Loading...
HomeMy WebLinkAbout99-06312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & NO: qj- G /-Z INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE ISSUE NO.: CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant TO:DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE WEELLTMAN`, WEINBERG & EIS CO., L.PA. BY, ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: Go Waltman, Weinberg & Rals Co., L.PA. 2901 Koppers Building 439 Seventh Avenue Pittsburgh, PA 10219 AND THE DEFENDANT IS: 232 East Louther Street Carlisle, PA 17013 WELTMAN, WEINBERG & RE S CO., L.P.A. BY: AYE V`r\??C?t ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 232 East Louther Street Carlisle, PA 17013 1" Ward;Borough of Carllsle:Cty of Cumberland WELTMAN, W`EIN-BE,RrG & REIS CO., L.PA. BY: MM `NFL` .e ATTORNEYS FOR PLAINTIFF FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa. I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2601 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 W WR#01682020 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE CORPORATION, NO: Plaintiff, V. MICHAEL P. LOVE, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and riling 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 ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE CORPORATION, NO: 99- 631-2, Plaintiff, V. MICHAEL P. LOVE, Defendant CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff, Atlantic Mortgage & Investment Corporation, Assignee of Provident Mortgage Corporation, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint In Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff Is Atlantic Mortgage & Investment Corporation, Assignee of Provident Mortgage Corporation, a lending Institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendant, Michael P. Love is an adult Individual whose last known address is 232 East Louther Street, Carlisle, PA 17013. 3. On or about January 15, 1996, the Defendant, Michael P. Love executed a Note ('Nate') In the original principal amount of $60,150.00, which Note is attached as Exhibit "A". 4. On or about January 15, 1996, as security for payment of the aforesaid Note, the Defendant, made, executed and delivered to Provident Mortgage Corporation, a Mortgage in the original principal amount of $60,150.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 17, 1996, Mortgage Book Volume 1299, Page 716. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Provident Mortgage Corporation assigned all of its right, title, and Interest in to the Mortgage to Provident Bank. Said assignment being recorded on January 17, 1996 in Mortgage Book Volume 512, Page 117. 6. Provident Bank assigned all of Its right, title, and Interest in to the Mortgage to Pacific Southwest. Said assignment being recorded on May 14, 19971n Mortgage Book Volume 542, Page 864. 7. Pacific Southwest Bank assigned all of its right, title, and interest in to the Mortgage to the Plaintiff. 8. The Defendant, is the current record and real owner of the aforesaid mortgaged premises, 9. The Defendant IS in default under the terms of the aforesaid Note and Mortgage for, Inter alia, failure to pay the monthly Installments of principal and interest when due. 10. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant has failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff. 11. Plaintiff was not required to send Defendant written notice of Plaintiffs Intention to Foreclose Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S. §101. 12. On or about February 8, 1999, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983Take Action to Save Your Home From Foreclosure. A true and correct copy of said Notices is attached hereto as Exhibit "C". 13. The amount due and owing Plaintiff by Defendant Is as follows: Principal $58,665.39 Interest thru 06/29/99 $ 2,807.70 Attorneys' Fees $ 600.00 Title Search $ 50.00 Late Charges $ 198.32 Escrow Advance 877.12 TOTAL $63,398.53 14. Contemporaneously hereunder, Defendant has been advised of his right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "D" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $63,398.53, with Interest thereon at the rate of $13.37 per diem from June 29, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. Jon A. McKechnie, Esquire Attorneys for Plaintiff 2601 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #01682020 nn ,r Yn.V IV,V ,M,M/t MORTGAGE NOTE PENNSYLVANIA LOAN q CMP-8906973 Y. .THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE VETERANS ADMINISTRATION OR ITS AUTHORIZED AGENT.' 60, 150.00 CARLISLE . pars,40 a• JANUARY 15, 1996 FOR VALUE RICOVED, the undmwncd. MICHAEL P LOVE O RIC "A L hereinafter eoped the Maker, p,aeieas to pay 10 PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP a eerl»nden el9.nh d and edeti,2 under the teen at THE STATE OF MARYLAND at aide,, h41einclterdasi9maredes lop Pma, the PO-CIPal metal Sixty Thousand one Hundred Fifty and no/100 Dalbrlld 60,150.00 L, with Interest Nam lop do's at lop me el Bight and no/100 per forum 1 8.000 %1 pet stream on the unpaid beisnce Until paid. TM cold princlpal end blausl shell be payable n the Was of 114 E. LEXINGTON ST., 2ND PLR, BALTIMORE, MARYLAND 21202 POUr Hundred erat met, other place as the held., mm desiynoto in end,2lbm emmy lncWbneris of Forty one and 36/100 0094,811 441.36 1. eamntiming on the roe do of MARCH ,1996 ,admto Not dq of each month tMnatlar amp the principal old Interest we key paw, accept out the end pwncM of the sense Indopledncfs satdSnced Mteby, If nct sacnct paw, shop M duo and PWebls on IM (lnl day N February 2026 ?riopspa b n6.me ro wep0y tl sm dn,S, Mlheul prSmkon at fee, the aegis Idebtedr es, or om pan thereof "I less than the arncant at one lestopmonl, at One Hundred Dopsre (1100.001, wNahwsf It loss. ?rspoymenl In fop shop be credited an the dote renshrod. Partial payment,affect then on an lnslopmant due date. "ad rot be crulltop until the ncat 109ew1n01nelalbnant due date or IN" dap all., wah prepayment, veNahwal If 6.1541. tNMU6.wsiy with IM soswtion of this Nola IM Wks, hoe onwted and dsiMred Is the Pope • Man0e91 assured upon eenm prlcNess severed In the Cwnty of CUMBERLAND Cwr.n "Wth of?-wwNvW4 men paneNsdy dssarlbed in IM 14en9,24. AN of the lama, esvencnte, preNsioM, ,enddenc, o9eulotem. and apeemenla eantelned In sew 1.6,19,24 to be kept and ponarmed by the Meteor w, Mob, mass a pan 01 this Net. Is the eons aslant and with the saes false and affect es II they ware fully sec took herein, and the Mckor eaveeYnts and apses to Pella" the sees, or cause the fors to be kept and p.llemvd, striads In accordance with the tomes and pMMens thereof. Th. whet. of the ?rim,,pai sum ar sm pan outset, and of any ether sauna of menoy, eesuead by the Mongolia ghon to esecure ties Neu, shop, IanhwllN at the option of IN tape at any subsequent hello, thereof, kessme duo and payable Immediately. wltheut miles of demand, If delmil be made In am pawncnt undo, Ms Neu, and 11 the default Is rot made good prior to the duo date of the mal such Intl menu; of upon the happaNng of any dats01 which, by the temw of the Mortgage gNSn to secure tile NOU, shop Wile the Payee. of am sub..gllorel hewn hereof. to declare the esms, or any pan 1Most. to be duo and payable. The Maker data lullaby wpewer a" attorney of any two N,word odMn IM United plat.. as elsewhere to woo, far Make,, still, of wllhwt a 4.0.1106. Ned, and esnfnf battlement or bdgoeaets against said nick., In bpi of the Pape Of an subsequent hewer forest, to of any Iwm, for the entire up,ld principal of ISO Nola and M What swrw pop by IM hoklo metal to at on behalf of the Mop at pursuant to the forest of IN, Nela at sOld Molgago, and M arrosrsguf Interest IMUen. tegstMr 10 uosuban Or'6.ewtianeamay lend fteyrthwllh.' The Maker Mnby weivoo he right of Inpdadlp, am roprprettify IMed upon is collet the Indebtedness Mdtneed hoobyseed does voluntarily eandaen the same and senlwilaes the ?selhancury to *else such cend«m-tlan, and Weises and Wesw op lever, ncw in fare, of Mreatlar enacted, to atlp is oomptlen, wp,bomHet es at" of u,sutlere. The ,2uemanu Mr.1n contained Shag bind, 014 the bsrHRle and sevamspts %A Imes to. the respective wastos41a tea $.eignc of the Pool., Mrate. VYMreve, Yaed,lhe .110-1 member shop Include the Pied, and the &191 IM singular, end the us. at am gander hot be semo ewe to op garter, fed WITNESS NMEREOF, the Maker Me cw.od these presents to be eessuled undo, sell the dm and year first some written. p Stated *red 011vatdIn life Prwncest- /I I MMICCHHAAgSSL P LOVE IS,011 least . 232 EAST LOUDOR STPEI CARLISLE, PA 17013 Mean THIS IS TO CERTIFY that the Is IM Neu doseribad In the secured ?y Man,*" a1 were data Muwth ..,ad on rW seta's ,[Noted In CUMBERLAND Caunly Cemmonw.Ylh al PlwveNvaNa. Newry PoPMe wwmvwA V. wnrUar met 10411 `IMM/nlCn I?IaaV>tE? AvW r.?gA111 llobr L- tl I e 'N F C rP 3 " "+eAv Mr r:a ve-JI rJullsiC w...., wit t.r r 8906973 e c w. w.r• w r.a..e ..e...r wo,le,e. e••ru•o? "THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE VETERANS AFFAIRS OR ITS AUTHORIZED AGENT." MORTGAGE THIS MORTGAGE, mods the 15th day of January Intheyserof"Lwdrte thousrd nine hundred and 96 • orrwrEN MICHAEL P LOVE lhusinafter Called Mngager) and PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP a corporation wgwdsed and existing under the laws of THE STATE OF MARYLAND and having Its prlndpal office and pest<fRCS address In 114 E.OLEXINGTON ST., 22ND 1202LR, h BALTIM, MARYLAND (herslnallse called Mortgages): WITNESS iH: That the Mlvtgetlor to sseue Ihs Oaymant of Sixty Thousand One Hundred Fifty and no/100 Dollars fs 60,150.00 1. with Interest from deb, at the rite of Eight and no/100 per cntun 1 Iran the One av and 16/100 1 8.000 %) Mortgagor to the Mortgage*. p in monthly lasttlmeenntsf J„c Four tp Hundred Forty Note Goaert 0 441.76 1, eo,nnencing n the first day of March 1996, and ontlrwing thereafter on the Graf day of each month Will such debt Is fully paid, except that, If not goner psid, the final payment thwoof Shia be due and payable on the fbst day of February 2026• and also to some the performance of sit Covenants, egrewnnts end conditions hwelo contained, den by these presents pant, bwYan, ave. nsion, foliose, ecnvoy and Cnflrm to the Mortgages, ALL the following described rid propwh' situated In the BOROUGH of CARLISLE . County of CUMBERLAND and Commonwealth of Pensylvanb, to wit: SEE DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOr BEING THE SAME PREMISES WHICH BY DEED DATED OF EVEN DATE HEREWITH AND INTENDED TO BE RECORDED IMMEDIATELY PRIOR HERETO, AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, WAS GRANTED AND CONVEYED BY JAMES R JONES AND MARY C JONES UNTO MICHAEL P LOVE and THE BORROWERS HEREIN to on a I ` m p el In G ,n N m ? A ?} n ,n '• 'O n0= 3 Coln :C4 'fnn .Ce K o to I N T n TOGETHER with erg and sInguler the buildings. InlpeVernents. and fiaturn n sold pendsH, n wages all additions or ImprovemMts now or hereafter made to said pernhos, Waste. aaep, psnapn, way, woten, water Count'. rights, aberties, ptvlsgn. hwedlumnts, end appurtenances whatsoever tnweunto belonging, win my wise appnaNNg. W the rnenioos and rernabdws. rents, Issue, end gents lMoof, and In addition thereto the foeowing day~ household appancn, which we, and $beg be dewed to be fietun, and a pert of the realty, and we a portion of the security lot the Indebtedness hwoln mentioned namely provided, however, that the Mortgagor shag be entitled to collect and retain the Wd rests, issues, and profits until default hareund": TO HAVE AND TO HOLD laid poperty. hereby panted, with the appurtenances, unto said Mortgages to Its own me lwevo: "": ?Lw;:•"°^••^r eor,r.1299 t,•t ;16 ,".?.y?y?„,Ip?, 9. Mertgagee shall have the fight 1 7 my grown (anti. 19.82, sssasemems, if omd water rents, and all other chrges and o.:ms which Mortgeor tin "peed to pay undo the tome hereof, to edvanee and pp , ny sums of money that N Its Judgement may be necessary to perfect or preserve the title of the premises covered by this Mortgage. Of for nmprmse premiums t far my wthrited mrnennmcs work. Any amount or amounts so paid or advanced shot be added to the principal debt, than beer interest or the rate provided far in the principal Indebtedness from the date of payment of advance, and Shan be secured by this Mortgage ratably with sold principal debt and merest theism. Mortgages, at it option, also Shan be entitled to be sublogated to my Pon. claim, or demand paid by It, or dlochrged with money, advanced by it and secured by this Mortgage. The payment and advances so made shelf be payable In approximately equal monthly payments, ulending over such Padods a may be agreed upon by the Mortgagor and Mortgages, but not beyond Iha due date of the final Instal ment of the principal debt. In vent of failure to apes on dote of maturity, the whole of the sum of Sant so paid or advanced Shan be due and payable thirty 1701 days after demand by Mortgages. 10. The men of this Mortgages shall remain In tuft face and effect during postponement r extension of the time of payment at the Indebtedness, or my part thereof, which it secure. It. Upon the request of Mortgages. Mortgagor Shan execute and deliver a supplemental Note If Now for the sum or sum. advanced or pad by Mongagas far the aflratlon, modernization or Improvements of the mortgaged property made at Mongagr'S request: and to maintenance of said property, or pound rents, taxes, "easements, uwr Sort wale rants, and an other charges and claims as.assad or levl"d against told property by the lawful wtho lly, or far my other purpose elsewhere wthodrad hereunder. Said Note or Notes Shan be secured by this Mortgage an a parity with an as fun so if the amounts stated in Such Note If notes were part of that stated In the Note hereby Secured. Said supplemental Note or Notes Shan bow Interest at the tale provided ter In The principal Indebtedness and shag be payable In approximately equal monthly payments its such period es may be agreed upon by Mortgagor mil Mortgages, In thirty I301 days lotof fainuto to agree an date of maturity, the whole of the am or Some so advanced ac paid than t r demand by Mortgages: but In no vent Shan my such maturity or de date tend beyond the due data of the final Installment of the principal debt. 12. If the Indsbtednns secured hereby be guaranteed or nsdred under Title 08, United States Code, such Title and Regulations Issued thereunder and In effect on the data hereof Shot govern the rights, duties, and nabgtin of he Partin hereto, and my provisims of this or other instruments executed In connection with sold Indebtedness which we Inconsistent with said Title or Regulation are hereby amended to conlrm thereto. 17, If, It my time, a Writ of Execution (Money Judgementl r other execution IS propriy Issued upon a Judgement obtained upon sold Note, or It So Action of Mortgage Foreclosure or my other appropriate action or proceeding to foreclose a mortgage Is Instituted upon or under this Mortgage, an attorney's commission of TEN par cemum 1 10 %) of sold principal debt than be payable, and recovered In addition to all principal and interest and an other recoverable sums then dus, together with costs of Sult. 14. If my deficiency in the amount of my aggregate monthly payment mentioned In (b) of paragraph 2 Shall not be made good by Mortgagor prior to the due dab of the next such payment, ar if default be made at my time In my of the covenants and agreements herein, or iq the Note secured, then and In every such one, he whole principal debt Shan, at the optim of the Mortgages, tioned, may be ano aid and recovered at thereof once, anything herein contained to the contrary ntwlthfrinclio an Interest accrud theism, with So as hwenbefors men n7. In the vent of any breach of covenant, condition, ar armament of said Note, or of this Mortgage, It shag be lawful far Mortgages to enter upon all and singular the land, buildings. and other rights, crporeai and Incarporoal, panted by this Mortgage. and to lake posss.slon of the same, and at the fixtures and equipment therein, and to have hold, manage lent to my person w pertms, use end operate he some In such percale and an such terms and far such periods of time a Mortgagee may doom proper In Its sole discretion. Mortgagor agresing that he Shan and win whenever requested by Mortgage" so to do, orlon, transfer, NW deliver unto Mortgagee any I'as or sublease: and to collect and receive an rents, Issues. and profits of said mortgaged premises and vary part thereof; for all of which sold Note than be sufficient warrant whether at not such lane co sublime has been assigned; and make from time to time all reasonable alternations, renovations, repahe, replacements thereto. After deducting the cost of such elimination,, renovations, repairs, replacements, and the expenses Incident to taking and retaining pntession of he mortgaged property, the management and operation hereof, and to keeping the memo property nmurad, to epply my residue to such rents. Issues, and pronts to the payment of IS) an pound fonts, taen, chrges, claims, assessments. sewer and water rants. and my other liens that may be prior in lien or payment to the debt secured by Into Mortgage, with Interest thereon, (b) premiums far said Insurance, with Interest theism, (c) the Interest and principal due and secured by this Mortgage with M costs and attorney's rent In such order or priority n Mortgagee may determine, my statute, low, cuSlom, or we to the contrary notwithstanding. The taking of possession of the mortgaged prendtes by Mortgagee, as herein provided, %fish not Wine any default by Mortgagor. or prevent he enforcement of my at rho nmedin provided by said Note or this Mortgage. The remedies provided by add Note and this Mortgage or any other Indebtedness herein provided or secured by this mortgage, and far the pedonnence of the covenants, conditions and agreements, of sold Nate or this Mangano we cumulative end concurrent, and may be formed singly or successfully, or together, at he sole disetenan of Mortgages. and may be exercised IS often as occasion thereinto shell occur. PIIOVIOEO. that In cast ddwlt On be made In the payment of my Installment of principal and Interest. or my other payment hervinabove or In the conditions of said recited Note provided for. or In the keeping and performance by the Mortgagor of my covenant or agreement contained hrain or In his Mortgage to be by said Mrtgagr, kept and performed, in he mmnw and at the time specified far the performance thereof, such detwlt will entitle Mortgages forthwith to bring and wt of in action of Mortgage Foreclosure upon this Indenture of Mortgage. or to Institute my other appropriate or action Proceeding to foreclose a Mortgage, rid to proceed theism lolud0rnent and eeocutlon, for recovery of said principal debt r Some and ot lntsenl theism and an other sums hereby secured together with an attorney's crnmleslon for collection. a eforsseid, and costs and expenses of such proceeding, and to pursue my and an other appoMate legal r equitable remedies In such tens provided without furhter stay of execution or other process, my Isw, usage. of custom to he contrary nothwithstarding. Mortgagor omprnaiy wolves and relinquishes all benefit that may accrue by virtue of my and every low made or to be made exampling he mortoeoed prerrdsss r my other promises or property whatever, real r Personal, item rbGhment, Ivy, or Safe under execution. or my awl of the proceeds moing form my Sale thereof, and all benefit of my stay of execution or other process. Mortgagor hereby waives and rdinguloheo win Sort in favor of the Mortgages, an benefit under an laws now In affect or hwelfter passed to raneve the Mortgagor In any manna from the oblfgatlons named In the Now far which We Indenture Is security. Should the Veterans Administration for my reason fall or refuse to issue the pontes In the maximum amount prmhted of the loan secured by this Mortgage under the provision at the Serviceman's Rasolustment Act of 1944, n amended within slaty 1601 days of the dab hereof, the Mortgagee herein may at Its opilm, declare an Sumo secured by this mortgage Immediately due and payable. boos 1?.99 c+ct 71b rw.nvaA v. u0.16.44 ym.,m+n V. NIr.?NM, M,l,, ., • f 1 t 1 Y \.. V.,,. Ut 4AN IttU WWI MNU MJaVmYI IVN PU -T n1UG1 NOTICE: THIS LOAN IS NOT ASSUMABLE WITH- OUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Is made this 15th day of January 1996 and is Incorporated Into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt therein *Security Instrument') dated of even date herewith, given by the undersigned therein 'Borrower*) to secure Borrower's Note to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP therein •Lardre'l and covering the Property described In the Security Instrument and located at 232 EAST LOITERER STREET CARLISLE,PA 17013 INV.ny Add.... I V.A. GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: If the Indebtedness secured hereby be guaranteed or Insured under title 38, United States Code, such rills and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed In connection with sold Indebtedness which are Inconsistent with sold Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured Indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. LATE CHARGE: At Lender's option, Borrower will pay a'late charge' not exceeding four per centum (4%) of the overdue payment when paid more than fifteen 115) days attar the due date thereof to cover the extra expense Involved In handling delinquent payments, but such 'late charge' shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY:. Should the Department of Veterans Affairs fail or refuse to Issue Its Guaranty In full amount within 60 days from the data that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Coda 'Veterans Benefits,' the Mortgagee may declare the Indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: If all or any part of the Property or any interest In It Is sold or transferred, this loan may be declared Immediately due and payable upon transfer ('assumption') of the property securing such loan to any transferee ('assumer'(, unless the acceptability of the assumption and transfer of this loan Is established by the Department of Veterans Affairs or Its authorized agent pursuant to Section 3714 of Chapter 37, Title 38 United States Code. An authorized transfer ('anumption'l of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A lee equal to one-half of I percent 1.50%) of the unpaid balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the mortgagee or Its authorized agent, as trustee for the Department.of Veterans Affairs. If the assumer fails to pay this lee at the time of transfer, the fee shall constitute an additional debt to that already secured by this Instrument, shall bear Interest at the rate herein provided, and, at the option of the mortgagee of the indebtedness hereby secured or any transferee there of, shall be Immediately due and payable. This fee Is automatically waived If the assumer Is exempt under the provisions of 38 U.S.C. 37291b). lb) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption and transfer of this loan, a processing fee may be charged by the mortgagee or Its authorized agent for determining the credit worthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer Is completed. The amount of this charge shall not exceed the leaser of the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies or any maximum prescribed by applicable State law. let ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligation of the veteran under the terms of the Instruments cresting and securing the loan, including the obligation of the veteran to Indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or Insurance of the indebtedness created by this instrument. IN WITNESS WHEREOF, Borrower(s) has executed this V.A. Guaranteed Loan and Assumption Policy Rider, n _ _ ?// GGi7/!/ U ?Wli 1-,?J /?r- aerrowa aeuewer Mu.wv aarrewu PAVA.FM NM4 iOOK 1259 rut 721 ?` ,... a r Atlantic Mortgage & Investment Corporation 7159 Corklan Drive Jacksonville, FL 32258 Investor No.:JO0/L IMPORTANTt NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS February 08, 1999 CERTIFICATE OF REGULAR MAILING LOAN NUMBER 629183 Michael P Love 232 E Louther St Carlisle PA 17013 RE: 'Client: Atlantic Mortgage & Investment Corporation Loan No. 629183 Property Location: 232 E Louther St Carlisle PA 17013 Dear Michael P Love Your mortgage with Atlantic Mortgage & Investment Corporation is in serious default because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. The total amount of the detinque9cy is $ 2,229.26. This total includes the following: Payments of $ 720.54 ,por month due on the first day of each month from December 01, 1996 to the date of this letter (a total of 3 months) and each month thereafter. $2161.62 DR115 Loan No. 629183 February 08, 1999 Page 2 Late Charges of 28.82 per month due after the fifteenth day of the month from December 01, 1998 to the date of this letter (a total of 2 months) and each month thereafter. 57.64 TOTAL DUE TO MORTGAGE COMPANY $2219.26 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for 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 that 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. DR116 Loan No. 629183 Page 3 February 08, 1999 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: Atlantic Mortgage & Investment Corporation 7159 Corklan Drive Jacksonville, FL 32258 Attn: Bob Pilarski 1-800-288-2642. The names and addresses of designated consumer credit counseling agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. - If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. "Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting." % 11 "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home "Immediately and you will forfeit your eligibility for assistance." Available funds for emergency mortgage assistance are very limited They will be disbursed by the Agency under the eligibility criteria established by the Act. DR063 L s yy a 63 Loan No. 629183 February 08, 1999 Page 5 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 Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. "Your application must be filed or postmarked, within (30) days of your face-to-face meeting." "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance.", Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect." The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by that Agenby of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North F,rpnt n6mbers t are t(717) 780-3800 9 or Harrisburg, (800)b 342-2397 (toll free number). By: Robert P ars DR020 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment In the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any Information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. EXHIBIT - The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unswom falsifications to authorities, that he/she is Jim M. Satterwhite ASSLVIC!MlS. Of P01-OW.-1 r-+intiff herein, that (rigs) he is duly authorized to make this Verification,. and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. } ,w % SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS. LOVE MICHAEL P R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: LOVE MICHAEL P but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant LOVE MICHAEL P DEFENDANT NO LONGER RESIDES AT ADDRESS STATED HOUSE IS VACANT, PAPER IS EXPIRED. Sheriff's Costs: So answe Docketing 18.00 Service 3.10 ytf?f?_ NOT FOUND 5.00 Surcharge 8.00 K.1 TZ?E $371= 11/29/1, WEINBERG & REIS Sworn and subscribed to before me this day of lJic•,, j = 19 ?j2 A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & NO: ?y L 3 / 2, INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE ISSUE NO.: CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE TO:DEFENDANT YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & EIS CO., LP.A. A ORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: Go Waltman, Weinberg & Reis Co., L.P.A. 2501 Koppers Building 475 Seventh Avenue Pittsburgh, PA 15219 AND THE DEFENDANT IS: 232 East Louthor Street Carilslo, PA 17013 WELTMAN, WEINBERG & RE S CO., LP.A. BY:IV% W'L\' .1 e ...- ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 232 East Louthor Street Carlisle, PA 17013 1' Ward;Borough of Cadlste;Cty of Cumberland WELTMAN, WEINBERG & REIIS CO., L.P.A. BY: 'A ? FF ATT RNEYS FOR PLAINTIFF FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: t JON A. McKECHNIE, ESQUIRE Pa. I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A. Finn #339 2601 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR401682020 4 r???1 TRUE COPY FROM REOM In Toomary whereof, I h?r}? a^r srM ny Irly and the ut I° ,,i,,. 19 a Al t9 n ??____ OFFIL°_ V Tvf SHERIFF cl:v'-_ .. ,y.,T OCT 15 3 49 PH '99 PENW: LVANIA i a= =gym" v fy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant NO: ?• 1 • • ?• 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 Arned that if you fall 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, Assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant NO: 9e7• 6,3/ZCied l<-- And now, comes Plaintiff, Atlantic Mortgage & Investment Corporation, Assignee of Provident Mortgage Corporation, by and through Its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and riles t i this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff Is Atlantic Mortgage & Investment Corporation, Assignee of Provident Mortgage Corporation, a lending Institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff"). 2. The Defendant, Michael P. Love is an adult individual whose last known address is 232 East Louther Street, Carlisle, PA 17013. 3. On or about January 15, 1996, the Defendant, Michael P. Love executed a Note ("Note") in the original principal amount of $60,150.00, which Note is attached as Exhibit "A". 4. On or about January 15, 1996, as security for payment of the aforesaid Note, the Defendant, made, executed and delivered to Provident Mortgage Corporation, a Mortgage in the original principal amount of $60,150.00 on the premises hereinafter described, said Mortgage being recorded In the Office of the Recorder of Deeds of Cumberland County on January 17, 1996, Mortgage Book Volume 1299, Page 716. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Provident Mortgage Corporation assigned all of Its right, title, and Interest in to the Mortgage to Provident Bank. Said assignment being recorded on January 17, 1996 in Mortgage Book Volume 512, Page 117. 6. Provident Bank assigned all of Its right, title, and interest In to the Mortgage to Pacific Southwest. Said assignment being recorded on May 14, 1997 in Mortgage Book Volume 542, Page 864. 7. Pacific Southwest Bank assigned all of Its right, title, and Interest Into the Mortgage to the Plaintiff. 8. The Defendant, is the current record and real owner of the aforesaid mortgaged premises. 9. The Defendant IS in default under the terms of the aforesaid Note and Mortgage for, Inter alia, failure to pay the monthly Installments of principal and interest when due. 10. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant has failed or refused to pay the principal balance, interest or any other portion thereof to Plaintiff. . . 11. Plaintiff was not required to send Defendant written notice of Plaintiffs Intention to i Foreclose Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage Is not a "residential mortgage" as defined in to 41 P.S. §101. 12. On or about February 8,1999, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983Take Action to Save Your Home From Foreclosure. A true and correct copy of said Notices is attached hereto as Exhibit "C". 13. The amount due and owing Plaintiff by Defendant is as follows: Principal $58,665.39 Interest thru 06/29199 $ 2,807.70 Attorneys' Fees $ 800.00 Title Search $ 50.00 Late Charges $ 198.32 Escrow Advance $ 877.12 TOTAL $63,398.53 14. Contemporaneously hereunder, Defendant has been advised of his right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "D" and made a part hereof. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure for the amount due of $63,398.53, with interest thereon at the rate of $13.37 per them from June 29, 1999, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. WELTMAN, WEINBERG & REIS CO., L.P.A. Jon A. McKechnie, Esquire i Attorneys for Plaintiff 2601 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #01682020 11 t}CHIBlT,-Al- c C. PENNSYLVANIA 4..waM 4,.M.hNwwl MORTGAGE NOTE LOAN # CMP-0906973 WYM 4r. M .THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE VETERANS ADMINISTRATION OR ITS AUTHORIZED AGENT." 60,150.00 CARLISLE •?•^^•N'r'x'• JANUARY 15, 1996 FOR VALUE RECEIVED, the undutlpnW, MICHAEL P L017S O R'r i! JA L hermiaftet coned the Mdor. premises to pay to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP a corporation org.NOed and sdedp Undo, the laws 01 THE STATE OFnd RYLAND undred Pia tl er. Mtelalur dealpnted es IM h a,1M pdnelpal cum el and no/100 Denys 11 60,150.00 1. with lniatesl lrem the data at the late it Eight and,no/100 per alntum 1 8.000 %1 par annum on the UMW balers. unto pale. The old pdnelpal and Interest shelf be payable at the *face of 114 E. LEXINGTON ST., 2ND PLR, BALTIMORE, MARYLAND 21202 a, at such ether piece as the holder may d.]oa, In wridnp lA manWY lrwlalkane of Four Hundred Forty One and 36/100 00116,111 441.36 I. commencing an the first day of MARCH 1996 led ant, Ent day at each month thetenler umi the principal and Interest ate NOV paid, except that the Chat payment of the endo indebtedness eold,t ed barley. If net aeoner pays. th.A be we and payable on the 0191 day at February 2026 ?rhdege Is reserved to prepay of any time, vAhwl poMum or fee. the ado Indebtedness or any pan thereof at loss than the amount of ime butanment, ar One Hundred Caere 10100.001, whichavet holess. Peopsyment In NO chat be vadted eo the date resolved: ?aNel payment, ether then on an Installment due date, mod at be credited umll the asst fotavol ng latdlnnnt due date at thirty days offer such prepayman% whichaWr Is target. Simultaneously with the aawtion of IN, Net* the Maker has ta,6,rbd and dallverod to the Payne a Mortgage assured upon cartel, pramlees ]tooled M the County of CUMBERLAND Comm r"IsIth of Perv,ayMni4 more paruoulady daseribed in the Mortgage. AE of the towns, eevenento, preMaioM, coMdene, odpula lone, and egrsameme contained In odd Mortgage to be kept and performed by the Maker ore hereby made a pan of tNe Nate to the era Mont end vAN the erne terse and afloat so if they wan fully set ford Mral,t and the Maker asveanls teed areas NO sort@. the tame. e, Ceuta the tam, to be kept and performed, strictly in accordance with the bane end predalona thereof. The whole of the principal ourn of any pan thereof, and of any ether owns of money, sssurad by the Mangove gMn to fewre tN1 More, chap, forthwllh, at the epdon of the Pays, at any oubeewent healer thane!, b,eama due and payable Immediately. vAlheat mdse at demand, It dslauit be mods in any payment undo, thle Note, and If IM default Inc at made good polar to the due data of the man such InnabanU or upon the happening of any dealt which, by rho tome of the 0 1M ?nel to duo awn Inge Note, shat angle the hale, or any subeswtat holder hereof, to days the acme. at any end payable. The Maker dare hereby ampowet any attorney of any own at record within the United Moles at alslwhe,a to mopes, bt Maker. with or wlllwut 1 declaration fded, and centres Mdgomtat or Mdgemate against NOW maker In law, at the Pays, or any eoblawmtholder hereof, as of any farm, farIM entlr•unpaid pdalpal of INa Note and all ether am, paWby the holder Mod to or on behalf of the Maker pursuant to the terms at Inge Nate of amid Mortgage. and ed errestago of Interest thotoeq together with costa of asite, attermeyrl camnlielon of RENT 10 % for collection, and a release of all error,, an wNCh Wgromen1 sacutien of erraamlens may beta IsnhvAth. The Maker hereby waives the right of Inpulmidpn an ed property Inced upon to ca.et Ihe lodablednees wid.need hereby and does wfuntadY coadamn the tame and eutherUa the Prothonotary to enter truth ca^domatiel% aad waive. and nbeos a laws, new In fares or hereafter enacted. r.Iadmg Is aamntion, app elaemom at at" of uawtion. sucaossaft and The singular benefits iar, a &W Include thhe pluIMF@ to. IN, ral, and the Plural tsingular. and 04 O.elpa l of the e1partia l hotels. Whenever sed and the us, it any pader shelf be applicable Is sup gender. IN VATNtSS W)RRE01, the Maker has cwrad that, presents to be executed undo, ad the day and W er first Abew writlan. In SWed eMD Am d In Ito Noooneeal• G.. ,5.. IS•all T?MIC L P LOVE 05.4 232 FAST LOUD¢R STSEEr CARLISLE, PA 17013 09011 THIS IS TO CERTIFY that INa la the Note duenbb in the secured by Moutpa110 01 even date herewith fecund m lad ntefa ]Hated In CUMIDRRLAND CTynty Commonwealth of Py4o INC Notary h1A,a I.MvwY v. b.10.1 MII eru ten IbIrkll fiW u.,- poll )YI I," aMenrM ESe0k1k'Wy fUdO pw.lw 1 Dee„a? MS ??HIB1T M IM Nit 14 ]. ,• . a4 M"i. N r.FY .W.w ere^" Wr a..,,NYM $90697] "THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE VETERANS AFFAIRS OR ITS AUTHORIZED AGENT." MORTGAGE dry of January M the Tar of our lad ns thanrrd nine THIS hundred undyed end OE, mad. the 96 15th , BETWEEN MICHAEL P LAVE thereinafter coped Mortgagor) VA PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP a corpaotlon agantnd and existing under the taws of THE STATE OF MARYLAND and having Its Pdndpat Since and Poetolnca address In 111 E. LEXINGTON ST., 2ND FLR, t BALTIMORE, MARYLAND 21202 (hardnalter coed Mongoose): ant of Sixty Thousand One Hundred Fifty YMESSTHt That the Mortgagor to Some the poym end no/100 Dollars it 60,150.00 1. with Interest Iran dote, at the rate at Eight and no/100 percr.ben per am" on the urnpold balance %net 8.000 the Mongoose . In monthty installments of Four pHU Hundred Note of from the as provided In a Mrtpoga 1996, and cnilmmo Doom to 441..36 t. commenat an the dfirst , except dap o1 Meroh therfter an the first be a an paya le day ayachmonth n such debt is blogy paM 26, Sndi disc to sooner the performance of i0 cavnsnts, by th first wo dry t February 2 be due n co an the epeamntpnd s and ea.ditlns e of each herein entolned, dan ace by Nese pesnts ant.4er77aln, seii, esslpn, reiaese, tnraeyy end cnMn to the oROUGH at CARLISLE . County and C real property Si of ?emIHthe to w Mortoaos COLL the following AND described SEE DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BEING THE SAME PREMISES WHICH BY DEED DATED OF EVEN DATE HEREWITH AND NTENDED TO PRIOR HER LANDIRECORDS OF ECUMBERLANDD000NTY, WASYGRANTED ANND CONVEYED BYE JAMES R JONES AND MARY C JONES UNTO MICHAEL P LOVE and THE BORROWERS HEREIN to n C- L'"I to is m r'n rv a el ?1 = M v M;q 3 optIn eo :tv =m 0 "Mt- pro j, .W ro n TOOETIIER with ail and Singular the buildings, vnProraments. and fixtures an said premises. u wan as ail additions a Improvements now or hereslter made to said premises, Ibest4 coops. poeSa9n, way, warm, water comex. rights, libettles, prbgeoes. 104 headtaments,r.dappurtnncsS whtsaever thwsnto belonging. N N my who ePpartair.v.g, end the rovenlnser.drams an' ShOld the M namaty nait, Issues. there which d erred to be ?ue. and arput o • natty. end eras a pertlnoof the securityra Ina Indebtedness hav M mawe' and shag probed, however, that the Montego, shod be entitled to colact and retain the sold tents, Issues, and profits until ddwlt hereundu: % TO HAVE AND TO HOLD sold property. hereby granted. with the appwtnnas, me odd Mortgages 10 Ill Own usil forever: w.eenr"ure Neare•ee E6odM rd:[ 716 m?-^I?MMM Y.1a1 rw. "en . . /y.1 M.1 ?/w /r/y 1' .... 'III-Iy'v\ S.. Mortgage& shell have the fight t Y any Wound rows, taus, essesemans, of and water rents, and all other changes and wins which Mortgage hes apaod to pay under the terms hanof, to advance aadpov •ny sums of money that M 112(ttdgement may be neceesary to perfect w mauve the title of the premises covered by this Matgags. a for Insurance Premiums Of for any wthwhod munalenence wwk. Any amount a smwnts to paid a advanced then be added to the principal debt, shag bear Interest at the rate provided lot in the principal Indebtedness Isom the dale of payment w advance, and Shelf be aimed by INS Mmgags stably with said principal debt and Interest thenon. Mortgages, at It option, also shelf be entitled to be suwo0eled to any Non. dolm, w demand paid by It, a discharged with money advanced by It and sesaed by this Mortgage. The payment and advances so made shag be payable In approximately equal monthly, payments, attending ova such periods n may be agreed upon by the Mortgagor and Mongoose, but not beyond the due date of the Mal Installment of the principal debt. In went at tenure to agrst an date of maturity, the whole of the sum w sums so paid at advwced shag be due and payable thirty 1701 days span demand by Mmgeose. 10. The Pon of this Mortgagee then remain In fug lace and offset during postponement or extension of the time of payment of the Indebtedness, or any pas thereof, which It somas. If. Upon the request or Mortgages. Mortgagor shall execute and deliver a supplemental Note of Notes for the own Of lame adrmcad w paid by Mortgages for the 4terstlon, modemltatIM a Improvements of the mortgaged prop" mode at Mortgagor's requesl and for maintenance of sold property, or ground rents, lust, as ssomenls. sewer had water refs. aim oil ether changes sad claims snatsed a levied against said property by the lawful authority, at to any other purpose ehawhere mthedsod hereunder. Said Note or Notes shag be tamed by this Monosi a an a parity with on es lug n If the amounts, stated In such Now ar notes were part of that stated In the Note hereby soared. Said supplemental Note w Notes shag bow Interest at the nu provIded for In the pMdpel ladebtadmas and shag be payable In approximately equal monthly payments for such period in may be agreed upon by Mortgaoor WA Mmgage@. In want of (Owe to ogres on date of maturity. the whole of the sum or sum so advanced or paid shall be due and payable thirty 170) days $ftar demand by Mongoose; but In no went shed my such maturity wdue date extend bgond the due dote of the Mal Inotalmnt of the principal debt. 12. If the Indebtedness tamed hereby be guaranteed or Inukul under Title 39. United States Coda, such T10a and Reguladons Issued the sunder and In effect m the data hereof shalt govem the rights, duties, and loblitln of the parties hoots, and any provisions of this or other Instruments executed In connection with sold Indebtedness which are InconaMnt with salt Title m Regulations we hereby amended to confirm th Cato. 12. If, at my time, a Writ of Execution IMmey Judgement) a other execution Is property Issued upon SjudOamant obtaktod upan said Non, or 11 an Action of Monosge Fwedeswe or any other appropdete action a Proceeding to landose a mortgage Is Instituted upon or under thls Mortgage, an attorney's cmtmisolm of TEN Der centum ( 10 %1 of said principal debt Shia be payable, and recovered In additlm to an principal rod Interest and en other recoverable sums then due. together with costs of Solt. 14. 11 any deficiency In the amaml of my aggregate monthly payment motioned In (b) of pwagraph 2 shelf not be made good by Mon0a0w prior to the due data of the nut such poymmt, w If default be mode at my time In my of the covnnb and agreements herein. a M the Noe sowed. then and In wry such cue, the whole principal debt then. at the opllm at the Mongoose, become due and payable Immediately. Payment thereof and an Interest scemed thereon, with an atlomey's corwNulon as hereInbefore mentioned, may be enfaeod and recovered at ance, anything herein contained to the cmtrary, notwithstanding. In the went of my breach of covenant, contrition. or agnemant of sold Note, or of this mortgage. It than be lawful to Mmigoges no enter upon an and singular the land, bugdings, and other, rights, corporeal and Incorporeal, grated by this Mortgage, WA to lake possession of the Sams, and of the fixtures and equipment therein. wad to here hold, menage tens to my Posn a persons, use and operas the more In such parcels and on such lama and for such periods of pme as Mortgages may doom proper In Its male dlsaatlm, Mongagor agreeing that he shag and will "honorer requested by Mongoose to to do, esslgn, kmdw, and deliver unto Mortgages any lees, w sublaaee: and to canter and receive an rents. hours. will proRtt of sold mortgaged p remises and every pan thweoft for an of which told Nate than be sufficient warrant whether or not such Ines, m sublime hat been assigned; and make from time to elm ao reasonable altamations, renovations. Spain, nplacemans thereto. Arter deducing the con of such allematims, renovations, npalrs, replacemenlb and the atpeness Incident to taking and retaining panndan of the mortgaged property, the management and operation thateol, had to kssping the aam, properly Insured, to apply my residue to such rents. louse, and profits to the payment of to) an ground rents. owes, charges, claims, wusemento, lower and wstw rents, and my other pens that may be prior In pan w payment to the debt secured by this Mwr000e. with Interest therem. Vol pentiums la said Imunce, with Interest nheren. (cl the Inurast and pMelpal du, and soared by this Mortgage with an costs and attorney's lees:. In such order w prlaity es Mmgegea may determine, my statute, law, custom, orl se to the contrary nclwithmanding. The taking of posusnin of the mortgaged Promises by Mortgages. to heroin provided, than not renese my dofablt by Matgagw, or prevent the enlacement of any of the nmedles provided by said Note w thie Mortgage. The remedies provided by sold Note and INS Mortgage at my other Indebtedness therein provided w sowed by this mortgage. and far the performance of the covenants, conditions and agreements, of said Not$ or this Mortgage we cumulative sad cancureent, and may be pursued singly or Successfully. or together, at the sole diswMm of Mortgages. wd may be eswelled in aftan es occalm therefw, shall occur. PROVIDED, that In came default shn be made In the payment of my Installment of principal and interest, a my other payment hweinabove or In the conditions of amid recited Nos provided fa, or In the keeping surd performance by the Mmoaga of my covsnmt or agresmml contained thereki or In this Mortgage to be by sold Mortgagor kept and perlwmod. In the manner and at the tkne specified la the pedammce thereof, such default will milts Mongoose forthwith to being and we out an actin of Mortgage Foreclosure wpm this Indmtws of mortgage. at to institute my other appropriate a otln proceeding to Imagine a Mortgage, and to proceed theism toludgement and execution, for recovery of told principal debt w sums and M Interest thenn and all other Sums hereby soared together with an attorneys comet issian for collection, es aforesaid, and costs and expenses of such proceeding, end to pursue my and is other appropriate legal a equllabliremewes In such coast provided without lahia stay of saamin or other propels. my law, usage, of warm to the eonuwy nothwilh twunno• Mmgagor aaprnefy wolves and uWquishes an benefit that may accrue by vitro$ of my and every law mad, or to be made exempting the mortgaged pt,Mses w my other premises m prppsny whatever, fast or personal, team attachment, levy, a sale under execution, a my put of the peaeeods wising form any sale thweol, and all benefit of any stay of aautlm or other process. Mortgagor hereby waives and eopngulshme unto me In Ina of the Mongoose. all benefit under an laws now In effect or heresfter passed to reties the Malgpa In my manner from the obngedans assumed In the Non for which INS indenture It security. Should the Veterans Administration far any reason loll or refuse to Issue the grmtse In the maximum amount permitted of the lam stand by this Mortgage under the provision of the Serviceman's Reallustment Act of 1944. of emended within sixty (401 days of the dote hereof, the Mortgages herein may at Its option. declare elf sums secured by this mortgage knmodist ly due and payable. ROXIM FACE 718 nMwhrlMx ve WmaKl M? Ma11 Yw1Y 1? then Iy, I M tl "w(^/ 1 . Vd,. Wt' (ANlexu Ltb.b, ANu Nbaumruurx ru' •t Mlucn NOTICE: THIS LOAN IS NOT ASSUMABLE WITH- OUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Is made this 15th day of January 1996 and is incorporated Into and shall be deemed to emend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (heroin 'Security Instrument') dated of even date herewith, given by the undersigned (heroin 'Bonower') to secure Borrower's Note to PROVIDENT MORTGAGE CORP. T/A CONSOLIDATED MORT CORP (MNin 'Lander') and covering the Property described In the Security Instrument and located at 232 EAST LOUTHER STREET CARLISLE,PA 17013 lrm,sny Add,enl V.A. GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: It the Indebtedness secured hereby be guaranteed or Insured under title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other Instruments executed in connection with said Indebtedness which ate Inconsistent with sold Title or Regulations, Including, but not limited to, the ptovislon for payment of any sum in connection with prepayment of the secured indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. LATE CHARGE: At Lender's option, Borrower will pay a'Iate charge' not exceeding four per centum (4%) of the overdue payment when paid more then fifteen 1151 days after the due date thereof to cover the extra expense Involved In handling delinquent payments, but such 'late charge' shall not be payable out of the proceeds of any silo made to satisfy the Indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire Indebtedness and all proper costs and expenses secured hereby. GUARANTY:. Should the Department of Veterans Affairs fall or refuse to issue Its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code 'Veterans Benefits,' the Mortgagee may declare the Indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided, TRANSFER OF THE PROPERTY: If ell or any part of the Property or ant; Interest in it is sold or transferred, this loan may be declared Immediately due and payable upon transfer ('assumption') of the property securing such loan to any transferee ('assumer'), unless the acceptability of the assumption and transfer of this loan is established by the Department of Veterans Affairs or Its suthcrized agent pursuant to Section 3714 of Chapter 37, Title 38 United States Code. An authorised transfer ('assumption') of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE; A fee equal to one-half of 1 percent 1.50%) of the unpaid balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the mortgagee or Its authorised agent, as trustee for the Department.of Veterans Affairs. If the essumer fails to pay this (as at the time of transfer, the fee shall constitute an additional debt to that already secured by this Instrument, shall bear Interest at the rate herein provided, and, at the option of the mortgagee of the Indebtedness hereby secured or any transferee there of, shall be Immediately due and payable. This fee is automatically waived If the simmer is exempt under the provisions of 38 U.S.C. 3729(b). lb) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption and transfer of this loan, a processing fee may be charged by the mortgagee or Its authorized agent for determining the credit worthiness of the assume, and subsequently revising the holder's ownership records when an approved transfer Is completed. The amount of this charge shall not exceed the lesser of the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies or any maximum prescribed by applicable State law. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation Is assumed, then the assumer hereby agrees to assume all of the obligation of the veteran under the terms of the Instruments creating and securing the loan, including the obligation of the veteran to Indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or Insurance of the indebtedness created by this Instrument. IN WITNESS WHEREOF, Borrowerls) has executed this V.A. Guaranteed Loan and Assumption Policy Ride C/ 1 P LOVE Beoewo pon.wn eenewo Berrswn FAVA.rM zne iODK 1'1.89 rw 721 _.,. • -? Atlantic Mortgage & Investment Corporation 7159 Corklan Drive Jacksonville, FL 32258 Investor NO.:JOO/L IMPORTANT: NOTICE OF HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS February 08, 1999 CERTIFICATE OF REGULAR MAILING LOAN NUMBER 629183 Michael P Love 232 E Louther St Carlisle PA 17013 RE: 'Client: Atlantic Mortgage & Investment Corporation Loan No. 629183 Property Location: 232 E Louther St Carlisle PA 17013 Dear Michael P Love Your mortgage with Atlantic Mortgage & Investment Corporation is in serious default because you have failed to pay promptly installments of principal and interest, as required, fo a period of at least sixty (60) days. The total amount of the dKinquet)cy is $ 2,229.26. This total includes the following: Payments of $ 720.54 •.;p.r month due on the first day of each month from December 01, 1998 to the date of this letter (a total of 3 months) and each month thereafter. $2161.62 DR115 Loan No. 629183 February 08, 1999 Late Charges of 28.82 per month due after the month from December 01, this letter (a total of and each month thereaft Page 2 fifteenth day of the 1998 to the date of 2 month 11 s) 57,69 sr. TOTAL DUE TO MORTGAGE COMPANY $2219.26 You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowner's Emergency Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure On your mortgage for thirty (30) days from the date of this notic&. 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 that 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. DR116 Loan No. 629183 February 08, 1999 Page 3 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: Atlantic Mortgage & Investment Corporation 7159 Corklan Drive Jacksonville, FL 32258 Attn: Bob Pilarski 1-800-288-2642. The names and addresses of designated consumer credit counseling agencies are attached. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. "Your application must be filed or postmarked, within t?irty (30) days of your face-to-face meeting." % ?, "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods :set forth in this letter, foreclosure may proceed against your home 'Immediately and you will forfeit your eligibility for assistance." Available funds for They will be disbursed by established by the Act. emergency mortgage assistance are very limited the Agency under the eligibility criteria DR063 Loan No. 629183 Page 5 February 00, 1999 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 Homeowner's Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowner's Emergency Assistance Application with one of the designated consumer credit counseling agencies. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. "Your application must be filed or postmarked, within (30) days of your face-to-face meeting." "It is extremely important that you file your application promptly. If you do not do so, or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately and you will forfeit your eligibility for assistance-", Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely important that your application is accurate and complete in every respect." The Pennsylvania Housiniveg Finance Agency ` has sixty (60) days to make a decision after it reces 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 Agenby of•?ts decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North numbers t are t(717) 780-3800 9 or Harrisburg, 342-23971 (toll free number). By: Robert P ara DR020 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, It will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any Information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the Instructions therein. Because of the difference In time parameters, doe will nod move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. EXHIBIT . VF.SIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S.14904 relating to unswom falsifications to authorities; that he/she is Jim M. Satterwhite AS9T. VICE Mt!S. ' of inliff herein, that (Title) he is duly authorized to makA this Verification.-and that the facts set forth In the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. JAN 5 11Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT No: 99-6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant ORDER OF COURT n AND NOW, to wit, this 5 day of -Zvnj-aj? 2000, upon consideration , of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Purstlant to'„ Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the PlYntiff-ls permitted to serve Defendant, Michael P. Love, with the complaint in mortgage foreclosure, by posting the property located at 232 East Louther Street, Carlisle, PA 17013 and by mailing the complaint by certified mall, return receipt requested and by first class mail, certificate of malting, to 232 East Loulher Street, Carlisle, PA 17013, with service to be complete and valid upon posting I r' -?t ' PLC l? IYc- ?v ?.b c) (zo /., Ln I ?I f???giczll? I J C andTailing? Kd: JSr7?? UU ?i .:A U..'.? Ltr?•?i\Y lW/ `^. C1.1 ?• BY THE COURT: J. WWR# 01682020 l amzu 6 • DO RKS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant NO. 99.6312 ISSUE NO. CODE: TYPE OF PLEADING: MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND ORDER OF COURT FIILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Jon A. McKechnie, ESQUIRE Pa. I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434.7955 WWR#01682020 PFr. :r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT No: 99.6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant. MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT And now, comes, Atlantic Mortgage & Investment Corporation, assignee of Provident Mortgage Corporation, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., I..P.A., and files this Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about October 15, 1999, Plaintiff filed a Complaint In Mortgage Foreclosure against Defendant, Michael P. Love, at the above-captioned number and term. 2. On or about October 18, 1999, the Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Action-Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with directions requesting that Defendant be served a copy of the Complaint in Mortgage Foreclosure at his last known address being 232 East Louther Street, Carlisle, PA 17013. r 3. On or about November 29, 1999, Plaintiff received an Affidavit of Service from the ' rl Sheriff of Cumberland County indicating that an attempt was made on November 2, 1999, to serve Defendant, Michael P. Love, with a copy of the Complaint in Mortgage Foreclosure. A true, and correct copy of the Sheriffs Affidavit of Service is marked Exhibit "X, attached hereto and made a part hereof. 4, An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant and the reasons why service of the Complaint in Mortgage Foreclosure cannot be made, Is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit Plaintiff to serve Defendant, Michael P. Love, with the complaint in mortgage foreclosure, by posting the property located at 232 East Louther Street, Carlisle, PA 17013 and by mailing the complaint by certified mall, return receipt requested and by first class mail, certificate of mailing, to 232 East Louther Street, Carlisle, PA 17013, with service to be complete and valid upon posting and mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. JJdh A. McKechnie, Esquire Pa. I.D, #36268 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS. LOVE MICHAEL P R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: LOVE MICHAEL P but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE NOT FOUND as to the within named defendant LOVE MICHAEL P DEFENDANT NO LONGER RESIDES AT ADDRESS STATED HOUSE IS VACANT, PAPER IS EXPIRED. Sheriff's Costs: So answe Jay Docketing 18.00 NOT FOUND 5.00 bnex"f Surcharge 8.00 I? Kline, omas $38ZII 11/29 1g99EINBERG & REIS Sworn and subscribed to before me this day of 19 A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT No: 99-6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant. PA. R.C.P. RULE 403 (a) AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A. McKechnie, WELTMAN, WEINBERG, & REIS.. L.P.A., attorney for the Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Michael P. Love, named In the above-captioned matter: 1. On or about December 7, 1999, Plaintiff sent a Postal Verification to the Postmaster for Carlisle. PA 17013. 2. On December 14, 1999, Plaintiff received a response from the Postmaster Indicating that the Defendant moved, left no forwarding address for 232 East Louther Street, Carlisle, PA 17013. A true and correct copy of the Postal Verification is marked as Attachment "A", attached hereto and made a part hereof. 3. Plaintiff conducted a search through directory assistance; said search failed to yield any information regarding the Defendants current address. 4. Plaintiff conducted a search In the Voters Registration Office of Philadelphia County; said search confirmed Defendant to be living at 232 East Louther Street, Carlisle, PA 17013. ,rerT 1E, 5. Plaintiff conducted a search in the Tax Assessment Office of Philadelphia County; said search confirmed Defendant to be living at 232 East Loulher Street, Carlisle, PA 17013. Finally, affidavit deposes and says that after the foregoing Investigation, the exact whereabouts of Defendant, Michael P. Love, remains unknown to the Plaintiff. Not arlil Soal 10m M. Jo w q. Notary PuM,c PMtatrur i. Alta rnonrr Count Cannrasgn Fxc?rrro Junu 12. M LMy VenatNrJ? Att?rytlt!n of Notarw:x Sworn-too ya?nd subscribed before me this 2 "day of le C , .'1999' Notary Public WELTMAN, WEINBER^G & REIS CO., L.P.A. Jon A. McKechnie, Esquire Pa. I.D. 1136268 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (413)434.7955 ATTACHMENT "°A" rii December 7. 1999 POSTMASTER CARLISLE, PA 17013 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the now address or the name and street address (if a boxholder) for the following: Name: MICHA EL P. LOVE Address: 232 E AST LOUTHER STREET CARLISLE PA 17013 NOTE: The name and last known address are required for change of address Information. The name, if known, and post office box address are required for boxholder Information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder Information. The fee for providing change of address Information Is waived In accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b, 1. Capacity of requester: Jon A. McKechnie, Esquire, Attorney for Plaintiff 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: Atlantic Mortgage & Investment vs. Michael a i oye 4. The Court in which the case has been or will be heard: Court of Common Pleas of Allegheny Co 5. The docket or other Identifying number if one has been Issued: 99.6312-Civil 6. The capacity in which this individual is to be served: D fe a t WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTIAN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFOMRATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above Information Is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. WELTMAN, WEINBERG & REIS CO., L.P.A. pw&jw. 2601 Koppers Building 436 Seventh Avenue 13 ig a ure Pittsburgh, PA 15219 Reglah M. Reynolds, Paralegal Printed Name FOR POST OFIFCE USE ONLY BOXHOLDER'SPOSTMARK Not know at address given. 1 Moved, left no forward address. ' No such address. No change of address on file. XXX PLEASE INDICATE PHYSICAL ADDRESS NEW ADDRESS or NAME and STREET ADDRESS WWR# 01403953 The undersigned hereby certifies that true and correct copies of the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of Court were mailed to the following on this day of heJZe Y)2, r , 1999, by first class, U.S. Mail, postage pre-paid: Michael P. Love 232 East Louther Street Carlisle, PA 17013 Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. Jon A. McKechnie, Esquire Pa. I.D. #36268 Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (414) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT No: 99.6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, V. MICHAEL P. LOVE, Defendant ORDER OF COURT AND NOW, to wit, this day of , 2000, upon consideration of the within Motion for Special Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff Is permitted to serve Defendant, Michael P. Love, with the complaint in mortgage foreclosure, by posting the property located at 232 East Louther Street, Carlisle, PA 17013 and by mailing the complaint by certified mail, return receipt requested and by first class mail, certificate of mailing, to 232 East Loulher Street, Carlisle, PA 17013, with service to be complete and valid upon posting and mailing. BY THE COURT: J. WWR# 01682020 w` - f?)? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT No: 99-6312 CORPOARTION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, ISSUE NO.: Vs. MICHAEL P. LOVE, Defendant CODE: TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT IN MORTGAGE FORECLOSURE FIILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: JON A. McKECHNIE, ESQUIRE Pa. I.D. #36268 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#01682020 r k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT NO: 99.6312 CORPOARTION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above-captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. NW-C"." Jon A. McKechnie, Esquire Pa. I.D. #36268 Attorneys for Plaintiff 2718 Koppers Building 3436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR #01682020 Sd s- 4 Q J V f .01 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ATLANTIC MORTGAGE & INVESTMENT VS LOVE MICHAEL P DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE (RE was served upon LOVE MICHAEL P the DEFENDANT , at 0014:00 HOURS, on the 2nd day of February , 2000 at 232 EAST LOUTHER STREET CARLISLE, PA 17013 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE (RE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 POSTING 6.00 Surcharge 10.00 .00 37.10 Sworn and Subscribed to before me this 1 So?- day of J?eQvt... , oZOZnJ A. D. Prothonotary So Ana t R. Thomas Kline 02/04/2000 WELTMAN, WEINBERG & REIS By: kJn: u n `? 6t t Deputy Sheriff P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff VS. MICHAEL P. LOVE, Defendant I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: do Waltman, Weinberg & Reis Co., LPA. 2718 Koppers Building 438 Seventh Avenue Pittsburgh, PA 18218 AND THE DEFENDANT IS: 28 McBride Ave. Carlisle, PA 17015.1941 WELTMAN, WEINBERG & REIS CO., L.P.A. No. 99.6312 PRAECIPE FOR DEFAULT JUDGMENT JON A. McKECHNIE PA I.D. NO. 36268 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7" Avenue Pittsburgh, PA 15219 (4121434.7955 BY: _ )N `1v\C'?Q y()- WWRN01682020 ATTaTtNEYS FOR PLAINTIFF its? THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY _r..;• INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F F .. `:F Dy IS r?:tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff VS. MICHAEL P. LOVE Defendant TO THE PROTHONOTARY: No. 99.6312 Kindly enter Judgment against the Defendant, Michael P. Love, above named, in the default of an Answer, in the amount of $71,284.17 computed as follows: Principal $ 58,665.39 Interest thru 3/6/00 at the legal Interest rate of $13.37 per diem $ 6,280.40 Late Charges through 3/6100 $ 377.12 Escrow Advance $ 2,866.16 Total Fees $ 482.50 Recoverable Balance $ 1,762.60 Attorneys fees $ 800.00 Title Search $ 50.00 TOTAL $ 71,284.17 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates Indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JON 9. McKECHNIE Waltman, Weinberg & Fels Co., L.P.A. t 2718 Koppers Building :kt 436 7° Avenue y Pittsburgh, PA 15219 (412) 434-7955 t ' +I ilk 7 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further slates that the information Is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN. WEINBERG b REIS CO., L.P.A. By: JON X. McKECHNIE Wellman, Weinberg 8 Reis Co., L.P.A. 2718 Koppers Building 436 7' Avenue Pittsburgh, PA 15219 (412) 434-7955 ;h l3a 5:p 4 Y.F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION Plaintiff VS. MICHAEL P. LOVE Defendant TO: Michael P. Love 232 East Louther Street Carlisle, PA 17013 Dale of Notice: February 24. 2000 Civil Action No. 99-6312 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By:1TMQ Jon X. McKechnie, Esquire PA. I.D.#36268 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Soventh Avenue Pittsburgh, PA 15219 412-434.7955 WWR 1!01682020 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , J . v. ?, N l? ?J'; t3- LN O -• N ?f? ^ (L z 3 L ` 6Z °o V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, NO: 99-6312 VS. MICHAEL P. LOVE, PRAECIPE FOR WRIT OF EXECUTION FOR MORTGAGE FORECLOSURE Defendant ?f Filed on Behalf of: Plaintiff Counsel or Record for this Party Jon A. McKechnie PA I.D. #36268 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7" Avenue Pittsburgh, PA 15219 WWR #01682020 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant NO: 99-6312 PRAECIPE FOR WRIT OF EXECUTION Ii TO THE PROTHONOTARY: Kindly Issue a Writ of Execution In the above matter 1. directed to the Sheriff of Cumberland County 2. against Defendant 3. Judgment Amount Interest at the rate of $13.37 per diem from 3/6/00 to 9/6/00 5. Late Charges thru 9/6/00 $ 71,284.17 $ 2,460.08 $ 172.92 $ 73,917.17 With continuing Interest at the aforesaid rate plus appropriate additional attorney fees and costs. Costs (to be added by Prothonotary) Dater Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 \ b v (\ \ \ rv atr1, ?- I cn taw ?V) ?- CZ rn s 0- j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, NO: 99-6312 Vs. MICHAEL P. LOVE, Defendant AFFIDAVIT PURSUANT TO RULE 31291 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Atlantic Mortgage & Investment Corp. assignee of Provident Mortgage Corporation, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Michael P. Love, located at 232 East Loulher Street, Carlisle, PA 17013 and Is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF MICHAEL P. LOVE OF. IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 1sT WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 232 EAST LOUTHER STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 133, PAGE 1173, PARCEL NO. 02-21.0318- 340. Michael P. Love 26 McBride Avenue Carlisle, PA 17015 Michael P. Love 26 McBride Avenue Carlisle, PA 17015 'i i 1. The name and address of the owners or reputed owners: 2. The name and address of the Defendants in the judgment: 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Atlantic Mortgage & Investment Corporation, PLAINTIFF assignee of Provident Mortgage Corporation Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 4. The name and address of the last record holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, PLAINTIFF assignee of Provident Mortgage Corporation 5. The name and address of every other person who has any record lien on the property: NONE 6. The 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. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations Pennsylvania Sales & Use Tax Claim Bureau 13 North Hanover Street Carlisle, PA 17013 PA Department of Revenue Office of Chief Counsel 10'" Floor, Strawberry Square Harrisburg, PA 17128.1061 The Information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it Is not Intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity Is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein In formulating bids which might be made at the sale of the property. I verify that the statements made in the 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.A. 54904 relating to unsworn falsification to authorities. An A. McKechnie Attorneys for Plaintiff Swor" and subscribiffil before me this , day'Q , 2000. Notarial Seal Gina L. Duncan-Miller. Notary Public Pittsburgh, Allegheny County My Commission Expires April 9, 2001 Member. Pennsylvania ASSnoimloo of Notaries k ti A. r# d NINO , i 'prhlC.t h' ' 4 tµr x cc c +v y u. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, NO: 99-6312 VS. MICHAEL P. LOVE, Defendant AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public In and for the said County and Commonwealth, personally appeared ion A. McKechnle, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 232 East Louther Street, Carlisle, PA 17013, is Defendant, Michael P. Love, who resides at 26 McBride Avenue, Carlisle, PA 17015, to the best of his information, knowledge and belief. JON A. MCKECHNIE, ESQUIRE Wellman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7'" Avenue Pittsburgh, PA 15219 (412) 434-7955 SW o and subscr' d before me this day.o 2000. to Pub Ic Notarial Seal Qine L. Duncen•MBler, Nog Pittsburgh, Allegheny My Commission E><plro5 AMember. Pennsylvania ASSeDla c ' tr I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, NO: 99-6312 VS. MICHAEL P. LOVE, Defendant AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P S 101, ET SEQ AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Jon A. McKechnie, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice of Plaintiffs Intention to Foreclose Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined into 41 P.S. §101. Additionally, on or about February 8, 1999, Defendant was mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983Take Action to Save Your Home From Foreclosure. The foregoing statement is true and correct to the best of my knowledge, Information and belief. JON A. MCKECHNIE, ESQUIRE Wellman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7'h Avenue Pittsburgh, PA 15219 (412) 434-7955 Swor and subscr' ed before me, this day , 2000. r OTAR UBLIC No" al Seal F"Llnross can•M'IlerNotary Puboc AlleOeny Co' 912001 F P es Ap , Assccaoan of tlolanet r I. m <<? t r :i- t.: _I . ? : 7 d ll ip"` ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF MICHAEL P. LOVE OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 1ST WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 232 EAST LOUTHER STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 133, PAGE 1173, PARCEL NO. 02-21-03118- 340. CIVIL ACTION NO: 99-6312 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant .I NO: 99-6312 LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by East Louther Street; on the East and South by property now or formerly of Sue Anna Smee; and on the west by land now of formerly of Paul J. Smith. CONTAINING 45 feet In front on East Louther Street and extending at an even width southwardly 86 feet 7 314 Inches to the land formerly of Sue Anna Smee. HAVING thereon erected a two-story dwelling house as Number 232 East Louther Street, Carlisle, PA. BEING the same premises which James R. Jones and Mary C. Jones, as husband and wife, by Deed dated January 13, 1996 and recorded on January 17, 1996 at Deed Book Volume 133, Page 1173 !I and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Michael P. Love, single. WELTMAN, WEINBERG 8, REIS, CO., L.P.A. Jon A. McKechnle Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, NO: 99-6312 VS. MICHAEL P. LOVE, Defendant TO: MICHAEL P. LOVE NOTICE OF SHERIFF'S SALE OF REAL ESTATE TAKE NOTICE that by virtue of the above Writ of Execution Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on September 6, 2000, at 10:00 A.M., the following described real estate, of which Michael P. Love Is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF MICHAEL P. LOVE OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 1sT WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 232 EAST LOUTHER STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 133, PAGE 1173, PARCEL NO. 02-21-0318- 340. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant at Execution Number 99-6312 in the amount of $73,917.17, with appropriate continuing Interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be riled with the Sheriff before the above sale date. Claims to proceeds must be made with the office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the office of the Sheriff no later than ten (10) days from the dale when Schedule of Distribution Is filed in the Office of the Sheriff. The Writ of Execution has been Issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249.3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to slay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. Jon A. McKechnie, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant NO: 99-6312 LONG FORM DESCRIPTIO ALL that the Borough of Carl slr e, Cumberland County, Pennsylvania, bounded and described situate as follows: Wsrd of tract of land with the improvements thereon erected 04 the North by East Louther Street; on the East and South by property now or formerly of Sue Anna Srnee; and on the west by land now of formerly of Paul J. Smith. CONTAINING 45 feet in front on East Louther Street and extending at an even width southwardly 86 feet 7 3,14 inches to the land formerly of Sue Anna Smee. HAVING thereon erected a two-story dwelling house as Number 232 East Louther Street, Carlisle, PA. BEING the same premises which James R. Jones and Mary C. Jones, as husband and wife, by Deed dated January 13, 1996 and recorded on January 17, 1996 at Deed Book Volume 133, Page 1173 and recorded in the Recorder's Office of Cumberland County, granted and conveyed to Michael P. Love, single. WELTMAN, WEINBERG & REIS, CO., L.P.A. Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 tr e STATE OF PENNSYLVANIA, i OUNTY OF CUMBERLAND SS. C Robert P Ziegler h --------------------------------------------------- ------- Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ---------------- Department of Veterahs Affairs -------- ---•-------------------------------------------------------_ u the grantee the same having been sold to said grantee on the ---------- Oth-------------------------------- day of SP. p-t----------------------------------- A. D., - --- -QO, under and by virtue of a writ______________ Execution ' ---- --cuts -----------------------------------issued on the __________ 131h --------------------- day of -------- 411AP -------------- A. D., 00 ------ out of the Court of Comman Pleas of said County as of Civil 1999 -°--------------------------- -------------------------------------------------- Term, .----- Number_____?312___,atthesuitof___ Atlantic Mtg & Inv Corp assignee of f? rov I ifs ri ce 'Fft g 'Co'r p-------------------------------- ___- against ----------- hUchap.1-2-lanyp --------------------- is duly recorded in Shcrifrs Deed Book No ------246-------- Page -----------223 IN TESTIMONY WHEREOF, I have hereunto set my Wd and seal of said office this day of of Deeds If EWatha fins tll=WofAL2W Atlantic Mortgage & Investment Corporation, assignee of Providence Mortgage Corporation -vs- Michael P. Love In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-6312 Civil Richard E. Smith Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 at 7:52 o'clock P.M. EDST, he served a true copy of real Estate Writ Notice Poster and Description in the above entitled action upon the defendant to wit: Michael P. Love, by handing to Michael P. Love at 26 McBride Avenue, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copies of the same. Richard E. Smith, Deputy Sheriff, who being duly sworn according to law, says on July 11, 2000 At 3:57 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Michael P. Love located at 232 East Louther Street, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he served the above Real Estate Writ Notice Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to Michael P. Love by regular mail to 26 McBride Avenue, Carlisle, Pennsylvania. This letter was mailed under the date of July 12, 2000 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the above described premises at public venue or outcry at Court I louse, Carlisle, Cumberland County, Pennsylvania on September 6, 2000 at 10:00 o'clock A.M.EDST and sold the same for the sum of $ 35,000.00 to Attorney Leon Haller for Department of Veterans Affairs. It being the highest bid and best price quoted for the same Department Of Veterans Affairs of 1240 East 9'" Street, Cleveland, 01 1 being the buyer of this execution paid to Sheriff R. Thomas Kline the sum of $ 1,581.53 it being costs. Sheriff's Co:,ts: Docketing 30.00 Poundage 700.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 6.20 Certified Mail .74 Surcharge 20.00 Levy 15.00 Legal Search 200.00 Law Journal 237.50 Patriot News 225.56 Share of Bills Distribution of Proceeds Sheriffs Deed 23.53 25.00 26.50 S 1,581.53 Pd by atty 6/1/01 Sworn and Subscribed To Before Me This qnt' Day ot?T'P7- 2000,A.D. honotary So? .rs?( R. Thomas Kline, Sheriff By Real Estate Deputy Sq? 4$ ? AOL ?? SCHEDULE OF DISTRIBUTION SALE # 47 Date filed October 3,2000 Writ No. 1999.6312 Civil Atlantic Mortgage & Investment Corporation, Assignee of Provident Mortgage Corporation .vs. Michael P. Love 232 East Louther Street Carlisle, PA Sale Date September 6, 20000 Buyer Attorney Leon P. Haller for Atlantic Mortgage & Investment Corporation Assignee of Provident Mortgage Corporation Bid Price $ 35,000.00 Real Debt Interest 13.37 per diem fr 3/6/00 to 9/6/00 Atty Writ Costs $71,284.17 2,460.08 143.20 Total $73,887.45 DISTRIBUTION Amount Collected Sheriffs Costs Legal Search 1,581.53 1,381.53 200.00 $ 0,000.00 So Answi??': /ly'?' R: T? as Kline, She By Real Estate Deputy TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE. NO. 47 Held Wednesday, September 6, 2000 Date: September 6, 2000 TAXES: Receipts for all taxes for the years 1997 to 1999 inclusive. Taxes for the current year 2000. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services arc lienable. MECHANICS' AND Possible unfrled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2000, and recorded 2000, in Cumberland County Deed Book Page RECITAL: Being the same premises which James R. Jones and Mary C. Jones, his wife, by Deed dated January 13, 1996 and recorded January 17, 1996 in the Office of The Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book 133, Page 1173 granted and conveyed to Michael P. Love. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of panics in possession, if any, other than the owner. 3. Unrecorded casements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of sixty feet wide Fast Louther Street. 6. Mortgage in the amount of $60,150.00 given by Michael P. Love, to Provident Mortgage Corporation trading as Consolidated Mortgage Corporation dated January 15, 1996 and recorded January 17, 1996 in Mortgage Book 1299, Page 716. Assigned to Provident Bank of Maryland by instrument recorded in Miscellaneous Record Book 512, Page 117. Assigned to Pacific Southwest Mortgage Corporation by instrument recorded in Miscellaneous Record Book 542, Page 864. Further assigned by correction of assignment to Pacific Southwest Bank by instrument recorded in Miscellaneous Record Book 567, Page 853. Complaint In Mortgage Forcelmure filed Atlantic Mortgage and Investment Corporation, assignee of Provident Mortgage Corporation as Plaintiff against Michael P. Love as Defendant on October 15, 1999 In the Office of the Prothonotary of Cumberland County to Fi1c No. 99.6312. EX-fault Judgment in the amount of $71,284.17 entered March 22, 2txx1. Uniform Commercial Code Financing Statement entered by Stone Street Capital, Inc. as Plaintiff against Michael P. Love its Defendant on February 25, 1997 in the Office of the Prothonotary of Cuniberlnd County to File No. 97-998. Said Financing Statement is not filed in the Office of the Recorder of Deeds as a lien on real estate by may secure property in the subject premises. 8. Judgment in the amount of $2,553.03 entered by Cumberland County Adult Probation its Plaintiff against Michael Patrick Love as Defndant on April 26, 1999 in the Office of the Prothonotary of Cundwrland County to File No. 99-2455. 9. Delinquent sueport obligations indexed by the Domestic Relations Office of Cumberland County in the Office of the Prothonotary of Cumberland County as being due and owing as of Septenller I, 2000. 10, Satisfactory evidence to be produced that proper notice was given to the holders of all lien% and encumbrances intended to be divested by subject Sheriff Sale. 11. Satisfactory evidence to he produced that Atlantic Mortgage and Investment Corporation had standing to net Its plaintiff in the mortgage foreclosure where the last assignee of record of the mortgage is Pacific Southwest Dank. 12. Real estate htxes accruing on and after January I, 2001 not yet due and payable. It Is to be noted that no certification hus been obtained from the Domestic Relations Office to determine the extent of supporl arrearages regarding House Bill 1412, Act 58 of 1997, nor hits tiny search been [nude for environmental liens In Federal District Court. Robert G. Frey, Agent Nom: This Title Report shall not be until countersigned by an authorized t i , REAL ESTATE BALE NO. 47 Writ No. 1999.8312 Civil ABantlc Mortgage & Investment Corporation, assignee of Provident Mortgage Corporation VS. Michael P. Love Atty.: Jon A. McKechnle LONG FORM DESCRIPTION ALL that certain tract of land with the Improvements thereon erected situate In the First Ward of the Bor. ough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by East Louther Street; on the East and South by prop. erty now or formerly of Sue Anna Smee; and on the west by land now of formerly of Paul J. Smith. CONTAINING 45 feet in front on East Lowther Street and extending at an even width southwardly 88 feet 7 3/4 inches to the land formerly of Sue Anna Smee. HAVING thereon erected a two. story dwelling house as Number 232 East LoutherStreet, Carlisle. PA. BEING the same premises which James R. Jones and Mary C. Jones, as husband and wife, by Deed dated January 13, 1998 and recorded on January 17. 1998 at Deed Book Vol- ume 133, Page 1173 and recorded In the Recordee3 Office of Cumberland County, granted and conveyed to Mi. chael P. Love, single. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, , NO: 99-6312 vs. MICHAEL P. LOVE, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Atlantic Mortgage & Investment Corp. assignee of Provident Mortgage Corporation, Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following Information concerning the real property of Michael P. Love, located at 232 East Louther Street, Carlisle, PA 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF MICHAEL P. LOVE OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 1sT WARD OF THE BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 232 EAST LOUTHER STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 133. PAGE 1173, PARCEL NO. 02-21-0318- 340. 1. The name and address of the owners or reputed owners: Michael P. Love 26 McBride Avenue Carlisle, PA 17015 2. The name and address of the Defendants in the judgment: Michael P. Love 26 McBride Avenue Carlisle, PA 17015 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Atlantic Mortgage & Investment Corporation, PLAINTIFF assignee of Provident Mortgage Corporation Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 4. The name and address of the last record holder of every mortgage of record: Atlantic Mortgage & Investment Corporation, PLAINTIFF assignee of Provident Mortgage Corporation 5. The name and address of every other person who has any record lien on the property: NONE 6. The 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. The name and address of every other person whom the Plaintiff has knowledge who has any Interest in the property which may be affected by the sale: Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 Domestic Relations ., Pennsylvania Sales & Use Tax Claim Bureau 13 North Hanover Street Carlisle, PA 17013 PA Department of Revenue Office of Chief Counsel 10" Floor, Strawberry Square Harrisburg, PA 17128-1061 ? a The Information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity Is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in formulating bids which might be made at the sale of the property. I verify that the statements made in the 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.A. §4904 relating to unsworn falsification to authorities. J n A. McKechnie Attorneys for Plaintiff Sworrnd subscribOlf before me this dpy? 2000. Notary Public =Duncan-Miller. l y County s Ap 119. 001 ,: r, Pows"nia AsSnOtibn of 1,1010ee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, , NO: 99-6312 VS. MICHAEL P. LOVE, Defendant NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: MICHAEL P. LOVE TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale In the 2nd Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA Y on September 6, 2000, at 10:00 A.M., the following described real estate, of which Michael P. Love is the " owner or reputed owner: fs` ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF MICHAEL P. LOVE OF, IN AND TO: rs ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE 1r WARD OF THE z BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA, HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 232 EAST LOUTHER` e STREET, CARLISLE, PA 17013. DEED BOOK VOLUME 133, PAGE 1173, PARCEL NO. 02-21-0318 F?F'a 340. ` °'L= :3 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant at Execution Number 99-6312 in the amount of $73,917.17, with appropriate continuing interest. attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the office of the Sheriff before distribution. Schedule of Distribution will be filed with the office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been Issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU D F ND OUT WHERE YOU CAN GET. GAL ADV CEELEPHONE THE OFFICE SET FORTH BELOW TO Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ; 717-249-3166 ; You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly rile a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the Issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect In the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG 8 REIS, CO., L.P.A. Jon A. McKechnie, Esquire Attorneys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, , Plaintiff, VS. MICHAEL P. LOVE, Defendant NO: 99-6312 LONG FORM DESCRIPTION ALL that certain tract of land with the Improvements thereon erected situate In the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by East Louther Street; on the East and South by property now or formerly of Sue Anna Smee; and on the west by land now of formerly of Paul J. Smith. CONTAINING 45 feet In front on East Louther Street and extending at an even width southwardly 86 feel 7 3/4 Inches to the land formerly of Sue Anna Smee. HAVING thereon erected a two-story dwelling house as Number 232 East Louther Street, Carlisle, PA. BEING the same premises which James R. Jones and Mary C. Jones, as husband and wife, by Deed dated January 13, 1996 and recorded on January 17, `1996 at Deed Book Volume 133, Page 1173 and recorded In the Recorder's Office of Cumberland County, granted and conveyed to Michael P. Love, single. WELTMAN, WEINBERG & REIS, CO., L.P.A. Jon A. McKechnie Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-6312 CIVIL 14 Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, Interest and costs due Atlantic Mortgage a Investment Corporation assignee of Provident Mortgage Corporation PLAINTIFF(S) from Michael P. Love, 26 McBride Avenue, Carlisle, PA 17015 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell spa tM,at_ n?intinn (2) You are also directed to anaoh 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/are enjoined from paying anv debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposirp thereof; (3) 11properlyof the defendant(s) not levied upon an subject to attachment Is found Inthe possession of anyone other thana named garnishee, you are directedto notify hinvherthat he/she has been added as agarnlshee and Is enjoined as above stated. Amount Due 71 284.17 at the ra e o per deim If ram Interest _V-640 to 916100-$7 460-0a--- Ally's Comm Ally Paid $143.20 Plaintiff Paid Date: June 13, 2000 REQUESTING PARTY: Name Jon A. McKechnie, Es Address: 2718 Koppers Building 436 Seventh Avenue VA 15219 Attorney for: Plaintiff _ Telephone: 412-434-7955 Supreme Court ID No. 36268 L.L. $.50 Duo Prothy--_____"O Other Costs Late Charges thru 9/6100 - $172.92 Curtis R. Long Ptolhonolary, Civil Division Dapury ?..,... .,, _...__. -..:, ..,.ate. ,?? ......: ?... 1` +.??.???.+y REAL ESTATE SALE NQ?K' Un g"? Iy. ?+-•-d the sheriff IvM upon the defendams Interest In the real property situated In l - D... d- ! ? Cumberland County, Pa., known and numbered as: 93;L ??•?..t ?_ c;M djl? - and more tu, ,Abed on Exhibit "A" filed with CM c this writ and oy this reference mrorporated herein. GEI ova gate: ? By• i7 ?.a P ',n r 4 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Afffant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RLIL ESTATE 8111.E NO. 47 writ No. 1999.8912 Civil Atlantic Mortgage M Investment Corporation. assignee of Provident MortgaV Corporation vs. Michael P. Love Ally.: Jon A. McRechnle LANG FORM DFSCRIPnON ALL that certain tract of land with the improvements dereon erected situate in the First Ward of the nor" ouglt of Carlisle. Cumberland County. ,kmuylvarda, bounded and described as follows: ON the North by Fast Louthcr Stmt' on llle Fast and Sorilh by prop" ,,,.... «,.... n. fn.m,ov of Snn Anttn Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this _ I 1 day of AUGUST. 2000 LOIS E. SNYMA, Notary PLAAC Cotfirl* Mro, Cumberland Caunly, ?A My CommiWon En?irer March 5. 2001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly 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, JULY 28, AUGUST 4, 11, 2000 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATL Bxr! NO. 47 Writ No. 1999.8312 Civil Atlantic Mortgage h Investment Corporation, assignee of Provident Mortgage Corporation Vs. Michael P. Love Ally.: Jon A. Mcliechnle LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in the First Ward of the Bor- ough of Carlisle. Cumberland County. Pennsylvarua,hounded anddescribed as follows: ON the North by East louther Street: on the Fast and South by prop- erty now or formerly or Site Anna Since: and on the west by land now of formerly of Paul J. Snuth. CONTAINING 45 feet in front on Fast LoutherStml and extending at an even width southwardly 86 feet 7 3/4 inches to the land fonrerly of Site Anna Since. HAVING thereon erected a two- story dwelling house as Number 232 East Lauther Street, Carlisle, PA. BEING the sane premises which Janes It Jones and Mary C. Jones, as hushand and wife, by feed dated January 13. 1990 and reconlerl on January 17, 199(1 at need lkx)k Vol. ume 133. Page 1173 and recorded In the Recorders orrice of Cumberland county. granted and conveyed to en- chant P. Love, single. Roger M. Moorrgge!ntthal?, Editor SWORN TO AND SUBSCRIBED before me this -- ]_day of AUGUST. 2000 LOIS E. SNYDER. Notary Pobk Codido Soro, Cumb"ricl CewNy, ?A My Cammirlon Expires Morh 3, 7001 1 f< 1 s 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Commonwealth of Pennsylvania, County of Dauphin) as James L. Clark being duly sworn according to law, deposes and says: That he is tho Accounts Receivables 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 Markel 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 over since; That the printed notice or publication which Is securely attached hereto is exactly as printed and published In their regular daily and/or Sunday and Metro editions/issues which appeared on the 1st, 8th and 15th day(s) of August 2000. That neither lie nor sold 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-Nows 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 Mlgtollanoous Book 'M', Volume 14, Pago 317. 7 PUBLICATION COPY SALE 94 REA 4'1 Jed -:?aia.rc:r ON the ncc Eat a 30th Notarial Sea, Terry L. Russell. Notary Puolic iiaunsourg, DaupNn Cuunry My Corrcurslors Ew0fri June 6, 2007 Member, Pennsparxa Association of NOWFAY A.D. NOTARY PUBLIC commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE M CUMBERLAND COUNTY COURTHOUSE Auef CARLISLE, PA. 17013 r Statement of Advertising Costs + To THE PATRIOT-NEWS CO., Dr. IdtnM For publishing the notice or publication attached V . if Und uith ,M horoto on the above stated dates $ 224.06 A Atu+te In the Probating same Notary Foo(s) $ 1.50 of ?Carl"Ile; Total $ 225.56 a,t l oulher Stress; on isherAs Receipt for Advertising Cost ?list net 6"' t of hull.5mtth. shor of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general het in trop, m U,t receipt of the aforesaid notice and publication costs and certifies that the same have it at an aen ridlh THE PATRIOT-NEWS CO. VI inches to the bpi thereon Crossed a t""M r as Number 1112 ti,, Iouther stree,, Carlisle, PA. BUNG the agilepoernIse which fame, p, ions and MAry C)one% as husband and or, by Iked dahJ lanuapp 11 19% and recorded an January 17, 1996 at Urcd Rini lbtume 131 little 1173 and rocorded in the Recoedds Otfrn of Cumb,+bnd Coum%,- Ranted and comelcd to %Ikhml P. ,rues By .................................................................... Real Estate No 47 $ 1000.00 Advance Costs Paid 0614/00 Atty Jon A. McKechnie Assessed valuation $ 3130 Writ No. 1999-6312 Civil Atlantic Mortgage & Investment Corporation, As assignee of Providence Mortgage Corporation .vs. Michael P. Love 232 East Louther Street Carlisle, PA Real Debt $71,284.17 Interest 13.37 per diem fr 03/06/00 to 09/06/00 2,460.08 Atty's Fees Atty's Writ Costs 143.20 Escrow Late Charges Sheriffs Costs Docketing 30.00 Poundage 700.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 County 1.00 Mileage 6.20 Certified Mail .74 Levy 15.00 Surcharge 20.00 i Postpone Sale Out of County Legal Search 200.00 y' Law Journal 237.50 Patriot News 225.56 Share of Bills 23.53 x' Distribution of Proceeds 25.00 Sheriffs Deed 26.50 `- Taxes Sewer & Water 12.97 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT NO: 99-6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P, LOVE, Defendant. TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of., Plaintiff Counsel or Record for this Party: Jon A. McKechnie PA I.D. #36268 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7 h Avenue Pittsburgh, PA 15219 WWR #01682020 { x '1n 9 t. . t ?,h e ac Sts `reL st ?{r IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT NO: 99-6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and says that a copy of the Notice of Sheriffs Sale has been served on each of the following Lienholders by Certificate of Mail on June 14, 2000. True and correct copies of said certificates of mail are attached hereto as Exhibit "A". WELTMAN, WEINBERG & REIS, CO., L.P.A. NMWSOW DoM A•vw Na.n A courty my cwfwrj E?July 19- 204 Jon A. McKechnie Attorneys for Plaintiff 2718 Koppers Building ,sywxnaAM0d&Wd1`4M"' 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Sworn to and subscribed before me T i `s1 day of ,{, /1!j-A l 2000. Notary Public iJ ix g< u mm r ?Q 11gy".. 1:i.4:' d; So, no ; r f It n 3 I 1 6a N m 0 1 1 IJ ITT J o rj _ ti a a N C (`e ? n D W czn CI A s o P C F• O D 0 G) 4 m ,a b m b s (b 39t11S0d'S'n d,00;; n9 V d 0 9. 0 i U.S POSTAL SERVICE CE IFICATE OF MAILING- MAY IE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOE5 NOT PRO' :FOR INSUAANCE-POSTMASTER RacewM From•••• ••- +1n F, ^•'F 1 1 n+ JU .1G1 k.,nu3 - -- r:;' 11? v III 5?TrT950Z One piece I era, a ,fed ad • 10 ? S o• 1•' C?I(eoV _(ptcys(o CAA )7n13 = r le l'T ? rrr in c o N CT n c m t1f PS Form 3817, Mar. 1989 u.S P STAL SERYIw CERT ffif For= MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ':3 a'=3}33MG L REIS CO., L.P.A. t 7 P At ?= PI" W,?..,a 15910-9502 J Ona Pace arR,A add, F7!d o: 1 JVV Y \"? ManoufJl_Sir•P, ?c- Ea^\ulu PA 17013 PS Form 3817, Mar. 1989 LOIL POSTAL VI CERTIFICATE OF MAILINQ.- MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Ract,Wd From. G"- iM-.90 b REIS CO.. L .P.I?. • f9C, OnL c na k5?19.0502 0+• puce of ordmuY mul idGlHO ?'. V PA Depa'rtrn ni of Revenue - Office of Chief Counsel - 10th Floor, Strawberry Square - - Harrisburg, PA 17128 - PS Form 3817, Mar. 1989 b I-r v o??l n o m fft ?ye??eE?+?KR• i S K e III I) In o •O o ? a o M III I ? ? ?' - 1, ? N ?% ] ??C ? C,) ? ??i : ? i?l,?_t ' f ?! ?.. 3 ( •:: N ? 1:.? ? L? ? l` G r ? (?C:. ?1 ?? ? u ., ' ?„ ? i, y x .k 1 u? -. 3? ! b 2 4?? f s3 . ??'!ryry'c Y E Jy ???y{µ?C'?}"?Y? Y!• ?11t - + ?T.. } i ry''?((((> € ?. } t??A 1{ h.f ?y' t f y;Jl < .?' ('n° r s .5 ?'?.? )1N e yw 1 ? ?? t? 43 ?;?r ?4 i?, ? kw? wa a", a:?:. ?.+ , .; d$`. ?r4^ d f?c( .'?it , ?k"(.r *i i5:fo ?? ? e J 1 ? ?y 1« IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT NO: 99-6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant. TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT Filed on Behalf of: Plaintiff Counsel or Record for this Party: JON A. McKECHNIE PA I.D. #36268 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7'" Avenue Pittsburgh, PA 15219 WWR 401682020 a ?a )d' fi:t rrly ?_ Ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA CIVIL DIVISION ATLANTIC MORTGAGE & INVESTMENT NO: 99.6312 CORPORATION, assignee of PROVIDENT MORTGAGE CORPORATION, Plaintiff, VS. MICHAEL P. LOVE, Defendant. SUPPLEMENTAL AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Jon A. McKechnie, Esquire, who according to law deposes and states that a copy of the Notice of Lienholders and Other Parties of Interest Pursuant to PaR.C.P. 3129.2(c) has been served on the following additional Ilenholders or other parties of Interest, that were not Included in the original 3129.1 Affidavit, on July 29, 2000: Cumberland County Adult Probation 1 Courthouse Square Carlisle, PA 17013 WELTMAN, WEINBERG & REIS, CO., L.P.A. aay Luc J A. McKechnie co,miy Attorneys for Plaintiff '1D 2718 Kopp ers Building """°".AS?a?nr MMM 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 Sworn to and subscribed before me Thi S4 day of 1, ?i. .2000. ec otary Public ? v M 230 436 1 Kop,,-., venue r, Ono pia o? o,aMarr mud Wmnua ro: (/f?, PS Form 3917, Mar. !p!HIBIT S 111 S ° 0 ? 111 , ;i K_ fe r tg CJ ti ?,r ,