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HomeMy WebLinkAbout99-073037. W S H' K L. i i ?h v gn tb a? s CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 Civil CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE CUMBERLAND COUNTY PROTHONOTARY: Please reinstate the complaint in the above captioned action. YOFFE & YOFFE, P.C. By ?J? EFFR•Y N. YOFFE, ESQUIRE Attorney for Plaintiff 219 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 riti fin mci?l \arnol iNj,r:wclpn c? _. i- r` ? ? l: )'_ `_' -1 _? ? _, ;1 L? - I ( ?_ l_• ?' i CITIFINANCIAL SERVICES, INC., Plaintiff Vs. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qq -7> c73 (2?1-f'ALL : CIVIL ACTION - LAW : IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 0 T I C I A Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 citiflnancial\arnold\complaint fib =1? 1 : IN THE COURT OF COMMON PLEAS OF CITIFINANCIAL SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA plaintiff NO. c7 .: RICHARD J. ARNOLD and, CIVIL ACTION - LAW ELSIE COLDSMITH IN MORTGAGE FORECLOSURE Defendants i COMPLAINT Pla inancial), plaintiff is CitiFinancial Services, Inc. (CitiF business f/k/a Commercial Credit Plan Consumer Discount company doing at 7467 New Ridge Road, suite 222, Hanover, Maryland 21076. Arnold and Elsie Goldsmith, adult . Defendants are Richard J. 2 at 3610 West Lane Avenue, Phoenix, AZ 85051. individuals who reside Richard J. Arnold executed 3, On November 30, 1998, Defendant Commercial Credit Plan a written mortgage agreement in favor of Consumer Discount company in the principal amount of $29,946.20, the same being recorded on December 3, 1996 in Cumberland County Mortgage Book 1502, Page 1139, the same being incorporated herein by reference thereto, as fully as though said mortgage were set forth herein as an ? t { { Exhibit. 4, On September 7, 1999 Commercial Credit Plan Consumer Discount Company changed its name to CitiFinancial Services, Inc. 5. The real estate subject to the mortgage is described and located as per the description in the mortgage and deed attached hereto as Exhibit "A". 6. Defendants have defaulted in their repayment obligations as er 30 set forth in a loan agreement dated Novemb, 1998, for which said mortgage is security, in that they have failed to make the payments due for April 1999 and all payments thereafter. A copy of the aforesaid i 01 loan agreement is attached hereto as Exhibit "B", the same being a written agreement calling for monthly payments determined in accordance with the loan contract. 7. The total owing as of November 29, 1999 on said mortgage indebtedness is as follows: Principal ...................... $29,946.20 Interest .................. ...................3,394.96 Late charges ........................ 236.77 Title Report ....................................55.00 Appraisal .......................... 150.00 Attorney fees ................................. 750.00 Total......... $34,533.04 8. In addition to the above total in paragraph 7, subsequent to November 29, 1999, a per diem charge of $12.49 is owed by the Defendants. 9. The requirements of Act 6 of 1974, 41 P.S. §403 and the Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied with in this case by virtue of letters dated and mailed to Defendants on October 22, 1999, containing information required by said statutes. An exact copy of said notices are attached hereto as Exhibit "C" and Exhibit "D", respectively. 10. To the best of Plaintiff's knowledge, information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. App. §501 et seq. WHEREFORE, Plaintiff requests judgment against Defendants in mortgage foreclosure in the total amount of $34,533.04 (with the in rem limitation as to the real estate herein involved), plus whatever additional interest, late charges, service charges and/or attorney fees which accrue after November 29, 1999 and which may be allowed by the terms of the contract sued upon. citi tinanci a l\arnold\compl aint YOFFE & YOFFE, P.C. By elf. 4f A 4 7Jeffr y N. OFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 '`i VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §9909 relating to unsworn falsification to authorities. Date: CITIFINANCIAL SERVICES, INC. By Je re N an Assistant Secretary commercial credit\mortgage foreclosure\verification •FRnM 1:19 I FINANCIALYMACHU--!ACK 8UWE148' OFFC alq?9 ?- V After recording, return t0: COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. 1752 LINCOLN WAY EAST, SUITE 7 CHAMBERSBURG PA 17201 . • ' p : ..i' DrFDS .:,I r'Lri? ;,fill COUNTY-pA 98 DEC 3 P11 1 53 MORTGAGE THIS MORTGAGE is made this 30th Jay of November 1998 , between the Murgagor. RICHARD J ARNOLD THELMA J ARNOLD (DECEASED) (herein "Borrower"), and the Mortgagee, COMMERCIAL CREDIT PLAN CONSUMER DISCOUNT CO. a corporation Organized and existing under (lie laws Of Pennsylvania . whose address is 1752 LINCOLN WAY EAST, SUITE. 7 CHAt4BERSBURG PA 17201 (herein "Leader"). WHEREAS. Borrower is indebted to Lender in the principal sum of U.S. $ 29,946 .20 , which indebeduess is evidenced by Borrower's note dated 11/30/1998 and extensions and renewals thereof (herein "Note"). providing for monthly imstallo¢uhs of principal and interest, with the balance of the indebtedness, if not Bonner paid, due and payable on 12/04/2019 . TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon: the payment of all other suns, with the interest thereon, advanced in accordance herewith to protect die security of this Mortgage: and the performance of die covenants and agreements of Burrower herein contained, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the Comity of C'UM3ERLAND , State of Pennsylvania: ALL THAT CERTAIN PARCEL OF LAND 114 TOWNSHIP OF UPPER MIFFLIN , CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 031, PAGE 9, ID#44-06-0037-068, BEING KNOWN AND DESIGNATE AS METES AND BOUNDS PROPERTY BEING prendses which are more full), described in a deed dated the 17th day of APRIL. and recorded in the Office of the Recorder of Deeds of CUMBERLAND Pennsylvania. in Record Book 031 . Volume j age 9 800Ki502PAGeA39 PA 0042-6 3/99 Original(Recarded) Copy(Branch) Cnnv rrl)e Fnmorh 1021 99 16:13 ('110010. 71' 99 15:27.1SI'. I b: 22, NO. 4061180917 P 1 .m 1997 County, Page I of 5 EXIJIBiT "A" FROM CITIFINANCIAL/MACRO--JACK nUWERW UFFL• ('I IIUI IU. 71•97 15.711.101. Ib!29.1140. 40611H1917 I' 7 RICHARD ARNOLD ELSIE -ILDSMITH 205955 11/30/1990 'T'OGETHER will, all file improvements flow or hereafter erected oil the properly, and all easetuctlls, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of flee property covered by this Mortgage: and all of file foregoing, together with said property (or the Ieasehold estate if' this Mortgage Is tat a leasehold) are hereinafter referred to as file 'Ptoperty." Harrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has ilia right u1 mortgage, grant and convey the Property, and that the Property is unencumbered, except I'or encumbrances of record. Borrower covenants that Borrower warrants and will defend generally ilia title to the Property Against all claims mid demands. subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as hollows: 1. Payment or Principal find Interest. Borrower shall promptly pay when due die principal and imeest indebtedness evidenced by the Note and late charges as provided in the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender. Borrower shall pay to Leader on the day monthly payments of principal and interest are payable under the Note, moil life Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development assessments, if any) which may attain priority over this Mortgage and ground Feats nn life Property: if any, plus unedwelf li of yearly premium installments for hazard insurance, plus one.iwxlfdf of yearly pleutium ilLSUlhneurs for mortgage insurance, if any, all as reasonably estimated initially and from dune hl rime by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to de extent that Borrower makes such Paymcun to the Imldcr of a illicit nltarlgago Of deed of trust if such bolder is an institutional lender. If Borrower pays Funds to lender, the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lefler is such an institution). Lender shall apply die Funds to pay said taxes, assessments, insurance prculiunts and groual rents. Under may nut charge for so holding and applying die Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law pemdts Leader ul make such a chmge. Bunowcr and Lender may agree in writing at the time of execution of this Mortgage that interest on die Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest ul be paid, fender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Burrower, without charge, an annual accounting of the Funds showing credits and debits to the Fluids and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assess nculs, Issuance pneildtfuls and ground trim. shall exceed the amount required to pay Bald taxes. assessments, insurance premiuns and ground rents as they fall due, such excess shall le, at Borrower's option. either promptly repaid it) Bcinuwnt tat credited w Dotiowu tau mm?ddy inNialhoetils of Fluids. If Idle atuuunt of the Funds held by Leader shall not be sufficient in pay taxes, Assessments, insura IILC pil'IIdn1ILS iltitl grnlllnl rl.lns as they fall dice. Borrower shall pay t(1 Lender any amount necessary no make tip file delicimicy fit one fit more payments as Leader may require. Upon payment in full of all suns secured by this Mortgage. Lender shall promptly refund to Borrower any Funds held by Leifer. If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later limn immci imely prior hl the salt cif life Properly or its acquisition by Lender. any Funds held by Lender at the film of application as a credit against the suns secured by this Mortgage. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by lender under the Note and Pamgrapls I and 2 hereof shall be applied by Iender Brit in payment of Amounts payable ul tender by Borrower under paragraph 2 hereof. their to ilneiest payable fm the Note. and then 1(1 life princilal of Idle Note. 4. Prior Mortgages find Deeds of Trunt; Charges; Liens. Holruwer shall Perham all of Borrower's obligations under any mortgage, deed of trust al other stturity egreeotool will, a lien which has pritatily over this Mortgage, including Borrower's Covenants it) (lake paylocins when clue. Borrower shall pay tit cause' ill be laid all taxes, assessments and Other charges, firms and impositions attributable in lie Property which may Alain a priority over this Mortgage, and leasehold payments or ground Feats, If any. 5. Ilamrd Insmranee. Borrower slall keep life improvements maw existing or hereafter erected on the Property insured against loss by fire, hazards included within die arm "extended coverage", and such other hazards as Lender may require and in such amumns and for such periods as Leader nay ncquifc• The insurance carrier providing die Insurance shall be chosen by Borrower subject to approval by lender; provided, that such approval shall not be unreasonably wills eld. All insurance policies and renewals thereof shall he in a form acceptable to Lender and shall include a stmfiland mortgage clause hr favor of and in a boom acceptable to Lender. Lender shall have file right hl hold the policies and renewals thereof, subject m the terns of may mortgage, deed ?of trust or other security agreement Willi a lien which has priority over this ,Mortgage. aood502 rAGdf40 { .e N ?y ['-•t11 PA0041.63198 Original(Recordad) Copy (Branch) CIO/21^'9916:13 Page 2of5 EXHIBIT to Ali 1 ?..r FabM CITI FI NANU I AL.IMACNU--JACK BOWERS' UF'Fe 1'1'HU11U. 21'99 15:2J1S'1'. 15:27.'NU.4m6119U917 P 3 RICHARD ARNOLD ELSIE '')LDSMITH 205955 11/30/1998 lit die event of loss, Burrower shall give PnnnPI nahtce to the insurance carrier and Lender. Lender may snake proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Bormwrr pails to respmd to lender within 30 days from the date notice is mailed by Louder to Burrower dial die insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply Uie insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condorninihuns; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is On a leasehold. If this Mortgage is On a unit in a condominiunm or a planned unit development, Borrower shall perform all of Borrower's obligations wider the declaration or covenants creating or governing (lie condominium or planned unit development, the by-laws and regulations of de condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Burrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Properly, then Lender, at I ender's option, upon notice to Borrower, may make such appearances, disburse such s1mLs, including reasonable attumeys' fees, and take such action as is necessary m protect Lender's interest. If Lender required miortgage insurance as a condition of making time loan secured by this Mortgage, Burrower shall pay the premiums required to tlaintaill such insurance ill effect Inltil Such tilde aS the retlnireillellt for such h6urance terminates in accordance with Borrower's and Leraler'6 written agreement ur applicable law. Any amounts disbursed by Lender pursuant mm this paragraph 7, with interest thereon, at file Note rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other tents of payment, such amounts shall be payable upon nonce from Leader to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may nuke or cause to be made reasonable envies upon and inspections of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in tore Properly. 9. Condemnation. The proceeds of any award or claim for damages, direct or cmnlsequendal, in connection with any condemnation or oter taking of the Property, or pan thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terns of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. 10, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of die sums secured by lids Mortgage granted by Leader to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commmehce proceedings against such successor ar refuse m extend time for payment or otherwise modify amortization of the suns secured by this Mortgage by reason mf any demand made by to original Bommwer and Borrower's successors in interest. Any forbeurvnce by Lender in exercising any right nr remedy hereunder, or otherwise afforded by applicable law, shall not le a waiver of or preclude die exercise of any such right or remedy. 11. Successors and Assigns Bound, Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall biud, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co-sighs this Mortgage, but does nut execute the Note. (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terns: of this Mortgage, (b) is not personally liable on the Note or wider this Mortgage, and (c) agrees that Leader and any other Borrower hereunder nay agree to extend, modify, forbear, or make any other accommodations with regard to de terns of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to Burrower provided for in this Mortgage shall he given by delivering it or by wailing such notice by certified mail addressed to Borrower at the Property address nr at such other address as Borrower may designate by notice to lender as provided herein, and (h) arty notice to Lender shall be given by certified nail m Lender's address stated herein or to such other address as Lender may designate by notice to Burrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have teen given to Borrower or Lender when given in the manner designated herein. 13. Governing L.aw; Severabllity. The state and local laws applicable to this Mortgage shall be the laws of the jurisdiction in which the Properly is located. The foregoing sentence shall not limit die applicability of Federal law to this Mortgage. In the event that any provision or clause of this bturlgagc or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this cud the provisions of this Mortgage and the Note arc declared to be severable. As used herein, 'costs "expenses" and "attorneys' fees" include all shuts to the extent not prohibited by applicable law or limited herein. Booi(15Q2Pacci141 PA 0042.6 3198 Original (Recorded) coy xagc?) l l 90/21 '99 1613 Page 3 of5 EX.1 ??? FROM CI'1'I1;INANCIAL.IMA(,'ItO--.IA(;N POWERS' OPTC l'I'1IU11U. 71'94 1hT30.181. 15:27.1NO.4136118091.1 P 4 RICHARD ARNOLD BLSIV)LDSMITH 205955 11/30/1998 by 14. Borrower's Copy. Borrower shall be furnished a cuttirined copy of the Note and of this Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under ally home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower h) execute and deliver to Lendet, in a form acceptable to Lender, au assignment of any rights, claims nor defenses which Borrower rely have against parties who supply labor, materials or services in connection with improvements made u) die Property. 16. Transfer of the Property or a Beneficial Interest In Borrower. If all of any part of the Property or any interest in it is sold or transferred (or if a beneficial interest its Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, leakier MAY, at its option, acquire immediate payment in full of all sums secured by this Mortgage. However, this option shall not Ix exercised by Lender if exercise is prohibited by federal law as of the date of this Mortgage. If Lender exercises this option, lender shall give Borrower notice of acceleration. Time notice shall provide a period of not less than 30 days from the dote the notice is delivered or mailed within which Borrower must pay all sums secured by this Mortgage. If Borrower fails to pay these sunmx prior to the expiration of this period. Lender may invoke only remedies permitted by ids Mortgage without further notice or demand on Borrower. NON-UNIFORM COVENANTS. borrower and (ender further covenant and agree as follows: 17. Acceleration; Remedies, Upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covouams in pay when due any snits secured by this Mortgage, Lender prior to acceleration shall give [ultice to Borrower as provided by appllcalde law specifying, among other things: (1) the breach; (2) the action required to cure such blench; (3) a date, not lust; [ban 30 days from the date the notice is flailed to Borrower, by which such breach moat be cured: old (A) Ilona lhilule bl sue wch blench tin or before the dais specified its the notice may result in acceleration of the sums secured by this MorRage, hnel1oswe by judicial pmseding. and sale of the Property. The notice shall further info in Burrower of the right In reinsmue after acceleration and time right u) assert in die foreclosure proceeding the tanicAincime act a default tin airy oiler defense of iorrower to acceleration and foreclosure. If the breach is not cured on or before the dale specified lac file notice. Widet. at lender's option, may declare all of the sums secured by this Mortgage in be Inwhediatcly due and payable without further demand and may foreclose this Mortgage by judicial proceeding. L.etuler dull lie eutidrd ul collect lac such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, and cosix all docuniciality evidence. abstracts mid title reports. 18. Borrower's Right to Relmlate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage due to Borrower's breach, Borrower shall have file right in have any proceedings begwl by lender to enforce this Mortgage discontinued at any time prior all as least title hour Ikfnte the cmntueuceuhent of bidding at a sheriff's sale or other sale pursuant to this Mortgage iL (A) Borrower pays (.ender All scans which would be then due wider this Mortgage and fire Note had no acvclcfulun ixcmied: (b) Ihnmsvel ewes All hicaebes of any other covenants or agreements of Borrower cnntaiiiLd in this Motlgage; (c) Ilnnower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of nurnwea cmwshled fit this Mi ngega, and its enforcing Lender's remedies as provided in paragraph 17 hereof, iucludiug, but nw limited no, heaMllalde a1In ney\ fees; slid (d) Borrower takes such action as Lender may reasonably require to Ammon: that file Ilea of film Mongagc, lender's Interest fn the Property and Borrower's obligation to pay the sumps secured by this Mortgage shall cuminue unimpaired. Upon such payment and cure by Borrower, this Mortgage and die ubilgailom sccumd peachy shall tenedm in full force and effect as If no acceleration had occurred. 19. ASSIRnnlnnl or Ilenlst Appointment rf Itecelvert [.carder in Possession. As additional security hereunder, Borrower hereby assigns to Under the four% alt file Propeny, provided that Borrower shall, prior to acceleration under paragraph 17 Mcleod lit abanduluuew of (he I'tuperty, have the light to collect and retain such rents as they bccume due and payable. Upon accc[cradon under paragraph 17 hereof or ithandwwrent of the Property, Lender, in person, by agent or by judicially appulined receiver alimll lie entitled all enter Upon, take possession of and manage the Property and to collect the tents of die Property Including those pas( due. All rents cohhecied by Lender or time receiver shall be applied first to payment of die Costs of Illanatfenlelll Of (pre P[npleny and collections of relents, including. but not limited to, receiver's fees, INCIIdnlnl 1111 hCLOM'a IMIIAIl AIM[ ICA Ulal)le xllllrneys' fees, and then it) ale swtis secured by this Mortgage. Lender and the receiver Shall lie liable to Account Illlly for those rents actually received. 20, Release, Upon payment of all scans secured by this Mortgage, Lender shall discharge this Mortgage without charge it) noli lwcl. i3miallwct shall pay nil lusts of tmordadon, if any. 21. Interest Irate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action (if ouutgagn foreclosure shall be the rate stated in the Note. ilooll1502 facE1142 PA 0042-6 3r98 Original(Rneorded) Copy(Breneh) (10/21 '99 16:13 Page 4of5 EXHIBIT "All FROM UITIF'INANCIAL.IMACHU--JACK BOWERS- UF'F'C (THIJ110.21'99 15:31!ST. 15:27/140. 48611BU917 Y 5 RICHARD ARNOLD ELSIE iLDSMITH 205955 11/30/1998 e Y 22. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. I lie preceding two sentences slcW not apply to the presence, use, or storage on lite Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential rises and to maintenance of the Propeny. Burrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Enviromneatal Law of which Borrower has actual knowledge. If Borrower leans, or is notified by any governmental or regulatory authority, that any removal or other remediation of any hazardous Substance affecting the Property is necessary, Burrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 22, "Hazardous Substances' are those substances defined as toxic or hazardous substances by Euvirotuleual law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 22, "Environmental Law' meats federal laws and laws of die jurisdiction where the Property is located that relate to health, safety or environmental protection. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and fender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage. with a copy to P. 0. Box 17170. Baltimore, MD 21203, of any default under the superior encumbrance and of any sale or other foreclosure action. IN ,WITNESS WHEREOF, Borrower has executed this Mortgage. Wit "e°r,ow.r Richard J. Arnold Thelma J. Arnold (Deceased) -9e1,.w., I hereby certif tl t We precise address of die Lender (Mortgagee) is: 1752 Lincoln Way East Suite 7; Clranbersbur¢, P!?__ll201_ __T On behalf of the Lender. By: _ Eunice R. Stultz Title Sr_ts.,:r.,h.. r sarvfen oat COMMONWEALTH OF PENNSYLVANIA, Franklin---County ss: On this, [lie 30th day of November , 1998 , before me. Rick A. the undersigned officer, persolally appeared Richard J. Arnold known u1 me (or satisfactorily proven) to be the person wlhnse name .__ - i_s_ __ - subscribed to the within instrument and acknowledged that said executed the same for the purposes hureigytmtained. S WHEREOP, I hereunto set riv hand and official gul S•?• ,.... .RsIM?sSp?'expires: I Wferlel Sod ftldt A.Pnidmrd, HOterY Publk: `'• cy ChgnWrehtW Bono Frank4l County GLf..__ a?'C,OF •'"" MyOomiaflonExplrosApr.13,2002-_- 7itieatUnicer ;•;.'•:;;???jyi Original (Recorded) Copy (Branch),, • Cdpy'(Customer) Page 5 ors 1; 0 go (Space Below This Line Reserved Fer•Leod(r,ifni 40corder) 17?, d i f)?a??iryeald' of Pennsylvania?? .. ss County of rJl v M . • ' r"* 0 in the Office for Recording Recorded on this day of ';hPpap Deeds of said County, in Mortgagee Book No. :. ,. ` :RECORDER 4'/?!? ?/? ?... ...:',-ate=,. ' ''•...`?.?.•• Rnnr15?2eacE1143 q/ B t 1021 '99 1613 I "A E HI r ;.In W,rr roll ar, Cr I+e 4\ne+IgtT'nl. .? a w.n, ins., Iw„•,. r,. CC7MIAOH\'/C A1111 or I'igN N'LWYJN ,. G[vA VI1AF N1 Of 1'W;=611. _ ?, "' uwlnta alvnt \?r4'? I G 5.00 TbtF5 nc?u?e, AIA UF. TUE day of in the year of our lord one thousand nine hundred eighty-f Iva (1985), QETII'EF.N BOBBY F.. KENDALL. aI n:la man, of 7 Walnut Street, Newille, Pennsylvania, 17241, party of the first part, GRANTOR. ANN RICRARII J. ARNOLD and 7'IIELHA J. ARNOLU, husband and wife, of R. U. 02, Rox 104, Newille. Penna. 17241, parties GRANTEES, of the second part, IVITNESSETN, that the said party of the first part, for and in eonsi&rv _-__- ation of the rum o/ Twelve Thousand Five Ilundred ($12,500.00 -------- - --------------------------------------------- law/ut money of the United States of America unto--------him ive and these mid by the said part lea of the second part, at and before the sealing and delivery toted, presents, the receipt whereof is hereby acknowledged, has bargained, gold, aliened, enfeebled, released, conveyed and eonfirmod, and by these presents data grant, bargain, sell, alien, enfeobl, release, tonveyand contLm unto the said parties of the second part, their heirs, and assigns. ALL that certain tract of land situate in the Township of Upper Mifflin, County of Cumberland and Comeonwenlth of Pennsylvanla, tieing Lot No. 5 on a plan of lots recorded to Plan Book 72, Page 147, bounded and described as follows, to-ult: BEGINNING At a railroad spike in the centerline of Township Road T-402 at the nnrthcastern corner of Lot No. 4 on said plan, which spike is situate twenty-five and zero hundredths (25.00) feet from an Iron pin set in the right-of-way line of T-402; thence through the centerline of T-402. South sixty-four (64) degrees thirty-eight (38) minutes twenty-nine (29) seconds East, one hundred fifty end zero hundredths (150.00) feet to s railroad spike In the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Narkrl and Martha A. N. Markel, husband and wife, South thtrty-four (04) degrees nineteen (19) minutes forty (40) seconds Nest, one hundred seventy-seven and seventeen hundredth. (177.17) feet to an iron pin; thence by Lot 7 on said Plan, North sixty-four (64) degrees thirty-eight (38) min. tea twenty-nine (29) seconds Vast, one hundred twenty-two and thirty-eight hundredths (122.38) feet to an Iron pin; thence by Lac to on said plan, land now or formerly of Steven and necada Cnyman. North twenty-five (25) degrees twenty-one (21) minutes thirty-one (BI) seconds fast. ono hundred seventy-five and zero hundredths (175.00) feet to a rtllroad spike In the centerline of T-402, the first mentioned point and place of BEGINNING. BITING the some premises conveyed by R. Cyrus Markel and Martha A. H. Markel, husband and wife, by their deed dated December 14, 19,[L_. and recorded in the nfflce of the Recorder of Geeds of Cumberland County. Pennsylvania, In Decd Book "A", vol. 70. Page 211, ante Bobby E. Kendall, the Grantor herein. b;'( 0 EXHIBIT W% f TOGETHER with all and singular, the said properly, improvements, wage, uaters, water ,111 courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever (hereunto be- longing, or in anywur appertaining, and the reversions, and remainders, rents, issues and proofs thereof, and all the estate, right, title, interest, property, claim and demand whatsoever, of the said part Y of the fiat part, in law, equity or otherwise howsoever, of, in and to the same and every part thereof. TO IIAVR AND TO HOLD the said hereditament, and premises hereby granted or mentioned, and intended so to be, with the appurf, nances, unto the said parties of the seeondpart, their heirs and assigns, to and for the only proper use and behoof of the said part lea of the second part,thef r heirs and assioner forever. gabby E. Rem4.41, the so (it part, of the first part, for 1, In After, executors and administrators, &an by these presents covenant, grant and agree to and with the said part (as of the second .•:rf. their heirs and assigns that he the said party of the first part, and life heirs, all and singular the hercdila- t most, and promises herein above described and granted or mentioned, and intended so I. bc, with the appurtenances, unto the said part tae of the second part, thalr heirs and assigns againsf H. the said part y o/ the first pall and life heirs, and against aR and every other person or persons whomsoever lawfully ,tainting, or to claim the same or any part thereof ga:.erally shall and will warrant and forever defend. IN IVITNESS IVHFRFOF, the said party of the first part has to these presents ` let h Is hand and seal Dated the day and year first above wrilim. e+ e. 0..111 me ..._._.t4.._. in IAr pr .rm. .1 by E. Kendall . ..c ? ?v6.mb• ca.. Pe. ?' •?' _.. /? •" `-J l(r,N L .J., p, Sehaol Citl. Cumh. ti R.,1 G..._ ""V. . ae d, _ ..... :.....,.Ga ha i u.., /? • e.me. C.. m,l. C." ., r1...1,? .a. c.. oar.. t.r. eery.{. Received the day of the dale of the above Indenture of the above tamed the .in of Dollars, lawful money of the United Stales, being the consideration money above mentioned in full. lVieness- e F -hNiBi i "All State of Pennsylvania Je.. Caun(V o/ Cumbarln nJ On this, the ZZ w! day of '4!lt , 19 85 , be/ore me, the undersigned officer, persmmliy appeared Bobby E. Kendall known tome (or satufaelorilV proven) la be the person oh we come In subscribed to M4 Within i"tmment, and acknowledged that he eseculed same for the purposes therein cotiaiard. i In rknt,s whermf, I hereunto set mV and official se VIS ?. HAIAIUOil ?nIS •. .. .. ... ........5... •.. ...... /.?1 NOTARY; STATE OF PEtt ..Int'?• ..d .........//........ ...:....? ...................... State , tAY COMM. EXP. O 22-S Tille of Officer. Iu. county Of On this, the dap of , 19 , before me, the underafpned offieer, personally appeared knuten to me (or satin/actorily proven) to be theperson whose name subscribed to the within instnorcnt, and acknowledged that executed same /or the purposes !herein ,.maid. In mitr,en whe,rof, i hrrrunto set my hand and oficial seal. -'Tifie of Officer. i do herby certify that the pr<dse residence and complete post office address a/ the within named granite is R. D. g2. Box 11104. Newllle, Penn..../ 172 !) 'o. I . 1985 Attorney for ..604.eitce_5......_...._. W > ~ c x o n 9 m 41 m .1 "t L C p W ? yaj . • l L 3 ? C Z O m ? J O m y C COMAIONIVEALTH OF PENNSYLVANIA County of .. ._V_'!tb.•r l?, l•,•..... RECORDED on this day of A. D. 19 Y> , in the Recorder's Of as of said County, In Deed Book Vol. ._..._...3.?_.., P." Given under my hand 4WIP ed of the laud e, Oho dale above written. Sl......n.. w ?,....?__.._...._.._, Recorder. b::f 0 31 rx: 1'1 EXHISTIT 'IN' 180"MItllU 0taStClllC n U1, Nt a aim :Sl'Clll'1lAmween1^lll rrvwed,l INmne xal nmiliug:ulJfn,l Lida: IAan;a, adAnn,. s•IIeml sue) > c.,, t , s7- RICHARD ARNOLD BLSIE COLDSIIITR CCf21EP.CTAL CRP,DIT PLAN 5 55 580 MIDDLE RD CD"SUMER DISCOIItrf CO. F NERUILLR PA 172 52 LINCOLII WAY EAST, SUITE 7 AftBEPSB0R0 PA 17201 Lnn., 'tea 30/1998 ANNUSI. ITSRL'I!V'.\I:I: P..U l: The coq of narn,xeri credit ns IICARI'I: 'BARGE 1 " e Jnllar manual the aenJit xiirovlJ 11.ell ' d Taml n(Pnymmm T . yeasty mle• = e . cn,Bnre er'. If mneue Bnnwer 15.02 R f 81.U0 - Peylnenn an eclmdlded. f 94,747.20 Number Amman 's ( fcre: I I checked, Ilnrrvwer i, rivL¢n Aecurily Whets h8niti s payment, Rrymp1sl s All o. nlerc+t if l%I Real Pnq<n) , 394.70 bl0t rr11L-1 BEGI IRIIIIG 01/04/ 939 ? I Ainhile ll lea nrMmnfncmrtd llama I 7 fIsm L_ 'IrsrIf n Pnpnem h more Ihnn 15 Jnyv Ire, larmwer l Ire ehnrgd n Inge charge of the f - id of %20.00 o100 W artiste pay..,, n nslum. I Prttuvmne I f narrower Pays o R emly. nnrmwer. _ _ 1 IX1l will lion r-i may have to pay a initially. mix] St. IAC contract ll,lelllnelll\ br ally alltlillOlpl IIIbr111nI11,1. nlY.lll IFII,IVI)'Inv;II. (IC r. oil. will .ml IV oldiled b, in refund of P.n'Iflite firm.., Charge. any rtgnircd rcpA)manl in lids Imflre Iht ghcJulcJ doe, and pmnp•nmm ran.xl. mvl PCMIIICr. &Ngsi 'v arc: i N.11 Appli,01a Ijf t Thisohligalim, has A dememl s0dildmul Ldunnmien' -----" lea will _- _ 'Imki, . . j nnlfil venu..eliln' t 29,946.20 le NONE 12/04/1998 Insurance Dloloxure: Bnrrmver In Mt required to pumhare any Ippe of imurance to nblain Credit, units, Harrower grants Lender a security merest as bedbal, In thin document. In that even,, inmmnm to pr l"I Iht Lender's inlenst In the rnllulernl may he mlulrcd. Lender's dttisbn Ito grunt credit will nn lie arrested q Ilorranvr's Attd,ke be panthers, or refuse oPlimult Ime] Imamate produ such m: Credit taint, e Credit Dhohility. Imolmfiary Ilnengdu)mcol Ilnumnee, Credit Properly Insurance ter tiny other optionl trance p pr imduOn. I Laurance offered a Lvtder*, ellica, wish fill nl,plion of Non Risog Anersrec. rill line Iv peuidal oaly„ nnrmxwer signs .,at Alm,n in pay the prtmhun earl. The Inm of m .etas, sal Ibe pmmiom room of ceu,iu tvyen of in frame par.•hawd Iy Bnraavr ere dmxn follow. Addilinml fnmrm,ca re duets. If purell-AW. will Ixue a wPa.me arl4icminn :u.I will la di,vkmed he mh(r base docoun'nlt 'rill iiiilial .... of rnvemga for CrmUe Loss mud/or Credit Protaft) hl,armat .wt Ihnh in Il?.rrswei , f l-olumo raiilkalV may h egnnl u, [be !null let Pnynems.+tefed al.we. m.l may exceed do amount note ...ry m Inv self Br,i mn n W. AI any phven iline. Any vxcrs, coveraFC mmnnul will la IvtiJ to file Borrower nr m ilia dtdmmted Immfrcinry fir m Oormxvr i mule. m nrplicefik. Hormones, aeknoudedgen that. If updated Credit Propert) Laurance Is purchmed. Ilnrroner's properly coverage under other policies such n ham of mer's or renter's Insurance may he adveoely arrecud. Ir this loan it secured by real properly, middle/manuracti red home, or a lower vehicle (including a recreational rehicle), then fire, extended coverage, collision and/or comprehensive enxuully Insurance k rrqulred, naming Lender as Inm payee, until the loon N fully paid. The amount of xoch inmrmice mum la suffcicnl to satisfy ILc unpaid Ixdancc of Jet loan. or be equal to the value of Ilse cnlhicral, whichever is Iva. Stich imnranee may Ix provided Ileangh on edging policy or n padiey off-load indelendenlly tied pnehaned by Barmwer. Borrower may ohsafn such interment fron any imurur dot Is rnsnohdy aeceptehle e, Le.aer. If Dormwer al•I:IIm Amm.. mbib Sbglaabnemq Imminent nI Leabr's offea. Borroweraenbmwle.lpe, that inch mwmwme: 111 any east mote Iwo innersole IIn.[ in :nall.,blo frenl As Ilnr ill ....ln 121 will only press.[ Lender', Inlereq in Ale molar wohitle and doll Imt toaster Bormweii lamed: real OI dun not prolml Burrawer treat edaims by other pennm. If shi, im, is secured by penaol pnq,crl). Nam-riling immreueo may he egnhed. 'T'ermination of Interment: Borrower may arses any of IN, optioonl Intensities, product obulimd at Le.ler's office at any lime. AddillmRy. If reputed inou sere tennilmma before Ile Inen in repaid. Bernnwvr prnmiwx o, nla.in mcxpmhle xuL.tiote i...o e". If Borrower Is In defedl, sal Leiner dnords that Bnrrmver immedimety repay ilia loon In full, Bnrmwer oullmrizes she leaner for any mill/fir all opoinanl !nnuinca products Is, termbuo such Iolicit, or coverage, radon rep;vxl of Leader. [false' in,umwt Pnenbwad eI Leluler x office in eermllmted for toy reason. Renewer Polls rize, mid fifteen It,:,, Ilse loner deliver the ptembm afield. if inv. Is, ill, l<aler which nmy of If, option apply it in lite unpaid ',dews, of the ban or return it In Bora,wer. Any ouch AIB,liettion of p..uine ,filled will lad .,free IIm amount or doe Amt of snbacqumn pleye m In on the loin, bar may reduce IIm mmnCcr of such payments. Borrouer should refer In the terms contained in the applicable certificate or policy hated for IIm exact descripllan or beirl road exclusions. Permitter h encouraged to Inquire about contract send refund pro,kionw• The reguher monthly loan payment uhhoub insurance: f 394.78 1/k9e raqunl site folk,vaing horn m e: Ciesupmmiumt hnuran. Tyne: Insurance Team (is. ens.): INONE Next Ihnnower's Signatum CCC a( Data -/-?- INONS $NONE INONB Stts•n ',annual m n , ?i(? De v ?/ iN017E TERMS; In Ibis Diwlawire Sullcm ra. thole null Scantly Agreement, she tmrd'Rorrawcr' Astern tit else penults dgning below as Borrower. whether Ina or more. If mere Illml one Flattener dgo. each will la tenlumihla, individually snit together. fur all pill made end for repaying ilia Inen in hell. The voord'La.Ter" miens In it,. Leader, xham tome end.,Idt .. are nLnwn Above. PROMISE TO PAY: is return for a loan that Borrower hot received, narrower president to pay to ilia order or Lender ilia Principal amount shown stove, plu. Intent on tlm unpaid Principal Lnhmma from fie DAs, Chugs,, Begin ehnwn obove until fully paid at the following Rate of interest: RATE OP INTEREST: 15.0204 % per anmim on the entire unpaid principal balance. Any Amnon shown Alive a Paine hen been paid by Bnrnlwer ax palms real any amount ehnwn he as n Buydawn Pee hits been paid by • party other than nnnower sea n In,ydawn fa. 'Norse mmmnul em con.idCrel pivpuld sterner and are ire ndJilian 1., else Above Rule of Interns. Any Pohaa or nnydown per ram urned prier In any oth,r bmten me the loon Inf...C, and do the comes of prgmymmn of me toms, will nil ben to (eatable to Borrower. $ NONE hen, law fold by. rally mher ILen BrIlmear.n A Ih-Phnra No. Principal And interest slwdl le ps)al,le In the mimmnlidly e,fail muml:ly inn ellmenel ehnwn Above, except that any opproprime adjustments will be made to Ilia first end find Iniplo nu. lagimsbg m. the oral payment dine hewn Alcove amt condoning an ilia ume day in each following month mail paid In full anks% Ill, Inm, In objects en a cell Pmvlainn sea ialicucd, in which evenI list flml payment dam may la accelerated. Upon the final payment dale or ilia morder.liml Ihertnl Ilia maim omsnaling fabler of Princilal nil imnnl aidcamd by ibis Dimlomre Sueemcul, Nola sml Security Agreement ahnll be die tai psynlde. Any pny,nem(o xhich Tackier accepn steer Ilse fitml i nynem dim or the oceclardion demur do not count i'ylf e.fem)ytsl or examines of thin loon esters Laster to determiner. /' V ?l narrower', butba,:._ _ E V._,c- feenre,yirnna 25422.86197 Original (Branch) Copy(Braneh} Copy(Custoner) phge l or4 Ali bd°fi.?yl i- r(Bir at.i'AbD ARGUI?D 1'.14SIE COLLShv "II Each payment will 11 ppli 205955 11/30/1999 nel awl n0er ' nil to b"con" e..gmled In Inc dale of p:nmcm. wilh the nu"AiwIvr ap,afed In psh,lpni. edge n, 1, emend ngan dte unpaid I`ri ndpd I'll LenJcr may ""fleet lateral from mindly -111 Afmr n ): ulh cr rise naahnmm "I IcnuiueA h the rote It inicresl Pnvailing order fit, Db,J ..... e 9lrlcmmn. Nam nxl Semoiq' Amce by 'b. III.. A11,11,04. law or %I jr Ihh box in dirtied. ire fdlaning proviM g rt'I "'l npplien: CALL: Lender, el in nplMn, may dada.. mrv "ohling Inachlci nova immedluely tine ail payable 10 yearn after the date of Ihi, Iran of aru"..Ily Ihareafmram dm arm ......y of flat date. LATE CIIARG& If soy WLdlmmol it )aIA more Ihen 2 15 day, After the scheduled payment Aare, ftarrouxngrta in pay n Imo charge of the greater of 1 I. ar 10.0 % of the hul other mmoum. 1.n de May. n1 ik option. wake any tole charge or la"i"n thereof wilhmn unlving 14 right to rcquim n Ina dsrpe pint rcpnrJ In nny other Inv pnyme I. PBEPAY...i it. :Burrower may snake n roll err Mninl prelw)'Imm? of III ""paid Prlmipd Imlmce al cry time kh,ck applicable lox): L4 wll6nm p n outhy ? If 001 Ina" I„veurrd Primarily by A flooraip; or Deed of Tmat "n re.idcmtal real property A d Ban..,, ,,,pay, 101, loan in fill daring the nil five (5) yrnr, fare Air D.ne of Lnnn, B il"'Z r agree, w pny a pocpn)m a, chnrge, in """".... era any "arc"ed interest nil ehnrga, equal to ale (6) nxnahv interest,... III arew...leer or Iho princip.1 ollignlin,+:.mslno liq.n of the Ina b""neas Any ofewl, mnuh for life join, al, (6) ni or .such laser (eoini m rho 11 have dap,ni I ...... Ac D.w cb',,,ea Ilrgiu. nl Il,c Rn'. of Faster hi, Diaeiumrc Salomon. Nile nil Sealrily Agrrenallf. li pnya)manl occno After five (5) ynrA brat the UaIn of Rare Al Lner<sl oe will pla itraniliPnreg pe'I fee. When Borrower mnkn a PrePnymenl. for mover will tell Lnncr In n Icier Film Bamnwer N doing so. Lnxler pymCreduce the amount of unpmd inFe'eaf Awl chnrge, end if.. .1 it of principal that Onrmuer owe, will i unxler still will jr iiormwer make, a partial prepayme t.'hem will Ic Ia drlny, In life 'life dal. or clanngea its Il,e nmunm, of Onrmuer. nunnhiNine sneh delay or change. naroWCr undenlnab if the lean nl ibis d y pnymeM, antra nee nxler B nrmwer'o agree, In wrcpritaing trinity. rcfiwncinF • of IIII, Innn by Lnxler PamF m 1I P,evade fir, n preI nyoeol Pnwlry. alth mom do nn Apply fie a renewal ur . nx,, m Ill. pmpa)mrm of Ihi. I.a.. Innn I lie poaecd. if nny loran "Hatt, in Ibe finale by Under (n Borrower. No prep ymem OAFS. Q; Ic n•lirevd illhr lean is ncedeml;d tier o Levier , eu•rcis. al silly dw .m .,,le drone in the Uced of Trim mcudng Ihi, obligation. SECURITY: This loam i, wcmnl by a lien Arnim' life real rngcrty Loam1 At 590 MIDDLE RD NEWVILLE PA 17241 See Alongoge or Used of Tom for Fermi npplicnblo In Lender i inmrnt in narrower', real properly ('pm)any'l. INSURANCE: If Bormwer pmmhnacs Any I mmiae at Lender', office, Botmwer undemandn and acknowledge, that (1) the hnurmcC Company may la aflilinnal with Lnxler, (2) Lender's emplo)cc(,) may be All "gem fm the hounnwe company. (3) latch employcep) Is not acting ar Ilia agent broker or fiduciary for Bnrrouar un Ihi, Lun, hat mny Ic Il,e agent if Ike Laurance aimpmy. And (4) Le+hlcr or the humnae company may realize mine henefl from fhe sale of that hounnco. V BarrnMr Gib In eh1nM it are inmin any rcgoinal inmmmc< it Gib In Aedgnnle m' agent through whom the Insurance i, le la obtained. Lender may parchmr inch requi..l Immmn:e or Bonnvmr Ilmoivh nn al-ml of lxodu'a chnica. and file nmmn", paid by Larder with la added I., III unpaid I.Ilm,• of d:c hon. RETURNED CHECK FE S: Lender may charge a fee, nel m exceed S20. 00, if a check. u,gnfinhlc order of nillulnwal or share draft h returned for "in ficinn fume or imndfdan credit. DEFAULT: Banaucr will Its in default if is date, not make Asly scheduled payment oa time or falls to comply pill, the pmvbiom r nny mortgage an the rent property which mere, Ihi, heart. If ftnmower defmdh. Lender inn) retinue Bnrmwer to repAy the entire "npaid Principal balance and any Accrued Into ...I At am.. 14NIar" fiilore At enLtci%c or delay in exercising any of in riphn when default occurs dins nel connimte a waiver efthme or any ,floor dphln ionic, list. ngrt..neef. A, pen tilled by Penaaylvenin law, nnnower ngrea to pay nnual and reamnsble ellormy'n feel. coma worn, and other actual arxl mxaowble can, imarrnl in MnccI.0 g on Ibc nil properly notarial; Ills loin. Borrower will receive written notice at least 30 Jay, prior to finecloome. LAW THAT APPLIES: Punnrylvanin law aId leAersl law, as applicable. gore," Ihi, Dishmnre 5lntamen. Nom and Seenrily Agreement Irony pea b anon arcen hie, phi, ivBl era make tiny other fair[ unenforceable. In in event will Boomer In oapdreJ in pit, huefnl or charge, In caccnn of IIIn. pennilled by law. Ontmwer, elxlnnetx..... li" nil gmmnlors, "+ the extent IcmAacd by bat, ,avemlly waive their right to re'pdFe Lender to demand payment of mnnmJ, due. In give o,owi, of"moa"n that have tin( bent paid, to reedvc notice many elation, aftime In pny which Lender flow, to any Remover and le rapnim Under In .hear (v"io"l,, dilip<Iwe in hnnpiog... it ngaieU anyone respmnible fair repayment of this loan, and e'Wilimully. "Iva ba iclif of hve nmeammd and ociapi an Inw, Inv in force ar later emned, bx:l ding xmy of care ...I arat a..xbama,lion. an mny propoay ae¢udng IhG loan nd wai the lenclil o(vnlmniun nnJ nlTrdvmnn. This Disclosure Sairme..t None and Securily Agreement nhnll Ic Ilan join' Anti several oldignlion of all makers, suFedio. gmnnlon and esidonan amt 'hall be binding npnn them. their Lein, A:acexon. legal reprcsene lose nil ns,ig s. lfany Fort of the DirelAmre Statement Net. end &carity AFnemenl and. if npplicnhlr. ilia Mortgage ar Deed of Tnnt a d Acmmpnnying Itemization "(damn" Fionneal h unfeforeabl., fhb will nnf peke en) olher psi ulanl'orernldo. REPINANCING: B.nnnwr La, hen advised by Leader trial the "vo"lt cost of rnla iocing An exininp loin balance may Ise preamr than the con of kacPing'hc.npaing hmnAnaohudnoFn',,Anal lain fur no ndJiniaud fond, 11m,owe, +,id, m1>,ru,w (Intentionally left blank) RYA Barmuer's hJJnh: _£.U' (22- Pennsylvania 25422.96177 Original(Branch) Copy(Branch) Copy(Cuatcairl Isage, 2 of4 . i?';?A g" f...'a%Ia. Y--? ! BIT "B" ._ Tel 4ICIIAI2U ARNOLD RLSIE COLUSN' "fl 205955 11/30/1998 ARBITRATION PROVISION: I )UR N1GOIS,(NCI'INGARRII'RA'ilON1'R(IVIhION CFI)RIJk'.1'1'LIAIl'1ti CEBlA1NOF T'1Uit IG1178. INCLlI1TIN('.1'llllit IIIGiI'f'f15 UR1llINP. RlillRliSSgti'flllt(IUGII ('(lllR'1' ACI ION. In eamideradan of Lead:r ranking the exin,Timor credll described nh,lw +nd idler food and vnln+hk emstid,o,,m,. Ili. recall, mini eofacle cy or .hkh h .ektmwleACrd b) Inlh forties. It I, Iludhcr ngrcd nc fdlusvr Ecrinilinn, for Arbllrlion I'rml,lon. M omd In IM, Adbiunaot Prm iann ('Prvidmi T, the following dcgnhiont will apply: 'Y.W or'YnuP means Ally nr nil of Oerrawer(d who eucnlr. Nit Provhi.m. mJ their him. a m ivom n,dgm..,.I mpreanaRvea. 'We' or *U.' meant [.Anders any .ufgucc, wpellir wish their ropoclive o.rl irmle lane,. anbaidinflet, affllnlex, predceeemn. mnfgucet. Acceswn. employees. Arena, dircchar. slid olliecm (ovhdbor noting In their emp.,mc or toJividal :maeity) 'Cmdit Trnnsnclion' nxana Any one it more pmt. Pmtenl. ar boom eeen,i..... .pplic.uion. nr i,xp"iry of credit or l ilexrawe of payment such at a loan, mini] credit agree n.enl. or otherwive Trans nay of Us Io You, 'Claim' ram„ any cows canla.vcny, lot xte.:ua, dragracuuul. Ltw,uit. or Chun nn., or Imrrnllsr c,ioilog Iety you You nerd U. A Chhu Icimle,. without limitation, an)Ni"p Ili, amcerm: • 111i, Provision; ` Any Pitt, pre,uA. or future Crodil'fmmncfon; • Any Tail, prc.en6 nr Ihm,e I...armce. yr lees .,,it loci Iha is nlfeted ht conwel n ..IT. a Gill Tma,action: • Auy doc a hem, nr pommmenr lint contain af"mlation ulxan any Credit Trnactiou. insurance, write. or poxhw•tt nr • Any act nr ombsion fly Ally of u, regarding any Claim. Agreement to Arbitrate Clalmi. ilium written rnpmsl by either !arty dial it sAMAIAed according in the npplicable rules for arbitration, any Claim. except dlmm npeelfed below in this Prvldun. that[ Ise rc,Alvcd by hinlin} mbidmlien in ncamlow, wish (f) di Federal Mbilmlian Act; (lU Ne Expedited Procedures rat the Commercial AthiM two Roles of de Atnoritmn rahiaudi.n A.aocimioa V h,hn;ii.Innnr'): and fill) Ihh Prtddon, into,. we loth agree In writing do forgo arbimnticol The em, of [,i, ProvNion Jell condod Pity to.aud,mney Iv ivveo the ode, of the Adminhtntnr mxl this Providnn. 1'an Any M,Iapn . copy of Ito nrbiaodon mlox by ending (MINI) '178.+5711 Anv lane v It;, P,-.,inm may Irving An .01oa. Ox•hxtiog . mmmnry or ex edited pitwv.ding, to emnpel . Hunlic" at :uty C'1^fe,. andnbr to nav dm ling:ne•n •11 ran CI.Iim,r fading tititmtion. In any court tavingjuri.dicdion. Such ram, inu may Le bna,ght:u Any dime, ,All it o (•Iaim f: pan "f a 4wvoit. ,q.,.. d dbc wA,ry of a du.djudgmcut. E.mnplca of Claim, Ih a f, prvsmCd by Alit Apascmmt berate Ilo,u invols iup- 1he Ti in I.nkhog Act .mid Rcgulntiam 7.: • Tim Egal Credit Opperuaniy Act and Regulalion R: • Since imurmce. nary And tooling laws: Irmsd m inkmpre,matim,, fuel mling clabnn for railing L. discinte material fncn; III Any other federal nr onte emtanner prmetion xadite ar reg lIntion: • Any party*, execution of this Pravhiml n d/er wllingn:ers to b, bnnnd by ih morn, and prvitionc or Any dkinoe alai cln,ing. mrviclop. Coll:eding, or enif.rch,g a Credit Trontnainn. Judgment. Judgment upon any nrbhr.lion award may be endanN fn Ally Colin loving jurindiclimt. Clalmt Excluded from Arhitndlo 1. Tim fnlinwing Types of tatter, will not be mbhnmd.'fld, mn"n doll neither ,in of rat can require tide other to arbilmle: • Any Action to elfcct a f.rcclasnre to ma infer title to the property Ixinr lurclucad: or • Any mnuce whctc all parties seek monchbty dninsgcs in the aggregate of 515000) or leas fn total damages (compensatory and punitive), wits, mini Ice%. llowever. ,bold either party fallow mbitmibm, the other !arty, at Its npdno. may seek injunctive and mmeary relief In arbitration. Participating In a I.wo,II or seeking mdarccmerA of tin ,colimn by a court droll nil waive the right to nibiune any other Clain,. Additional Term. Administration of Arbitration. Arhiunlim, thrall Ie edroiliocreit by the Admininramr• but If it Is marble or unwilling in administer The arbidrndnn, Ihcn 1•.\•M1I•SrEnli,pnw, I... will aAminiv., any mbfuatian required amler this Pnwhinn pnramni m, it, Suc.ndhed Arbitration Rule. and Procedure,. except fm any opi col, which will la govenod by Rule 33 of the Cmnprchcmdve Arbitration Rulem n,al Procedure, of I•AAI•SIE.WhItuta. Inc. Place of Arbitration T Ise nrLiua Jinn shall le eooducded to disc eonnty 111 Your re,idcuc., unle„ all laniv, Agree to mothor Iac.lion. Timing of Ileustnr. 1'11e nrhitndio" head", shall . .....nonce .!thin mndy (M0 day, of the Jcmaul for arbitration made in the Adm[nhlntor in mccosdnno, with is nd:r Apical. Either 1'nu .n Pb may Apricot the udbitrator',..xal o a three-mhitmmr'cowl selected Ihmugh the AdmbdumlAr, which shall reconsider Ile pnvo miry mpecl of do pmilial n.n,d regnea,d by na up,voling Filly. The capedied pneeduren of Ile AdmininndnMull not govern any yryed. An gleal will le g.nrnad by Rude :3 of the Cmnpnhemivc Arbihmiau Rnic, mini Pnmedutt bd 1•A•M•SI&nlignne, IM. No Class Acdlun+lblo Joinder of I'nrtics. You q... thin any nrbio,tian pnmeeding will only ennddcr Your Clahm,. Clair", by or on behalf of other Mumwen will ram Iw ohidmled in any preceding flnl p, c n,kladug Ynnr Chinn. Similarly. Yoo may tot join with other lormwcn to bring Claim it, the xanw• arbitration preceding. unler, all of the borrn.rss Are fanies to the ,Amu C,edil Tmmnrtioo. Limitation on Punitive Murgaw>. If applienlJv law lennih Ilnr award of punidice dmnagca std the mLivatnr nuthnrhes rah an ..tit. any punitive, dnmeges nwanlesl in You or Us may rot ex, sod the granter of 525O.M0.00 or three litte% the mneu,y of ncnml cnn,penmwry damage awarded by theaimith. arr. Depuitinm. AOet n demadl flu nrhilrminn is made. You most \fr any rnnJnet n limited nnnder of deposition, by mutual Agreement. Any diragreummtm over deiP„tl its will he resolved by Ili nthitmmr. Corm. Tim coil of any arbitration pmccediog,hdl be divided a, fntlowe • Tlse party making darmxl upon the Admininnlar far mhitralion shall pay 5125.00 to the Administrator when the demand Is made. We will pay 1-1 tile Adn,infmmmr all nther caa for dm nrhidradfon preeding till is a maximum ofo re day (eight hunt) of hearing,. • All east, of Ibe mbitmtion proceeding tilt excad oie day or'henrings will h paid by dw an, prevailing perry. • In the ease of m, appeal. the appealing party will lay nay coll% of initialing an appeal. 11m urn, prev.iflog party shall pay all costs. fees, end eapemea fill' apical Proceeding and. ifappliable, shall raindxuau the ponamog laxity for the am of filing an appeal. Each party shall pay, llh/ier own m .mvy. import. Aral whoo%x ices and expenses. antent odherwim rapuired by law. Right of Rachsion. )'nil may rexcind any Credit Tramaction within three birdwi, dnyt ague cloning by returning all proceeds lit any) to Us with a wdlten muifc.tinu of T'nur msci,don. If Ym, rewhd • Credit Tmmnmfnn within Nn. InuLe„ day, her dosing. Ynn may.laa re,cld this Pravhlon as It applies w the Credit Tmm.aion that You re.eimlel. 1'hit right do concvl the Credit Tmitincdion h pit AAdidien to any olher right la met a Credit Tnnsncliml You may have under Federal or Sate Inw, or its may have Icon communicated in You hit writing by Us in any loan solielalian. adve"Nomont.r mbcr mm,kmfng ranted documwm. (:morning lAw. MIN Pmviti"n I, pmemwd by federal law amt by The lawn of Ili stale where the Ching of di Credit Transaction took place, but only in the emtenl that much nm,e laws are eousinem nr compatible with federal law. Severahllity. if the arbitrator at any coot deternt dun one or more terns of till, Provision or the arbitration rules am munforcemhle, such dmarmbm Om, full ram i...poll or affect the m+fnrecabilily Al it.. nth.. Prnvinion, of hit Agreement or Ilia arbitration rtes. You understand and acknowledge by signing Yam name to Ihh Providon that: (1) a court ondfnr lury will no hear or decide en) Clnlm stale, a kh Hill governed by ON Provision, (it) the funding for Your Credit Truncation .ill came in thole nr in art (run, source outside this camillum interstate commerce M.I. stdie meaning or the united State% Arbitration Art. 9 I.S.C. 491.9, ram discovery In an arbitration prncealing am lie much more lmlbcd Than in a churl prmvr,ling. (fit the arbitrator may not gilt wddro reasum for hl,ficr ns,ard, (r) rights In appeal na nrbibrrubm a•,:u'd ore ters limited. unit (t0 the rlghP of the partfra heremder may not he cacti) nurtual In nil mlxrh. It CA 111 I IF:.IIIOYF. AR 111 1 RA 110-4 PROITSTON CAltEFULLY. IT 1.14111 S CERI'AI N OF YOUR HIGll'1 ti, INULUDING ('OUR RIGII'I"III OOL\IN RRIIRF.S lRI I ;If Of7/y' kkk//QQQ,r11(IN, RICFN )? O_.___._ .Enrmwer 1.5c.p ELSIE COLOSMI17Yi l??L_?y? - •'C1 Penn,ylrmtia 25422.8 6+97 Orig trial fEranch) Copy (Bronchi Copy (Customer) rlge 3 of0 EX I O F "B" RIUTAID artlul.u P:hSIE CULDSN 'll .. 205955 11/30/1996 The fallewinp mlice npplien m0( if IIIhhn le cneckod. ?J [ANY IIOI.DER 0F'FIIIS CONSUAIER CREDIT CONTRA(.) IS SIIIIIE(7"I'0 ALL CLAIMS AND DF.1•T.NSF.S WIIICII TIIE DEOTOR JIM ASSERT AGAINSI' TIIE, SELLER OF 01 ODS 012 SIi12VICIS 0RTAINF.U 1\'17'11 TIIF. PROCF,EUS IERE(:OVERY IIEREUNDUII IlY THE DEBTOR NOT EXCI?Ell A11OUNT5 PAID RY T111: DEBTOR IFRISlhN11R 6y niplhlp Inlnw. Ih,rrmwr ngrcer m the Icnue nunniled Benin, nckm,wlulpm mccipl al n enp)• of ihh AprecRnin nml. II npplicnhle. the tlnrlppnr Dmi oTml amf nl 11" ucenniP:nlYb+K IRnimi.nl:.IDAIfcmIm,Ntlm lre Sgkmenl. Nme xlxl 9eenrily Aidmnennnn elnnd )herd". Flnnnenl. ml nnhodmn the i SIGNED? //1 -- RICHARD ARNOLD nrrn COLO N'.. _.. ._ _ ... __ rMAI MAI COPRIERCIAL CREDIT P 6arrawer sv_ne ISCOUNT CO Titto ,r f{ izm EM-11BIT "B" Re: Account ((38159-205955 October 22, 1999 TO: Richard J. Arnold 3610 West Lane Avenue Phoenix, AZ 85051 FROM: Ci ti Financial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Company 7967 New Ridge Road, suite 222 Hanover, Maryland 21076 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Company (hereafter we, us or ours) on your property located at 580 Middle Road, Newville, PA, Cumberland County, PA per Cumberland County Mortgage Book 1502, Page 1139 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $131.26 for the month of April 1999 nor the monthly payment of $399.78 for the months of May 1999 through and including October 1999. Title report and appraisal charges have also been incurred in the amount of $205.00. Late charges for the months of May through September have accrued in the amount of $197.90. The total amount now required to cure this default, or in other words, get caught up in your payments, as of October 22, 1999 is $2,902.39. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paying to us the above amount of $2,902.34 plus any additional monthly payments, late charges and other cnarges wnicn may fall due during this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 7967 New Ridge Road, Suite 222, Hanover, Maryland 21076. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings. are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS, we may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest day that such a Sheriff's sale could be held would be approximately February 21, 2000. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: (800) 497-2380. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. CERTIFIED MAIL NO.: Z 081 211 229 We'll assume the validity of this debt unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the debt or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. c1tMnancia1\a[no1d\act6 XI-11 19131 ( "C', Re: Account #38159-205955 TO: Elsie Goldsmith 3610 West Lane Avenue Phoenix, AZ 85051 October 22, 1999 FROM:CitiFinancial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Company 7967 New Ridge Road, Suite 222 Hanover, Maryland 21076 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CitiFinancial Services, Inc., f/k/a Commercial Credit Plan Consumer Discount Company (hereafter we, us or ours) on your property located at 580 Middle Road, Newville, PA, Cumberland County, PA per Cumberland County Mortgage Book 1502, Page 1139 IS IN SERIOUS DEFAULT because you have not made the monthly payment of $131.26 for the month of April 1999 nor the monthly payment of $394.78 for the months of May 1999 through and including October 1999. Title report and appraisal charges have also been incurred in the amount of $205.00. Late charges for the months of May through September have accrued in the amount of $197.40. The total amount now required to cure this default, or in other words, get caught up in your payments, as of October 22, 1999 is $2,902.39. You may cure this default within THIRTY (30) DAYS of the date of the receipt of this letter, by paying to us the above amount of $2,902.34 plus any additional monthly payments, late charges and other charges which may fall due during this period. If you cure this default within THIRTY (30) DAYS of receipt of this letter, such payment must be made either by cash, cashier's check, certified check or money order, and made at 7967 New Ridge Road, Suite 222, Hanover, Maryland 2107 6. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS of the receipt of this letter, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings. are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the aforesaid THIRTY (30) DAY period, you will not be required to pay attorneys' fees. If you do not cure the default within THIRTY (30) DAYS of the receipt of this letter, then after said THIRTY (30) DAYS, we may also sue you personally for the unpaid principal balance and all other sums -?i31i liGit due under the mortgage. If you have not cured the default within the aforesaid THIRTY (30) DAY period and foreclosure proceedings have begun after the aforesaid THIRTY (30) DAY period, y still cure the default and prevent the sale at any time up topaying one hour the before the sheriff's foreclosure sale. You may danyolate or o her charges amount of the unpaid monthly payments fees an costs then due, as well the attorney's undercthe with the foreclosure re sale (and nd p p mortgage). It is estimated that the earliest day that s2000a SAenotice sale could be held would be approximately February 21, of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure cne ur. -t - ••-wha the the longer you wait. you may find out at any time exa? requir ctler: (800) required payment will be by calling us at the following . This payment must be in cash, cashier's check, certified at the address 80 or money order and made payable to us stated above. sale rewill in your You should realize that a Sheriff's ownership of the mortgaged property and your right you continue to live in the property after the Sheriff sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the THE PROPE LENDING TO OBTAIN property. YOU HAVE THE RIGHT OR OTOSELL BORROW MON YRTFROM ANOTHERMONEY PAY OFF THE MORTGAGE DEBT, , INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR THAT ALL BUYETHER MOSUBJECT TO RTGAGE DEBT,tE MORTGAGE TSFER THE TO A WHO WILL ASSUME PROPERTY PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT TOH DETERMINE SUNDER WHATR CITHE RCUM TANCESE THIS THE SALE; AND THAT SATISFIED). CONTACT THE RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. the If you cure the default, the mortgage will be restou dare not . However same position as no default had defaultd more than three times in entitled to this right to cure your any calendar year. CERTIFIED MAIL NO.: Z 081 211 228 We'll assume the validity of this debt unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the debt or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you collector from t from s aI debt different the creditor. This creditor's communication n is address, with current is an attempt to collect a debtinformation obtained from you will be used for debt collection purposes. citl flnancIa l\a rnold\act 6. ec I, Er..F11hB1T „C" IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Re: Account 438154-205955 TO: Richard J. Arnold 3610 West Lane Avenue Phoenix, AZ 85051 Date: October 22, 1999 FROM:CItiFinancial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Company 7467 New Ridge Road, Suite 222 Hanover, Maryland 21076 Your mortgage 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 delinquency is $2,902.34 as of today•s date and is increasing on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and including October 1999 plus title report and appraisal charges. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur i_n the next thirty (30) days. If you attend a face-to-face meeting with the lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thizty (30) days after the date of this meeting. is: The name, address and telephone number of our representative CitiFinancial Services, Inc. f /k/a Commercial Credit Plan Consumer Discount Company 7467 New Ridge Road, Suite 222 Hanover, Maryland 21076 (800)497-2380 EXH!I~ IT ..®„ The name(s), address(es) and telephone number(s) of (a) designated consumer credit counseling agency(ies) is (are): CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)591-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)239-5925 Community Action Commission of the Capital Region 1519 Derry Street Harrisburg, PA 17109 (717)232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717)293-3818 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 Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. 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. FE IXf 191 O's 1 "D- " ?I It is extremely important that your application is accurate and ii 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 as set forth above. You will be notified directly by that Agency of its decision on your i. application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. ICS Telephone Number (717) 780-3800 or 1-800-392-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1979. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: Z 081 211 229 We'll assume the validity of this debt unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing. of such a dispute (entire or partial), we'll obtain and mail to you verification of the debt or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. cltifinancial\arnnld\act91 E-EXHIBIT T" 4 IMPORTANT: NOTICE OF HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ THIS NOTICE. YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS Re: Account $38154-205955 TO: Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 Date: October 22, 1999 FROM: Ci ti Financial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Company 7467 New Ridge Road, Suite 222 Hanover, Maryland 21076 Your mortgage 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 delinquency is $2,902.34 as of today's date and is increasing on a daily basis thereafter. That sum includes the following: principal and interest due for May 1999 through and including October 1999 plus title report and appraisal charges. Your mortgage is also in default for the following reason: N/A You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with the 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: CitiFinancial Services, Inc. f/k/a Commercial Credit Plan Consumer Discount Company 7467 New Ridge Road, Suite 222 Hanover, Maryland 21076 (800)497-2380 EXHIBIT "D" 11 The name(s), address (es) and telephone number(s) designated consumer credit counseling agency(ies) is (are): of CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717)591-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)239-5925 Community Action Commission of the Capital Region 1519 Derry Street Harrisburg, PA 17109 (717)232-9757 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717)293-3818 It is only necessary to schedule one face-to-face meeting should advise this lender immediately of your intentions. (a) You If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application must be filed or postmarked, within thirty (30) days of your face-to-face meeting. 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. U DA-BIT "D11 1--11 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 as set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at: 2101 North Front Street, P.O. Box 8028, Harrisburg, PA 17105-8028. Telephone Number (717) 780-3800 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose". You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. CERTIFIED MAIL NO.: Z 081 211 228 We'll assume the validity of this debt unless you act to dispute it, or any part thereof, within 30 days after receipt of this letter. If within the aforesaid 30 day period you notify us in writing of such a dispute (entire or partial), we'll obtain and mail to you verification of the debt or a copy of any judgment against you. If requested by you within the aforesaid 30 day period, we'll provide you with the original creditor's name and address, if different from the current creditor. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. ci ti iinancl a1\arnold\act91.ec EXHIBIT "ID" VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: CITIFINANCIAL SERVICES, INC. Je ey a an Asf -stant Secretary • ?y is i 4 commercial credit\mortgage foreclosureWerification c? / ?; VVVVVV 111 I.,-- MARICOPA COUNTY SHERIFF'S OFFICE Civil Process Section 102 West Madison Street Phoenix, Arizona 85003-2292 CITIFINANCIAL Vs. RICHARD J ARN County of Maricopa VIRGIL GREEN NS057`i, BEING FIRST DULY SWORN ON OATH DEPOSES AND SAYS: THAT HE IS A CITIZEN OF THE UNITED STATES OVER THE AGE OF 21 YEARS: THAT HE HAS NO INTEREST WHATSOEVR IN THE WITHIN ENTITLED MATTER; THAT HE IS A REGULARLY APPOINTED DEPUTY SHERIFF OF MARICOPA COUNTY, ARIZONA, AND AS SUCH HAS THE POWER TO SERVE CIVIL PROCESSES WITHIN SAID COUNTY; THAT HE SERVED THE WITHIN NOTICE ON THE 28TH DAY OF FEBRUARY, 2000, ON THE WITHIN NAMED DEFENDANT RICHARD J. ARNOLD AND ELSIE COLDSMITH, BY DELIVERING TWO COPIES TO ELSIE COLDSMITH, 1 COPY FOR HERSELF AND THE SECOND FOR HER HUSBAND RICHARD J. ARNOLD, OF SUITABLE AGE AND DISCRETION, RESIDING THERIN AT THEIR USUAL PLACE OF ADOBE AT 10654 NORTH 60TH AVENUE A3027 AT 10:45 AM., IN THE COUNTY OF MARICOPA, A COPY OF SAID NOTICE TO WHICH WAS ATTACHED A TRUE COPY OF THE COMPLAINT AND VERIFI:ATIONS MENTIONED THEREIN. _ service........ 1Z mile........... notary......... _ certification.. Joseph M. Arpsio Maricopa County Sheriff DEPUTY SHERIFF Subscribed and sworn to before me this day of _ 1COL CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PRAECIPE To the Prothonotary of Cumberland County: Please enter judgment, by default, in mortgage foreclosure in favor of Plaintiff, CitiFinancial Services, Inc., and against Defendants Richard J. Arnold and Elsie Coldsmith, in the amount of $36,331.60 for their failure to file an Answer or otherwise plead to the Complaint in this case within the time allowed by law. A COPY Of the notice required by Pa. R.C.P. 237 is attached hereto and it is hereby certified that said notices were mailed to Richard J. Arnold and Elsie Coldsmith on March 27, 2000. DATED: YOFFE & YOFFE, P.C. By 4al-- F •REY . YOFF , ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\default\praecipe CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-7303 Civil RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE NOTICE TO: Richard J. Arnold, 3610 West Lane Avenue, Phoenix, AZ 85051 DATE: March 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 TO: Richard J. Arnold, 3610 West Lane Avenue, Phoenix, AZ 85051 FECHA DE NOTICIA: March 27, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFFE & YOFFE, P.C By •F •RE N. YO •FE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. citifinancia1\arno1d\10day.rja • CITIFINANCIAL SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE GOLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE NOTICE TO: Richard J. Arnold, 10654 North 60th Avenue, Apt. 3027, Glendale, Arizona 85304-3786 DATE: March 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Richard J. Arnold, 10654 North 60th Avenue, Apt. 3027, Glendale, Arizona 85304-3786 FECHA DE NOTICIA: March 27, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOFFE & YOFFE, P.C . By E FRE?f 1J. YOF••, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. citifinancia1\arno1d\10day.rja2 CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99-7303 RICHARD J. ARNOLD and, i, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE NOTICE TO: Elsie Coldsmith, 3610 West Lane Avenue, Phoenix, AZ 85051 DATE: March 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Elsie Coldsmith, 3610 West Lane Avenue, Phoenix, AZ 85051 FECHA DE NOTICIA: March 27, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA-USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DESE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (600)990-9108 YOFFE & YOFFE, P.C B OE FR N. O 9, ESQUIRE orney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. citifinancial\arnold\10day.ec CITIFINANCIAL SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE NOTICE TO: Elsie Coldsmith, 10654 North 60th Avenue, Apt. 3027, Glendale, Arizona 85304-3786 DATE: March 27, 2000 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 NOTICIA IMPORTANTE TO: Elsie Coldsmith, 10654 North 60th Avenue, Apt. 3027, Glendale, Arizona 85304-3786 FECHA DE NOTICIA: March 27, 2000 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CABO. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OSTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE ABOGADA 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA 0 LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTEMBER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YO?FFEYYOOFFFEE P. ?ffEFFR ?LLSQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained from you will be used for debt collection purposes. citifinancial\arnold\10day,ec2 =' - e ? _ ?.. ' _; L i ? . ? ? -',.? ? ? ? ?_ ? ? ? r CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE To: Richard J. Arnold and Elsie Coldsmith /? You are hereby notified that on ,J./oi? ( ?_( , 2000, a Judgment has been entered against you in the above cc pt= ioned case in the amount of $36,331.60. ,/j1J\ DATE: r thonotary I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is: Richard J. Arnold 3610 West Lane Avenue Phoenix, AZ 85051 Richard J. Arnold 10654 North 60th Avenue Apt. 3027 Glendale, AZ 85304-3786 Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 Elsie Coldsmith 10654 North 60th Avenue Apt. 3027 Glendale, AZ 85304-3786 YOFFE & YOFFE, P.C. Date: ??UF??ESQUIRE / Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 A: Defendido/a Defendidos/as For este medio se is esta notificando que el de del 1999, el/la siguiente (Orden), (Decreto), (Fa11O) ha sido anotado en contra suya en el caso mencionao en el epigrafe. FECHA: Protonotarlo Certifico que la siguiente direction es la del defendido/a segun indicada en el certificado de residencia: Richard J. Arnold, 3610 West Lane Avenue, Phoenix, AZ 85051 Richard J. Arnold 10654 North 60th Avenue, Apt. 3027, Glendale, AZ 85304-3786 Elsie Coldsmith, 3610 West Lane Avenue, Phoenix, AZ 85051 Elsie Coldsmith, 10654 North 60th Avenue, Apt. 3027, Glendale, AZ 85304-3786 YOFFE & YOFFE, P.C. Date: By l EF• EY YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 cit ifinancial\amold\default\not ice of judgment Attorney ID No. 52933 CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT OF NONMILITARY SERVICE To the best of the Plaintiff's and the undersigned's knowledge information and belief, Defendants are not in the military service as defined and covered by 50 U.S.C.A. Section 501 et seq. YOFFE & YOFFE, P.C. Date: citifinancial\arnold\default\nonmilitaYy Ar N. Yof , Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ?l CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESSES The undersigned certifies that to the best of Plaintiff's knowledge the names and addresses of the proper individuals who are to receive notice of entry of judgment in the above captioned action are as follows: Richard J. Arnold 3610 West Lane Avenue Phoenix, AZ 85051 Richard J. Arnold 10654 North 60th Avenue Apt. 3027 Glendale, AZ 85304-3786 Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 YOFFE & YOFFE, P.C. Date: By ?, 4 e fr N. Yo fe, Esquire Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 cit if inancial\arnold\default \cert if icat ion of addresses - ?-? ?. -. L: G` J.? ?:=: _ _ _ i ' ';? ? L_I '?.?? c?: i:C ;: ?_ .. +'...1 ? ? _? ?., -? ra i CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) To the Prothonotary of Cumberland County: Please issue writ of execution in the above matter: Amount Due $36,331.60 Interest from 4/25/00 to 9/6/00 at % per year $1,673.66 (Costs to be added) $ YOFFE & YOFFE, P.C. Date: By effre . Yof e, Esquire Attorney for Plaintiff. 214 Senate Avenue, Suite 202 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\praecipe for writ ) ?f J IF, CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yaffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 580 Middle Road, Newville, Pennsylvania, per further description attached hereto as Exhibit "A": 1. Name and address of owner(s) or reputed owner (s): NAME: ADDRESS: Richard J. Arnold Richard J. Arnold Elise Coldsmith Elsie Coldsmith 2. Name and address of defendant NAME: Richard J. Arnold Richard J. Arnold Elise Coldsmith Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 65051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 (s) in the judgment: ADDRESS: 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 I Ford Motor Credit Company 938 Penn Avenue Pittsburgh, PA 15222 Providian National Bank 295 Main Street Tilton, NH 03276 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 5. Name and address of every other person who has any record lien on the property: ADDRESS: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None ADDRESS 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ADDRESS None I verify that the statements made in this Affidavit are true and correct to the best Of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. YOFFE & YOFFE, P.C. DATED: By J F Y N. YO FE, ESQUIRE Attorney for Plaintiff i 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 citifinancial\amold\execution\aff3129 Attorney ID No. 52933 11 ? 1 DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citiEinancial\arnold\execution\deocription of property , t, LL-'A CITIFINANCIAL SE RVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE. FORECLOSURE NOTICE PURSUANT TO PA.R.C.P 3129 TO: Richard J. Arnold and Elsie Coldsmith, defendants and owners (or reputed owners) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas Of Cumberland County on the Judgment entered to docket number 99-7303 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Commissioner's hearing room the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: l Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule Of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. ! The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. i YOFFE & YOFFE, P. C. i 4 Date: ?EFFY N. Y ^FE, ESQUIRE Attorney for Plaintiff .i 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\notice of sale s?YY1R?'i' DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citifinancial\arnold\execut ion\descript ion of property EPCHIBIT. ? it CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAN IN MORTGAGE FORECLOSURE ACT 6 AND ACT 91 CERTIFICATION The requirement of Act 6 of 1974, 41 P.S. §403 and the Homeowner Mortgage Assistance Act of 1983 (Act 91) have been complied with in this case by virtue of letters dated and mailed to Defendants on October 22, 1999, containing information required by said statutes. An exact copy of said notices were attached to the complaint filed by Plaintiff in this case. YOFFE & YOFFE, P.C. Date: N. Y •FE, ESQUIRE ^JEFFR ? Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citif inancia1\arno1d\execution\act6-act9lcert ificat ion t F• i I I . ?? -- ?? _ ?' , ;-_ -- :; - __ ._; CITIFINANCIAL SERA CBS, fNC., Vs. RICHARD J• ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that Richard J. Arnold and Elsie Goldsmith were served with the Notice of Sale filed in this case and were served on May 5, 2000. A COPY of the Sheriff's Return of Service from Maricopa County, Arizona is attached hereto. citifinancial\arnold\cettificate of service YOFFE & YOFFE, P.C. ?? 0. t B EFFREY N. YOFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 r ry--- r MARICOPA COUNTY SHERIFF'S OFFICE Civil Process Section 102 West Madison Street Phoenix, Arizona 85003.2292 CITIFINANCIAL SERVICES, INC. Va. RICHARD J ARNOLD STATE OF ARIZONA ) Case # 997303 ) SS. County of Maricopa ) Docket # C152388 HASAT THE AGE OFH21 DEPOSES YSAYS: HEV IS G A LCIGREEN TIZEN OF THE UNITED FIRST STATES U OVER SWORN NO INTEREST WHATSOEVER IN THE WITHIN ENTITLED MATTER; THAT HE IS A REGULARLY APPOINTED DEPUTY SHERIFF OF MARICOPA COUNTY, ARIZONA, AND AS SUCH HAS THE POWER TO SERVE CIVIL PROCESSES WITHIN SAID COUNTY; THAT HE SERVED THE WITHIN NOTICE ON THE 5TH DAY OF MAY, 2000, ON THE WITHIN NAMED DEFENDANT RICHARD J. ARNOLD AND ELSIE COLDSMITH, BY DELIVERING TWO COPIES TO ELSIE GOLDSMITH, 1 COPY FOR HERSELF AND THE SECOND COPY FOR RICHARD J. ARNOLD, OF SUITABLE AGE AND DISCRETION, RESIDING THEREIN AT THEIR USUAL PLACE OF ADOBE AT 10654 NORTH 60TH AVENUE #3027, GLENDALE, ARIZONA AT 11:20 AM., IN THE COUNTY OF MARICOPA, A COPY OF SAID NOTICE. Fees: 17 sere........... S 220.00 5.50 Maricops County Sheriff _ notary......... c.rtifiication. . Total. 45.50 VIRGI REEN, #50575,nnD?q1EPUTY SHERIFF Subscribed and sworn to before me this ?_ day of Not Atha Coun of Maricopa - State of Arizona "OFFICIAL SC ? .? Orenda Lafka 1 CVLF002 A 5 2 6 2 Notary Puhhc Anz (I ? Maric?paCOUn f. ??` My CommissionEzpue _: ;J I ATTACHEMENTS TO C152388: NOTICE PURSUANT TO PA.R.C.P 3129 ENTERED AS NOTICE. DEPUTY GREEN #575 DEPUTY SHERIFF CITIFINANCIAL SERVICES, INC., Plaintiff Vs. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA' NO. 99-7303. 11716 CIVIL ACTION - LAW ??J? IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 a: . it TO: Richard J. Arnold and Elsie Coldsmith, defendants and owners (or reputed owners) in the above captioned action and with respect .to,real estate hereinafter described, and all other parties in int"i'est_:,and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of -_? Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 99-7303 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the commissioner's hearing room the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. Date: By r, ??7EFFRE N. YOF /,/'ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\notice of sale 1F_.__-" y DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citifinancial\arnold\execution\description of property EXHIBIT "All cn 1- U7^ C?': l y n. Z LL 1 b 11 aau " CITIFINANCIAL SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, : CIVIL ACTION - LAW Defendants : IN MORTGAGE FORECLOSURE SUPPLEMENTAL CERTIFICATE OF SERVICE The undersigned certifies that on June 1, 2000 he served a copy of the Notice of Sale attached hereto as Exhibit "A" on Ford Motor Credit Company. Service was accomplished by depositing the same in the United States Mail, First Class, postage prepaid and addressed as follows: Ford Motor Credit Company 16800 Executive Plaza Drive MD#3 Northeast-B Dearborn, Michigan 48126-4207 A copy of the Certificate of Mailing is attached hereto as Exhibit "B". The purpose of filing this Supplemental Certificate of Service is to provide a record that the undersigned served Ford Motor Credit Company at a second address (which appears above) in addition to the address indicated in the previous Certificate of Service filed of record in this case. YOFFE & YOFFE, P.C. B66EPPRET N. YOFFE,' ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\certificate of nervice2 CITIFINANCIAL SERVICES, INC., Plaintiff Vs. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Richard J. Arnold and Elsie Coldsmith, defendants and owners (or reputed owners) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 99-7303 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Commissioner's hearing room the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: EXHIBIT "A" Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland county, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (lo) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is in such amount as the law otherwise paid in full beforehand, or requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's as handbill o though the incorporated herein as part of this notice, as fully Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P.C. B . ?Jl I y Date: E FR N. Y FFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 -{: citifinancial\arnold\execution\not ice of sale EXHIBIT "All DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citifinancial\arnold\execution\dencription of property EXHIBIT "All U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL M. iIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Rccaivcd From: YOFFE & YOFFE, P.C. 214 SENATE AVENUE SUITE 203 CAMP HILL. PA 17011 PH. 7 piece of ordinary mail addressed lo: ((DSvo ?cu-r1?? ?la?? Dave ? ?3 Nor-{?as?- l3 4Ybarn iG(u62>t 4?l?fi-??o7 _._.... a,. ,,o, EXHIBIT "B" Affix too herein stamps or mater postage and post mark. Inquire of Postmaster for current fee. yil, to ? G a JIM 201,00 L ?:. Y y t91?9EOJ ?.... ... ?- -- i': '?`_' j r ?. :?. _?` ?T ? I r _] ??' 7 ??? CJ - =?? :J CJ '_ ?. CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE The undersigned certifies that on May 10, 2000 he served a copy of the Notice of Sale attached hereto as Exhibit "A" on the parties li•Ited below. Service was accomplished by depositing the same in the United States Mail, First Class, postage prepaid and addressed as follows: Providian National Bank 295 Main Street Tilton, NH 03276 CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21706 Ford Motor Credit Company 938 Penn Avenue Pittsburgh, PA 15222 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 A copy of the Certificates of Mailing are attached hereto as Exhibit "B". YOFFE & YOFFE, P.C. AE N. YO "f, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\certificate of service CITIFINANCIAL SERVICES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, CIVIL ACTION - LAW ELSIE COLDSMITH, Defendants IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Richard J. Arnold and Elsie Coldsmith, defendants and owners (or reputed owners) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 99-7303 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland county will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Commissioner's hearing room the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the 6th day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: EXHIBIT "A" Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. Date: citifinancial\arnold\execution\not ice of sale E, P.C. YOFIF/E & YOFFFo'd By U FRFFE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 EXHIBIT "A" DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citifinancial\arnold\execution\description of property EXHIBIT 11 A" U.S. POSTAL SERVICE CERTIRCATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: YOFFE & YOFFE, P.C. 214 SENATE AVENUE. ?? (AMP HILL, PA 17011 O mace of ordinaryA 'mail addressed to: RbAt i') 1\V L?!'V1R1 1?/n.Y., T mz? 7 14w I N44 U3a-1(a C PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC ANDJD ZSRtA:"QNAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Recelvad From: YOFFE & YOFFE, P.C. 214 SENATE AVENUE. SUITE 2M Ah'P HILL, PA 17011 One piece of ordinary mail addressed to: CJ 1? ? ta-? Ji S ?I?C I OZad SUI.4f 22z lJ? G 11 401(o PS Form 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNA NAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Raceiaed From: YOFFE & YO E, P.C. 214 SENATF AVFNI IF cl uTC ,? CAMP HILL, PA 17011 F H. 717) 975-1538 , F One piece of ordinary mail addressed to: J Rd Abiw U44 &6*4ALA sue A' PA 15222 PS Form 3817, Mar. 1989 Affix lee here in stamps or motor postage and pn9. mv6 I-?+'.. el BILLYMrrCHEIL •'t r Ji f• C Affix fee here in stamps d BIL].YMrTCHELL: •f ... R i? i? EXHIBIT "B" N W .. 1?•' *aY 3. m Q O G6. /- v x J J, J z Z z p, J 4 0 0 f d T r IL ti W Q O a LL Z 11 z z a O ILLI ?- W i ? LL? 11 l? V I -- ,0 LL- 0 Z r' _ a O I'-•' P } Lu p' W D 2 En <Y a ? ,Q O N a 9 W Our In z E o F AO e ` ° N ut 6 (0 ? - G ? Y? a o X26 a` e o` as m I q ri m I O LL ? a , Affix lap here in stamps d e. 7 f Cl) Y c^ / ? -: • _ ? CI ' UJ Z-D :III LI c'1 ?= v U C c, !r S 1 LAW OFFICES YOFFE & YOFFE, P. C. 214 Senate Avenue * Suite 203 Camp Hill, Pennsylvania 17011 NORMAN M. YOFFE Telephone (717) 975-1838 JEFFREY N. YOFFE Fax (717) 975-1912 June 8, 2000 Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: CitiFinancial Services, Inc. vs. Richard J. Dear Interested Person: I represent CitiFinancial Services, Inc. in the above referenced Mortgage Foreclosure action. Please file the enclosed Certificate of Service and return a time stamped copy of the first page of the Certificate of Service to me in the enclosed envelope. Sincerely, YOFFEE & YOFFE, P.C. B AefrN. Yoffe JNY:ms Enclosure Cc: Cumberland County Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 citif inancia1\arno1d\1etter18 STATE OF PENNSYLVANIA, t COUNTY OF CUMBERLAND J ss. I ____- Robert_P Ziexeler ____________ Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ________________ Citifinancial Serv Inc --------- ---- - - --- - °------------------------------------------------------- isthe grantee the same having been sold to said grantee on the Se to b ___ day of --------- __ m-er ---------------------- A. D., f9r2000 _ under and by virtue of a writ-------------- ------------------------------------------------ Execution issued on the - -- -- 2nd day of aY _______________________ A. D,, 1gx ----- out of the Court of Comman Pleas of said County as of Civil ------------------------------°-------------------------------------------------- Tenn, 19--- 99- Number___7303- ---- at the suit of Ci-tifinancial Serv Inc --------------------------------------------- Richard J Arnold & Slsie Coldsmith . ------------------------------------------- IS c duly recorded in Sheriff's Deed Book No. 230 Page --_ 640 IN TESTIMONY WHEREOF, I/have ercunto set my hand and seal of said office this & _ .tom.. of i i ? OrnadrJrt ?[rFi?d?? Citifinancial Services, Inc. -vs- Richard J. Arnold and Elsie Coldsmith In the Court of Common Pleas of Cumberland County, Pennsylvania No. 1999-7303 Civil David McKinney, Deputy Sheriff, who being duly sworn according to law, says on July 13, 2000 at 2:40 o'clock P.M. EDST he posted a copy of Real Estate Writ Notice Poster and Description on the property of Richard J. Arnold and Elsie Coldsmith located at 580 Middle Road, Newville, Cumberland County, Pennsylvania according to law. 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 House, Carlisle, Cumberland County, Pennsylvania on September 6, 2000 and sold the same for the sum of $ 1.00 to Attorney Leon P. Haller for Citifinancial Services, Inc. It being the highest bid and best price quoted for the same Citifinancial Services, Inc. of 7467 New Ridge Road, Suite 200, Hanover, MD being the buyer in this execution paid to Sheriff R. Thomas Kline the sum of $ 832.34 it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Sworn and Subscribed To Before Me This 5- Day of 06& -411 LLL- I 2000, A.D. t-e_. CC ?hc& ' yT 30.00 16.23 15.00 15.00 30.00 10.00 .50 1.00 8.68 3.29 15.00 30.00 321.20 261.41 23.53 25.00 26.50 $ 832.34 Pd By Atty 10/05/00 R. Thomas Kline, Sheriff By jka2K Real Estate Deputy o I.oock?) ?pos? P4- /o? 3sD CITIFINANCIAL SERVICES, INC., Plaintiff VS. RICHARD J. ARNOLD and, ELSIE COLDSMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7303 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE AFFIDAVIT UNDER PA. R.C.P. 3129.1 Yoffe & Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, Attorney for Plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real estate located at 580 Middle Road, Newville, Pennsylvania, per further description attached hereto as Exhibit "A": 1. Name and address of owner (s) or reputed owner (s): NAME: ADDRESS: Richard J. Arnold Richard J. Arnold Elise Coldsmith Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Gler.lale, AZ 85304-3786 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 2. Name and address of defendant (s) in the judgment: NAME: ADDRESS: Richard J. Arnold Richard J. Arnold Elise Coldsmith Elsie Coldsmith 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 3610 West Lane Avenue Phoenix, AZ 85051 10654 North 60th Avenue, Apt. 3027 Glendale, AZ 85304-3786 3. Name and address of every judgement creditor whose judgment is a record lien on the real estate to be sold: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 r MORI Ford Motor Credit Company 938 Penn Avenue Pittsburgh, PA 15222 Providian National Bank 295 Main Street Tilton, NH 03276 4. Name and address of the last recorded holder of every mortgage of record: NAME: ADDRESS: CitiFinancial Services, Inc. 7467 New Ridge Road, Suite 222 Hanover, MD 21076 5. Name and address of every other person who has any record on the property: lien ADDRESS: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None ADDRESS 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ADDRESS None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: cit ifinancia1\a-01d\executi11\aff3129 YOFFE & YOFFE, P. C. SYA46t' //) 4 e/JEFFfPgY N. YO FE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29' seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book l Volume 3 Page 9 dated October 22, 1985 and recorded October 22, 1985 Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold unde Judgment No. 99-7303. citifinancial\arnold\execution\deacription of property EXHIBIT "All I CITIPINANCIAL SERVICES, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7303 RICHARD J. ARNOLD and, ELSIE COLDSMITH, CIVIL ACTION - LAW Defendants IN MORTGAGE FORECLOSURE NOTICE PURSUANT TO PA.R.C.P. 3129 TO: Richard J. Arnold and Elsie Coldsmith, defendants and owners (or reputed owners) in the above captioned action and with respect to real estate hereinafter described, and all other parties in interest and claimants: YOU ARE HEREBY NOTIFIED, that by virtue of the Writ of Execution issued out of the Court of Common Pleas of Cumberland County on the Judgment entered to docket number 99-7303 in said County, the real estate described herein will be exposed to public sale as set forth herein. Pursuant to the aforesaid Writ of Execution, the Sheriff of Cumberland County will expose to public sale the aforesaid real estate and improvements thereon erected, if any, described in Exhibit "A" attached hereto and made a part of this notice. Said public sale will occur in the Commissioner's hearing room the Cumberland County Courthouse, located 1 Courthouse Square, Carlisle, Pennsylvania, on the Gth day of September 2000 at 10:00 A.M. YOU ARE ALSO NOTIFIED that you may have legal rights to prevent the aforesaid real estate from being sold, including your right to file a petition to open, strike or set aside the judgment entered against you which permitted this writ to issue, and perhaps to prevent a Sheriff's sale. Also, if your property is sold, you may have the right to have the sale set aside if the price is "grossly inadequate". However, if you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOU 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 OUR WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 YOU ARE FURTHER NOTIFIED that a proposed schedule of distribution of the proceeds of the above sale will be filed by the said Sheriff of Cumberland County, on a date specified by the Sheriff not later than 30 days after the sale, and that distribution of said proceeds will be made in accordance with the said schedule of distribution unless exceptions are filed thereto within ten (10) days after the filing of the schedule. Your real estate will be sold at Sheriff's sale, as indicated above, unless the judgment, together with the costs and interest, is paid in full beforehand, or in such amount as the law otherwise requires to stop the sale. The Sheriff of the aforesaid County is required by law to post in his office and on the real estate as well, a handbill notice of the sale, which notice may contain additional information concerning the sale and which may be of interest and value to you. The Sheriff's handbill must be posted as aforesaid at least 30 days before the sale. The entire contents of the aforesaid Sheriff's handbill are incorporated herein as part of this notice, as fully as though the Sheriff's handbill notice were herein set forth at length. YOFFE & YOFFE, P. C. Date: gy ?i / %/? -k EFF Y 14. Y FE, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 citifinancial\arnold\execution\notice of nale _.: DESCRIPTION OF PROPERTY TO BE SOLD Docket No. 99-7303 Judgment Amt: $36,331.60 Executing Creditor's Atty: Jeffrey N. Yoffe, Esquire, 214 Senate Avenue, Suite 203, Camp Hill, PA 17011. 717-975-1838 ALL THAT CERTAIN tract of ground situate in the Township of Upper Mifflin, County of Cumberland and Commonwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wit: BEGINNING at a railroad spike in the centerline of Township Road T-402 at the northeastern corner of Lot No. 4 on said plan, which spike is situate 25.00 feet from an iron pin set in the right-of-way line of T-402; thence through the centerline of T-402, south 64 degrees 38 minutes 29 seconds east, 150.00 feet to a railroad spike in the centerline of T-402; thence by Lot 6 on said plan, land now or formerly of R. Cyrus Markel and Martha A. M. Markel, husband and wife, south 34 degrees 19 minutes 40 seconds west, 177.17 feet to an iron pin; thence by Lot 7 on said plan, north 64 degrees 38 minutes 29 seconds west, 122.38 feet to an iron pin; thence by Lot 4 on said plan, land now or formerly of Steven and Brenday Gayman, north 25 degrees 21 minutes 31 seconds east, 175.00 feet to a railroad spike in the centerline of T- 402, the first mentioned point and place of BEGINNING. Being the same premises which Bobby E. Kendall, granted and conveyed to Richard J. Arnold and Thelma J. Arnold, his wife, pursuant to deed recorded in Cumberland County Record Book 0, Volume 31 Page 9 dated October 22, 1985 and recorded October 22, 1985. Having Tax Parcel #44-06-0037-068 To be sold as the property of Richard J. Arnold under Cumberland County Judgment No. 99-7303. citifinancial\arnold\execution\description of property EXHIBIT A' s?woa - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA ) NO. 99-7303 CIVIL W Term COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due Citifinancial Services, Inc. JI from Richard J. Arnold and Elsie Coldsmith, 580 Middle Road, Newville, PA r DEFENDANT(S) (1) You are directed to levy upon the properly of the defendant(s) and to sell See Legal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of t GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) It propertyof the clefenclant(s) not levied upon an subject to attachment isfound inthe possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,331.60 L.L. $.50 Interest from 4/25/00 to 9/6/00 - $1,673.66 Due Prothy $1.00 i Ally's Comm % Other Costs II Ally Paid $192 sn I Plaintiff Paid Date: _ May 9, 7nnn REQUESTING PARTY: Curtis R Tnng Prothonotary, Civil Division Deputy Name _ Jeffrey N. Yoffe, Es Address: 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-975-1838 Supreme Court ID No. 52933 RIAL ESTW SALE NO, url --,? -3, 9.7r'' the sheriff levied upon the defendants interest In the real property situated in ' - - '/f?? ?n?/& Cumberland County, Pa., known and numbered as:,sVJ Wne?Z.w.X- and more fulh, described on Exhibit „A" filed with this writ and by this reference incorporated herein. v?? 0 GO rl (ED tTAV TIE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Rct No. 587 Rooroued May 16 . 1929 Commonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the 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 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of THE PATRIOT- NEWS and THE SUNDAY PATRIOT-NEWS newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday and Metro editionsfissues which appeared on the 1st, 8th and 15th day(s) of August 2000. That neither he nor said Company Is Interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in M'cellaneous Book "M", Volume 14, Page 317. PUBLICATION -------------- ---------------------------------- COPY Sworn to and 30th dayydf Auquat-)2000 A.D. Notarial Seal /// / / Terry L. Russell, Nola Pu Harrisburg, DeupNn Coup My Comrnwien Expires Ewe 6, 2002 N ARY PUBLIC Member, Pennsylvania Associat VNfRByiIsslon expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 259.91 Probating same Notary Fee(s) $ 1.50 Total $ 261.41 sher's Receipt for Advertising Cost THE PATRIOT-NEWS CO., publisher of THE PATRIOT-NEWS and THE SUNDAY PATRIOT-NEWS, newspapers of general circulation, hereby acknowledge receipt of the atoresaid notice and publication costs and certifies that the same have been duly paid. THE PATRIOT-NEWS CO. By .................................................................... SALE #17 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 ESTATE BALE NO. 17 / writ No. 99.7303 Civil Rog r M. Morgenthal, Editor Clunnancial services. Inc. V5. Mchard J. Arnold and Elsie Coldsmini Atty.: Jeffrey M. Yoffe DESCRIf rION OF PROPERTY TO BE SOLD ALLTHATCERTAiN tract ofground situate in U1cTotms111p of Upper Mif- flin. County of Cumberland and Com. monwealth of Pennsylvania, being Lot No. 5 on a plan of lots recorded in Plan Book 32, Page 147, bounded and described as follows, to wlt: SWORN TO AND SUBSCRIBED before me this I 1 day of AUGUST. 2000 1016 E. SNYDER, notary PAk CorlW* Eoro, Cumbwfond County, PA My Commisvon Expire Momh 3, 2001