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HomeMy WebLinkAbout99-06216 'Ail 5 ?? b }} (a i I , tR ati st f?ti.. t . i 't ? . pY o s I ? t M07 f ,.' 1 Z' u.i l ? x ST. yy' t 3 LPt'a ?. i" g? a r?nrt "t t b r br St ' § p .e s3?A f n5 E ,'? tt; ? ? J qq 15 £ ? ? t F la ,t f ? 9A t 3 2 3 y # k `9 "A: °t ? a t t t 53 y ? r C6 ' Ji 3 ] { k - .? V Y XY < Ji al p p:D - t 34t F ' a : r, nt i f ll _S Y PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6216 CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE OF JUDGMENT TO: Jahn W. Terry You are hereby notified that on November 29, 1999 the following judgment has been entered against you in the above captioned case: Judgment in favor of PNC Bank, National Association, Plaintiff, and against Defendant, John W. Terry, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 Dollars (S 114,723.44) plus interest in the amount of $21.22 per day through the date of payment, including on and after the date of entry of judgment on the Complaint, and for costs and expenses and attorney's fees and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, John W. Terry, to Plaintiff s Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. av , k Z r' LIU Dated: k- 3- / Prothonotary I hereby certify that the proper person/entity to receive this notice under Pa. R.C.P. 236 is: John W. Terry 915 Baltimore Pike Gardners, PA 17324 1 Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: By: 1 M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for PNC Bank, National Association 2 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : NO. 99-6216 : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE NOTICE OF JUDGMENT TO: Karen S. Boose You are hereby notified that on November 29, 1999 the following judgment has been entered against you in the above captioned case: Judgment in favor of PNC Bank, National Association, Plaintiff, and against Defendant, Karen S. Boose, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 Dollars ($114,723.44) plus interest in the amount of $21.22 per day through the date of payment, including on and after the date of entry of judgment on the Complaint, and for costs and expenses and attomey's fees and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendant, Karen S. Boose, to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Dated: la- 31? ` Prothonotary I hereby certify that the proper person/entity to receive this notice under Pa. R.C.P. 236 is: Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 1 ?Y [! Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 1 J w I I4 ?' By: Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for PNC Bank, National Association 2 I'NC BANK, NATIONAL ASSOCIATION, Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6216 : CIVIL ACTION -LAW : MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter judgment in the above-captioned proceeding in favor of PNC Bank, National Association, Plaintiff, and against Defendants, John W. Terry, Jr. and Karen S. Boose, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 Do!lars ($114,723.44) plus interest in the amount of $21.22 per day through the date of payment, including on and after the date of entry of judgment on the Complaint and for costs and for foreclosure and sale of the mortgaged property. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants, John W. Terry, Jr. and Karen S. Boose to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Respectfully submitted, SAIDIS, SHUFF Date: November 24, 1999 MASLAND Marl M. Ledebohni, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff I hereby certify that a notice of intent to take a default judgment was forwarded to John W. Terry, Jr. and Karen S. Boose by United States Mail, First Class, postage prepaid on November 12, 1999. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached ereto and marked Exhibits "A" and "B", respectively. ?? ? M. Lcdebbhin, Esquire PNC BANK, NATIONAL ASSOCIATION : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : NO. 99-6216 : CIVIL ACTION - LAW : MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: November ', 1999 By: Kar M. Led bohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff Exhibit "A" 1 PNC BANK, NATIONAL ASSOCIATION Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6216 : CWIL ACTION -LAW : MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 Date: November IL 1999 Respectfully submitted, SAIDIS, SHUFF & MASLAND ey: L Karl . Ledebohm, squire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER """•'°'romSaidis, Shuff & Masland 710 A?r4g} 6t Camp Hill, PA 17011 Ono PIOCO of arolnorY mad 1aorFEaaa to: J56H W , TEP-e? 1 _ -• 9i?' ?At,71cMaP? Jul E' Ps Form 3817, Mar. 1989 Saidis, Shuff & Masland , 91nq arka+ Straet Camp Will PA 17011 ? I Ona 7:. of oroMOrY moll oad"CUA tot rte, ojw -4 , `?? ... . •. . Kam- PS Form 3817, Mar. 1989 , Exhibit "B" +- C) C UJCt T { w C. "M_ L9 I== G 1 ta. C J i l 14 l'3 U a PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants NO. CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO } NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1.800-990-9108 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants . NO. : CIVIL ACTION -LAW MORTGAGE FORECLOSURE NOTICIA Le han demandado a usted a la cone. Si usted quiere defenderse en contra estas dcmandas expucstas en las paginas siguicntes, usted lien veinte (20) dies de plazo al partir do la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defenses o sus objeciones a ]as demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y pucdc entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 91 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants NO. 94- 6,216 owd u.. CIVIL ACTION -LAW MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Plaintiff, PNC Bank, National Association, by its attorneys, Saidis, Shuff and Masland, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, PNC Bank, National Association, is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at 4242 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendants, John W. Terry, Jr. and Karen S. Boose, are adult individuals whose last known address is 915 Baltimore Pike, Cumberland County, Gardners, Pennsylvania 17324. 3. On or about July 15, 1996, Defendants borrowed from and agreed to repay to Bank the sum of Ninety-Seven Thousand Seven Hundred and 00/100 Dollars ($97,700.00) ("Loan"). As security for the Loan, Defendants executed and delivered to Bank a mortgage ("Mortgage") on that S?3 tract of land together with the buildings and improvements erected thereon located in South "S Middleton Township, Cumberland County, Pennsylvania known as 915 Baltimore Pike, Gardners, Pennsylvania 17324 (the "Property"). At all times relevant hereto, Defendants were and remain the y p . record and sole owners of the Property. A description of the Property is attached hereto, made a p??'.rsrt part hereof and marked Exhibit "A". A copy of the Adjustable Rate Note ("Note"), evidencing the r Loan is attached hereto, made a part hereof and marked Exhibit "B". 4. On July 16, 1996, the Mortgage was recorded in the Office of the Recorder of Deeds r of Cumberland County in Mortgage Book 1331, Page 326 . A copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit "C". 5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting obligation of Defendants. 6. Under the terms and conditions of the Note and the Construction Period Rider to Note and Open End Mortgage (the "Rider") attached to the Note, Defendants were obligated to pay to Bank monthly payments of interest only on the principal sum or so much thereof as may from time to time be advanced under the Loan commencing on August 1, 1996, and continuing on the first day of each month until the earlier of (a) the Modification Date as defined in the Note and the Rider, or (b) May 1, 1997 (the "Maturity Date"). A copy of the construction period Rider to Note and Open End Mortgage and Construction Loan Agreement dated July 15, 1996 and signed by Defendants further evidencing the Loan are attached hereto, made part hereof and marked Exhibits "D" and "E", respectively. 7. Defendants are in default of their obligations under the Note and the Rider for, inter alia, failure to make payment to Bank under the terms and conditions of the Note and the Rider, the Note and the Rider having matured on May 1, 1997. 8. Additionally, Defendants are in default of their obligations under the Mortgage for failure to maintain insurance on the Property, forcing Plaintiff to obtain same at Plaintiffs expense. 9. Defendants are presently indebted to Bank, as of October 7, 1999, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44) itemized as follows: I r Principal Balance $ 92,480.32 Interest to and including October 7, 1999 $ 16,745.12 Property Search $ 45.00 Attorney Fees $ 5.453.00 TOTAL DUE $ 114,723.44 10. Defendants also agreed under the terms of the Mortgage that in the event of default thereunder they would pay, in addition to the charges listed in paragraph 8 above, costs incurred by Bank as a result of the institution of these legal proceedings and expenses incurred by Bank including, without limitation, the cost of force placed hazard insurance premiums. 11. The obligation owed by Defendants to Bank continues to accrue interest thereon at the rate of $21.22 Dollars per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue attorneys' fees and other expenses. 12. Bank informed Defendants of their default under the Mortgage and Note and demanded payment of all amounts due under the Mortgage and Note by letter dated February 12, 1999, a copy of which is attached hereto, made a part hereof and marked Exhibit "F" 13. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.401c et seq., a Notice of Intent to Foreclose and of Defendants' rights under said Act was forwarded to Defendants on February 15, 1998, by certified mail, return receipt requested, addressed to Defendant. A copy of said Notice is attached hereto and marked Exhibit "G". By letter dated May 6, 1999, from the Pennsylvania Housing Finance Agency, a copy of which is attached hereto, made a part hereof and marked as Exhibit "H", Bank was informed that the Defendants' application for a Homeowners Emergency Mortgage Assistance loan has been denied. 14. Plaintiff is not seeking foreclosure on the basis of a "residential mortgage" obligation, as that term is defined in Act No. 6 of 1974, 41 P.S. §101 et seq., and Plaintiff is therefore not required to give the notice required by Section 403(a) of said Act. 15. As set forth above, Bank has made demand upon Defendants herein to make payment of all amounts due to Bank under the aforesaid Mortgage and Note. However, Defendants have refused and failed and continue to refuse and fail to make payment to Plaintiff. WHEREFORE, Plaintiff, PNC Bank, National Association, demands judgment against John W. Terry, Jr. and Karen S. Boose, Defendants, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($ 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. Respectfully submitted, SAIDIS, SHUFF & MASLAND ??fYy B tiD yKarl M. Ledebohm, squire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 ' Attorney for Plaintiff _M.i 7177373407 SAIDIS SHLIFF MASLAND 413 P08 SEP 30 199 08:32 r PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW MORTGAGE FORECLOSURE VERIFICATION 1, Eric Krimmel, Assistant Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made In the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PNC BANK, NATIONAL ASSOCIATION Date: I0/6 Iq 5 By: Gee Eric Krimmel Assistant Vice President r EXHIBIT A ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wits BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and #2 on the hereinafter mentioned plan with the centerline of maid roadway; thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 160 51, 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot #3; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-six minutes thirty seconds East (N 590 46* 30^ E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.831) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot #4, South six degrees six minutes five seconds East (S 60 61 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68) to a steel pin at Lot #1; thence extending along Lot #1, South eeventy-three degrees eight minutes thirty-five seconds Wost (S 730 81 35" W), through a steel pin not on the easternmost dedicated right-of-way line of Pennsylvania Routs 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90) to a steel pin not in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot 02 ci a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker i Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record owner and John W. Terry, Jr., Equity owner, by Deed bearing date the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland county, Pennsylvania, on the 11th of August, 1993, in Dead Bock L-36, Page 661, granted and conveyed unto John W. Tarry, Jr. and Karen S. Boone. Exhibit "A" ADJUSTABLE RATE NOTE (1 Year Treasury 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. July 15, 1996 IDalel Camp Hill 1011 Pennsylvania ISUtel 915 Baltimore Pike, Gardners, Pa 17324 (PrOPaty AddreEl 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. S 97,700.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is PNC Bank, National Association 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ** ?'d. The Interest rate 1 will pay will change In accordance with Section 4' of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. 1 will make my monthly payments on the first day of each month beginning on ** . 1 will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Nly monthly payments will be applied to Interest before principal. If, on ** I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PNC Bank, 801 Estelle Drive, Lancaster, Pa. 17601 or at a different place If required by the Note Holder. (B) Amount of my Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. S ** This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND J10NTHLY PAYMENT CHANCES (A) Change Dales The interest rate I will pay may change on the first day of ++ and on that day every 12th month thereafter. Each date on which my interest rate could change is called 'a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average i yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal ;•'1.44 Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." MULTISTATE ADJUSTABLE RATE NOTE-ARM 6.2-S n0ie Family-Fannie Mn3reddle Mac Unifo,m Imm"ment Form 3602 7186 (M.-822 "". V VP %IORTGAGE FCAVS . 1100121. 1]91 C. R..."d.. 11.00.4 far.. Exhibit "B" If the Index Is no longer available, the Note Holder will choose a new index which Is based upon comparable Information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding ** percentage point(s) ( ** ?'o) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0. 12507o). Subject to the limits stated in Sec- tion 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date In full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than ** %s or less than ** %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0(r) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than ** %, (E) Effective Date of changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates on my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Oserdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ** calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be ** e'o of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (11) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. 0 0 0 (C) Notice of Default 0 If I am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so If I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it.by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrowcr is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee:, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrowcr in writing. if Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice ' of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. ** See Construction Period Rider to Note and Open End Mortgage WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. / ,. ? ?U Bleu (soap John W. Terry, r. Borrower `>• vl».?12h / ^mZ?C (Seal) wren S. Boose -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] CONSTRUCTION PERIOD RIDER TO NOTE AND OPEN END MORTGAGE SECURES FUTURE ADVANCES DATE: July 15, 1996 BORROWER(S): John W. Tarry, Jr. Karen S. Boogie I hreby certify this to ho a true ar,_ accurate copy pf ttLe aricinal. MORTGAGED PROPERTY: 915 Baltimore Pike ` t Gardners, Pa. 17324 LOAN NUMBER: 091885458 ract Land r:sacia!c:, Inc. This Construction Period Rider ("Rider") supplements the terms of the Promissory Note ("Note"), secured by a Mortgage or Deed of Trust, ("Mortgage") each of which is dated July 15, 1996 between PNC Bank, National Association as Lender and John W. Terry, Jr. and Karen S. Boole as Borrower. Where inconsistent with the terms of said Note and Mortgage, the terms of this Rider shall control. 1. CONSTRUCTION PERIOD. Lender agrees to advance up to $97,700.00 to Borrower pursuant to the term; of a Construction Loan Agreement dated July 15, 1996. Each such advance shall be made in accordance with the terms and conditions not forth in said construction Loan Agreement, which in incorporated herein by reference. Borrower has received a commitment from a permanent lender ("Permanent Lender") to provide long term financing of the property securing this construction period loan, which commitment has been delivered to Lander. The Permanent Lender will enter into a Modification Agreement with Borrower for financing of the property securing this loan, subject to the conditions of such commitment, upon the completion of construction. The "Construction Period" shall commence on the date of this Rider and end on the earlier of (i) the date on which a Modification Agreement is executed by the Borrower and Permanent Lender evidenctygDete^ Permanent loan ("Modification Date") or (Li) May 1, 1997 (the 2. INTEREST DURING CONSTRUCTION PERIOD. During the Construction Period, Borrower agrees to pay interest on the principal Bum or so much thereof as may from time to time be advanced at 8.3751 per annum ("Construction Period Rate") in monthly payments commencing August 1, 1996, and continuing on the first day of each month until the earlier of (a) the Modification Date or (b) the Maturity D ate. Interest at the rate provided in this Rider shall continue to accrue on the acceleration balance in full even after the judgment is entered against Maturity Date amounts due. the 3. PAYMENTS. Borrower agrees to repay all advances made hereunder and under the Construction Loan Agreement together with all interest thereon and other charges under the Note and Mortgage. If Lender has notified Borrower that Mortgage Insurance is required, Borrower agrees to pay the premium for such insurance together with each monthly payment of interest due hereunder. During the Construction Period, interest on this Note will be calculated daily on the outstanding principal balance and shall accrue and be calculated on a 365 day (366 day for leap year) annual basis. The sum total of all daily accruals in the billing period will be the amount billed as due for the billing period. Interest shall be payable monthly in arrears beginning on the first day of the calendar month following the date hereof and on the first day of each successive calendar month thereafter until the Modification Date, when the last payment of interest effectivel the be due and last business payable. day of Monthly the calendar interest month billings and g payments areeneratad Page 2 Loan number: 091885458 to be received by the Lender on or before the 15th of the month following the month for which the billing was generated. The Late Charge for Overdue Payments provision in the Note shall not be applicable during the Construction Period. 4. LENGTH OF CONSTRUCTION PERIOD. Borrower agrees to complete construction of the improvements prior to expiration of the Construction Period. The Construction Period may be extended only if agreed to in writing by the Lender. The rate of interest during any extensions of the Construction Period will be at the construction. Period Rate. In the event the Borrower fails to enter into a Modification Agreement with the Permanent Lander or otherwise fails to provide for permanent financing on or before the Maturity Date, with or without cause of anv na who , then interest shall continue to accrue on the principal sum or so much thereof as may from time to time be advanced at the Construction Period Rate and ouch failure or refusal shall constitute a default under the Note and notwithstanding language to the contrary contained in the Note or Mortgage, the unpaid principal balance, together with the accrued interest and any other charges thereon at the Construction Period Rate, shall be immediately due and payable without presentment, demand, protest or notice of any kind. 5. USE OF FUNDS. Borrower agrees that all advances are to be applied solely in accordance with the terms and conditions of the Construction Loan Agreement for the construction of the improvements and related charges, including settlement charges. 6. ASSIGNMENT OF ADVANCES. In the event of a default under the terms of the Note, this Rider, the Mortgage, or the Construction Loan Agreement, Borrower assigns to Lender all sums not yet advanced for use in completion of the improvements, and the same or any part thereof may be advanced to any party furnishing labor or materials used in construction of the improvements and such payments shall be deemed to be additional advances to Borrower secured hereby. For this purpose, Borrower designates Lender as attorney-in-fact with full power of substitution, which power shall be deemed to be coupled with an interest and irrevocable to complete the structure in the name of borrower; to pay all expenses, with unadvanced funds; make changes and substitutions necessary or desirable to complete improvements in substantially the manner contemplated; to employ persons; to settle all claims; to execute or complete all documents required] to prosecute and defend all actions; take action required under surety bond and do any act Borrower might do in connection with such construction. 7. INTEREST RATE OF PERMANENT LOAN. At the Modification Data, the permanent loan interest rate shall be established at the rate then publicly quoted by the Permanent Lander or at the rate the Borrower has previously locked into with the Permanent Lender (if the rate locked into by the Borrower has expired, then the rate shall be the higher of the rate locked into or the rate then publicly quoted by the Permanent Lender). Borrower must request, in writing to the Permanent Lender, modification of the Note and Mortgage within thirty days after the completion of construction. 8. DEFAULT AND REMEDIES. The rights of the Lender under this Rider shall be cumulative and in addition to all rights and remedies which the Lender may have under the Note, the Mortgage, the Construction Loan Agreement or applicable law. The occurrence of any one or more of the following events shall constitute a default hereunder: failure by the Borrower to make the payments required by paragraph 2 of this Rider; failure by the Borrower to comply fully with any other provisions of this Rider; or if Mortgagor or any other obligor of the indebtedness evidenced by the Note and secured by the Mortgage shall deliver or cause to be delivered to the Lender a notice pursuant to 42 Pa. C.S.A. 5 8143 electing to limit the indebtedness secured by the Mortgage. Upon the occurrence of a default, the Lender shall have the right to take any and all steps permitted to the Lender, upon a default, under the Note or the Mortgage, including, but not Page 3 Loan numbers 091885458 limited to, the right to require the Borrower to pay immediately the full amount of principal outstanding under the Note. 9. NULLITY. Thin Construction Period Rider shall become null and void at the time the loan is sold in whole or in part or upon the Modification Date provided, however, that those obligations incurred by the Borrower(s) under this Rider not then discharged shall survive, and the Lenders rights to enforce those obligations shall also survive. 30. ESCROWS. Paragraph 2 of the Mortgage shall not be in effect during the Construction Period. Borrower is responsible for payment of taxes or hazard insurance billed during the construction Period. il. OCCUPANCY. That portion of Paragraph 6 of the Mortgage requiring occupancy within 60 days of the date of the Mortgage shall not be in effect during the Construction Period. 12. INSPECTION. Provisions of Paragraph 9 of the Mortgage shall not be in affect during the Construction Period. All inspections will be done in accordance with the terms of the Construction Loan Agreement. 13. OPEN END MORTGAGE. The Mortgage is an Open End Mortgage, as set forth in 42 Pa. C.S.A. $ 8143 and secures obligations up to the maximum principal amount of indebtedness of $97,700.00 outstanding at any time, plus accrued and unpaid interest and other charges, including, but not limited to advances for the payment of taxes, insurance premiums, costs incurred for protection of the property or the lien of the Mortgage, expenses incurred by the Mortgagee by reason of default by the Mortgagor and advances for construction alteration or renovation of the property or for any other purpose, together with all other sums due hereunder or secured hereby. All notices to be given to the Mortgagee pursuant to 42 Pa. C.S.A. S 8143 shall be sent in the manner prescribed by Section 14 of the Mortgage to PNC Bank, 801 Estelle Drive, Lancaster, Pa. 17601. WITNESS: BORROWER(S): Jo n W. Terry, Jr. J , Karen S. Booee ' COHMONWEALTH OF PENNSYLVANIA ) COUNTY OF I B.S. On this 15th day of July, 1996, before me, Flt ?. C?t? •` underalgned otflcer, personally ppeazed a , the Joffn w. tarry, Jr. an aIC ren g. Boose, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the written instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commlesion Expires: a gna ure Notary Public ppp N? K GM1 HILL 80q?plRp?h1? ilk CERTIFICATE OF RESIDENCE MYOJMM ONb(pl?? I, William S. Barton, do hereby cartity that the Hortgagoo-s precise residence is 801 Estelle Drive, Lancaster, Pa. 17601. Agent or M rtgages Parcel Number: OPEN END MORTGAGE '... ?, COUNIY'r ~ r ge JUI . ?.ti A?110 25 ISPoce Atave Thh Line For Recording Dotal MORTGAGE SECURES FUTURE ADVANCES THIS hIORTGAGE ("Security Instrument")'is given on July 15, 1996 John W. Terry, Jr. and Karen S. Boose ("Borrower"). This Security Instrument is given to PNC Bank, National Association The mortgagor is which is organized and existing under the laws of Pennsylvania and whose address is 801 Estelle Drive, Lancaster, Pa. 17601 ("Lender"). Borrower owes Lender the principal sum of Ninety seven thousand seven hundred and no/100 Dollars (U.S. S 97,700.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on May 1, 2027 This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note. with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest. advanced under paragraph 7 to protect the security of this Security Instrument: and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note*For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County. Pennsylvania: LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF * AND (D) ALL ADVANCES MADE UNDER THE CONSTRUCTION LOAN AGREEMENT OF EVEN DATE HEREWITH TO ENABLE THE COMPLETION OF CONSTRUCTION, ERECTION, ALTERATION, AND/OR REPAIR OF THE MORTGAGED PREMISES. which has the address tit' 915 Baltimore Pike, Gardners Perms) Is. nij 17324 Vw C.sta I "Propcrt) Addre,s PENNSYLVANIA•S,ngle Fam,Iy•FNMA.FHLMC UNIFORM INSTRUMENT Form 3039 9100 0 •6RIPA)'4+10 Amended 5,91 r vMP Id(:A 1G+C[FOAMS A00!:• 129, A 0....Anl n.. A..C.I YJ V]w• Y.,.In ;.f BGox 133 PAGE. 326 Exhibit 110 IStreet. Cityl. TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Puyment or Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid In full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property: (b) yearly leasehold payments or ground rents on the Property, if any: (c) yearly hazard or property insurance premiums: (d) yearly flood insurance premiums, if any: (e) yearly mortgage insurance premiums, if any: and (i) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1971 as amended from time to time, 12 U.S.C. Section 2601 et seq. CRESPA"). unless another law that applies to the Funds sets a lesser amount. If so. Lender may, at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality. or entity (including Lender. if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However. Lender may require Borrosvcr to pa% a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable luw requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing. however. that interest shall be paid ml the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to he held by applicable law. Lender shall account to Borrower for the eycess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to p:q. the Escrow Items when due. Lender Ilia} so notify Borrower in writing, and. in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments. at Lendcr's sale discretion. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Fund, held by Lender. If. under paragraph '_ I. Lender shall acquire or sell the Property. Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3, Application or Paytnents. Unless applicable law provides uther%%isc. all payments reccised by Lender under paragraphs I and 2 shall he applied: first, to any prepayment charges due under the Note: second, to amounts payable under paragraph 2: third. to interest due; lourth. to principal due: and la,t. to any late charge, due under the Note. a. Charge: Liens. Borrower shall pay all taxes, a,sessnunt . charges, fine, and impositions attributable to the Property which ma% attain priority mgr this Security Instrument. and leaselluld payments or ground rents, if any. Borroser shall pay the,c obligations in the ncuuler provided in parwrlph 2, or it not paid in that mauler. Bornmer hall pay them on time directly h) the person owed pay moot. Borrower shall promptly furnish it) Lender all notice, of amount, to he paid under this paragraph. It Borrower made, these payments directly. Borrower shall promptly tunlish u) Lender receipt, esidencing the payments. Borrower shall prompth discharge any lien which has priority oser this Security Instrument unless Burrower: (a) agrees in ssrittmg to the pay ment of the obligation secured by the lien in a planner acceptable to Lender: Iht contests in good faith the lien b%. or dofends against enforcemem of the lien in. legal proceeding, which in the Lender's opinion operate to prevent the elllor:elllint ill the Gen: or Ic) ocure, tram the holder of the licit .111 agreenie 11 wtPlaclory' hr Lender subordinating the lien to thi, Security fovrunlem. If Lender determine, that am part )i the proper" is subject l0 a Ileo which Ina} attain priority over thi• Sccluits In,uumen(. Lander tuns one Borroser a maice iJemit) ur_ the lien. Hormsser Irdl sati4% the lien pr take one or ntnrc ?,I the anion, cI forth ahrte 1) ilhm In J.1t s oI the .is Inc ,d notl:e. Form 3039 9190 "rn, ,•5 n.-l-1331PAGE 327 S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hazard, included within the term 'extended coverage' and any other hazards, including 8nods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Burrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower faik to maintain coverage described above. Lender may, at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument. whether or not then due. The 30•dav period will begin when the notice is given. Unless Lender and Borrower otherwise agree in %%-riling. any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 1 or chance the amount of the payments. If under paragraph '_ 1 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by thin Security Instrument immediately prior to the acquisition. 6. Occupancy. Preservation, Maintenance and Protection or the Propert: Borrower's Loan Application; Leaseholds, Borrower shall occupy. establish, and use the Property as Borrowcr's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destrov, damage or impair the Property, allow the Propert to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding. whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or othcncise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate. as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination. precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infomtation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to. representations concernin, Borrower's occupancy of the Propert as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not mer.c unless Lender agrees to the merger in %%riling. 7. Protection or Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is ncc:s+ar to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured be a lien which has priority user this Security Instrument. appearing in court. paying reasonable attorney s' fee's and entering on the Properly to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amount, dishur,ad by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Secoit% Instrument. Ulric„ Borrimer and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest. upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrosscr shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coscragc required by Lender lapses or ceases to be in effect. Burrower shall pav the premiums required to obtain cowcrrge uh,wntiall% equivalent to the mortgage insurance preciously in effect, at a coat substantially equivalent to the cost to Burrower of the nx,rt,age assurance preciously in effect. from in alternate mortgage insurer approsed by Lender. If sul+,lmwially equivalent nn w-mgc bi,urance cmerarc is not asailable. Bolrowcr shall pay to Lender each month a sum equal w one-mclith of the yearly nun-t,age in,urance premium being paid by Borrower when the insurance coven c lapsed or ceased to he in effect. Lender will accept. Ina and reiam thc,a pa.%menl• a, a lo,, rase In lieu at mortgage insurancc. Loss reserve o.,.. 1 ., n Form 3039 9090 E:A33i PAGE 328 payments may no longer be required, at the option of Lender. if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secut. ; immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Burrower. In the event of a partial taking of the Property in which the fair market value of the Pro; arty :amediatcly before t,c taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by ilos Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date'the notice is given, Lender is authorized to collect and apply the proceeds, at its option. either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. Unless Lender and Borrower otherwise agree in writing. any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs t and 2 or change the amount of such payments. tL Borrower Not Released: Forheurunce By Lender Not a Wailer. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or rcmedv shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound: Joint and Several Liabllltx; Co-signers, The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of p.. •.-raph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Insuunent but does not execute the Note: In) is co-signing this Security Instrument only to mortgage. grant and convey that Borrower's interest in the Property under the terms of this Security Instrument. ,bm is not personally obligated to pay the sums secured by this Securm Instrument: and M agree, that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. M noun Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that lass is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Iran exceed the permitted limit,, then: (at any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and tb, any suns already collected front Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make till, remind by reducing the principal owed under the %ute or by making a direct payment to Borrower If a round reduce, principal. the reduction will he traatcd as a partial prepayment without any prepay nent charge under the Noe. 14. Notices. Any notice a+ Borrower prosided liter in this Secury Instrument slwll be gisen by deliveriProperty by mailing it by first class maul unlc•, applicable law requires use of another nhcthod. The notice shall be directed to the Property Address or ans other addres, Borrower designates h% notice to Lender. Am mice n+ Lender ,hall be gisen by firs t class mail to Lender', address stated Irwin or any other address Lender designates by notice to Borrower. Any notice provided for in this Security instrument shall he dccnheJ to 11;1%c been given to Borrower or Lender when given as provided in this paragraph. 15. Gmerning Law; Sgscrahility. This Security Instrument hall he g.,%erned by federal law and the law o(the juri,dicuan in which mile Prnperq i 1,:ated. in the went that any prusi,ion or clau,e of this Security instrument or the Note condign .hprltc.hhle Low. much c+utlict shall not affect other form ision, of this Secunt? Instrument or the Note which can be gisen cltcct without the conlheung pros i,bm. To, this end the prosnion, art tit', Security Instrument and the Vote are declared to he ,csciahle. It.. Burrower', Cops. H n •++er hall he ;n cn rite eviilorned o,l,s om the None and it thi, Security Instrument. • Form 7079 9190 .1,• 1 329. 17 Transfer of the property or uu''Iienencial interest In Borrower. If all or any'pan of the Property or any interest in it is sold ,o transferred (or if a beneficial interest in Borrower is sold or transfeti d and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option., require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised bg Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option. Lender shall Bice Borrowei notice of acceleration. The notice shall provide a period of not. less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this iccurity Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke an) remedies •nnined by this Security Instrument without further notice or demand on Borrower. 18. borrower's Right to Reinstate. If Borrower meets certain conditions. Burrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specif)• for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security hutrument: or Of entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be dt c under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this Security Instrument, including. but not limited to, reasonable attorneys' fees and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sole of Nnte; Change of Loan Sercicer. The Note or a partial interest in the Note (together wuh this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Seryicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated io a sale of the Note. If there is a chance of the Loan Servicer. Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of i ,e nc%v Loan Servicer and the address to which payments should be made. The notice will also contain any other information required be applicable law. 20. Hazardous §uhstances. Borrower shall not cause or permit the presence, use. disposal. storage, or release of any Hazardous Substance.. on or in the Property. Borrower shall not do. nor allow anyone else to do. amthing affecting the Property that is in ctahation of an) Environnnemal Law. The preceding txco sentences shall not apply to the presence, use, or storage on the Proper) of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall proniply gicc Lender written notice of am investigation. claim, demand. lawsuit or other action by any gayernmental or regulator) agency or private party involving the Property. and any Hazardous Substance or Environmental Law of which Borrower has actual kno%%Wee. If Borrower leant), or is notified by any gocemmental or rcguhamrv authority, that any removal or other remediation of any Hazardous Substance affecting the Proper) is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Em ironnienfal Law. A, used in this paragraph 20. Hazardous Substances" are those substance, defined as tomi: or hazardous substances by Emironmental Law and the following wh,tan:e gasoline, kerosene. other flammable or toxic petroleum products, toxic pe,ricide, and herbicides. ,oLuile sof.ents, material, containing ,nbe,to, or formaldchyde, and radioacliye material,. As used in this paragraph 20. "Etwirotimental Law' meant, federal law, and law, of the jurisdiction where the Property is located that relate to health, safety or em ironmental protection. NON-UNIFORM CO\ ENANTS. Borrower and Lender further cmenant and agree is follows: of inny coyenunt,ortggreein ?Ii sin Lendershall aSecurit'% IInstrument to but Borromer prior prior dit) acceleration t uccelcratioo under lfparagrph r 17 breach applicable lase provide, olhersshef. Lender shall nobly Borrower nf, among other things: (a) the default: (b) the action required to cure the default: (c) w hen the default must he cured: and (d) that fnllure to cure the default as specined may result ht acceleration of the sums secured by this Securh) Instrument, foreclosure be Judicial proceeding and sale or the Properly. Lender shall further inform Borrower of the right to reinstate after uccelcrutlun aial the right to assert in the fonw•Insure proceeding the nun-c\istence of n default ur any tither defense of Borrower tit uccelcrution and foreclosure. Ir the default is not cured us specilled. Lender, at Its option. mac require immediate payment in full of all sums secured by this Securiy Instrument without further demand and m•ay foreclose this Security Instrument h) Judicial proceeding. Lender shall be entitled to collect all c\pense, incurred in pursuing the remedies prtislded In till, paragraph 21, Including, hat nut limited tits uttorne'W fees and cosh of title c0ience Ui the extent permitted hy. applicable Ins. 2_2. Release. Upon pa)mcnt of all sums secured bs flit. Securh) Instrument, this Security Instrument and the estate contc)ed hall terminate and become soid. Afier such orcurrcn:e, Lender ,hall di,char,e and ,jli,f% this Sc;urif) Instrument %%itltnat charge io Borrower. Bornmei ,hall pas tits recordation Ohis. s_3. 1) mgrs. Borrower, in the emem pernuued h) applicable law. waisc, and release, i n% error or defenn in prtxeedines m cnL,r:e this Security In,uumtcnt. and hereh) waocs the hellcat of am present or future Iaw, pro%idntg for stag of execution, ex,cnsant of time. exemption train allacluuenl. le%) and ,ale. and homestead cxeny?tioll. 2J. Rein,tatentent I'erdod. Borrower', nn:c in rern,fate prosided in p.tragrarh I`d ,hall extend tit one hour prior to the :unume Wellicnt ol• htddm_ at a ,hentt', ,,de ,natter ,.de pur,uant lu flit, Secunt) hntrument. 2B. Purchase \luney Mortgage. It ms of tae Licht ,caned h) fin, Sc.urif) Iti,nuniem is Icnf to Borro,scr tit acquire title u, the Pnq,ertc. flu, Sccurr lu,trunn•nf hall he i rur,h:nc money mortgage. :b. Interest Rate :\Itcr,ludgntent. Boir••,e:.ierss that the inreresi rite ra)ahlc after a judgtncn• is en'drcJ stn the Vote nr tit .:r. a:t:oat nl migc Ih;c:l •sutc shall Ise W., r...: I,.i.. iv? ""Ill rim: r, h.ne un.'.:r cite Not,. Funn 3079 9,90 E:-,KD3! PAGE. 330 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. ]Check applicable box(es)] Adjustable Rate Rider Condominium Rider 1.3 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider V.A. Rider Other(s) (specify) Construction Period Rider to Note and Open End Mortgage - BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: 2 / ' k J L( t J W. Terry, Jr. J Bo (Seal) ?? _??•l L? 11 ? ? 11•t7 ? , -(Seal) -Borrower JIt,? •r7 J. /'Srr• ?2. (Seal) Karen S. Boose .Borrower (Seal) -Borrower Certificate of Residence I, William S. Barton do hereby certify that the correct address of the within-named Mortgagee is 801 Estelle Drive, Lancaster, Pa. 17601 Witness my hand this 15th day of July 1996, %lrfl ??'! Yi Agent of Mortgagee COh11fONWEALTH OF PENNSYLVA.N'IA, (Y1 C County ss: On this, the day of > ll-? FIciL, before me, the undersigned officer, personally appeared 7c,)rlr-, to \L<C- ,?Y '4?dt? \ tyc-known to me (or satisfactorily proven) to be the person 7 whose name q,:. subscribed to the within instrument and acknowledged that +• ?? executed the same for the purposes herein contained. IN WITNESS WHEREOF. 1 hereunto set my hand and official seal. v • L •1 .. hly Commission Expires: t7F •.; e?T11L 2 )Q' Officer YLOMMI 1011EJIHR I 1.2000 - `•??•?' ••' ` r? l! L eood33:. PAcE, 331 EXHIBIT A ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wits BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots tl and t2 on the hereinafter mentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West IN 160 518 25• W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot tai thence departing from the centerline of Pennsylvania Route 94, and extending along Lot t3, North fifty-nine degrees forty-six minutes thirty seconds East IN 596 46- 300 E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths fast (30.83s) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot t4; thence extending along Lot t4, South six degrees six minutes five seconds East IS 64 61.5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68) to a steel pin at Lot tl; thence extending along Lot tl, South seventy-three degrees eight minutes thirty-five seconds West IS 730 81 35" W), through a steel pin not on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90) to a steel pin not in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot 02 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker i Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record owner and John W. Terry, Jr., Equity owner, by Deed bearing date the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boone. F-.-d331PACE 332 CONSTRUCTION PERIOD RIDER TO NOTE AND OPEN END MORTGAGE SECURES FUTURE ADVANCES DATE: July 15, 1996 BORROWER(S): John W. Terry, Jr. Karen S. Boone _I hcrc?y certify this to bo a true cr.. a:eu-are espy Qf ttLa orifinai. MORTGAGED PROPERTY: 915 Baltimore Pike Gardners, Pa. 17324 LOAN NUMBER: 091885458 -:ct Land ace la:cc, Inc. Thin Construction Period Rider ("Rider") supplements the terms of the Promissory Note ("Note"), secured by a Mortgage or Deed of Trust, (^Nortgage") each of which is dated July 15, 1996 between PNC Bank, National Association as Lender and John W. Terry, Jr. and Karen S. Boone as Borrower. Where inconsistent with the terms of said Note and Mortgage, the terms of this Rider shall control. 1. CONSTRUCTION PERIOD. Lender agrees to advance up to 597,700.00 to Borrower pursuant to the term; of a Construction Loan Agreement dated July 15, 1996. Each such advance shall be made in accordance with the terms and conditions set forth in said Construction Loan Agreement, which is incorporated herein by reference. Borrower has received a commitment from a permanent lender ("Permanent Lender") to provide long term financing of the property securing this construction period loan, which commitment has been delivered to Lender. The Permanent Lender will enter into a Modification Agreement with Borrower for financing of the property securing this loan, subject to the conditions of such commitment, upon the completion of construction. The "Construction Period" shall commence on the date of this Rider and end on the earlier of (i) the date on which a Modification Agreement is executed by the Borrower and Permanent Lender evidencingDate"Permanent loan ("Modification Date^) or (ii) May 1, 1997 (the DUR PERIOD Duri Borrower agreesEto paylinterestRon tION he pri cipa1 sum ors Cmuonchstrtheructio may n time to time be advanced at 8.375% per annum ("construction Period Rate") in monthly payments commencing August 1, 1996, and continuing on the first day of each month until the earlier of (a) the Modification Date or (b) the maturity Date. Interest at the rate provided in this Rider shall continue to accrue on the unpaid balance until paid in full even after the Maturity Date or acceleration upon default and/or if judgment is entered against Borrower for the amounts due. 3. PAYMENTS. Borrower agrees to repay all advances made hereunder and under the Construction Loan Agreement together with all interest thereon and other charges under the Note and Mortgage. If Lender has notified Borrower that Mortgage Insurance is required, Borrower agrees to pay the premium for such insurance together with each monthly payment of interest due hereunder. During the Construction Period, interest on this Note will be calculated daily on the outstanding principal balance and shall accrue and be calculated on a 365 day (366 day for leap year) annual basis. The sum total of all daily accruals in the billing period will be the amount billed as due for the billing period. Interest shall be payable monthly in arrears beginning on the first day of the calendar month following the date hereof and on the first day of each successive calendar month thereafter until the Modification Date, when the last payment of interest only shall be due and payable. Monthly interest billings will be generated effective the last business day of the calendar month and payments are Exhibit "D" Page 2 Loan number: 091885458 to be received by the Lender on or before the 15th of the month following the month for which the billing was generated. The Late Charge for Overdue Payments provision in the Note shall not be applicable during the construction Period. 4. LENGTH OF CONSTRUCTION PERIOD. Borrower agrees to complete construction of the improvements prior to expiration of the construction Period. The Construction Period may be extended only if agreed to in writing by the Lender. The rate of interest during any extensions of the Construction Period will be at the Construction Period Rate. In the event the Borrower fails to enter into a Modification Agreement with the Permanent Lender or otherwise fails to provide for permanent financing on or before the Maturity Date, with or Without cause of anv na whatsoever, then interest shall continue to accrue on the principal sum or so much thereof as may from time to time be advanced at the Construction Period Rate and such failure or refusal shall constitute a default under the Note and notwithstanding language to the contrary contained in the Note or Mortgage, the unpaid principal balance, together with the accrued interest and any other charges thereon at the Construction Period Rate, shall be immediately due and payable without presentment, demand, protest or notice of any kind. 5. USE OF FUNDS. Borrower agrees that all advances are to be applied solely in accordance with the terms and conditions of the construction Loan Agreement for the construction of the improvements and related charges, including settlement charges. 6. ASSIGNMENT OF ADVANCES. In the event of a default under the terms of the Note, this Rider, the Mortgage, or the Construction Loan Agreement, Borrower assigns to Lender all sums not yet advanced for use in completion of the improvements, and the same or any part thereof may be advanced to any party furnishing labor or materials used in construction of the improvements and such payments shall be deemed to be additional advances to Borrower secured hereby. For this purpose, Borrower designates Lender as attorney-in-fact with full power of substitution, which power shall be deemed to be coupled with an interest and irrevocable to complete the structure in the name of borrower; to pay all expenses, with unadvanced funds; make changes and substitutions necessary or desirable to complete improvements in substantially the manner contemplated; to employ persons; to settle all claims; to execute or complete all documents required; to prosecute and defend all actions; take action required under surety bond and do any act Borrower might do in connection with such construction. 7. INTEREST RATE OF PERMANENT LOAN. At the Modification Date, the permanent loan interest rate shall be established at the rate then publicly quoted by the Permanent Lender or at the rate the Borrower has previously locked into with the Permanent Lender (if the rate locked into by the Borrower has expired, then the rate shall be the higher of the rate locked into or the rate then publicly quoted by the Permanent Lender). Borrower must request, in writing to the Permanent Lender, modification of the Note and Mortgage within thirty days after the completion of construction. 8. DEFAULT AND REMEDIES. The rights of the Lender under this Rider shall be cumulative and in addition to all rights and remedies which the Lender may have under the Note, the Mortgage, the Construction Loan Agreement or applicable law. The occurrence of any one or more of the following events shall constitute a default hereunder: failure by the Borrower to make the payments required by paragraph 2 of this Rider; failure by the Borrower to comply fully with any other provisions of this Rider; or if Mortgagor or any other obligor of the indebtedness evidenced by the Note and secured by the mortgage shall deliver or cause to be delivered to the Lender a notice pursuant to 42 Pa. C.S.A. S 8143 electing to limit the indebtedness secured by the Mortgage. Upon the occurrence of a default, the Lender shall have the right to take any and all steps permitted to the Lender, upon a default, under the Note or the Mortgage, including, but not Page 3 Loan numbers 091885458 limited to, the right to require the Borrower to pay immediately the full amount of principal outstanding under the Note. 9. NULLITY. This Construction Period Rider shall become null and void at the time the loan is sold in whole or in part or upon the Modification Date; provided, however, that those obligations incurred by the Borrower(s) under this Rider not then discharged shall survive, and the Lenders rights to enforce those obligations shall also survive. 10. ESCROWS. Paragraph 2 of the Mortgage shall not be in effect during the Construction Period. Borrower is responsible for payment of taxes or hazard insurance billed during the Construction Period. 11. OCCUPANCY. That portion of Paragraph 6 of the Mortgage requiring occupancy within 60 days of the date of the Mortgage shall not be in effect during the construction Period. 12. INSPECTION. Provisions of Paragraph 9 of the Mortgage shall not be in effect during the Construction Period. All inspections will be done in accordance with the terms of the Construction Loan Agreement. 13. OPEN END MORTGAGE. The Mortgage is an Open End Mortgage, as set forth in 42 Pa. C.S.A. S 8143 and secures obligations up to the maximum principal amount of indebtedness of $97,700.00 outstanding at any time, plus accrued and unpaid interest and other charges, including, but not limited to advances for the payment of taxes, insurance premiums, costs incurred for protection of the property or the lien of the Mortgage, expenses incurred by the Mortgagee by reason of default by the Mortgagor and advances for construction alteration or renovation of the property or for any other purpose, together with all other sums due hereunder or secured hereby. All notices to be given to the Mortgagee pursuant to 42 Pa. C.S.A. S 8143 shall be sent in the manner prescribed by Section 14 of the Mortgage to PNC Bank, 801 Estelle Drive, Lancaster, Pa. 17601. WITNESS: ?J BORROWER(S): L- Jo n W. Terry, Jr. J . i:'.•Si'i1 Karen S. Boose% COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) S.S. ) On this 15th day of July, 1996, before me, undereigned officer, personally appeared Jo Fin w. Terry, Jr, an Kara - en 5. Boorea known to me (or satisfactorily proven) to be the persons whose names are subscribed to the written instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Hy Commission Expirest STgna ure l ' ?(6c??? Notary Public L DOR EN ?C21ROK NOTARY ?1C MY ?PMMIiStO?RER0. 2 CERTIFICATE OF RESIDENCE It William S. Barton, do hereby certify that the Mortgages's precise residence is 801 Estelle Drive, Lancaster, Pa. 17601. Agent or mortgages CON RUCTION LOAN AGREEML F Principal Loen Date Maturity Loan No Cell Collateral Account Officer Initials '$97700.00 07-1b-1996 05-01-1997 091885458 091885458 r • Ralorences in the shaded area are for Lender's use only and do not limit the applicability this document to an articular loan or Item. Borrower: John W. Terry, Jr. ISSN: 175-4e-5871( Karen S. Boosts (SSN: 166-45-2996( 915 Baltimore Pike Gardners, PA 17324 Lender: PNC BANK, NATIONAL ASSOCIATION ONE PNC PLAZA FIFTH AVENUE 6 WOOD STREET PITTSBURGH, PA 15222 THIS CONSTRUCTION LOAN AGREEMENT between John W. Terry, Jr, and Karen S. Boose ("Borrower") and PNC BANK, NATIONAL ASSOCIATION ("Lender") Is made and executed on the following terms and conditions. Borrower has applied to Lender for loans In the total principal amount of U.S. $97,700.00 In order to construct the Improvements on the Real Property described below. Lender Is willing to lend the loan amount to Borrower solely under the terms and conditions specified In this Agreement and In the Related Documents, to each of which Borrower agrees. Borrower understands and agrees that: (a) In granting, renewing, or extending any Loan, Lender Is retying upon Borrower's representations, warranties, and agreements as set forth In this Agreement, and (b) all such Loans shall be and remain subject to the terms and conditions of this Agreement. TERM. This Agreement shall be effective as of July 15, 19% and shall continue thereafter until all Indebtedness has boon paid In full and all other obligations of Borrower hereunder have boon performed in full and the parties terminate this Agreement In writing, DEFINITIONS. The following words shall have the following meanings when used In this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such forms in the Uniform Commercial Code. All references to dollar amounts shall moan amounts in lawful money of the United Stales of America. Agreement. The word "Agreement' moans this Construction Loan Agreement, as this Construction Loan Agreement may be amended or modified from time to time, together with all exhibits and schedules attached to this Construction Loan Agreement from time to time. Architecture Contract. The words "Architecture Contract* mean the architect's contract relating to the Project, if any. Borrower. The word "Borrower" means each and every person or entity signing the Note, Including without limitation John W. Terry, Jr, and Karen S. Boose. Collateral. The word "CollaleraP means and includes without limitation all property and assets granted as collateral security for a Loan, whether real or personal property, whether granted directly or Indirectly, whether granted now or in the future, and whether granted In the form of a security Interest, mortgage, dead of bust, assignment, pledge, chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale, Oust receipt. lien, charge, lien or title retention contract, lease or consignment Intended as a security device, or any other security or lien Interest whatsoever, whether created by law, contract, or otherwise. Commencement Date. The words "Commencement Ditto' moan August 15, 19%. Completion Date. The words 'Completion Dalo' moan May 1, 1997. Construction Contract. The words "Construction Contract" mean and include the contract dated February 14, 1998 between Borrower and FOGARTY HOMES, the general contractor for the Project, (General Contractor), and any subcontracts with subcontractors, materialmon, laborers, or any other person or entity for performance of work on the Project or the delivery of materials to the Project. Contractor. The word "Contractor' means FOGARTY HOMES, the General Contractor for the Project. Event of Default. The words "Event of Default" moan and Include without limitation any of the Events of Default set forth below In the section titled "Events of Default.' Grantor. The word "Granlor" moans and Includes without limitation each and all of the persons or entities granting a Security Interest In any Collateral for the Indebtedness, including without limitation all Borrowers granting such a Security Interest. Guarantor. The word 'Guarantor" means and Includes without limitation all guarantors, sureties, and accommodation parties. Improvements. The word Improvements" moans and Includes without limitation all existing and future buildings, structures, facilities, fixtures, additions, and similar construction on the Property. Indebtedness. The word *Indebtedness" means and Includes without limitation all Loans, together with all other obligations, debts and liabilities of Borrower to Lender, or any one or more of them, as wall as all claims by Lender against Borrower, or any one or more of them; whether now or hereafter existing, voluntary or Involuntary, due or not due, absolute or contingent, liquidated or unliquidaled: whether Borrower may be liable individually or jointly with others; whether Borrower may be obligated as a guarantor, surety, or otherwise; whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of limitations; and whether such Indebtedness may be or hereafter may become otherwise unonforcoable. Lender. The word 'Lender' moans PNC BANK, NATIONAL ASSOCIATION, its successors and assigns. Loan. The word 'Loan* means the loan made to Borrower under this Agreement and the Related Documents as described below. Loan Fund. The words "Loan Fund' mean the undisbursod proceeds of the Loan under this Agreement together with any equity funds or other deposits required from Borrower under this Agreement. Note. The word *Note" means the promissory note or credit agreement dated July 15, 1995, In the original principal amount of $97,700.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Plans and Specifications. The words 'Plan and Specifications" mean the plans and specifications for the Project which have been submitted to and Initiated by Lender, together with such changes and additions as may be approved by Lender in writing. Project. The word 'Project" means the construction and completion of all Improvements contemplated by this Agreement, including without limitation the erection of the building or structure, installation of equipment and fixtures, landscaping, and all other work necessary to make the Property usable and complete for the intended purposes. The Project includes the following work: CONSTRUCTION OF RESIDENTIAL PROPERTY Project Documents. The words "Project Documents' moan the Plans and Specifications, all studies, data and drawings relating to the Project, whether prepared by or for Borrower, the Construction Contract, the Architecture Contract, and all other contracts and agreements relating to the Project or the construction of the Improvements. Property. The word "Property' moans the Real Property together with all Improvements, all equipment, fixtures, and other articles of personal property now or subsequently attached or affixed to the real property, together with all accessions, parts, and additions to, all replacements of, and all substitutions Ir. any of such property, and all proceeds (including insuranco proceeds and refunds of premiums) from any sale or other disposition of such property, Real Property. The words 'Real Property" mean the real property located In Cumberland County, Commonwealth of Pennsylvania, and legally described as: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF The Real Property or its address is commonly known as 915 Baltimore Pike, Gardners, PA 17324. Related Documents. The words 'Related Documents' mean and include without limitation all promissory notes, credit agreements, loan agreements, emnionmontal agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and documents, whether now or horoaltor existing, executed in connection with the Indebtedness. Security Agreement. The words 'Security Agreement' mean and include without limitation any agreements, promises, covenants, arrangements, understandings or other agreements, whether created by law, contract, or otherwise, evidencing, governing, representing, or croalmg a Security Interest. Security Interest. The words "Security Interest" moon and include without limitation any typo of collateral security, whether in the form of a lion, charge, mortgage, dead of trust, assignment, pledge, chattel modgago, charter trust, factor's lion, equipment trust, conditional sale, trust recotpf, lion or title retention contract, lease or consignment Intended as a security dowco, or any olhor security or lien interest whatsoever, whether creatod by law, contract, or otherwise. Value. The word "Value" means such amount or worth as defined and determined by Lender In Its solo discretion unless agreed to the contrary by Lender In writing. Exhibit "E" 07-15-1996 CONSTRUCTION LOAN AGREE. -;NT Page 2 Loan No 091885458 (Continued) LOAN. The Loan shall be in an amount not to exceed the principal sum of U.S. $97,700.00 and shall bear Interest on so much of the pdncipalxsum as shalt be advanced pursuant to the terms of this Agreement and the nolatod Documents. The Loan shall boar Interest on each Advance from the date of the Advance In accordance with the terms of the Note. Borrower shall use the Loan Funds solely for the payment of (a) the costs of constructing the Improvements and equipping the Project In accordance with the Construction Contract; (b) other costs and expenses Incurred or to be incurred in connection with the construction of the Improvements as Lander in its solo discretion shall approve; and (c) it permitted by Lender, interest due under the Nola, including all expenses and all loan and commitment loos described in this Agreement. The Loan amount shall be subject at all times to all maximum limits and conditions set Forth in this Agreement or in any of the Related Documents, including without limitation, any limits rotating to loan 10 value ratios and acquisition and Project costs. FEES AND EXPENSES. As a condition of Lender's making the Loan. Borrower agrees to pay the following fees, charges, and expenses, In addition to an others set forth In this Agreement: DISCOUNT POINTS $488.50; DISBURSEMENT FEE (700.00. Whether or not the Project shall be consummated. Borrower shall assume and pay upon demand all out-of-pocket expenses incurred by Lender In connection with the preparation of loan documents and the making of the Loan. Including without limitation the following: (a) all closing costs, teas, and disbursements; (b) all expenses of Lender's legal counsel; and (c) all title examination foes, title Insurance premiums, appraisal foes, survey costs, required fees, and filing and recording lees. hO CONSTRUCTION PRIOR TO RECORDING OF SECURITY DOCUMENT. Borrower will not permit any work or materials to be furnished In connection with the Project until (a) Borrower has signed the Rolatod Documents; (b) Lender's mortgage or deed of trust and other Security Interests In the Property have been duty recorded and perfected; and (c) Lander has been provided ovidonce, satisfactory to Lender, that Borrower has obtained all Insurance required under this Agreement or any Related Agreement and that Lender's lions on the Property and Improvements are valid perfected fast liens, subject only to such exceptions, if any, acceptable to Lander. REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender, as of the dale of this Agreement, as of the date of each disbursement of Loan proceeds, as of the dale of any renewal, extension or modification of any Loan, and at all times any Indebtedness exists: Authorization. The execution, delivery, and performance of this Agreement by Borrower, to the extent to be executed, delivered or performed by Borrower, have been duly authorized by all necessary action by Borrower; do not require the consent or approval of any other person, regulatory authority or governmental body; and do not convict with, result In a violation of, or constitute a default under (a) any provision of any agreement or other instrument binding upon Borrower or (b) any law, governmental regulation, court decree, or ardor applicable to Borrower. Financial Information. Each financial statement of Borrower supplied to Lender truly and completely disclosed Borrower's financial condition as of the data of the statement, and there has been no material adverse change in Borrower's financial condition subsequent to the date of the most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed in such financial statements. Title to Property. Borrower has, or on the date of first disbursement of Loan proceeds will have, good and marketable title to the Properly free and clear of all defects, lions, and encumbrances, excepting only liens fix taxes, assessments, or governmental charges or levies not yet delinquent or payable without penalty or Interest, and such lions and encumbrances as may be approved in writing by the Lender. Hazardous Substances. Borrower represents and warrants that, except as disclosed to Lander In writing, no property of Borrower ever has been, or ever will be so long as this Agreement remains in affect, used for the generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance, as Those terms are defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1960, as amended, 42 U.S.C. Section 9601, at seq. ('CERCIA ). the Superfund Amendments and Reauthorization Act ('SARA'), applicable stale or Federal laws, or regulations adopted pursuant to any of the foregoing. The representations and warranlies contained herein are based on Borrower's due diligence in Investigating the properties for hazardous waste and hazardous substances. Borrower hereby (a) releases and waives any future claims against Lender for Indemnity or contribution In the event Borrower becomes liable for cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmless Lander against any and all claims and losses resulting from a breach of this provision of this Agreement. This obligation to indemnify shall survive the payment of the Indebtedness and the satisfaction of this Agreement. Project Costs. The total cost for the Project shalt not exceed $78,123.00. The Project costs tire true and accurate estimates of the costs necessary to complete the Improvements In a good and workmanlike manner according to the Plans and Specifications presented by Borrower to Lender, and Borrower shall take all slaps necessary to prevent the actual cost of the Improvements from exceeding the Project costs. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions sat forth in this Agreement. Special Conditions to Initial Advance. BUILDING PERMIT. Approval of Contraclors, Subcontractors, and Materiaimen. Lender shall have approved a list of all contractors employed In connection with the construction of the Improvements, showing the name, address, and telephone number of each contractor, a general description of the nature of the work to be done, the labor and materials to be supplied, the names of malorialmen, it known, and the approximate dollar value of the tabor, work, or materials with respect to each contractor or materialman. Lender shall have the right to communicate with any person to verify the facts disclosed by the list or by any application for any Advance, or for any olhor purpose. Plans, Specifications, and Permits. Lender shall have received and accepted a complete sot of Plans and Specifications selling forth all Improvements lo( the Project, and Borrower shall have furnished to Lender copies of all permits and requisite approvals of any governmental body necessary for the construction and use of the Project. Architecture and Construction Contracts. Borrower shall have furnished In form and substance satisfactory to Lender an executed copy of the Architecture Contract and an executed copy of the Construction Contract. Budget and Schedule of Estimated Advances. Lender shall have approved detailed budget and cash now projections of total Project costs and a schedule of the estimated amount and time of disbursements of each Advance. Borrower's Authorization. Borrower shall have provided in form and substance satisfactory to Lander properly certified resolutions, duly authorizing the execution and delivery of the Loan documents, and the consummation of the Project, and such other authorizations and other documents as Lender In its sole discretion may require. Bond. It requested by Lender, Borrower shall have furnished a performance and payment bond In an amount equal to 100% of the amount of the Construction Contract, as well as a materfalmen's and mochanlcs' payment bond, with such riders and supplements as Lender may require, each In form and substance satisfactory to Lender, naming the General Contractor as principal and Lender as an additional obligoe. Appraisal. If requested by Lender, Borrower shall have furnished to Lender, at Borrower's expense, an appraisal of the Property prepared by an appraiser satisfactory to Lender and In form and substance satisfactory to Lender in its sole discretion. Plans and Specifications. II requested by Lender, Borrower shall have assigned to Lender on Lender's forms the Plans and Specifications for the Project. Environmental Report. It requested by Lender, Borrower shall have furnished to Lender, at Borrower's expense, an environmental report and cerli icale on the Property In form and substance satisfactory to Lender, prepared by an engineer or other expert satisfactory to Lander slating that the Property comphos with all applicable piowsions and requvomonts of the 'Hazardous Substances' paragraph Sol forth below. Soil Report. It requested by Londor. Borrower shall have furnished to Lander, at Borrower's expanses, a Soil report for the Property in form and substance satisfactory to Lender, prepared by a registered engineer satisfactory to Lender slating that the Property is free tram soil or other geological conditions that would piecludo its use or development as contemplated without extra expense Tor precautionary, corrective or remedial measures. Survey. If requested by Lender, Borrower shall have furnished to Lander a survey of recent date, prepared and certified by a qualified surveyor and providing that the Improvements, it constructed in accordance with the Plans and Specifications, shall he wholly within the boundaries of the Property without encroachment or violation of any zoning ordinances, building codes or regulations, or setback requirements, together with such other information as Lender In its solo discretion may require. Zoning. Borrower shall have furnished evidence satisfactory to Lender that the Property Is duly and validly zoned for the construction, maintenance, and operation of the Project. Title Insurance. Borrower shall have provided to Lender an ALTA Lender's extended coverage policy of title Insurance with such endorsements as Lender may require, Issued by a title insurance company acceptable to Lender and in a form, amount, and content satisfactory to Lander, Insuring or agreeing to Insure that Lander's Mortgage or Dead of Trust on the Property is or will be upon recordation a valid first lien on the Property free and clear of all defects, liens, encumbrances, and exceptions except those as specifically accepted by Lender in writing. It requested by Lender, Borrower shall provide to Lander, at Borrower's expense, a foundation endorsement to the tills policy upon the completion of each foundation for Iho Impurvements. showing no encroachments, and upon completion an endorsement which insures the lion-free completion of the Improvements. Specd,cally, Bonowor shall provide to Lander the following title insurance endorsements: ENDORSEMENTS 1001300 1;. DISBURSEMENT OF LOAN PROCEEDS. Thu following provisions rplaln to Iho disbursement of funds from the Loan Fund 07-15-1996 VSTRUCTION LOAN AGREEMEt Page 3 Loan No 091885458 (Continued) • Application for Advances. Borrower shall apply for Advances from the Loan Fund according to the following disbursement schedule: SEE CONSTRUCTION DISBURSEMENT SCHEDULE ATTACHED. Each application shall be staled on a standard AIA payment request form or other form approved by Lender, executed by Borrower, and supported by such evidence as Lendor shall reasonably require. Borrower shall apply only for disbursement with respect to work actually done by the General Contractor and for materiels and equipment actually Incorporated Into the Project. Each application for an Advance shall be deemed a certification of Borrower that as of the date of such application, all representations and warranties contained in the Agreement are true and correct, and that Borrower Is In compliance with all of the provisions of this Agreement. Payments. At the solo option of Lander, Advances may be paid in the joint names of Borrower and the General Contractor, subcontractor(s), or supplier(s) In payment of sums due under the Construction Contract. At its sole option, Lendor may directly pay the General Contractor and any subcontractors or other pathos the sums duo under the Construction Contract. Borrower appoints Lander as its atlorney-in-fact to make such payments. This power shall be deemed to be coupled with an interest, shall be irrevocable, and shall survive an Event of Default under this Agreement. Projected Cost Overruns. If Lander at any time determines in its sole discretion that the amount in the Loan Fund Is insufficient, or will be Insufficient, Io complete fully and to pay for the Project, then within ten (10) days alter receipt of a written request from Lender, Borrower shall deposit In the Loan Fund an amount equal to the deficiency as determined by Lendor. The judgment and determination of Lender under this section shall be final and conclusive. Any such amounts deposited by Borrower shall be disbursed prior to any Loan proceeds. Right to Advance Funds. When any event occurs that Lender determines may endanger completion of the Project or the fulfillment of any condition or covenant In this Agreement. Lender may require Bonowor to furnish, within ton (10) days after delivery of a written request, adequate security to eliminate, reduce, or indemnity Lander against, such danger. LIMITATION OF RESPONSIBILITY. The making of any Advance by Lander shalt not constitute or be Interpreted as either (a) an approval or acceptance by Lender of the work done through the dale of the Advance, or (b) a representation or Indemnity by Lender to any party against any deficiency or defect In the work or against any breach of any contract. Inspections and approvals of the Plans and Specifications, the Improvements, The workmanship and materials used in the Improvements, and the exercise of any other right of Inspection, approval, or Inquiry granted to Lender in this Agreement are acknowledged to be solely for the protection of Lender's I•ileresls, and under no circumstances shall they be construed to Impose any responsibility or liability of any nature whatsoever on Lander to any party. Neither Borrower nor any contractor, subcontractor, •natedalman, laborer, or any other person shall rely, or have any right to rely, upon Lender's determination of the appropriateness of any Advance. No tAbursament or approval by Lander shall constitute a representation by Lender as to the nature of the Project, Its construction, or Its Intended use lot Borrower or for any other person, nor shall it constitute an Indemnity by Lendor to Borrower or to any other person against any deficiency or defects In the Project or against any breach of any contract. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that, while this Agreement Is in elfect, Borrower will: Construction of the Project. Commence construction of the Project no later than August 15, 19%, and cause the Improvements to be constructed and equipped in a diligent and orderly manner and in strict accordance with the Plans and Specifications approved by Lender, the Construction Contract, and all applicable laws, ordinances, codes, regulations, and rights of adjoining or concurrent property owners. Borrower agrees to complete the Project for purposes of final payment to the General Contractor on or before May 1, 1997, regardless of the reason for any delay. Loan Proceeds. Use the Loan Funds solely for payment of bills and expenses directly totaled to the Project Defects, Upon demand of Lender, promptly correct any defect in the Improvements or any departure from the Plans and Specifications not approved by Lendor before further work shall be done upon the portion of the Improvements affected. Project Claims and Litigation. Promptly Inform Lender of (a) all material adverse changes In the financial condition of the General Contractor; (b) any litigation and claims, actual or threatened, affecting the Project or the General Contractor, which could materially affect the successful completion of the Project or the ability of the General Contractor to complete the Project as agreed; and (c) any condition or event which constitutes a breach or default under any of the Related Documents or any contract related to the Project. GENERAL PROJECT PROVISIONS. The following provisions relate to the construction and completion of the Project: Change Orders. All requests for changes In the Plans and Specifications, other than minor changes involving no extra cost, must be In writing, signed by Borrower and the archlloct, and delivered to Lender for its approval. Borrower will not permit the performance of any work pursuant to any change order or modification of the Construction Contract or any subcontract without the written approval of Lender. Borrower will obtain any required permits or authorizations from governmental authorities having jurisdiction before approving or requesting a now change order. Purchase of Materiels; Conditional Sales Contracts. No m3lorials, equipment, fixtures, or articles of personal property placed In or Incorporated Into the Project shall be purchased or installed under any Security Agreement or other agreement whereby the seller reserves or purports to reserve title or the right of removal or repossession, or the right to consider such items as personal property alter their incorporation Into the Project, unless otherwise authorized by Lender In writing, - Lender's Right of Entry and Inspection. Lender and its agents shall have at all limes the right of entry and free access to the Property and the right to Inspect all work done, labor performed, and materials furnished with respect to the Project. Lender shall have unrestrk;tod access to and the right to copy all records, accounting books, contracts, subcontracls, bills, statements, vouchers, and supporting documents of Borrower totaling In any way to the Project. Lender's Right to Stop Work. If Londor In good faith determines that any work or materials do not conform to the approved Plans and Specifications or sound building practices, or otherwise depart from any of the requirements of this Agreement, Lendor may require the work to be slopped and withhold disbursements until the matter is corrected. In such event, Borrower will promptly correct the work to Lender's salislaclion. No such action by Lendor will allocl Borrower's obligation to complete the Improvements on or before the Completion Date. Lender is under no duty to supervise or inspect the construction or examine any books and records. Any inspection or examination by Lender Is for the sole pwpose of protecting Lender's security and proserving Lender's rights under this Agreement. No default of Borrower will be waived by any Inspection by Lender. In no event will any Inspection by Lender be a representation that there has been or will be compliance with the Plans and Specifications or that the construction Is free from defective materials or workmanship. Indemnity. Borrower shall indemnity and hold Lender harmless from any and all claims asserted against Lander or the Property by any person, entity, or governmental body, or arising out of or In connection with the Property, Improvements, or Project. Lender shall be entitled to appear in any action or proceeding to defend itself against such claims, and all costs Incurred by Lendor in connection with such defense, including allornoys' fees, shall be paid by Borrower to Lender. Lender shall, in its sole discretion, be entitled to settle or compromise any asserted claims against it, and such settlement shall be binding upon Borrower for purposes of this indemnification. All amounts paid by Lender under this paragraph shall be secured by Lender's Mortgage or Dead of Trust, it any, on the Property, shall be doomed an additional principal Advance under the Loan, payable upon demand, and shall bear Interest at the rate applicable to the Loan. CONSTRUCTION LOAN COMMITMENT. Lander has issued a construction loan commitment letter for the Loan to Borrower with an acceptance date of June 23, 1996 and with a closing data of July 15, 19%. Relationship to this Agreement. The terms and provisions of this Agreement, the Note and the Related Documents supersede any inconsistent terms and conditions of Lender's construction loan commitment Inller to Borrower, provided that all obligations of Borrower under the commitment to pay any loos to Lender or any costs and expenses relating to the Loan or the commitment shall survive the execution and delivery of this Agreement, the Note and the Related Documents. Any failure of Borrower to perform any such obligation shalt constitute a default under this Agreement. RIGHT OF SETOFF. I grant to Lender a contractual possessory security interest in, and hereby assign, convey, deliver, pledge, and transfer to Lendor all my fight, hllo and Interest In and to, my accounts with Londor (whether chocking, savings, or some other account), including without limitation all accounts hold jointly with someone also and all accounts I may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security interest would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Delault on Indebtedness. Failure of Borrower to make any payment when duo on the Loans. Other Defaults. Failure of Borrower to comply with or to perform when duo any other term, obligation, covenant or condition contained In this Agreement False Statements. Any warranty, representation or slalmmfint made or furnished to I ender by or on behalf of Borrower is false or misluadmg in any material respect at the time made or furnished, or bncornes falo or misleading at any limo Ihmoaflor. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Bo:rowor, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any prxoading under any bankruptcy or insolvency laws by or against Borrower. 07-16-1996 CONSTRUCTION LOAN AGREE. MT Page 4 Loan No 091885458 (Contlnued) Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, sell-help, repossession or any other method, by any creditor of Borrower, any creditor of any Grantor against any collateral securing the Indebtedness, or by any governmental agency. This Includes a garnishment, attachment, or levy on or of any of Borrower's deposit accounts with lender. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness of any Guarantor dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Breach of Construction Contract. The Improvements are not constructed In accordance with the Plans and Specifications or In accordance with the forms of the Construction Contract. Cessation of Construction. Prior to the completion of construction of the Improvements and equipping of the Project, the construction of the Improvements or the equipping of the Project Is abandoned or work thereon ceases for a period of more than ton (10) days lot any reason, or the Improvements are not completed la purposes of final payment to the General Contractor prior to May 1, 1997, regardless of the reason for the delay. Transfer of Property. Sale, transfer, hypothecation, assignment, or conveyance of the Property or the Improvements or any portion Ihoreol or Interesl therein by Borrower or any Grantor without Lender's prior written consent. Condemnation. All or any material portion of the Property is condemned, seized, or appropriated without compensation, and Borrower does not within thirty (30) days after such condomnallon, seizure, or appropriation, Initiate and diligently prosecute appropriate action to contest in good failh the validity of such condemnation, seizure, or appropriation. EFFECT OF AN EVENT OF DEFAULT; REMEDIES. Upon the occurrence of any Event of Default and at any time thereafter, Lender may, at its option, but without any obligation to do so, and in addition to any other right Lender may have, do any one or more of the following without notice to Borrower: (a) Cancel this Agreement; (b) Institute appropriate proceedings to enforce the performance of this Agreement; (c) Withhold further disbu•soment of Loan Funds; (d) Expend funds necessary to remedy the default; (e) Take possession of the Property and continue construction of the Project; (I) Accelerate maturity of the Note and/of Indebtedness and demand payment of all sums due under the Nola and/or Indebtedness; (g) Bring an action on the Note and/or Indebtedness; (h) Foreclose Lender's Mortgage or Dead of Trust, if any, on the Properly in any manner available undo( law; and (i) Exercise any other right or remedy which It has under the Note or Related Documents, or which is otherwise available at law or In equity or by statute. COMPLETION OF IMPROVEMENTS BY LENDER. If Lender lakes possession of the Properly, it may take any and all actions necessary In its judgment to complete construction of the Improvements, Including but not limited to making changes In the Plans and Specifications, work, or materials and entering Into, modifying or terminating any contractual arrangements, subject to Lender's right at any time to discontinue any work without liability. It Lender elects to complete the Improvements, it will not assume any liability to Borrower or to any other person for completing the Improvements or for the manner or quality of construction of the Improvements, and Borrower expressly waives any such liability. Borrower Irrevocably appoints Lender as its atlorney-4n4acl, with full power of substitution, to complete the Improvements, at Lender's option, either in Borrower's name or In its own name. In any event, all sums expended by Lender In completing the construction of the Improvements will be considered to have been disbursed to Borrower and will be secured by the collateral for the Loan. Any such sums that cause the principal amount of the Loan to exceed the face amount of the Note will be considered to be an additional Loan to Borrower, bearing Interest at the Note rate and being secured by the collateral. For these purposes, Borrower assigns to Lender all of its right, Idle and Interest in and to the Project Documents; however Lender will not have any obligation undo( the Project Documents unless Lender expressly hereafter agrees to assume such obligations In writing. Lender will have the right to exercise any rights of Borrower under the Project Documents upon the occurrence of an Event of Default. All rights, powers, and remedies at Lander under this Agreement are cumulative and alternative, and are in addition to all rights which Lender may have under applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Agency. Nothing In this Agreement shall be construed to constitute the creation of a partnership or joint venture between Lender and Borrower or any contractor. Lender Is not an agent or representative of Borrower. This Agreement does not create a contractual relationship with and shall not be construed to benefit or bind Lender In any way with or create any contractual duties by Lender to any contractor, subcontractor, materialman, laborer, or any other person. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Applicable Lew. This Agreement has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is e lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of ALLEGHENY County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Agreement shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. Costs and Expenses. Borrower agrees to pay upon demand all of Lender's expenses, including without limitation attorneys' loos, incurred In connection with the preparation, execution, enforcement, modification and collection at this Agreement or in connection with the Loans made pursuant to this Agreement. Lender may pay someone also to help collect the Loans and to enforce this Agreement, and Borrower will pay that amount. This Includes, subject to any limits under applicable law, Lender's attorneys' foes and Lender's legal expenses, whether or not there is a lawsuit, Including allornoys' loos for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgmont collection services. Borrower also will pay any court costs, in addition to all other sums provided by law. Survival. All warranlies, representations, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement shall be considered to have been relied upon by Lender and will survive the making of the Loan and delivery to Lender of the Related Documents, regardless of any investigation made by Lender or on Lender's behalf. Time Is of the Essence. Time is of the essence In the performance of this Agreement. Waiver. Lender shall not be deemed 10 have waived any rights under this Agreement unless such waiver Is given In writing and signed by Lander. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, not any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any obligations of Borrower or of any Grantor as to any future transactions. Whenever the consent of Lender is required under this Agreement, the grenimg of such conseul by Lender in any instance shall not constitute continuing consent In subsequent Instances where such consent is required, and in all cases such consent may be granted or withheld In the sole discretion of Lender. SUCCESSORS AND ASSIGNS. All covenants and agreements contained by or on behalf of Borrower shall bind its successors and assigns and shalt Inure to the benefit of Lender. Its succesors and assigns. Borrower shall not, however, have the right to assign its rights under this Agreement at any Interest therein, without the prior written consent of Lender. ENTIRE AGREEMENT, This Agreement and Ilia noicled Docwnerds conbtaute ail of the agraomenls between the parties totaling to the Project and supersedes all other prior or concurrent oral or written agreements or understandings totaling to the Project. EACH BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS CONSTRUCTION LOAN AGREEMENT, AND EACH BORROWER AGREES TO ITS TERMS. THIS AGREEMENT IS DATED AS OF JULY 15, 1996. BORROWER: X nW.T.".Jr. (SEAL) (? Y X Nsrn S. Dooss???(1 [7? D (SEAL) LENDER: PNC BANK, NATIONAL ASSOCIATION By: A1.11110flZoill Officer usuvano.into u c Fri. a "-;,,,r 1004CI i no.,or¢n,Inc. All nahlnrumd p•A.U, C3 21 F] 7((13 21 lCfifty .LN C I CVI. I .. EXHIBIT A ALL THAT CERTAIN tract of land situate in the Township of south Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit3 BEGINNING at a steel pin met in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and #2 on the hereinafter mentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 160 51' 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot #3; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-six minutes thirty seconds East (N 590 46, 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83 ) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot #4, south six degrees six minutes five seconds East (S 6' 6- 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68) to a steel pin at Lot #1; thence extending along Lot #1, south seventy-three degrees eight minutes thirty-five seconds West (S 730 81 35" W), through a steel pin not on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90) to a steel pin not in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 arses to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker i Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record owner and John W. Terry, Jr., Equity owner, by Deed bearing date the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boogie. t . .e EXHIBIT "B" CONSTRUCTION DISBURSEMENT SCHEDULE Borrower(s) Names John W. Terry, Jr. and Karen S. Boone Loan It 091885458 Mailing Addresst 915 Baltimore Pike, Gardners, Pa. 17324 Contractort Fogarty Homes Phone /t 717-233-3095 Mortgage Amounts $97,700.00 Construction Costs $78,123.00 Property Address: 915 Baltimore Pike, Gardners, Pa. 17324 COPIES OF ALL REQUIRED PERMITS ARE TO BE PROVIDED TO PNC BANK PRIOR TO ANY CONSTRUCTION DISBURSEMENTS $ 16,176.46 PNC paid at construction loan closing. 1. $ 11,718.45 PNC paid when foundation and basement walls have been completed. 2. $ 15,624.60 PNC paid when house frame erected, roof sheathed, interior partitions net. 3. $ 19,530.75 PNC paid when exterior sheathing, roofing, exterior windows and doors, and mechanical rough-ine have been competed, basement floor concreted. 4. $ 15,624.60 PNC paid when exterior masonry and aiding, insulation, drywall (ready to paint), water and sewage have been completed, heating unit has been installed. 5. $ 15,624.60 PNC paid when home in completed and occupancy certificate is received. $ 3,400.54 PNC remainder available to borrower for permanent loan modification costs or additional construction coats (to be supported by invoices). $ 97,700.00 Total disbursements paid from PNC funds. Requesting Disbursement Fundst The above schedule was established as a guideline for issuance of a check to cover the work completed. When construction has progressed to the point stipulated in the schedule, pleane call or write the Construction Loan Department of the Bank and an inspection will be ordered within 24 hours of your request. A qualified real estate appraiser will inspect the property and submit a written report to the Bank. Upon receipt of the appraiser's written report, provided such report is satisfactory to PNC and further provided Borrower in then currant with respect to all loan obligations, a check will be issued in accordance with the Construction Loan Agreement. Please notify us of any change in address in order to ensure prompt delivery of your check. Any changes to the original piano and specifications should be noted on a Change order and provided to PNC as noon as possible. PNC Bank assumes no responsibility for the construction to be performed, its quality or the compliance with the plane and specifications, and Borrower(s) are advised that any inspections as to the progress of the work is for the benefit of PNC only, and that inspection reports by Inspectors of PNC are not certifications of compliance by the Contractor with the building specifications or of the quality of the work, nor are they intended an construction supervision. This schedule of payments prevails regardless of any prior oral or written agreement or understanding between Contractor and Borrower. changes to this schedule may be negotiated between parties to the contract where specifications or contract price dictate realignment of draw percentages. We, the undersigned, acknowledge receipt of thin disbursement schedule and agreeetto, it's terms. orrowor?t to n r' 'or Data t ._ Obr-rower Onto PNC CAPITAIi'RECOVERY CORP. 4242 Carlisle Pike Camp Hill, PA 17011 E-mail: eric.krimmel@pncbank.com February 12, 1999 Mr. John W. Terry, Jr. Ms. Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 In re: Obligor/Obligation Nos.: 31701287-601065557 Dear Mr. Terry: Dear Ms. Boose: Eric D. Krimmel Assistant Vice President (717) 730-2492 Tel (717)730.2373 Fax PNC Capital Recovery Corp. In connection with your obligation to PNC Bank, National Association ("PNC") evidenced by a certain Note dated July 15, 1996 in the original amount of 597,700.00, and certain Loan Documents also dated July 15, 1996, notice is hereby given that you are in default under the Note and Loan Documents by virtue of your failure to: (1) make payments to PNC as and when due, (2) maintain insurance coverage, and (3) provide for permanent financing on or before the Maturity date of May 1, 1997. As a result of such defaults, all liabilities and obligations under the Note and Loan Documents have been accelerated and demand is hereby made for payment in full of all liabilities and obligations due to PNC. As of February t2, 1999 the amount due under the Note and Loan Documents is as follows: Principal balance S 92,480.32 Accrued and unpaid interest as of 02/12199 11,758.46 Mortgage satisfaction fee 14.00 ' Total i 104,252.78 Per diem 221.22 Demand is hereby made for immediate payment in full to PNC Bank, National Association of all sums due and owing under the Note and Loan Documents, plus accrued interest and hereafter accruing, as set forth above, and any additional costs which may become due, from the date of this letter. Please be advised that unless payment in full Is immediately delivered to PNC Bank, National Association at 4242 Carlisle Pike, Camp Hill, PA 17011, in the form of a cashiers check, certified check or money order, PNC shall take all action it deems appropriate to collect the above sums due and owing, preserve, protect and enforce its rights under the Note and Loan Documents. Very truly yours, PN Capital Recovery Corp. Eric D. Krimmel Assistant Vice President Certified Mail No.: Z 077 330 745 cc: Regular Mail / Geoffrey S. Shuff, Esquire ? Exhlibi t "F" 0 - A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 'ibe Commonwealth of Pennsylvania's Homeowner's Emergency Mortgage Assistance Program may be able to help you. Read the following notice to find out how the program works. If you need more information call the Pennsylvania Housing Finance Agency at 1.800-342-2397. Is notification en adjunto es de sumo importancia, pues afecta su derecho a continuar viviendo co su tau. Si no compreode el comenido de esta notification obtenga tma traduccion immediatamente Ilamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionado arriba. Puedes ser elegible pars un prestamo por el programs Hondo 'Homeowner's Emergency Mortgage Assistance Program' el cull puede salvar su casa de Is perdida del derecho a redimir su hipoteca. Exhibit "G" PNC CAPITAL RECOVERY CORP. Eric D. Krimmel 4242 Culble Pike Auisnm Vice Prtslftt Camp 11111, PA 17011 (717) 730.2492 Tel ' " • E-mall: (717) 730.2373 Fu February 15, 1998 Mr. John W. Terry, Jr. Ms. Karen S. Boose PNC Capital Recovery Corp. 915 Baltimore Pike Gardners, PA 17324 ACT 91 NOTICE IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. In re: Obligor/Obligation Nos.: 31701287-601065557 Property Address: 915 Baltimore Pike, Gardners, PA 17324 Dear Mr. Terry: Dear Ms. Boose: You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983. (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, you have a reasonable prospect of resuming your mortgage payments, and if you meet other eligibility requirements established by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address and telephone number of our representative is: Exhibit "G" Mr. John W. Terry, Jr. ' Ms. Karen S. Boose February 12, 1999 Page 2 Eric D. Krimmel Assistant Vice President PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 (717) 730-2492 The names and addresses of designated consumer credit counseling agencies are shown on the attached sheet. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. Your mortgage is in default because you have failed to payoff the above-referenced loan account in accordance with a demand letter dated February 12, 1999. The total amount of the delinquency as of this date is $104,252.78. That sum includes the following: Principal balance 5 92,480.32 Accrued and unpaid interest as of 02/12/99 11,758.46 Mortgage satisfaction fee 14.00 Total $104,252.78 Per diem $21.22 Your mortgage is also in default for failing to maintain insurance coverage and to provide permanent financing on or before the maturity date of May 1, 1997. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed on the attachment. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in idling out your application and will submit your completed application to the Pennsylvania Housing Financing Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to face meeting. It is earemely important that you fife your application promprly. !f 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. Mr. John W. Terry, Jr. • Ms. Karen S. Boose February 12, 1999 Page 3 It is extremely important that your application is accurate and complete in every respect. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Stmt, Post Office Box 8029, Harrisburg, Pennsylvania 17105. Telephone No. (117) 780-3800 or 14800-342-2397 (toll free number). Persons with impaired hearing can call 1-800-342-2397. In addition, you may receive another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, you cannot be foreclosed upon while you are receiving that assistance. Very truly yours, PPNCCapital Recovery Corp. - Eric D. Krimmel Assistant Vice President Enclosure: Consumer Credit Counseling Agency List Certified Mail No.: Z 077 330 746 CC: Regular Mail Geoffrey S. Shuff, Esquire PENNSYLVANIA HOUSING FINANCE AGENCY Homeowners' Emergency Mortgage Assistance Loan Program PuvmM General Information (717) 780-3940 Corresyondenre ' -? • 2101 North Front Street General Information 1-800-341-2397 2101 North Front Street P.O. Box 15206 TDD N For Hearing Impaired (717) 780-1869 P.O. Box 15530 Harrisburg. PA 17 t05-5206 FAX # (717) 780-3995 Harrisburg. PA 17105-5530 5/06/1999 P.N.C. BANK-ERIC D. KRI!2WL 4242 CARLISLE PIKE P.O. BOX 8874 CAMP HILL, PA. 17011 SUBJECT, JOHN W TERRY 915 BALTIMORE PI GARDNERS, PA. 17324 Your application for a HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE LOAN has been DENIED pursuant to Act 91 of 19839 35 P.S. Section 168.401-C at seq. and/or Agency Guidelines 12 PA Code Section 31.201 at seq. for the following reasons: DELETED IN LENDER'S COPY You may be entitled to an appeal hearing if you disagree with our decision. We must receive a written request for a hearing within 15 days of the postmark date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing, may be conducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing is requested-and must be sent first class, registered or certified mail tot Chief Counsel - Hearing Request, PHFA/HEMAP, 2101 North Front Street, P.O. Box 156289 Harrisburg, Pennsylvania, 17105-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, please be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services representation. You can contact a Legal Services representative through the following toll free numbers 1-800-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USE OF INFORMATION OBTAINED FROM OUTSIDE SOURCE: Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Equal Credit Opportunity, Washington, D.C. The Pennsylvania Housing Finance Agency Exhibit "11" cn Ey w j c C7 l4 (T (J U? (n l?ll 1 V V W . .1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. TERRY JOHN W JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TERRY JOHN W JR the defendant, at 10:45 HOURS, on the 15th day of October , 1999 at 915 BALTIMORE PIKE GARDNERS, PA 17329 ,CUMBERLAND , County, Pennsylvania, by handing to KAREN BOOSE 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 5.58 Affidavit .00 Surcharge 8.00 R7•'i'3?J'RZIYiO, S SSA DI8$i999HHUFF & MASLAND /by -IICY ?Br'SLL 11 Sworn and subscribed to before me this ,r Or' day of &eZ.-t.-? 19?? A.D.( p,J „ 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06216 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NATIONAL ASSOCIATION VS. TERRY JOHN W JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOOSE KAREN S the defendant, at 10:45 HOURS, on the 15th day of October , 1999 at 915 BALTIMORE PIKE GARDNERS, PA 17324 ,CUMBERLAND County, Pennsylvania, by handing to KAREN BOOSE , 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 Coats: So s Seryiceng 6.00 Affidavit .00 Surcharge 8.00 , Srlerlff 4iIq.uu'SA DBh999UFF & MASLAND by Sworn and subscribed to before me this fit' day of Ocr,& . 19Q()_ A.D. o (J? Qom LJUPULY D11ULbLLL r s PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION -LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 9th day of December, 1999, 1, Karl M. Ledebohm, Esquire, of the firm of SAIDIS, SHUFF & MASLAND, attorneys for PNC Bank, National Association, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". PNC Bank, National Association Cumberland County Tax Claim Bureau 4242 Carlisle Pike Cumberland County Courthouse Camp Hill, PA 17011 One Courthouse Square Carlisle, PA 17013 The First Bank and Trust Company, a PNC Bank 4242 Carlisle Pike Camp Hill, PA 17011 Respectfully submitted, SAIDIS, SHU & MASLAND By: ?z zz:L/ ° /Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff US.POSTAL SERVICE CER TIFlCATE OF MAILING MAY Be USED FOR DOMESTIC AND INT RNATR7NAL MAR, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER RocwAd Rom: -4\ OL v : o?l 4 Oft p t c t of aMry m4 aoarnaw C ?TL Tl ?.m ?4'lV' ? C ? k ? .a Z Gr c L , CG vvk?P C?, PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Racanw Ran: (?(1 r G ? 'L , ar "vC10\ Ona P" or aewy mat aobaaaa0 b: r v OA^ ?. c ?, c V 3 PS Form 381. Mar. 1989 US POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER RocarvaE From: ?.•. & W t c?-1C? (fib: rc. r W Ona PKa al ayury m4 a0bauaG yyy, l I PS Farm 3817, Mar. 1989 Exhibit "A" ? o ?ri r y CA- o 0 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 DEC 15 RECD PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND KAREN S. : AMOUNT DUE: 114,723.44 GOOSE, : INTEREST FROM OCTOBER 7, 1999 AT THE Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against John W. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners, Pennsylvania 17324, Defendants; (3) and against the following Gamishees: N/A (4) and index this writ (a) against John W. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners, Pennsylvania 17324; and (b) against N/A Gamishee(s), as a lis pendens against the real property of the Defendants in the name of the Gamishees as follows: that certain tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. (5) Exemption has (not) been waived. Respectfully submitted, SAIDIS, SHUFF 41 MASLAND Date: III-;0[11 By:, Karl 'M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff ?i dun -- '??'• PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND KAREN S. : AMOUNT DUE: 114,723.44 BOOSE, : INTEREST FROM OCTOBER 7, 1999 ? T.THE Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) .s TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTI0&- 1N.XWABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against John W. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners, Pennsylvania 17324, Defendants; (3) and against the following Gamishees: N/A (4) and index this writ (a) against John W. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners, Pennsylvania 17324; and (b) against N/A Garnishee(s), as a lis pendens against the real property of the Defendants in the name of the Gamishees as follows: that certain tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. (5) Exemption has (not) been waived. Respectfully submitted, SAIDIS, SHUFF Date: I 1110111 Karl'M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff 4 T ?. PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Tent', Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage ofrecord: The First Bank and Trust Company, a PNC Bank 4242 Carlisle Pike Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted Date: IZO yf SAIDIS, SHUFF & MASLAND 'Karl M. Ledebohni, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff a- ' ON 'CA c5 "z PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 f L . ) L r; 1 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: The First Bank and Trust Company, a PNC Bank 4242 Carlisle Pike Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Nonc 6. Name and address of every other person who has any record Interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted SAIDIS, SIIUFF & MASLAND Date: IV Nq? Karl M. Lcdcbohm, Esquire Supreme Court ID #59012 2109 Market Strect camp llill, PA 17011 (717)737.3405 Attorney for Plaintiff !t: PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 441100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($ 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boose . A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days afler the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICF_n_ F TIIF TIME AND PLACF; OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED I1F:CAUSE 7'IIF:RE IS A .IUD(;MENT AGAINST YOU. IT MAY CAUSE YOUR PROPF:R'IN TO BE IIF:I.D,'1'0 BR SOLD OR TAKEN TO PAY THE JUDGMENT, You may have legal rights to prevent your property front being taken away. A lawyer can advise you more specifically of tliese rights. Ifyou %visit to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS I'APFR 7'O YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE. SET FORTH IIELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Ilar Association 2 Liberty Avenue Curllele, PA 17013 (717) 249.3166 or 1.800.99169108 THE LEGAL. RIGHTS YOU MAY IIAVE ARE:: I. You ntny file it petition with the Court of Common PI cm, of the within County to open the judgment if you have it meritorious defense against the person or company that has entered judgment ngainst you. You may also file it petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. Aller the Shcrill's Sale, you may file it petition with the Court of Common Pleas of the within County to set aside the ode lift it grossly inadequate price or for other proper cause. This petition MUST UE FILED 11EF'01UB.'I'lIF SIIERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 1)I Vilt Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17013 (717) 737-3405 Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in the Township of South Middleton, county of Cumberland and commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit, BEGINNING at a steal pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjainer o! Lats #1 and #2 on the hereinafter mentioned plan with the centerline of said roadway: thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 168 51- 25- W), for a distance of one hundred sixty-live and eighty-seven hundredths feet (165.87) to A steel pin At Lot #3J thence departing from the centerline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty_six minutes thirty seconds East (H 59. 46, 30- E), through a steel pin not an the easternmost dedicated right-ol-way line. of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29•) to a steel pin at Lot #4J thence extending along Lot #4, South six degrees six minutes live seconds East (S 60 6, 5- E) for a distance of two hundred forty-four and sixty-eight hundredths lest (244.68) to a steel pin at Lot #lj thence extending along Lot #1, South seventy-three degrees eight minutes thirty-five seconds West (S 734 81 35^ W), through a steel pin not on the easternmost dedicated right-c!-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00•) from the terminus of this call, for a total distance of two hundred ¦ixty_saven and ninety hundredths feet (267.90) to a steel pin not in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 11219 acres to the dedicated right-cf-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimma, Inc by Rodney Lee Decker i Associates, dated October 29, 1966, and recorded in the office of the Recorder of Deeds in and for Cumberland county, Pennsylvania, in Plan Book 52, at page 20. BEING TSE SAME PREMISES which Rick L. Hoffman, Record owner and John W. Terry, Jr., Equity Owner, by Deed bearing date the 4th day of August, 1993, and retarded in the office of the Recorder of Deeds for Cumberland county, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John. W. Terry, Jr. and Karen S. Booze. i ;, , PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CML PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on dte land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Tent', Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 (S 114,723.44), plus interest at the rate of Twenty One and 221100 Dollars (S 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boose. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BEHELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleats of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court r ' and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: I t l?y`( By: /M-.Ledebohn, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17013 (717) 737-3405 Attorney for Plaintiff k? x x' F J ?4-tl .." i N Y'k t??S v rill. 9 ,n *w A:-'" T=AT CE.3TUN t=act Of land Pan?.sylvin t aDa?s ?'? of south Middleton Cu:Sarlard and ct"manwealth , caua.y of d•sc=ibed as follows, to wits arly boS 'e particularly bounded sad BEG:NN:NG at a steel pia sat it the c•rta_liaa Of Per.,ayla _. he?alnsaid Pin ca=king the co?or. Pair: of adjoiaar of Lotvsaia±t a -nd i2c Routs 94 aart_aned plan wit.h the e _ , ar the (L•R. art through the ear.:erllna of vaaialAeu:e of 2&4 roadwa;+i th•ae• •:ctsadiaS is c six lautss tvert PerriY , North s-xt•er degrees fifty - Y thanes t departing !X--= ¦aeonds West (N 15. 51' 2e. H five and a ;h-y.saver. hurdradths fast (165.87) to a a__ a dsteel a of are hundred pin at E Lot 3, ), th-_ocaath fifty aire the dag-e•:lfo•ty-s xnaiautes a Route 94a..d extending` -one along g_ a steer pia sat ea the costa=rtes: dedicatedYrseeards East (N 590 46' 30• Psa.-.sylvaria Route 94 a distance of thirty and eighty-tlreeghurdredthsltes of frac the origin of this call, for a total distance of threLot e hurd=-ed •' (]0.83') two.-tine hundredths feet (322.29) to a steel pia thence extends gad along Lot i4, South six degrees six altar five at ?4t thence 5" X) tag distance of two hundrad f es seconds East (s 6. 24 g• _ steels a: Let O1; thence extirdiard s^xty-eight hundredths fact (244.56E) !o as steels thirty-fi+s seco, S g3a--..g Lct 41, Scuthseverty-these degrees eight aastar,scs: dedicated rind -We wa(, • 81 35•' N), through a steal pin set ca the 1a• of Pennsylva i thirty and .-.o hundredths fee% (30.007) f a tar, a Routs 9:, a ditto rea to distance of two huad_-ad sixtyJ f=ON 'he to irus of this 6711 fat a1 pin set 1a :h savor. and ninety hundred:h , a tot the ur:e=liae of ?eaasylvarie Aou:a 44 s ee: (257.90 ) to a stool BEG=:.V:NG. , said pia narking the place of cou-A--N:NG 11219 a6raa to the dedicated -i-h: ear:e=line of the -oadway, and b•i.g • -c.-way lire and 1.336 ac=es su:dirisicr -e: + for , designated as Lo: 02 ca a final to the F 29, - ..are- 1C:no b:• Roda a plat et e= 1986, and =ecordad is =.,- Y La• Decker c a saoc i a:ss, da rsed October cauaty, Perrsyivaria, it ?te 3Cc_ok _e2, a. at the page Recorder of a Deeds it and for ct_-=etla=d . BE= TEE 5:-= ?;gv:SES wui-h + ET4ity 0%=4r, - ==k L. Ecffaaa, Record c,_-nor sad Jahr w. Ta_,! . r _ office of by Dead hearing date that 4th day of augur:, 1993, sad =aaord rr the Recorder of Deeds or C_;=erlard county ? ad is the augast, 1993, is Deed Hoek L-3= l ?erasY-varia, ea the 11th of page 65' d=, Lad Eater S. ac=eq. ?? ., granted and gavyed Unto Jcha H. Terry C?: ..rte -.... ?•n -^ j 7 7 . PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6216 CIVIL ACTION - LAW : MORTGAGE FORECLOSURE WAIVER OF WATCHMAN ?t• vt,; cn •J .n A1I "6 - ii i Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: ??,'?r!J'a?? By: /"'0" M. Ledebohm, Esquire Supreme Court ID 559012 2109 Market Street Camp Hill, PA 17011 (717) 737.3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, Plaintiff V. JOHN W. TERRY, JR. AND KAREN S. GOOSE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENVSYT,YANIL C w NO. NO.99-6216 CIVIL ACTION - LAW MORTGAGE FORECLOSURE WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 11) 3J /Q?( By: ?,JJL KaA M. Ledebohm, Esquire Supreme Court ID 1159012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff I'1 PNC BANK, NATIONAL ASSOCIATION,: IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE ASSIGNMENT OF JUDGMENT FOR VALUE RECEIVED, the undersigned PNC BANK, N.A., does hereby grant, bargain, sell, convey, transfer, assign and make over unto LAND HOLDING, INC., its successors and assigns, any and all right, title and interest it may have in and to a certain judgment recovered by PNC Bank, N.A. in the Court of Common Pleas for Cumberland County, Pennsylvania to docket number 99-6216 against John W. Terry, Jr. and Karen S. Boose, for the sum of One Hundred Fourteen Thousand Seven Hundred Twenty- Three and 44/100 Dollars ($114,723.44), together with interest and costs of suit and for foreclosure and sale of the mortgaged property; and together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own and their own use. I further authorize and empower the prothonotary or any attorney on behalf of the assignee to mark the judgment to the assignee's use. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed in its name by its duly authorized officer, on the is 'r'"' day of Cib e....., . 2000. (T1Z&1Q11)11. /c, 1*?&e?, PNC BANK, NATIONAL ASSOCIATION By:_ t ?%? Eric D. Krimmcl Assistant Vice President 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the a day of &t'L , 2000, before me, the undersigned officer, personally appeared Eric D. Krimmel, who acknowledge himself to be an Assistant Vice President of PNC Bank, National Association, and that he, as such officer, being authorized to do so, executed the within instrument on behalf of such Bank for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official scat. AL) Nota Public My Commission Expires: MOM ftnnnsylvaa a W ,. ?,; «? r ??,? ? , ,? <, ??. . °-'' , I 7?-J ., G"1 t% .. .. CJ ? ?' ? ; i ?i7 ? ,,al:. h :? .-y a • r (1 ?. ,.. s. PNC Bank National Association .vs. John W. Terry Jr. and Karen S. Boose In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99-6216 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Certified Mail Levy Postpone Sale Surcharge Share of Bills Law Journal Patriot News 30.00 18.63 15.00 15.00 .50 1.00 6.82 1.95 15.00 40.00 24.00 25.08 442.10 315.19 $ 950.27 Pd By Atty 05/23/00 So answers Sworn and subscribed to before me This _4 - day of 14 2000. A.D. 0/0 Pr th notary R. Thomas Kline, Sheriff BY Real Estate Deputy UZ, 18 011 1a,val PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 JOHN W. TERRY, JR. AND ; CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information conceming the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record; The First Bank and Trust Company, a PNC Bank 4242 Carlisle Pike Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: None .F01 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted Date: 17i Nq? SAIDIS, SHUjr F & MASLAND Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 1, 2000 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($ 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boose. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you PROMPTLY. wish to exercise your rights, YOU MUST ACT . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1.800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE; 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding must be se ed on the attorney for thecreditor it o o or on the Pcredi or before t presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 11? Igy By: 4?O)AL M. Ledebohm, Esquire Supreme Court 1D #59012 2109 Market Street Camp Hill, PA 17013 (717) 737-3405 Attorney for Plaintiff '•A:.L THAT CERTAIN tract a1 land situate in the Township of South Middleton Cumberland and commcnwealth of Pennsylvania, being more particularly bounded and described as follows, to wit, . County of BEGINNING at A steel pin set in the centerline said pin marking the common of Pennsylvania Traffic Route 94 hereinafter point of adjoiner of Lots+1 the arelnatter mentioned plan with the centerline Of + (L•R. and through the centerline c,- Pennsylvania Route 94,_d rix;teetn hand i2 ence an ext thendin7-a minutes twenty-five seconds West (N 16' 51' 2g• W North six; six degrees tyin no ¦ixty-live and eighty-seven hundredths feet 5(165.67 to a at@*! at Lot 0 W) to a stance of one hundred thence departing from the ce.-.terline of Pennsylvania) Route 94, andiextending0along Lot 03, North fifty-nine degrees forty-six minutes thirty seconds East (N 59' 46' 30• E), through a steel pin set an the easternmost dedicated right-af-way lira 90 Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot 04; thence extending along Lot 04, South six degrees six minutes five seconds East (S 60 61 5^ distance of two hundred forty-tour and sixty-eight hundredths feet (244.68 steal in at E) for a pin Lot 01; thence extending along Lot O1, South seventy-three degrees eight minutes thirty-five ty-five0 seconds West (S 73' 8- 35•' W), through a steel pin set an the easternmos thirty and no dicatedthagteec 30100 .e.of Pen-1sYLvania Route 94, a distance of distance of two hundred sixty-saven and ninety terminus of this call, for a total pin set in the centerline of 1, _, Y h94, said said a test (267.90) to a stool BEGINNING. PO-1aaY_ra.._a Route 94, s pin marki-1 the F-ass of g CGNTAINine 1, of 1,219 auras to the dedicated right-e!-way 11-10 and 1.336 acres to the subdiv sio the roadway, a' . bei-1g designated as Lot 02 an a final plat or minor 29, 19a6, reccr?edoi-1£thsaolflc b•` Rodney Lae Docker i Associates, dared cctobar County, Pernsylvania, in ?Is.-. Bcokc52c+ at Recorder of Deeds in. and for Cu-erla:d page 20. BEING THE SA.= PZ;;{:SES which Rick L. Ec!fman, Record Owner and John W. Terry, Jr. Equity owner, by Deed bearing data the 4th day of _ office o! the Recorder of Deeds for CUrb arland county,aPennsylvania,ranothe 11thtof August, 1993, in Dead Book L-36, Page 661, grsrted and conveyed unto John W. Terry, Jr. and Karen S. Boase. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6216 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION • LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC Bank, National Association PLAINTIFF(S) from John N. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners PA 17324. DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell Real estate located at 915 Baltimore Pike, Gardners PA 17324. (See attached legal description.) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) Is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) 11propertyof lhadelendanl(s) not levied upon an subject to attachment Is found In the possession of anyone other than a named garnishee, you are directed to notify hinvher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,723.44 L.L. _ $.50 Interest ) 10/7/99 @ $21.22 per diom_ Due Prothy $1.00 Atty's Comm % Other Costs Affy Paid $117.58 Plaintiff Paid Date: December 14, 1999 _`_ by: REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2198 Market St. Camp Hill PA Attorney for Plaintiff Telephone: (717) 737-3405 Supreme Court ID No. 59012 17011 CURTIS Civil Division Deputy REAL ESTATE SALE Na. S'd Un L&tt,-v ? 41A, 1955 the sl cri ; !av!ed upon Clo dYwmdar;is, interest in tho real property slluatad Cumberland County, Pa., knovn rurrnaared cis: ?L?f? and maro ru!! c s^rii}r: on Exhibit ''A" tiied 4•rith this writ and by th!s rotaron; incorpirated herein. Date: k"L' g4a By$ 41d f6, Il" j.z B LI "0 HIV PROOF OF PUBLICATION OF NOTICE. IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger 111. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and Slate aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 21, 28, FEBRUARY 4, 2000 Affianl further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that lie is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication arc true. REAL. ESTATE BALE NO. 50 Will No. 99.6210 Civil PNC Bank, National Association vs. John W. Terry, Jr. and Karen S. noose Ally.; Karl M. Ledeb of m ALL MAT CERTAIN tract of land slluate In the Townshlp of South Middleton, county or Cumberland and Conunonwealth of pennsylvanla, being more particularly bounded and described as follows, to w11: BEGINNING at a steel pill set it, tie centerline of Pennsyhania Traffic Route B41LJL 3421, said pin marking Tile comulon point of adjol er of Lots N1 and s2 on the hereinafter men- Cloned plan with the centerline of said roadway; thence extending in 211 Ro cr M. Morgcntlbal, Editor SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY. 2000 lolb F. SNYDER, Notary hbk Codilh born, Cambrriond County, PA MY Con,MIS&W Exbrres Mor<h S, 2001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW.iOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to taw, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and delignatcd by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 21, 28, FEBRUARY 4.1000 Affbant ixther deposes that lie is authorized to verify this statement by the Cumberland Law Journal, legal periodical of general circulation, and that lie is not interested in the subject matter r A the aforesaid notice or advertisement, and that all allegations in the foregoing r:atcmcnts -is to time, place and character of publication arc true. RPAL ESTATE 9ArZ NO. 60 Witt No. 99-62 16 Civil PNC Bank. National Association VS. John W. Terry. Jr. and Karen S. Boose Atty.: Karl M. Ledebohm ALL THAT CERTAIN tract of land situate in the Townshlp of south Middleton. County of Cumberhvhd and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set lit to centerline of Pennsylvanla Traffic Route 64 (4R. 342). said pin marking the common point of adjoiner of Lots 11 and 12 on the hereinafter men. Uoned plan with the centerline of said roadway: thence extending in and through file centerline orPenn- aylhallll 141111r 9-1. Moth 11]Irr11 dr- grees filly one utumirs lwrufy lnr srt•nndv R'rst IN Ili" ri I' 2a" 119, for it thinner or nor huud.... i .1...•. n... z---_ Ro er M. Morgentlial, Editor SWORN TO AND SUBSCRIBED before me this 4 day of FEBRUARY. 2000 1016 E. SNYDER. Notary Pu6k Codith Soto, Cumberland County, PA My Commirvon E%plrnr /torch 5, 2001 (165.57) toa steel pin at Lot 03; thence departing from the centerline of Pennsylvania Route 04. and extend. Ing along Lot 103. North nay-mne de- grees forty-sue minutes thirty sec- ends East IN 59.45 30' E), through a steel pin set on the easternmost dedicated right-of-way line of Penn. sylvanla Route 04 a distance of thirty and eighty-three hundredths feet (30.531 from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hun- dredths feel (322.297 to a steel pits at Lot 014; thence extending along Wl 04. South sue degrees sur nunulca live seconds East IS W 6' 5" E) for a dis- tance of two hundred forty-four and surly-eight hundredths feel (244.687 to a steel pin at Lot N 1; thence ex. tending along Lot N 1. South seventy. three degrees eight minutes thirty- flue seconds West IS 73. 5' 35' W). through a steel pin act on the east- ernmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feel (30.007 from the terminus of this call. for a total distance of two hun- dred sixty-seven and ninety hun- dredths feet (207.907 to a steel pin set in the centerline of Pennsylvania Route 94. said pin marking the place of BEGINNING. CONTAINING 1,210 acres to the dedicated right-of-way line and 1.336 acres to the centerilne of the road- way, and being designated as Lot 02 on a final plan or minor subdivision Lee eeDecker for Iambs, Inc. by & Associat s. dat?Oc- tober 29, 1990, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsyiva- nia, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman. Record Own- erandJohn W.Terry,Jr.. Equity Own- er. by Deed bearing date the 4th day of August, 1993, and recorded in the oMce of the Recorder of Deeds for Cumberland County. Pennsylvania, on the 1 I th of August. 1093. In Deed Book L•36. Page 601. granted and conveyed unto John %V.Terry. Jr. and Karen S. Boose. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Commonwealth of Pennsylvania, County of Dauphin) me Frank J. Epler being duly sworn according to taw, deposes and says: That he Is the Controller of THE PATRIOT-NEWS CO., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with Its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 41h, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto Is exactly as printed and published In their regular dally and/or Sunday and Metro editionsAssues which appeared on the 25th day of January and the let and 8th day(s) of February 2000. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded In the office for the Recording of Deeds in and for said County of Dauphin In Miscellaneous Book •M', Volume 14, Page 317. , ?--? Z.- PUBLICATION i ?f- / l COPY Sworn S A L E #50 ? Notarial Seat Tony L. Russell, Notary Public Harrisburg. DaupNn County My Cormessbn Expires June e. 2002 Member, PennsytvaNa Assoctatlon d Nob this 25th PUBLIC A.D. commission expires June 8, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 313.89 Probating same Notary Fee(s) $ 1.50 Total $ 315.19 Publisher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. 13Y ...................... I-- .. . PRAECIPE FOR WRIT OF EXECUTION -(MONEY JUDGMENTS) UI P.R.C.P. 3101 TO 3149 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND KAREN S. : AMOUNT DUE: 114,723.44 BOOSE, : INTEREST FROM OCTOBER 7, 1999 AT THE Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against John W. Terry, Jr. and Karen S. Boosc, 915 Baltimore Pike, Gardners, Pennsylvania 17324, Defendants; (3) and against the following Garnishees: N/A (4) and index this writ (a) against John W. Terry, Jr. and Karen S. Boosc, 915 Baltimore Pike, Gardners, Pennsylvania 17324; and (b) against N/A Gamishee(s). as a lis pendens against the real property of the Defendants more particularly set forth and described as follows: that certain tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324 and as more particularly set forth and described on Exhibit A attached hereto and made part hereof. (5) Exemption has (not) been waived. Respectfully submitted, SAIDIS, SNUFF & MASLAND Date ' CSI ail /oo By: , Karl M. Lcdebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp l till, PA 17011 (717) 737-3405 Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and #2 on the hereinafter mentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Rout 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 16° 51' 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot #3; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-six minutes thirty seconds East (N59° 46' 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83') from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29') to a steel pin at Lot #4; thence extending along Lot #4, South six degrees six minutes five seconds East (S 6° 6' 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68') to a steel pin at Lot # l; thence extending along Lot #1, South seventy-three degrees eight minutes thirty-five seconds West (S 73° 8' 35" W), through a steel pin set on the easternmost dedicated right-of- way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00') from the terminus of this call, for a total distance of two hundred sixty- seven and ninety hundredths feet (267.90') to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker & Associates, dated October 29, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Deed bearing date the 4'h day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 1 I'h of August 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boose. HAVING thereon erected a single family detached dwelling known as 915 Baltimore Pike. Gardners. PA 17324. W0 ? V C 1 U Oo r 4*6 C I&R PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : NO. 99-6216 : CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Pmecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of everyjudgment creditor (other than the Plaintiff herein) whosejudgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None ..1 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Dank, National Association, verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted SAIDIS, SHUFF & MASLAND ? -, - PI-) ?? Date: /0 ?/ U? By: kilt"'I'll I M. Ledebohm, Esquire ?uprcme Court ID #59012 2109 Market Street Camp I-fill, PA 17011 (717) 737-3405 Attorney for Plaintiff' N i L s ? . ? 777 Zn. ? k _ l,.i O V 1 ? y + , L r. T 'Y tP ny? F s a N yyy t y??, ?? u rr.. -ww..., ..-... ...... ... ?.a.? ? .?..•.. ir. .,. ?...y..x ?. .TY I??PYtMI? PNC BANK, NATIONAL ASSOCIATION, : IN 'fHE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 7, 2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($ 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. THE. NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boose. A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive pan of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgnges and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE. OF THE TIME. AND PLACE OF THE, SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE. THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249.3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you arc aware of a legal defect in the obligation or the procedure used against you. 2. Auer the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before u presentation to the Court. A copy of the Writ of Execution is attached hereto. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: ?v13?/gyp By: E-) U-)? I f 1 M. de hm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17013 (717) 737-3405 Attorney for Plaintiff r"? ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and #2 on the hereinafter mentioned plan with the ccnterline of said roadway; thence extending in and through the centerline of Pennsylvania Rout 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 16" 51' 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot #3; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot 43, North fifty-nine degrees forty-six minutes thirty seconds East (N59" 46' 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83') from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29') to a steel pin at Lot #4; thence extending along Lot #4, South six degrees six minutes five seconds East (S 6" 6' 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68') to a steel pin at Lot #1; thence extending along Lot #l, South seventy-three degrees eight minutes thirty-five seconds West (S 73" 8' 35" W), through a steel pin set on the easternmost dedicated right-of- way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00') from the terminus of this call, for a total distance of two hundred sixty- seven and ninety hundredths feet (267.90') to a steel pin set in the ccnterline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker & Associates, dated October 29, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Deed bearing date the 4m day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 11's of August 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boose. HAVING thereon erected a single family detached dwelling known as 915 Baltimore Pike, Gardners, PA 17324. 4',: . ~ C3 ! ??7 ZL r _ C J (z) PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 l JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants CIVIL ACTION - LAW MORTGAGE FORECLOSURE WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within Writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 11) 131 ?O d By. K I M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737.3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN W. TERRY, JR. AND KAREN S. BOOSE, Defendants : NO. 99-6216 : CIVIL ACTION-LAW : MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 20th day of November, 2000, 1, Karl M. Ledebohm, Esquire, of the fine of SAIDIS, SHUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Lienholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing are attached hereto and marked as Exhibit "A". PNC Bank, National Association 4242 Carlisle Pike Camp Hill, PA 17011 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, SAIDIS, SHUFF, FLOWER& LINDSAY By: arl Ledebohm, Esquire Supreme Court ID 459012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff RacNvad From; 1144. Saidis Shuff & ? 2109 Market Street !,? r 11) CD d 0" obey of ordhuy mail addroaud to: , t t I1 ?,1» Ps Form 3817. Mrar. 1988 POSTAL MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Mcai ad Flom: Saidis, Shuff & Masland I ?' a 41 vd MttrKel ree Camp Hill, PA !7611 - ?i OM Plada of ordinary mad addraawd to: - t\ Cl PS Form 3817. Mo. 1888 t_ XI\I??t+ I-? i!1: rt Ib. '- r: a?y•. ? \ • ? t j ilcA 'icL c c ? j .. PNC Bank, National Association VS John W. Terry, Jr. and Karen S. Boose In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-6216 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriff's Costs: Docketing 30.00 Poundage 19,59 Posting Bills 15.00 Advertising 15.00 Law Library County 1.00 Mileage 12.40 Levy 15.00 Certified Mail 2.78 Surcharge 30.00 Postpone Sale 40.00 Patriot News 337.65 Law Journal 456.05 Share of Bills 25.53 $ 1000.00 Sworn and subscribed to before me This L= dayof ?... 2001, A.D. Prothonotary paid by attorney 6.5-01 So an. of R. Thomas Kline, Sheriff BY4 Dcput Shcri(f 0)- 31i -7`f f'w.. 11.2 a^43 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of everyjudgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None • h • .1 1 _ .. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Karl M. Ledebohm, Esquire, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject'to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully submitted SAIDIS, SHUFF & MASLAND Date: l 7 / GJ By: /? - ?1 } E ?„? ` Q C Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6216 JOHN W. TERRY, JR. AND CIVIL ACTION - LAW KAREN S. BOOSE, Defendants MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 7, 2001 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Tent', Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($ 21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs and expenses, and attorney's fees, and for foreclosure and sale of the mortgaged property. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boose . Y . A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990.9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court r , and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administratoes Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: / dl;/lCo Respectfully submitted, SAIDIS, SHUFF & MASLAND By: I M. R-)fedebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17013 (717) 737-3405 Attorney for Plaintiff ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots #1 and 92 on the hereinafter mentioned plan with the centerline of said roadway: l;tence extending in and through the centerline of Pennsylvania Rout 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 16° 51' 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot #3; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-six minutes thirty seconds East (N59° 46' 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83') from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundreds:.,. feet (322.29') to a steel pin at Lot #4; thence extending along Lot 94, South six degrees six minutes five seconds East (S 6° 6' 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68') to a steel pin at Lot #1; thence extending along Lot #l, South Seventy-three degrees eight minutes thirty-five seconds West (S 73° 8' 35" W), through a steel pin set on the easternmost dedicated right-of- way line of Pennsylvania Rcute 94, a distance of thirty and no hundredths feet (30.00') from the terminus of this call, for a total distance of two hundred sixty- seven and ninety hundredths feet (267.90') to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker & Associates, dated October 29, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Deed bearing date the 4m day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 110' of August 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boose. HAVING thereon erected a single family detached dwelling known as 915 Baltimore Pike. Gardners, PA 17324. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6216 CIVIL 19 _ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC Bank, National Association PLAINTIFF(S) from John W. Terry, Jr. and Karen S. Boose, 915 Baltimore Pike, Gardners PA 17324 DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell Real estate located at 915 Baltimore Pike, Gardners PA 17324. (See attached legal deaciiption.) (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been Issued; (b) the garnishee(s) istare enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levieduponan subject to attachment Isfound In the possession of anyoneother than a named garnishee, you are directed to notify hirwhe r that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,723.44 L.L. Interest 10/7/99 @ $21.22 per day Due Prothy $1.00 Atty's Comm °/G Other Costs Ally Paid $1080.35 Plaintiff Paid Date: November 3, 2000 REQUESTING PARTY: Name Karl M. Ledebohm, Esq. Address: 2109 Market St. Attorney for: Camp Hill PA 17011 Plaintiff CURTIS R. LONG Prot/h/hono/ll ry, Civil Division by. l( T7 1P 4A)(,n d-. Deputy Telephone:( 717) 737-3405 Supreme Court ID No. 59012 REM. r..VATF SALE Mmy the sheriff levied upon the defendan?r Interest in the real property situated ins Cumberland County, Pa., known 1.nd numbered as: S 4? b?aarinre,? and more ful on Exhibit "A" filed wit; this writ and by this reiculo . herein. ??fc O c;M i r, PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. BOOSE, Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Pursuant to Rule 3256, kindly issue Writ of Execution in the above matter: Amount due Interest from October 7, 1999 Costs S 114,723.44 S 21.22 per diem to be added & LINDSAY Date: March 9, 2004 By: Matthew J. Es ielman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff In r M L n M1y. 1 15 rL S :.? _71 VVV \? a ? G JJ WRIT OF E\ECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-6216 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, (NOW, BY ASSIGNMENT, P.L.E. MONEY PURCHASE PENSION PLAN), Plaintiff (s) From JOAN W. TERRY, JR., AND KAREN S. BOOSF., DEFENDANTS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNiSIIEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subjec! to attachment is found in the possession of anyone other than a named garnishee, you arc directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due S114,723A4 L.L. Interest FROM 1017/99 - 521.22 PER DIEM Atty's Comm % Due Prothy $1.00 Any Paid $2095.35 Other Costs Plaintiff Paid Date: MARCH 9, 2004 CURTIS R. LONG Prothonotary - (Seal) By ? Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 PNC BANK, NATIONAL ASSOCIATION, (now, by assignment, P.L.E. Money Purchase Pension Plan), Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6216 JOHN W. TERRY, JR., and : CIVIL ACTION - LAW KAREN S. BOOSE, Defendants : MORTGAGE FORECLOSURE RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 9`h day of March, 2004, 1, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SNUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, (now, by assignment, P.L.E. Money Purchase Pension Plan), Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Licnholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envclopes'bearing my return address. Copies of these certificates of mailing arc attached hereto and marked as Exhibit "A". John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, 11, LLC Cumberland County Domestic Relations 77 Main Street 13 N. Hanover Street Andover, MA 01810 Carlisle, PA 17013 Cumberland County Tax Claim Bureau PNC Bank, National Association Cumberland County Courthouse 4242 Carlisle Pike One Courthouse Square Camp Hill, PA 17011 Carlisle, PA 17013 SAIDIS.ISIIUFIFJ FLOWER & LINDSAY Matthew J. 'EAielman, Esquire Supreme Court ID H72655 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorneys for Plaintiff N 0.5 POSTAL SERVICE CERTIFICATE OF MAILING MAY RF USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER -? R.c.,,.d Flom. Saidis, Shuff, Flower & Lindsay 21 U9 ar et treet Cam"itl, PA-1701l- OM pK. of rdmuy m.A .ogyu.o lo' S -? PS Form 3817, Mar. 1989 TA FII CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R.Ce1 Saidi&rhuff, Flower-&-L4ndsay 2109 Market Street Camp Hill, PA 17011 One p.c a ,a.n.rY mad 11, ro: f PS Form 3817, Mar. 1989 P TA SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Ranv.d hom: Saidis, Shuff, Flower & Lindsay 2109 Market Street Hlll, PA-tt011- Om p.ce of oro.wr, .d odd r, d lo: J n J:0(. l l r A ' j?e PS Form 3817. Mar. 1989 °1-0 U7 O m 111 II •r.rrrrrrrrrr I•t ? j • a • ? Vi'i' ';, • , v N1 lull .0 O ail o v ? Illil m l 111 l? Fr.?Ar.rrrrr• = I lit N .D O E mr 111 . u..ur? Exhibit "A" (Page 1 of 2) { U.S POSTAL SERVICE CERTIFICATE OF MAILJjG MAY OE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER R.r.,..dFrSaidis, Shuff, Flower & Lindsay 21-09-MM-Street Gamp-Hill; PA-1781-1- One 1•eCe o ry mail eddrnsad to. 17, D PS Form 3817, Mar. 1989 POSTAL SERVICE CERTIFICATE OF MAILING . VS. MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receivedliidis, Shufff, Flower & Lindsay --2109-Market-Stree1 -- ---Gamp Mfll _PAA?8 4_ One piece of ordmary mail eddreuad to: /Lrill?aC?ii f ?I.LnT E 7T r// c PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIUNAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received F,6aidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 One p,s a of oidmarV most add, , ad to PS Form 3817, Mar. 1989 Exhibit "A" i r •ti` r: ? k E-a t .J •++•rerrlr•rre ? 1r u p?F:r.ww.E"F i rte.. PIY? v TJ o ? a ?II ril 77f?11 •oYea RRe ORrH W f?- :Irr,? ,fE }T .r Yrl it R rF 40 A0 (Page 2 of 2) LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wits BEGINNING at a steel pin not in the contorline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoiner of Lots 11 and 42 on the hereinafter mentioned plan with the centorline of said roadway; thence extending in and through the contorline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-fivo seconds Went (17 160 51- 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot 03; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot 43, North fifty-nine degrees forty-six minutes thirty seconds East (N 590 46, 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of thin call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot Y4, south six degrees six minutes five seconds East (S 60 61 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.680) to a steel pin at Lot #1; thence extending along Lot N1, South soventy-three degrees eight minutes thirty-five seconds West (S 730 81 35" W), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred Bixty-seven and ninety hundredths fast (267.90) to a steel pin eat in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot A2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker 6 Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Dead bearing date the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland county, Pennsylvania, on the 11th of August, 1993, in Dead Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boone. PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLANDCOUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Pmecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 NO. 99-6216 : CIVILACTION-LAW : MORTGAGE FORECLOSURE Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff hcrcin) whose judgment is a record lien on the real property to be sold: All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 1, Matthew J. Eshelman, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. Respectfully U Date: March 9, 2004 & LINDSAY Matthew J. Eshelman, Esquire ID 072655 2109 Market rect, Camp Hill, PA 17011 (717)737.3405 (fax) 737-3407 Attorneys for Plaintiff u o F 1 _' G r Q i N U i? ii: L PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. BOOSE, Defendants RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) NOTICE OF SHERIFF'S SALE. OF REAL ESTATE. PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE: Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Junc 9, 2004 TIME: 10:00 a.m. .,3 LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boosc, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 (5114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: John W. Terry, Jr. and Karen S. Boosc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE. OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE. THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have u meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the sane Court if you arc aware of a legal defect in the obligation or the procedure used against you. 2. Aber the Sherifrs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED 1S DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDI & LINDSAY Date; March 9, 2004 try: ? '• Matthew J. Eshelman, Esquire ID 472655 2109 Market Street, Camp hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff IMAL DFsmny ION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit, BEGINNING at a steel pin set in the centerline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoinor of Lots 41 and 42 on the hereinafter mentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-ono minutes twenty-five seconds went (N 160 511 25• W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot 43; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot 43, North fifty-nine degrees forty-six minutes thirty seconds East (N 590 46, 30^ E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot 44; thence extending along Lot 44, South six degrees six minutes five neconds East (S 60 61 5^ E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68) to a steel pin at Lot 41; thence extending along Lot 41, South seventy-three degrees eight minutes thirty-five seconds West (S 730 81 3511 W), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90) to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot 42 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker a Associates, dated October 29, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAlH4 PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Deed bearing data the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karon S. Booso. ?- cir, cn CD CL. NS LL 0 y N (? . .: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE. FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF MAY 1, 2000, AMONG FINANCIAL ASSET SECURITIES CORP., AS DEPOSITOR,' GREENWICH CAPITAL FINANCIAL ' PRODUCTS, INC., AS AS SELLER, LITTON LOAN SERVICING LP, AS SERVICER, AND US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SOUNDVIEW HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2000-1 Plaintiff, V. MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN No. 00-3476-CIVIL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $96,020.81 Interest from 7/21/00 to JUNE 9, 2004 (per diem -$15.78) TOTAL 522,407.60 and Costs S 118,428.41 FRANK FEDERMAN, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of propcrty.No. z w wd ? ? a°' ?UQ vii' ??Ow? d 0 o°o°aaauoa? zo U ? a?3°N„ 00 OWgoou .4 QUE w oa w PEI< 404Z .0 ?I po? EA U V 6 ZfrSvzNi w d??C?",.waUCay?p?CQ h 1nUaOwpCOa U a a a d 0 0 6 w° r 0 t. 0 6 M M O O nn wa as rn y UUW HH 00 dd as h? n ?+ CO 11 ?_. ? .i7 ?1 1'11 II ':: 3rd ?n N '$ a r? ALL THAT CERTAIN lot of ground with the improvements thereon erected Situate in Carlisle Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the Northeast corner of lot formerly of Fillmore Mause, on North Hanover Street; thence in a Northeasterly direction along said North Hanover Street, 75 feet 10 inches to lot now or formerly of Lawrence L. Shenk and Marjorie L. Shenk, his wife; thence in a Southeasterly direction along said last mentioned lot, 150 feet; thence in a Northeasterly direction along same, 9 feet; thence in a Southeasterly direction along same, 53 feet to a public alley; thence along said alley in a Southwesterly direction, 103 feet to lot now or formerly of Mrs. Mowery; thence in a Northwesterly direction along said lot and other lots fronting on McBride Avenue, and said lot now or formerly of Fillmore Maust, 220 feet to North Hanover Street, the place of the beginning, and known as 517 North Hanover Street, Carlisle, Pennsylvania. Together with any improvements thereon erected, being known as 517 North Hanover Street, Carlisle, Pa 17013 Rasmussen, married woman by Deed from Raymond E. Diehl and Genevieve A. Diehl, husband and wi adated 6/30/98, recorded 7/17/98, in Deed Book 181, Page 706. Tax Parcel N 02-20-1800-075 ul L l _?r} O o °.n , n J N V U L'.) I _ `9 cr k? .g lr? ` ` ?= V-f Loa C \- ? -O M W M WRIT OF EXECU'r10N and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-3476 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER TH POOLING AND SERVCING AGREEMENT, DATED AS OF 511100, AMONG FINANCIAL ASSET SECURITIES CORP., AS DEPOSITOR, GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., AS A SELLER, LITTON LOAN SERVICING LI', AS SERVICER, AND US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SOUNDVIBW HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIFS 2000.1 Plaintiff (s) From MALINDA S. MEEIIAN Uk/a MALINDA S. RAS •IUSSEN and CHARLES MEEHAN, 519 HAMILTON ST., CARLISLE PA 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 517 NORTH HANOVER ST., CARLISLE PA 17013 (SEE LEGALDESCRIPTION). (2) You are also directed to attach the property of dte defendant(s) not levied upon in the possession of GARNISHEE(S) as follo%vs: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in die possession of anyone other than a named garnishee, you arc directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $96,020.81 L.L. Interest 7/21/00 TO 6/9/04 Qa $15.78 per dlens . $22,407.60 Ally's Comm % Due Prothy 51.00 Any Paid S2,149.53 Other Costs Plaintiff Paid Date: MARCH 10, 2004 CURTIS R. LONG Proth Lary (Seal) By: rte ty REQUESTING PARTY: Name FRANK FEDERMAN, ESQ. Address: ONE. PENN CENTER G SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215)563-7000 w.hi •r•" r, X,(23/2003 17:00 FAX 116 563 6601 FIDFRIIAN AND PHELAN IN TEZ UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE- Charks T. Meebau Bk. No. I 03-OS084•MBF LWX Charles Meduut Debtor Credit Based Asset Servicing nd SoarkLudon, LLC Movut V. Charles T. Methaa aWa Cbsdss Meebn Rapondrat Chapter No. 13 moot t FILED HARjPAR t i l US.C. 1362 DEC 24 Cl erk, U. S. s ©ankrupt?y Court AMtNDLD ORDER MODMrING 0362 AUTOMATIC STAY AND NOW, this pR(q day of 4 do .20030%04; upon motion of Credit Based Asst Servicing Lad SecarMlatka. LLC, (Movant), it is: WHEREAS Credit Based Asset Servicing and SteaddraNoa, LLC, (Mavard) filed a Motion to Dismiss purnunt to U.S.C. Section 1307 (e) and DOS on October 23, 2003 requesting that the debtor Charke T. Medun's bealnuphy, case be dismissed and a 180 Day Bar be entered against dw debtor and his spouse, Maliods Meehrt, and WH);REAS the Debtor bled an answer to the Motion on October 23, 2003, and WHEREAS the Court scheduled a hearing for December IS, 2003, and WHEREAS prior to the scheduled hawing, Crvdk Based Asset Servicing and SearFtintim LLC, (Moved). through It's arortoy's, Federman and Phelan, LLP. and debtor, though his amomey, lames Bach, Esquim agreed to settle the Motion through the entry of a Order grantor; relief gaht with a 180 Day Bar. Credit Based Asset Servicing Lai SecorklIINon, LLC, (Movant) agreed to notify the Court of this sgreematt at the December 15, 2003 hearing, and WHEREAS at the beuiu& the Court would not impose a 180 Day Bar to refilling against Debtor's spouse since site was not a party to on action. Rather, the court agreed to enter an in ran Order granting relief and providing Oat any bankupty }fled within the next 180 clays would not act to stay the scheduled Sheriffs Sale of the property, and WBEREA9 when the Order was entered, the dismissal language was not stricken and the barkuptcy was dismissed. NOW, THEREFORY as agreed to by tM parties, the Order enured December 11, 3003, dkmhft the bankraptry case of debtor Charles T. Meehaa Is hereby vacated; and It h farther ORDERED that the Aumutic Stay of all proccedingt, as provided under 1362 of the Bankruptcy Code 11 U.S.C. 4362 is modified with respect to purdsu 517 North Hanover Street, C"Usla, PA 17013, as more fally set forth In the legal description smsclted to said mortgage, as to allow th Credk Bend Auer SaTkirg and Secarldatlov, LLC, (Movm) to foreclose on its mortgage and allow th purchaser of said premises at Sharifl s Sale (a purd ase's aadgna) to talon any legal or coasassual action for enforcement of its right to posswafon of, or title to, said premises; and it Is ffuther `. 14/13/2003 1T:04 pAI 110 001 0001 FWMtXAN AND MUN 000! ORDURD that dte Movant is grated in rem =woo that any bobuptcy Mod wi to fie next 180 days w01 mt ad to stay the SheritPs Sale of the property. - A A. 1A U.S. Bat e' cc: Judith T.Rommo,Haquue ON Pan Cenw at Sub:ubm Salton, Suft 1400 PhikdeWda, PA 19103.1814 ChwW 1. Ddtc% A Esquire (TDUtoe) P.O. Box410 A,.n...1.b.... D. 1) %X a? 'o 4 4td LC ).c t ? i l t ^ N t ? FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE. 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF MAY 1, 2000, AMONG FINANCIAL ASSET SECURITIES CORP., AS DEPOSITOR, GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., AS AS SELLER, LITTON LOAN SERVICING LP, AS SERVICER, AND US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SOUNDVIEW HOME EQUITY LOAN ASSET- BACKED CERTIFICATES, SERIES 2000-1 Plaintiff, V. MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-3476-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage O non-owner occupied O vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff 5 N T J !s'i?.? ? ff { j'M t4f {t}'f < US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF MAY 1, 2000, AMONG FINANCIAL ASSET SECURITIES CORP., AS DEPOSITOR, GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., AS AS SELLER, LITTON LOAN SERVICING LP, AS SERVICER, AND IiS BANK NATIONAL ASSOCIATION, AS TRUSTEE, SOUNDVIEW HOME EQUITY LOAN ASSET. BACKED CERTIFICATES, SERIES 2000-1 V. Plaintiff, MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 00-3476-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) '?• -"•-•?•? 1.'.11 •r ¦? n 1 r a 011,1111'N 2uuu-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property located at, 517 NORTH HANOVFR STREET CARLISLE. PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 519 HAMILTON STREET CARLISLE, PA 17013 519 HAMILTON STREET CARLISLE, PA 17013 2. Name and address of Defendant(s) in tltc judgment: Some as above 3. Name and last known address of everyjudgmcnt creditor whose judgment is a record lien on the real property to be sold: Namc Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA POWER & LIGHT CO. CLINE'S PLUMBING & HEATING RAYMOND E. DIEHL & GENEVIEVE A. DIEHL 827 HAUSMAN ROAD ALENTOWN, PA 18104 2103 NEWVILLE ROAD CARLISLE, PA 17013 401 MYERS ROAD CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF CARLISLE 53 W. SOUTH STREET CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 517 NORTH HANOVER STREET CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge or information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. March 9.2004 ? 1 aakk,. 1\ n f'>t . DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff N Fr ' „ C7: O 1. 7:^ Cj =. rj 4 f„tf P F: N US BANK NATIONAL. ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF MAY 1, 2000, AMONG FINANCIAL. ASSET SECURITIES CORP., AS DEPOSITOR, GREENWICH CAPITAL FINANCIAL. PRODUCTS, INC., AS AS SELLER, LITTON LOAN SERVICING LP, AS SF.RVICER, AND US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SOUNDVIEW HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIFS 2000.1 Plaintiff, V. MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN CHARLES MEEHAN Defendant(s). CUMBERLAND COUNTY No. 00-3476-CIVIL. March 9, 2004 TO: MALINDA S. MEEHAN F/K/A MALINDA S. RASMUSSEN 519 IlA11i1L'FON STREET CARLISLE, PA 17013 CHARLES MEEHAN 519 HAMILTON STREET CARLISLE., PA 17013 • THI S FIRAf IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT ,4 DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.' Your house (real estate) al 517 NORTII HANOVER STREET, CARLISLE. PA 17013, 1. scheduled to be sold at the Shcrifrs Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 96$,020.81 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE. UNDER THE POOLING AND (the mortgagee) against you. In the event the sale is continued, an announcement will be made at sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (Sec notice on page two on how to obtain an attorney.) 1. If the Shcrifrs Sale is not slopped, your property will be sold to the highest bidder. You may rind out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) arc filed with the Sheriff within ten (10) days after the distribution is filed. r 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALI, TIIAT CERTAIN lot of ground with the improvcn?ents thereon erected Situate in Carlisle Borough, Cumberland County, Pennsylvania, bounilLd and dcscril)Ld as follows: BEGINNING at the Northeast corner of lot formerly of Fillmore Manse, on North Hanover Street; thence in a Northeasterly direction along said North Hanover Street, 75 feet 10 inches to lot now or formerly of Lawrence L. Shenk and Marjorie L. Shenk, his wife; thence in a Southeasterly direction along said last mentioned lot, 150 feet; thence in a Northeasterly direction along same, 9 feet; thcnce in a Southeasterly direction along same, 53 feet to a public alley; thence along said alley in a Southwesterly direction, 103 feet to lot now or formerly of Mrs. Mowery; thcnce in a Northwesterly direction along said lot and other lots fronting on McBride Avenue, and said lot now or formerly of Fillmore Maust, 220 feet to North Ilanovcr Street, the place of the beginning, and known as 517 North Hanover Street, Carlisle, Pennsylvania. Together with any improvements thereon erected, heing known as 517 North Hanover Street, Carlisle, Pa 17013 Rasmussen, married woman by Deed from Raymond E. Dichl and Genevieve A. Dichl, husband and w e ated 6/30/98, recorded 7/17/98, in Deed Book 181, Page 706. Tax Parcel A 02-20-1800.075 E '7b ?. w U N U hbA' 7.x PNC Bank et al In The Court of Common Pleas of VS Cumberland County, Pennsylvania John W. Teary, Jr. and Karen Writ No. 1999-6216 Civil Term S. Boosc R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Matthew Eshelman. Sheriffs Costs; Docketing 30.00 Poundage 19.56 Posting Ilandbills 15.00 Advertising 15.00 Low Library Prolhonolary 1.00 Levy 15.00 Mileage 13.80 Postpone Sale 20.00 Surcharge 30.00 Law Journal 423.50 Patriot News 405.58 Share of Bills 29.26 S 1017.70 Sworn and subscribed to before me This Jy ?- day of j jc - 2004, A.D. c e Prothonotary Ajns% Vs: .? R. Thomas Kline, Shcriff BY 41t Deputy e 0? l.'e C;rc_Y71 y0 PNC BANK, NATIONAL ASSOCIATION, (now, by assignment, P.L.E. Money Purchase Pension Plan), Plaintiff VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA NO. 99.6216 CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: None 5. Name and address of every other person who has any record lien on the property: None G. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Respectfully & LINDSAY Date: March 9, 2004 Matthew J. EsjWlman, Esquire ID N72655 2109 Market rect. Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff Z S AA PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. : AMOUNT DUE: S114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. BOOSE, Defendants : RATE OF 521.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TO: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE.: Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 That the Shedirs Sale of Real Property (real estate) will be held: DATE: June 9, 2004 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boose, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property arc: John W. Terry, Jr. and Karen S. Boose. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE. OF THE SALE. OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE, LEGAL ADVICE.. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you arc aware of a legal defect in the obligation or the procedure used against you. 2. Ater the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Plcas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. Date: March 9, 2004 Matthew J. Eshelman, Esquire By: ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff SA1DI , S 1 LONER & LINDSAY ? MGM DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin net in the conterline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoinor of Lots Al and 02 on the hereinafter mentioned plan with the centorline of said roadway; thence extending in and through the centorline of Pennsylvania Route 94, North sixteen degrees fifty-ono minutes twonty-five seconds west (N 160 51, 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot 93; thence departing from the centorline of Pennsylvania Route 94, and extending along Lot 13, North fifty-nine degrees forty-six minutes thirty Seconds East (N 590 461 30" E), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot $4, south six degrees six minutes five seconds East (S 60 61 5^ E) for a distance of two hundred forty-four and sixty-eight hundredths foot (244.68) to a steel pin at Lot tl; thence extending along Lot O1, south seventy-three degrees eight minutes thirty-five seconds West (S 730 81 35" W), through a steel pin net on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-riven and ninety hundredths foot (267.90) to a steel pin not in the conterline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centorline of the roadway, and being designated as Lot A2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Docker 6 Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Dead bearing data the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karon S. Boone. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99.6216 Civil CIVIL ACTION - LAW TO THE SHERIFF OF C1IRIDERLAND COUNTY: To satisfy the debt, interest and costs due PNC RANK. NATIONAL ASSOCIATION, (NOW, BY ASSIGNMENT, P.L.E. MONEY PURCHASE PENSION PLAN), Plaintiff (s) From JOHN W. TERRY, JR., AND KAREN S. UOOSE, DEFENDANTS (1) You arc directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You arc also directed to attach the propcrty of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If propcrty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hinAier that he/she has been added as a garnishee and is enjoined as above stated. Amount Duc S114,723.44 L.L. Interest FROM 10/7/99-$21.22 PER DIEM Atty's Comm % Due Prothy 51.00 Any Paid 5209535 Other Costs Plaintiff Paid Date: MARCH 9, 2004 CURTIS It. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name MATTHEW J. ESHELMAN, ESQUIRE Address: 2109MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 Real Estate Sale #79 On March 11, 2004 the sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 915 Baltimore Pike, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2004 By: Jc clc f ? E? Real EstatL? Deputy c, CTFU eta G GU* THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, Commonwealth of Pennsylvania, County of Dauphin) as Michael Morrow, being duly sworn according to law, deposes and says: That he Is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, In the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patrlot•News ands Sunday Patrlot•News newspapers of general circulation, printed and published at 812 to 818 Market Street, In the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published In their regular dally and/or Sunday/ Metro editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and statement on behalf of The Patriot-News Co. aforesaid by virtue and adopted severally by the stockholders and board of directors of the the office for the Recording of Deeds In and for said Count of Da Volume 14, Page 317, r r PUBLICATION .............6 COPY Swom to and SALE#79 N Terry L I Oty, Han Is duly authorized and empowered to verity this pursuant to a resolution unanimously passed and said Company and subsequently duly recorded In G?tin in Miscellaneous Book "M", 28th dpy of Mayt2004 A.D. PUBLIC commission expires June 8, 2008 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publ!shing the notice or publication attached hereto on the above stated dates 405.58 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patrlot•News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By .................................................................... v REAL ESTATE SALE Na 7e ' ; W4RN1K11NItle,, PNO X41 Odra Iwoo (now by ?PMIiMS,lSL.L Yong t plan) _ ?oiNR`Tw K?.nu i 'A WhenYff"mm r DESCRIPTION iA1LTIGTCORAINeM died deub b 94 7M* of Sao' hUd %& Cmq d d Caa6erind ud;: CosaonnUh o1• z Ps7hd4 bdY mmo pttladry booodd dbmAdabDne,bMC t . `F rfYTdI11Ye r5'rrl eh reS?L'+de ? At ?. 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PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : 33. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz• APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication arc true. REAL ESTATE BALE No. 79 Writ No. 1999.8218 Civil PNC Bank, National Association (now by assignment, P.L.E. Money Purchase Pension Plan) vs. John W. Terry. Jr. and Karen S. Boose Atty.: Matthew Eshelman LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton. County of Cumberland and Commonwealth of Pennsylva• nla, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin act in the centerane of Pennsylvania Traf• Ac Route 94 (L.R. 942), said pin mark- Ina the common point of adjoiner of Ines s1 and a9 nn the hereinafter ntenwatrd phut w71h the renlethtle of sold roadway; lbcncr cxIrnding In and through Ihr cenlrrllnr of Coyne, WORN 'f0 AND SUBSCRIBED before me this 30 day of APRIL 2004 LOIS E. SNYDER, Notary Public Cadisle Boro, Cumberland County My Commission Expires Mardi 5, 2005 degrees filly-one minutes twenty-five seconds West IN 160 51' 25` Vol, for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot 03; thence departing from the centerline of Pennsylvania Route 94, and ex- tending along Lot N3, North fifty- nine degrees forty-six minutes thirty seconds East IN 59. 46' 30• El. Through a steel pin set an the east- emmost dedicated right-of•way, line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30,83') from the origin of this call, for a total distance of three hun. dred twenty-two and twenty-nine hundredths feet (322.29') to a steel pin at Lot 114t thence extending along Lot ate slx degrees six min. uses Ave seconds East IS 60 6' 5` E) for a distance of two hundred forty. four and sixty-elght hundredths feet (244.88') to a steel pin at Lot 01; thence extending along Lot N 1, South seventy-three degrees eight minutes thirty-five seconds West IS 73. a- 35" W), through a steel pin set on the easlemmost dedicated right- of-way line of Pennsylvania Route 94, a distance of thirty and no hun- dredths feet (30.00') from the termi- nus of this caA, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90') to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAININO 1,219 acres to the j dedicated right-of-way line and 1.338 acres to the centerline of the roadway, and being designated as Lot 02 on a Anal plan or minor sub. division prepared for Kimba, Inc by Rodney Lee Decker & Associates, dated October 29, 1988, and re- corded In the OlAce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hallman. Record own. er and John W. Terry, Jr., Equity Owner, by Deed bearing date the 4th day of August, 1993. and record. ed In the o19ce of the Recorder of Deeds for Cumberland County, Penn• sylvanla, an the 11th of August, 1993. In Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boose. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7,1999 AT THE KAREN S. BOOSE, Defendants : RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To The Prothonotary: Pursuant to Rule 3256, kindly issue Writ of Execution in the above matter: Amount due Interest from October 7, 1999 Costs S 114,723.44 $ 21.22 per diem to be added UFFf. YLOWE17 & LINDSAY Date: October 29, 2004 Matth J. she an, Esquire ID #72655 2109 Market Str et, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff 0 N 0 c ` l_ "' 1 1 1 1 ( i ? l ? 1 Q ? 00 r9 rco?7 ?a43 `` mot c? J w ( PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants AMOUNT DUE: $114,723.44 INTEREST FROM OCTOBER 7, 1999, AT THE RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: P.L.E. Money Purchase Pension Plan 170 South Main Street, Suite 575 Salt Lakc City, UT 84101 01 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit arc true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. U Date: October 29, 2004 & LINDSAY MatthcW\J.'EshUrn*, Esquire ID #72655 2109 Market Street, Vamp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff Lr) CD LU N ^i c+ N Cl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-6216 Civil CIVIL ACTION - LA W TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION. (NOW, BY ASSIGNMENT, P.L.E. MONEY PURCHASE PENSION PLAN), Plaintiff (s) From JOHN W. TERRY, JR.. AND KAREN S. BOOSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himther that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,723.44 L.L. Interest FROM 10/7/99 - $21.22 PER DIEM Arty's Comm % Due Prothy $1.00 Arty Paid $3,133.05 Other Costs Plaintiff Paid Date: NOVEMBER 2, 2004 CURTIS R. LONG Protllonolary ^ (Seal) C e - By. /? ?/ Deputy REQUESTING PARTY: Name MATTHEW J. ESHLEMAN, ESQUIRE Address: SAIDIS, SNUFF, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. GOOSE, Defendants : RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) NOTICE OF SHERIFFS SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, 11, LLC 77 Main Street Andover, MA 01810 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE: P.L.E. Money Purchase Pension Plan 170 South Main Street, Suite 575 Salt Lakc City, UT 84101 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 That the Sheriffs Sale of Real Property (real estate) will be held: DATE: March 2, 2005 TIME: 10:00 a.m. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TILE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) TIIE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County lo: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boosc, No. 99-6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriff's Sale. THE NAMES OF THE. OWNERS OR REPUTED OWNERS of this property arc: John W. Terry, Jr. and Karen S. Boosc. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or govcmmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that arc owed taxes) will be filed by the Sheriff of this County thirty (30) days afer the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Picas of the within County at the Courthouse address specified herein. TII1S PAPER IS A NOTICE. OF THE TIME AND PLACE OF TILE SALE. OF YOUR IT HAS BEEN ISSUED BECAUSE. THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you arc aware or a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. r & INDSAY Date: October 29, 2004 Matthew J. EslrchWan Esquire ID H72655 2109 Market Street, mp Hill. PA 17011 (717) 737-3405 Wax) 737-3407 Attorneys for Plaintiff WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Clv. P., Rules 3180 to 3183 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants AMOUNT DUE: $114,723.44 INTEREST FROM OCTOBER 7, 1999, AT THE RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) WRIT OF EXECUTION (Mortgage Foreclosure - Rule 3257) Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County. Pursuant to Rule 3180, to satisfy the judgment, interest and costs in the above matter, you are directed to Icvy upon and sell the following described property: That lot or tract of land with an address of 915 Baltimore Pike, Gardners, Pennsylvania 17324, more particularly described in the Legal Description attached hereto and incorporated herein by reference. Amount due $ 114,723.44 Interest from October 7, 1999 $ 21.22 per diem Costs S to be added Respectfully submitted, Seal of the Court PROTHONOTARY OF CUMBERLAND COUNTY Datcd: LEGAL DESCRIIPPION 195 Baltimore Pike, South Middleton Township ParCe1.N0..40-40-2656-00lD ALL THAT CERTAIN tract of land situate in the Township of South Middleton, county of Cumberland and commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wits BEGINNING at a stool pin not in the contorline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoinor of Lots #1 and #2 on the hereinafter mentioned plan with the centerline of said roadway; thence extending in and through the centerline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West IN 16" 51, 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths foot (165.87) to a steel pin at Lot #3; thence departing from the contorline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-nix minutes thirty seconds East IN 59" 461 30" E), through a steel pin sot on the easternmost dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.831) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot 114, south six degrees six minutes five seconds East IS 6" 61 5" E) for a distance of two hundred forty-four and sixty-eight hundredths feet (244.68) to a steel pin at Lot 41; thence extending along Lot #1, South seventy-threo degrees eight minutes thirty-five seconds West IS 73" 81 35" W), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feet (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feet (267.90) to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot #2 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker s Associates, dated October 29, 1966, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record owner and John W. Terry, Jr., Equity owner, by coed bearing data the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland county, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Page 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Boone. C--3 U N V r. c r PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. BOOSE, Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) RETURN OF SERVICE PURSUANT TO PA. R.C.P. 3129.2(c)(2) AND NOW, this 0 day of November 2004, I, Matthew J. Eshelman, Esquire, of the firm of SAIDIS, SNUFF, FLOWER & LINDSAY, attorneys for PNC Bank, National Association, (now, by assignment, P.L.E. Money Purchase Pension Plan), Plaintiff, hereby certify that I served the persons listed below whose names appear in the Affidavit filed in this proceeding pursuant to Pa. R.C.P. 3129.1 with the Notice to Licnholders Pursuant to Pa. R.C.P. 3129.2 and legal description in the United States Mail, first class, with certificates of mailing (postal forms 3817) and contained within envelopes bearing my return address. Copies of these certificates of mailing arc attached hereto and marked as Exhibit "A". John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, II, LLC 77 Main Street Andover, MA 01810 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 P.L.E. Money Purchase Pension Plan 170 South Main Street, Suite 575 Salt Lake City, UT 84101 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 fully ?y & LINDSAY Matthew J. Ekhclman, Esquire ID #72655 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff •0 r n i ?'a 1) ? $$p ¦s ?? i u ?7 ? b 1! ?5??•. 4?•?i? ? lS yy o X 00 Ell x. 3 O 0 0 0 0 ?$T{ lit ? uY ? a ?o4 ? 17 Q . ¢ ySRRRR U U F a X U `` S y` 1_ 1 W C \ ? `? ? a -S Li 4 F• Q git IIII - D . ._...' J ?... : EPr ?k i 4U ?• r?z U -? N lJ _y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: 1, Robert P. Zict!lcr, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Decd in which P L E Money Purchass Pension Plan is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution issued on the 2nd day of Nov. A.D., 2004, out of the Court of Common Pleas of said County as of ivil Term, 1999 Number 6216, at the suit of PNC Bank N A against JOhn W Terry Jr & Karen S Boosc is duly recorded in Sheriffs Deed Book No. 269, Page 36. yy, rq?i IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this O7LT day of PNC Bank, National Association, In The Court of Common Pleas of Now by assignment, P.L.E. Money Cumberland County, Pennsylvania Purchase Pension Plan Writ No. 1999-6216 Civil Teri VS John W. Terry, Jr. and Karen S. Boose Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 03, 2004 at 2:57 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: John W. Terry, Jr. and Karen S. Boose, by making known unto each defendant personally, at 65 West Louthcr Street, Apt. 3A, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to them personally the said true and correct copy of the same. Kenneth Gosscrt, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2005 at 6:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of John W. Terry, Jr. and Karen S. Boose, located at 915 Baltimore Pike, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John W. Terry, Jr. and Karen S. Boose, by regular mail to their last known address of 65 West Louthcr Street, Apt. 3A, Carlisle, PA 17013. These letters were mailed under the date of January 11, 2005. The unopened letter addressed to John W. Terry, Jr, was returned to the Sheriffs Office on January 14, 2005 marked "unclaimed." The letter addressed to Karen S. Boose has not been returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 2, 2005 at 10:00 o'clock A.M. I le sold the same for the sum of $1.00 to Attorney Matthew Eshelman for P.L.E. Money Purchase Pension Plan. It being the highest bid and best price received for the same, P.L.E. Money Purchase Pension Plan of 170 South Main Street, Suite 575, Salt Lake City, UT 84101, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $1,224.18. Sheriffs Costs: Docketing $30.00 Poundage 24.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 11.10 Certified Mail 1.95 Levy 15.00 Surcharge 30.00 Law Journal 451.40 Patriot News 494.50 Share of Bills 30.73 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,224.18 Sworn and subscribed to before me So Answers:1 This YL' day of R. Thomas Kline, Sheriff 2005,A.D. IQ hi ?L? roonotary BY JO SYYCddn Real Estat eputy T<s J' to cf? ,0 0-, l? ?o?00 04, 19y? (t:.^ ?4y919 PNC BANK, NATIONAL ASSOCIATION, (now, by assignment, P.L.E. Money Purchase Pension Plan), Plaintiff VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6216 AMOUNT DUE: $114,723.44 INTEREST FROM OCTOBER 7, 1999, AT THE RATE OF $21.22 PER DAY ATTY. COMM.: (TO BE ADDED) COSTS: (TO BE ADDED) AFFIDAVIT PURSUANT TO RULE 3129.1 PNC Bank, National Association, Plaintiff in the above action, sets forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property consisting of one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. 1. Name and address of owners or reputed owners: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 2. Name and address of defendants in the judgment: John W. Terry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: All-Pro Financial, II, LLC 77 Main Street Andover, MA 01810 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: P.L.E. Money Purchase Pension Plan 170 South Main Street, Suite 575 Salt Lake City, UT 84101 .t 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 I, Matthew J. Eshelman, attorney for the Plaintiff, PNC Bank, National Association, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4914 relating to unworn falsification to authorities. & LINDSAY Date: October 29, 2004 Matthew,J. Es1rUm , Esquire ID 472655 2109 Market Street, amp Hill, PA 17011 (717) 737-3405 (fax) 737-3407 Attorneys for Plaintiff PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. AMOUNT DUE: $114,723.44 JOHN W. TERRY, JR., and : INTEREST FROM OCTOBER 7, 1999 AT THE KAREN S. BOOSE, Defendants : RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) NOTICE OF SHERIFFS SALE OF REAL ESTATE PURSUANTTO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TO: John W. Tcrry, Jr. 915 Baltimore Pike Gardners, PA 17324 Karen S. Boose 915 Baltimore Pike Gardners, PA 17324 All-Pro Financial, H, LLC 77 Main Street Andover, MA 01810 P.L.E. Money Purchase Pension Plan 170 South Main Street, Suite 575 Salt Lake City, UT 84101 Cumberland County Tax Claim Bureau Cumberland County Domestic Relations Cumberland County Courthouse 13 N. Hanover Street One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held; DATE: March 2, 2005 TIME: 10;00 am. LOCATION: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: one tract of land together with the buildings and improvements erected thereon located in South Middleton Township, Cumberland County, Pennsylvania, known and numbered as 915 Baltimore Pike, Gardners, Pennsylvania 17324. TIIE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: PNC Bank, National Association v. John W. Terry, Jr. and Karen S. Boose, No. 99.6216, in the amount of One Hundred Fourteen Thousand Seven Hundred Twenty Three and 44/100 ($114,723.44), plus interest at the rate of Twenty One and 22/100 Dollars ($21.22) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property until the Sheriffs Sale. THE. NAMES OF THE OWNERS OR REPUTED OWNERS of this property arc: John W. Terry, Jr. and Karen S. Boose. A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. TUBS PAPER IS A NOTICE. OF THE. TIME. AND PLACE. OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE. YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THEJUDGMF.NT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAI, 0 R & INDSAY - J ResNMattcw i c r Date: October 29, 2004 By. sher an, EsquireID #72655 2109 Market Street, mp Hill, PA 17011 (717) 737-3405 ax) 737-3407 Attorneys for Plaintiff WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa. R. Civ. P., Rules 3180 to 3183 PNC BANK, NATIONAL ASSOCIATION, : IN THE COURT OF COMMON PLEAS OF (now, by assignment, P.L.E. Money : CUMBERLAND COUNTY, PENNSYLVANIA Purchase Pension Plan), Plaintiff NO. 99-6216 VS. JOHN W. TERRY, JR., and KAREN S. BOOSE, Defendants : AMOUNT DUE: $114,723.44 : INTEREST FROM OCTOBER 7, 1999, : AT THE RATE OF $21.22 PER DAY : ATTY. COMM.: (TO BE ADDED) : COSTS: (TO BE ADDED) WRIT OF EXECUTION (Mortgage Foreclosure - Rule 3257) Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Cumberland County: Pursuant to Rule 3180, to satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following described property: That lot or tract of land with an address of 915 Baltimore Pike, Gardners, Pennsylvania 17324, more particularly described in the Legal Description attached hereto and incorporated herein by reference. Amount due $ 114,723.44 Interest from October 7, 1999 $ 21.22 per diem Costs $ to be added Respectfully submitted, PROTHONOTARY OF CUMBERLAND COUNTY Seal of the Court Dated: k„. ?<s LEGAL DESCRIPTION 195 Baltimore Pike, South Middleton Township ..Paroel.No..40-40-2656-001D ALL THAT CERTAIN tract of land situato in the Township of south Middleton, County of Cumberland and commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin sot in the contorline of Pennsylvania Traffic Route 94 (L.R. 342), said pin marking the common point of adjoinor of Lots #1 and #2 on the hereinafter mentioned plan with the contorline of said roadway; thence extending in and through the contorline of Pennsylvania Route 94, North sixteen degrees fifty-one minutes twenty-five seconds West (N 160 51, 25" W), for a distance of one hundred sixty-five and eighty-seven hundredths feet (165.07) to a steel pin at Lot 13; thence departing from the contorline of Pennsylvania Route 94, and extending along Lot #3, North fifty-nine degrees forty-six minutes thirty seconds East (N 590 46- 30- E), through a steel pin not on the eantornmoet dedicated right-of-way line of Pennsylvania Route 94 a distance of thirty and eighty-three hundredths feet (30.83-) from the origin of this call, for a total distance of three hundred twenty-two and twenty-nine hundredths feet (322.29) to a steel pin at Lot #4; thence extending along Lot #4, south six degrees nix minutes five seconds East (S 60 61 5• E) for a distance of two hundred forty-four and aixty-eight hundredths feat (244.68-) to a steel pin at Lot 41; thence extending along Lot #1, south oeventy-three degrees eight minutes thirty-five seconds west (S 730 81 35^ W), through a steel pin not on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths foot (30.00) from the terminus of this call, for a total distance of two hundred sixty-seven and ninety hundredths feat (267.90) to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1,219 acres to the dedicated right-of-way line and 1.336 acres to the centerline of the roadway, and being designated as Lot 42 on a final plan or minor subdivision prepared for Kimba, Inc by Rodney Lee Decker 6 Associates, dated October 29, 1986, and recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr., Equity Owner, by Dead bearing date the 4th day of August, 1993, and recorded in the office of the Recorder of Deeds for Cumberland county, Pennsylvania, on the 11th of August, 1993, in Deed Book L-36, Pago 661, granted and conveyed unto John W. Terry, Jr. and Karen S. Booed. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 99-6216 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CU51DERI.AND COUNTY: To satisfy the debt, interest and costs due PNC BANK, NATIONAL ASSOCIATION, (NOW, BY ASSIGNMENT, P.L.E. MONEY PURCHASE PENSION PLAN), Plaintiff (s) From JOHN W. TERRY, JR., AND KAREN S. BOOSE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamisLx(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any pro; erty ofthe defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,723.44 L.G. Interest FROM 10/7/99 - $21.22 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $3,133.05 Other Costs Plaintiff Paid Date: NOVEMBER 2, 2004 CURTIS R. LONG Prothonot ?? (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW J. ESHLEMAN, ESQUIRE Address: SAIDIS, SHUFF, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-3405 Supreme Court ID No. 72655 Real Estate Sale # 17 On November 30, 2004 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 915 Baltimore Pike, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2004 By .- Real Esta Deputy b I :E d Z- AN h001 Via aJA NS 3H1 A 3311JO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark, being duly swom according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January and the tst day(s) of February 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Swom to and subscribed before this 23rd day ftbn? a 005 A.D. SALE#17 Z ? Qa'ur ' . oryA q 1 Terry L Russell. ac? ?aw+ 0 ? P Y PUBLI a wnm?sslonExplres lunne y M C r'•^^"?"'"?•?? $umaruoasltat expires June 6, 2006 •r•mbr, CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 494.50 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ................................. REAL[STARlYAd"J:Iio 7TH °' . MhSIMA1MH210 ?' CNMTYmd PNCOarJ4-' 1, -Am now P2.L Mama Pod Pardon Jot nVFTwm Jr., mlld Ko mn L Soon . At4?R6mltflmm lmllekllN' DISCPJFTION AIL7FIATCflRADdmdldaWrmY be 7M* d Sad KdSd t CM" d I Cam•berYad - ud Comrosweatd of ; IdqNWL bdy ma fwm4m!7 6amde0 md' IduMkw%wwe-. BBDRwm it a red pY Id k 6e m umm of mm7l?mkTmme Rare 91(LL $12A'wd Fk no* the a Pd Of Idjoin, d lua dl d 12 as be keiimfeor . rrmbmd. on Id6_ dt -&- d. mid • roednr 6aoa mnfy k d brad h ! =min of Fmgbak Rare 96 Ilor6 i dammde?ea mimlwwyl me. dr Rkd (N l6 31 edeeea 21 raab n Ix a ad= of a *bWW darts/ d ooj-u eklodrdRe ho (163171 to I rd . P6 rta q;6aadapmdy 6em6eaaadFme of Pemgteldl Rare 9d, ad noun d0y W q, Nab hRrwke dtpea faq?it mYra dr HJ'fio a *d pa 'ld al i6e j dm k4odN fa ow ko ham ow -W of 66 dt fat a mat &MM d 6nw hekd 1waq h , d tw". W bm1 11 kd ()ri29 bit) to a "d pY d Id pd: 6ma amdq d" to M Sao dt depom m mlmlr in sroldr W (S 6 dgma 6 fa 3 eamdr E) kr a &a" of in Ym&d knr km d JUY4Fla NOWU fed 0" ka) m a red pY d 1a41: deea a4mfad ab% td 61. Sw16 m'rmg4ma &FM e9dl VA- ma 6hq4a raedr Wed m 73 deama 1 w ms33uc*wxdomedardpkache 6e emarmm daSrd dt"wq in d Pkr3lemia Ram 9d, I dhmoed&hq and n • e - hefedb fa1(3h00 kd) has the brlam d 6h a4 m a Iod fma dawhmked rWr mra ad J" YtldY kd MIA Pmt) b armdpYaY6r"dimdfm"tdl Ram 9d, $aid pie m un 6e pme d N3000JPRI. caaARIm 1219 ens m d defied dp44y he d 13% am la to amaw d6emdw y.dbehK&4wWmisd2oe o Red plm a ada n6f " pAmd far gmba. ka b) Rodaq lr Dodd f Aw"m Awn. 29, 19K d nomad k 6a omm of 6e Rmoda d Dad1 Y d m cw"w Cemm.1 dm3Lralt b PIN Boat 37.dpap26 , . BM 7WLUM pads %Sd Rick L lw mwt Raced owim d km N. Tau. k. Fgdy owm by Ilwd body dome 6e 46 by d AWK 199). d r MnW Y 6e oRla ddw W.do d Do & far fdborkd Comq. Fme)lemia w be 116 of Aya 1993, Y Dad Root 1.36. hp 661. PxW MW =Mod mlolr N.Taq, k d Km S. Rose. 1e" ad046M"ID. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 1 G, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, January 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication arc true. REAL ESTATE GALE NO. 17 Writ No. 1999.0216 CMI PNC Dank. National Association. now by assignment, P.L.E. Money Purchase Pension Plan vs. John W. Terry. Jr. and Karen S. Iroose Ally.: Matthew Eshelman LEGAL DESCRIPTON 195 Baltimore Pike South Middleton Township. Parcel No. 40.40.2050.00I1). ALL TIIAT CERTAIN tract of Innd situate in the Township of South Middleton. County of Cumberland and Commonwealth of Pe intylva• nla, being snore particularly hounded and described as follows, to wit: BEGINNING at it steel pin set In the centerline of Pennsylvania Traf- fic Route 04 (LR 942), said pin nark- Ing the common point of adjolner or Lots #1 and 02 on the hereinafter mrnllnned nlan whit t1w trtttrtliow MAN TO AND SUBSCRIBED before me this 28 dayof January, 2005 Notary PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 1G, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal. of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 14, 21, 28, 2005 Affiant further deposes that he is authorized to veri fy this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, 1\ I REAL ESTATE SALE NO. 17 Well No. 1690.6216 Civil PNC Batik, National Assoclation, now by assignment, P.L.E. Money Purchase Pension Plan vs. John W. Terry, Jr. and Karen S. Bootie Atty.: Matthew Elthelntan LEGAL DESCRIPTON 105 nalilmore Pike South Middleton Township. Parcel No. 40.40.2656.001D. ALL 711AT CERTAIN tract of land shunte in the Township of South Middleton. Counly of Cumberland and Commonwealth of Pennsylva- nia, being mare partlrularly bounded and described as follows, to wit: BEGINNING at it slrel Pin set in the cenlrthur of Pennsylvania Traf. ac Route 941L.R 3421, sald pill nclrk• ing the common Point of adjoiner of Lots 0 1 and s2 on the hereinafter Lisa Marie VIMN TO AND SUBSCRIBED before me this 28 day of January. 2005 Notary In and through the centerline of Pennsylvania Route 94, North six- teen degrees firly-one minutes twenty-five seconds West IN 164 51' 25" V& for n distance of one hun. dred sixty-five and eighty-seven hundredths feet (165.87) to a steel pin at Lot 03; thence departing from the centerline of Pennsylvania Route 94, and extending along Lot 03, North fifty-nine degrees forty-six minutm thirty seconds East (N 590 48' 30" E), through a steel pin set on the easternmost dedicated right- of-way line or Pennsylvania Route 94 a distance of thirty and eighty. three hundredths feel 130.83'1 from the origin of this call, for a total dls. tance of three hundred twenty-two and twenty-nine hundredths feel (322.291 to o steel pin at Lot 04; thence extending along Lot 04. South six degrees six minutes live seconds East IS 6. 6' 5" E) for a distance of two hundred forty-lour and sixty-eight hundredths feel (244.88') to a steel pin at Lot a 1: . thence extending along Lot N1, South seventy-three degrees eight minutes thirty-five seconds West IS 7W 8' 35" W), through a steel pin set on the easternmost dedicated right-of-way line of Pennsylvania Route 94, a distance of thirty and no hundredths feel 130.001 from the terminus of this call. for a total dls- lance of two hundred sixty-seven i and ninety hundredths feet 1207.00') i to a steel pin set in the centerline of Pennsylvania Route 94, said pin marking the place of BEGINNING. CONTAINING 1.219 acres to the dedicated right-or-way line and 1.330 acres to the centerline of the roadway, and being designated as Lot 12 on a final plan or minor sub- division prepared for Klmba. Inc by Rodney Lee Decker dm Associates, dated October 29, 1986, and re- corded in the Office of the Recorder or Deeds in and for Cumberland County, Pennsylvania, In Plan Book 52, at page 20. BEING THE SAME PREMISES which Rick L. Hoffman, Record Owner and John W. Terry, Jr.. Eq- ully Owner, by Deed bearing date the 4th day of August. 1903. and recorded in IAe of5ee or the Record- er of Deeds for Cumberland County, Pennsylvania. on the 11 th of August, 1993. In Deed Book L36. Page 661. granted and conveyed unto John W. Terry. Jr. and Karen S. Boose. ??