in filling
your application
o
ut
. It moat be filed or postmarked within 30 d
a
of of your face-to-face meeting.
You must either mail your application to the Pennsylvania Housing
Finance Agency or
you must file it at the office of one of the
attached designated consumer credit
counseling agencies listed on
the attachment to this Notice.
The Pennsylvania Housing Finance Agency is located at: 2101 North
Front Street
P
O
,
.
. Box 8029, Harrisburg, Pennsylvania 17105.
Telephone Number (717) 780-3800
or 1-800-342-2397 (toll free
number).
An application for assistance may be obtained from a c
credit
onsumer
counseling agency or directly from the Pennsylvania Housing
Finance Agency.
1
It is extremely important that you file your application promptly.
If you do not do so
i
, or
f you do not follow the other time
periods set forth in this letter, foreclosure ma
ro
o
d
y p
cee
y
against
ur home immediately.
Available funds for emergency mortgage assistance are very
limited. They will be disbur
d
se
by the Agency under the
eligibility criteria established by the Act.
It is extremely important that your application is accurate and
complete in ev
ery respect. The counseling agency will help you to
fill out the application. The Pennsylvania H
i
ous
ng Finance Agency
has 60 days to make a decision after it
i
rece
ves your application.
During that additional time, no foreclosu
re proceedings will be
pursued against you if you have met the time
requirements set
forth above. You will be notified directly by that Agency of its
decision o
n your application.
La notificacion en adjunto es de sums. importancia, pues affects su
derecho a continuar viviendo
an su casa. Si no comprende el
contenido de esta notificacion obtanga un
i
a traducion
mmediatamente llamando esta agencia (Pennsylvania Housing Finance
Agency) sin
cargos al numero mencionado arriba. Puedes ser
eligible ara un
P prestamo
or
l
p
e
programs llamando '-Homeowner's
er's
Emergency Mortgage Assistance Program- el cu
l
puede salver ealvar su
a
case de la perdida del derecho a redimir su hipoteca esi+.
=::
.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED
WILL BE USED FOR TH .,
AT PURPOSE.
Collection Department 8350 a
ADVANTA Mortgage Corp, USA
Attachment: Consumer Credit Counseling Agencies
WP12/ACT9IBP File Copy
ADVANTA
CONSUMER CREDIT COUNSELING AGENCIES
Cumberland County
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
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
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX µ (717) 243-3948
Advanta
Mortgage
ros
W
SENT
.
h
N bOLYLI L 30L1.
? ?dtl..dlt3?L? Ur:1 Y.=
r
b1Y.L1iLL N.. 11:%1,
6
PS FORM 3800 US Postal SarYlta
Receipt for
Certified Mail
NO/
ADVANTA
DEBORAH K BULL
2 WHEATFIELD DRIVE
CARLISLE PA 17013
Advanfa
Mortgage
DATE: July 2, 1999
RE: Loan number 2180719
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR
FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS.
Your mortgage is in default because you have failed to pay
promptly installments due for a period of at least 60 days.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY installments of
$1,476.11 each due 5/01/99 and monthly thereafter as well as other
charges. AS OF THE DATE OF THIS LETTER YOU ARE IN DEFAULT AS
FOLLOWS:
Payments of $1,476.11 each for May 01, 1999
through May 01, 1999:
(Corporate Advances included) $ 5
984
29
Current Late Charges $ ,
.
154
98
Deferred Late Charges $ .
742
Current Return Check Fees
$ .27
0
Deferred Return Check Fees
$ .
0
0
Advances by Servicer
$ .
0
1
236
Advances by Investor
$ ,
.70
0
LESS: Partial Payments/Forbearance
$ .
0
00
Misc. Unapplied Funds $ .
.00
TOTAL DEFAULT: $ 8,118.24
You may be eligible for financial assistance that will prevent
foreclosure on your mortgage if you comply with the provisions of
the Homeowners' Emergency Mortgage Assistance Act of 1983 (the
"Act"). You may be eligible for emergency temporary assistance if
your default has been caused by circumstances beyond your control,
and if you meet the eligibility requirements of the Act as
determined by the Pennsylvania Housing Finance Agency. Please
read all of this Notice, it contains an explanation of your
rights.
Under the Act, you are entitled to a temporary stay of foreclosure
on your mortgage for 30 days from the date of this Notice. During
that time you have the right to arrange a "face-to-face" meeting
with a representative of ADVANTA Mortgage Corp. USA, or with a
designated consumer credit counseling agency. The purpose of that
meeting is to attempt to work out a repayment plan, or to
otherwise settle your delinquency. That meeting must occur in the
next 30 days.
If you attend a face-to-face meeting with ADVANTA Mortgage Corp.
USA, or with a consumer credit counseling agency identified in
this Notice, no further proceeding in mortgage foreclosure may
take place for 30 days after the date of that meeting. You can
contact a representative of ADVANTA Mortgage Corp. USA by
telephoning our toll free number (800) 548-7916 between the hours
of 5:00 a.m. and 9:00 p.m. Monday, 6:00 a.m. and 3:00 p.m.
Saturday and 6:00 a.m. and 12:00 p.m. Sunday, Pacific Standard
Time.
The name(s), address(es) and telephone number(s) of (a) designated
consumer credit counseling agency(ies) is (are) attached.
ADV NTA Mor gage
NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT
DEBORAH K BULL
PAGE TWO
It is only necessary to schedule one face-to-face meeting. You
should advise ADVANTA Mortgage Corp. USA immediately of your
intentions.
If you have tried and are unable to resolve this problem at/or
after your face-to-face meeting, you have the right to apply for
financial assistance from Homeowners' Emergency Assistance
Application with the Pennsylvania Housing Finance Agency. The
consumer credit counseling agency will assist you in filling out
your application. It must be filed or postmarked within 30 days
of your face-to-face meeting.
You must either mail your application to the Pennsylvania Housing
Finance Agency or you must file it at the office of one of the
attached designated consumer credit counseling agencies listed on
the attachment to this Notice.
The Pennsylvania Housing Finance Agency is located at: 2101 North
Front Street, P.O. Box 8029, Harrisburg, Pennsylvania 17105.
Telephone Number (717) 780-3800 or 1-800-392-2397 (toll free
number).
An application for assistance may be obtained from a consumer
credit counseling agency or directly from the Pennsylvania Housing
Finance Agency.
It is extremely important that you file your application promptly.
If you do not do so, or if you do not follow the other time
periods set forth in this letter, foreclosure may proceed against
your home immediately.
Available funds for emergency mortgage assistance are very
limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act.
It is extremely important that your application is accurate and
complete in every respect. The counseling agency will help you to
fill out the application. The Pennsylvania Housing Finance Agency
has 60 days to make a decision after it receives your application.
During that additional time, no foreclosure proceedings will be
pursued against you if you have met the time requirements set
forth above. You will be notified directly by that Agency of its
decision on your application.
La notification en adjunto es de suma importancia, pues affects su
derecho a continuar viviendo an au casa. Si no comprende el
contenido de esta notification obtanga una traducion
immediatamente llamando esta agencia (Pennsylvania Housing Finance
Agency) sin cargos al numero mencionado arriba. Puedes ser
eligible para un prestamo por el programs llamando "Homeowner's
Emergency Mortgage Assistance Program" el cual puede salver su
casa de la perdida del derecho a redimir su hipoteca.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ALL INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Collection Department #350
ADVANTA Mortgage Corp. USA
Attachment: Consumer Credit Counseling Agencies
WP12/ACT9ICP File Copy
N/
ADVANTA Advanta
Mortgage
CONSUMER CREDIT COUNSELING AGENCIES -„i,n. u..er
rv
Cumberland County
Consumer Credit Counseling Service
of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, PA 17101
(717) 234-5925
FAX g (717) 232-4985
YMCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX # (717) 243-3948
m
h
ru
ti
r
PoSiMMA VA OAiF gQg
4
UILL
[ •??n..U YILLU Ja Vc
S
LNALI•LL rN I/U.J
PS FORM 3800
Receipt for
Certified Mail
.1+. I L r A L I YILr JCV I: J'r1
FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after receipt of
this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed
to be valid by us. If said notification is sent to us in writing, we are required to provide you with
verification of the debt. In the event within a 30-day period you request in writing the name of
the original creditor, it will be provided to you if different from the current creditor. In the event
that you dispute the debt and/or request the name of the original creditor in writing within the
30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the
verification and/or name of the original creditor has been provided to you.
This law firm is attempting to collect this debt for our client and any information obtained
will be used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is
separate and distinct from the foregoing Complaint which must be responded to in conformity
with the instructions therein. Because of the difference in time parameters, we will not move for
Default Judgment for at least thirty (30) days from the date of service of this Complaint upon
you, and if you request verification, we will not move for Default judgment until a reasonable
time after verification has been provided, and after the expiration of the thirty (30) day period
from the date of service.
EXHIBIT
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S.14904 relating
to unswo /m falsifications to authorities, that he/she// is e- e e- 44 r ni
/?0 /1 P_C to tk 2 S" .oaRvi 50k of LI n ,?rsF , plaintiff herein, that
.nom. (Title) (Company)
he is duly authorized to make this Verification, and that the facts set forth in the foregoing
Complaint are true and correct to the best of his/her knowledge, information and belief.
(Signature)
WELTMAN, WEINBERG & REIS
G.. LPA
ATTORNEYS AT LAW
26011(opO?n Ruildin{
436 SeveulE Avenue
Pitbbur& PA 15219
(412) 434-7955
CLEVELAND , COLLMUS , CINCINNATI , PITTSBURGH
Bane rs "Tw) (pCA
Plaintiff
Vs.
Ou11/1n L. 1Ru!I +
Defendants.
NO:
Please serve ' 10110, L 214 // or an adult person in charge of the
residence at ?2 A)U(d dI 7,)J (tj dA( , PA l Q6 3
Very Truly Yours,
YJ?vC.
Angela . Schofield
Paralegal
WELTMAN, WuNBERG & Ras
fa.. LP.A.
ATTORNEYSATLAW
2601 I(oppus Building
436 Scventh Avenue
Pittsburgh. PA 15219
(412)434.7955
CLEVELAND , COLUMBUS . CBVCLMUTI , PITTSBURGH
PAtikol, injn4 rL) t)ICA
Plaintiff
N0:
Vs.
0 (ulri So I1 ?
L B m l
Defendants.
Please serve '-b &vd h k • B4 l or an adult person in charge of the
residence at ? k he!IM61 pf,4 r/?llrfIl A/q )")U/ ?
Very Truly Yours,
Angela . Schofield
Paralegal
(i y f
I
l_ l_ 1
L O
.(7 vJ
?J
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05359 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA NA
VS.
BULL CLAVIN L ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BULL CALVIN L the
defendant, at 20:10 HOURS, on the 2nd day of September
1999 at 2 WHEATFIELD DRIVE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DEBORAH K. BULL
a true and attested copy of the COMPLAINT - 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 4.34
Affidavit .00 Surcharge 8.00 R? omas in
II??
09/07 1J99EINBERG & REIS
by ?dl i??
epu y 5 ri
Sworn and subscribed to before me
this 1'7- day of
199_ A.DUUnn ?/Y cEY?1? ?Qp?
ro np ar 1 +
CASE NO: 1999-05359 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANKERS TRUST COMPANY OF CA NA
VS.
BULL CLAVIN L ET AL
HAROLD WEARY
Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - MORT FORE was served
upon BULL DEBORAH K the
defendant, at 20:10 HOURS, on the 2nd day of September
1999 at 2 WHEATFIELD DRIVE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to DEBORAH K. BULL (WIFE)
a true and attested copy of the COMPLAINT - MORT FORE
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So am
Docketing 6.00
Service .00
Affidavit .00
Surcharge 8.00 II A-I omas R i 5 eri
$-09/07 1g9WEINBERG & REIS
epu 5 e1?f
Sworn and subscribed o before me
this day of
19?? A. D.
l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST CO. of CALIFORNIA
N.A., assignee of ADVANTA NATIONAL
BANK, USA,
Plaintiff
No.: 99-5359
VS.
CALVIN L. BULL and DEBORAH K. BULL,
Defendants.
TYPE OF PLEADING:
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Kimberly J. Hong
PA I.D. #74950
Weltman, Weinberg & Reis Co., L.P.A.
2601 Koppers Building
4367 1h Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#01702497
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BANKERS TRUST CO. of CALIFORNIA
N.A., assignee of ADVANTA NATIONAL
BANK, USA,
Plaintiff No.: 99-5359
VS.
CALVIN L. BULL and DEBORAH K. BULL,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE
PROTHONOTARY:
Kindly settle and discontinue the above-captioned matter and mark the docket
accordingly.
Respectfully submitted:
Weltman, Weinberg & Reis Co., L. .A.
By: I
Kimberly J. Hong
Waltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
4367 m Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn subscribed befor
This day of D '2002.
Notary
NOTARIAL SEAL
iANGELA M. SC HOFIELD, NOTARY PUBLIC
ICI M COMMISSION EXPIRES MA CH 8 006TM
r
u?C N
r
Wit" r- ill
?=? v U