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HomeMy WebLinkAbout01-1728Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN iNTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS, DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 0 l COMPLAINT - CIVIL ACTION COMPLAINT 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 17103 (717) 249-3166 AVISO Lc han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandadas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandato y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades o otros dereches importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Spear & Hoffman, P.A. BY: ROBERT W. CUSICK Attorney I.D. No. 80193 1020 North Kings Highway, Suite 210 Cherry Hill, New Jersey 08034 (856) 755-1560, Attorney for Plaintiff, Loan No.: 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOB1N ST. CARLISLE, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, with its principal place of business located at P.O. BOX 840 BUFFALO, NY 14240- 0840. 2. The names and last known addresses of the Defendants are: DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM, 820 GOBIN ST., CARLISLE, PA 17013. 3. The interest of each individual Defendant is as mortgagor, real owner of the real property subject to the mortgage described below, or both. 4. On or about DECEMBER 17, 1993, Mortgagors made, executed and delivered a Mortgage upon the premises hereinafter described to FARMERS TRUST COMPANY, which Mortgage is recorded as follows: Office of the Recorder of Deeds in and for CUMBERLAND COUNTY DATE OF MORTGAGE: DATE RECORDED: DECEMBER 17, 1993 DECEMBER 22, 1993 BOOK: 1187 PAGE: 467 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. 1019(g). A true and correct copy of said Mortgage is attached hereto as Exhibit "A' and incorporated herein by reference. 5. On or about DECEMBER 17, 1993, in consideration of their indebtedness to FARMERS TRUST COMPANY, DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM made, executed and delivered to FARMERS TRUST COMPANY their promis, sory Note in the original principal amount of $102,000.00. The Note is referenced herein only insofar as the terms of the Note are incorporated into the Mortgage. 6. Plaintiffis the legal holder of the Mortgage by virtue of being the legal successor in interest to the original Mortgagee. 7. The Mortgage is secured by property located at 820 GOB]N ST., CARLISLE, PA 17013, which is more particularly described in the legal description attached hereto as Exhibit 'B' and incorporated herein by reference. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, due SEPTEMBER 22, 2000 and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become immediately due and payable forthwith together with late charges, escrow deficit (if any), and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage: Principal Balance 8.98% interest from AUGUST 23, 2000 to FEBRUARY 28, 2001 at $24.87 per day Accrued Late Charges Escrow Advances made by Plaintiff Estimated Attorney's Fees $90,771.03 $5,272.44 $42.26 $1,104.00 $3,600.00 TOTAL AMOUNT DUE $100,789.73 Interest continues to accrue at the per diem rate of $24.87 for every day after FEBRUARY 28, 2001 that the debt remains unpaid. 10. The original principal balance of the Mortgage is in excess of $50,000.00 and therefore, Notice of Intention to Foreclose Mortgage, pursuant to Act 6, 41 P.S. §403 is not applicable. ll. Pursuant to the notice provisions of Act 91, 35 P.S. §1680.403(c), notice was sent to Defendants, dated DECEMBER 21, 2000. Copies of the notices to the defendants are attached as Exhibit 'C'. Defendants have failed to meet with the plaintiff or any of the consumer credit counseling agencies listed in the notice and/or have further failed to meet the time limitations specified in the notice and/or have been denied assistance from the Pennsylvania Housing Finance Agency. 12. Notice pursuant to the Fair Debt Collection Practices Act is attached as Exhibit "D". WHEREFORE, Plaintiff respectfully requests this Court to enter judgment IN REM in favor of Plaintiff and against the within named property of the Defendants in the amount set forth in paragraph 9, together with interest, attorney's fees, and other expenses, costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged premises. DATE: SPEAR & HOFFMAN, P.A. ROB~ER~USICK VERIFICATION The undersigned, ROBERT W. CUSICK, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff and that he is authorized to make this Verification on behalf of Plaintiff, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. THE UNDERSIGNED UNDERSTANDS THAT FALSE STATEMENTS HEREIN AR~ MADE SUBJECT TO THE PENALTiES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ROBERT W. CUSICK Attomey for Plaintiff Exhibit "A " RECORDATION REQUESTED BY: Farmers Trust Company One West High Street Carlisle, PA 17013 WHEN RECORDED MAIL TO: Farmers Trust Company One West High Street Carliale, PA 17013 SEND TAX NOTICES TO: Douglas S. Graham and Ma*got a. Graham 82° Gobln DHve Carltate, PA 17013 SPACE ABOVE THIS LINE IS FOR RECORDER',~'I,I~E ONlY MORTGAGE ; THIS MORTGAGE IS DATED DECEMBER 17, 1993, between Douglas S. Graham and Margot B. Graham, OWner(s) In fee simple, whose address Is 820 Gobln Drive, Cadlale, PA 17013 (referred to below as "Grantor"); and Farmers Trust Company, whose address la One West High Street, Carlisle, PA 17013 (referred to below "Lender"). GRANT OF MORTGAGE. For vahlabte conMderatlon, Grantor grants, bargains, sells, conveys, a~dgn~, transfer~ reteaeas, ¢~ asd mortgages to Lender all of Grantor's right, flue, and interest In and to the fuilowing described real property, together with all existing or subeaquenlty erected or affixed buildings, improvements and fixturee; all streets, lanes, alleys, p~__~_'~_ges, and ways; all easements, rights of way, all tib~, privileges, tenements, hereditaments, and aPpurtenances thereunto belonging or anywise made appurtenant hareelter, and the reversions and ~m~.?n_.ci_~e~._ with ~t ~thare.t.o; sl .water, .water rights, watercourses and ditch rights (including stock in utilities with ditch or brtgallon dghts); and al ,~=, ,~ma, royames, eno proms re e! ng to Ina real properly, noluding without flmifaiton all minerals, oil, gss, geothermal and sirnitsr matters, located in Cumberland County, Commonwealth of Penneylvanla (the "Real Property"): see Exhibit A township: The Real Property or its address la commonly known aa 820 Gobin Drive, Carlisle, PA 17013. Grantor presently assigns to Lander all of Grento~s right, flits, and thlerest in end to all leeses of the Property and all Rents from the Properly. In addition, Grantor grants to Lender s Uniform Commer~l Code sanurily interest in the Personal Property and Rents. DEFINITIONS. The following words shall have the following meanings when used in this Mo.dgaga. Terms not otherwise defined In this M¢~gaga shati have the meaniogs attributed to such terms in the Uniform Commercial Code. Att references to dollar amounts shall mean amounts in tswful money of the United States of America. Grantor. The word "Grentcr" means Douglas S. Graham and Margot B. Graham. The Grantor is the mortgagor under this Mor[gaga. Guarantor. The word "Guarantor' means and includes without limitation, each and all of the guarantors, sureties, and accommodation pa'ilea in connection with the Indebtedness. Improvements. The word "Improvements' means end Includes without limitation all existing end future improvements, fixtures, buildings, structures, mobile homes affixed on the ResJ Property, facilities, additions, replacements and other ounsfrucitan on the Real Properly. Indebtedness. The word "Indebtedness" means all principal and interest peysbts under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Lender to enforce obligations of Grentcr under this Modgaga, together with interest on such amounts es provided In this Mortgaga. Lender. The word 'Lender" means Farmers Trust Company, its successors and assigns. The Lender is the mortgages under this Modgaga. Morlgage. The word "Mortgage" means this Morlgaga between Grantor and Lender, and includes without limitation all assignments and escudty interest provisions rotating lo the Personal Properly and Rents. Note. The word "Nots" means the promissory note or oredit e. greamant dated December 17, 1993, In the original principal amount of $102,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, reflnencings of, conecildaltuns of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Pereonof Properly. The words "Personal Property" mean all equipment, fixtures, and other ad~ofea of personal property now or hereafter owned by Grantor. and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all raptaCemants of, and all substitutions for, any of such properly; and together with all proceeds (lr=luding without limitation ali insurance proceeds and refunds of premiums) from any sale or other disposition of the Property, Property. The word "Properly" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean Ihs properly, interests and rights described above in the "Grant of Mortgage' section. Related Documents. The words "iqofaled Documents" mean end 'inolude without limitation all promissory notes, orodif agreements, te~n agreements, guaranties, security agreements, morlgages, deeds of trust, end all other Instruments, agreements end documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word '1:tents" means all present and future rents, revenues, income, issues, royal les profits end other benefits derived from the Prop 7. . TH S MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND T~ii~E~I~INI~:=~ES'I~II~'~[IE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDE~TEDflESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: ' MORTGAGE Page 2 (Continued) L PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender all amounts eaoured by this Modgage as they become due, and shall aidofty perform ell of Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession snd use of the Properly shall be governed by the following provisions: Possession and Uae. Until in default, Grantor may remain In possession and control of and operate end menage the ~ and collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Properly in tenantable condition and promptly pedorm all repairs, rspiscen{ants, end malntananse nacessary to preserve its value. Hazardous Substance~ The terms "hazardous waste," "hazardous substance," "disposal," 'release,' and "threatened release," as used in this Mortgage, shall have the same meanings as eat fodh in the Comprehensive Environmental Response, Compensation, and Liability ACt of 1980, as amended, 42 U.S.C. Section 9601, et esq. CCERCLA"), the Superfund Amendments and Reauthorizatlon Act of 1986, Pub. L, No. 99-499 ("SARA"), the Hazardous Materials Transportation ACt, 49 U.S.C. Section 1801, et seq., the Reaouros Cortea~vetion and Ronov~/ACt, 49 Section 6901, et esq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the tomgolng, The terms "hazardous waste" end "hazardous substance" shall also tediude, without limitation, petroleum end petroleum by-.products or any fra~lco thereof and esbestos. Grantor raprasenis and wan'ante to Lender that: (a) Dudng the period of Grantors ownership of the Properly, there has been no use, generation, manufacture, storage, treatment, disposal, releaea or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) GJ'antor has no knowledge of, er reason to believe that there has been, except as prevtourJy dis~oead to and acknowledged by Lender In wdting, (I) any usa, generation, manufacture, storage, treatment, dispoeal, ral_aa__ee_, or threatened release of any hazardous waste or substance by any prior owners or cooupents of the Properly or (ii) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in wdting, (I) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall usa, generate, manufacture, store, beat, dispose of, or release any hazardous waste or substance on, under, or about the Properly and (ii) any such activity shall be conduced in compliance with ell applicable federal, state, and local laws, regulations and ordinensas, Including wtihout limitation those laws, regulations, and ordinances deearibed above. Grantor authorizes Lender end its agents to enter upon the Properly to make sush insbections and tests, et Grantor's expense, as Lender may deem appropriate to determine compltanco of the Probedy with this section of the Modgege. Any inspections or tests made by Lendei' shall be for Lender's purposes only and shall not be construed to c~eate any responsibility or liability on the pert of Lender to Grantor or to any uther pemon. The representations and warranties contained herein are based on (3rantor's due diligence in investigating the Propmly for hazardous waste. Grantor hereby (a) releases end waives any futura claims against Lender for Indemnity or contribution in the event Grantor becomes Ilabte cleanup or other costs under any such laws, and (b) agrees to indemnity and hold harmlaes Lender against any end ail clelma, !__,~.~e~___, Ilabill~L damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a breach of this saciton of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened roblee_ cocurdng pdor' to Grantors ownership or interest in the Property, whether or not the same was or should have been known to Grantor. Tns Provisions of this eaofIon of the Mortgage, includir~ the obligation to indemnity, shall survive the payment of the Indebtedness and the satisfaction and reconv®yance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Properly, whether by foronlosura or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (icoluding oil and gas), soil, gravel or rook products without the pdor wdtian consent of Lende¢. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior'wrfftan consant Of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make anangemante satisfactory to Lender to rsplase such Improvements with Improvements of st least equal value. Lender's Right to Enter. Lander and its agents and rapraeantativas may enter upon the Real Property at ell reasonable times to ahand to Lender's interests and to thspont the Property for purposes of Grantods compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requlremenl~. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental euth~ttss appilosbla to the use or occupancy of the Properly. Grantor may contest In good faith any such law, ordinanco, or regulation and withhold compllarme during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long es, In Lender's sate opinion, Lender's interests in the Properly ara not jeoperdized. Lender may require Grantor to post adequsto security or s surety bond, reasonably satisfactory to Lender, to protect Lander's interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattsnded the Prope~y. Grantor shall do all other acta, In addition to those ~ eat forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Prope~y. DUE ON SALE - CONSENT BY LENDER. Lender may, at its option, deslare immedtatsly due and payable ail Sums secured by this Mortgage upon the sale or transtar, without the Lender's prior written consent, of sU or any part of the Real Property, or any interest in the Real Properly. A "sate or transfer' means the conveyance of Real Property or any right, title or interest therein; whether legal, beneficial or equitable; whether voluntary or Invcluntsry; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater then three (3) years, lease-option contract, or by sale, assignment, or transtar of any beneficial interest in or to any land trust holding title to the Real Properly, or by any other method of conveyance of Real Property thlerasL If any Grantor is a corporation, pmlnerahip or llmltsd liability company, transfer includes any change in ownership of more than twanty-tive percent (25%) of the voting stock, pednership interests or limited Ilabltity company Interasts, law.aS the casa may be, of Grantor. However, this option shati not be exercised by Lender if such exercise Is prohibited by tedereJ law or by Pannsytvanla uENs. The tollowino prov tons relating to the and liens on the Prspe y s pA cf Mo gage . 4 TAXES AND Payment. Grantor shall pay when due (and in all events prior to delinqsency) ail taxes, payroti taxes, speo~l tsxes, assessments, water charges end sewer earvisa charges tevied against or on account of the Properly, and shell pay when due all claims for work dona on or for sa~ rendered or material furnished to the Property. Grantor shell maintain the Property free of all liens having priority over or equal to the tetaraet of Lender under this Mortgage, except for the ilan of taxes end assessments not due, and except as otherwise provided in the fcltowing paragraph. Right To Contest. Grantor may withhold payment of shy tax, assessment, or claim in connsofion with · good faith dispute over the obilgeflon to pay, so long as Lender's Interest in the Properly is not jeopardized. If a lien ~rtsas or is filed as a result of nonpayment, Grantor Shati within flftean (15) days attar the lien arises or, if a lien is tited, within tiifean (15) days sfter Grantor has notice of the fiting, saoure the ctischerge of the lien, or ti requested by Lender, deposit with Lender cash or · sufficlant corporata surety bond or other security satisfactory to Lender in an amount suffiolest to discha~e the lien plus any costs and altomeys' fees or other charges that could eccrus as a result of a foreclosure or sale- under lhe lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any eqverse Judgment before enforcement against the Property. Grantor shati name Lender as an additional obligea under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidense of payment of the taxes or assessments and shati authoflza the appropriate governmental official to deliver to Lender at Shy time a written statement of the taxes and assessments against the MORTGAGE Page 3 (Continued) Property. Notice of Construction. Grantor shetl notify Lender at least fifteen (15) days before any work Is commenced, any sarv~ea are furnIshed, or any materials ara supplied to the Propady, If any mechenlc's lien, metortNmen's lien, or other lien could be -__~__.~decl on ~_~_ unt of the wod(, or materials and the coot exceeds S5,000.00. Grantor wig upon request of Lender furnish to Lender advance assurances satistecto~ to Landor that Grantor nan and will pay the uoot of such improvements. PROPERTY DAMAGE INSURANCE. The foltowing provisions relating to insuring the Property ere a part of this Mmtgsgs. Maintenance of Insurance. Grantor shall procure end malnieln policies of fire Insurance with standard extended coverage endorsements on raplaooment basis for the full insurable value covering all Improvements on the Res, I Property In an amount sutlioient to avoid application of any coinsurance clause, and with a standard morlgegee clause in favor of Lender. PulSes shall be wdtten by such Insurance compants$ and In form as may be reasonably acceptable to Lender. Grantor shall deliver to Lander oadltinatos of coverage fi.om each Insurer containing siipulation that coverage will not be nanoalled or diminIshed without a minimum of ton (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Should the Real Property et any time become located in an area designated by the Director of the Federal Emergency Management Agency as · special flood hazard area., Grantor agrees to obtoJn and maintain Fadsrai Flood Insurance, to the extent such insurance Is required by Lander and Is or becomes available, for the term of the loan and for the full unpaid principal balance of the loan, or the maximum limit of coverage that is eveltsbie, whichever Is less. Applination of Proceeds. Grantor shelf promptly notify Lender of any loss or dsmaga to the Property if the estimatod cost of repair or raplaoomant exceeds $500.00. Lender may make proof of loss if Grantor fails to do so within tiftoen (15) days of the casualty. Whether or not Lender's security Is ImpairEd, Lender may, at Its election, apply the proceeds to the reduction of the Indebtedness, payment of any lien affes~ng the Properly, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration end rapaJr, Grantor shall repe]r or replace the damaged or destroyed Impravernants in a manner satisfactory to Lender. Lander shall, upon setlaiectory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable coot of repair or restoration if Grantor Is not In dstsuft herEundEr. Any ~ which have not been disbursed within 180 days after their receipt end which Lender has not committed to the repair or rsut~mfton of the Properly shall be used tirst to pay any amount owing to Lender under this Mort. gsgs, then to prepay accrued intorest, and the remainder, If any, shatl be applied to the principal balance of the Indebtedness. It Lender holds any proceeds after payment in full of the Indsbiedness, such proceeds eha~l be paid to Grantor. Unexpired Insurance at Sale. Any unexpired insurance shall Inure to the benefit of, and pass to, the purchaser of the Properly cove~d by Mortgage at any truciee's sale or cther seto held under the provisions of thIs Modgege, or at any foreclooura seie of such Property. EXPENDITURES BY LENDER. If Grantor falls to comply with any provision of this Modgage, or if any Eaton or proceeding la commenced that would materially affect Lender's interests In the Properly, Lender on Grector's behalf may, but shall not be required to, taka any action that Landor deems appropriate. Any amount that Lender expends in so doing will bear interest at the rata oherged under the NOto from the dato incon'ad or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, wig (a) be payebis on demand, (b) be added to the belanna of the Note and be apportioned among and be payable with any iootollment payments to become due during either (I) the term of any applicable Insurance policy or (ii) the remaining term of the Noto, or (c) be treated as a balloon payment which will be due and payable at the Note% maturity. This Modgage also will sEcurE payment of these amounts. The dghts provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default. Any such action by Lender shall not be construed as curing the default so as to bar Landor from any remedy that it cther'wise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions raisting to ownership of the Property are a part of this Modgege. Title. Grantor warranla that: (a) Grantor holds good and marketobie title of record to the Property in fee simple, free end ctoar of all liens and encumbrances other then those set forth in the Real Property dsscdption or In any title insurance policy, title rapod, or final title opinion issued In favor of, and accaptod by, Lender In connection with this Mortgage, and (b) Grantor has the full right, power, end authority to exeeuto end deliver this Mortgage to Lender. Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all porsons. In the event any action or proceeding is commenced that questions Grantors titts or the Interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to perliolpeie in the proceeding end to be representod in the proceeding by oounsat of Lander's own choice, and Grantor wig deliver, or sausa to be dellverad, to Lender such Instruments as Lender may request fi.om time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's usa of the Properly complies with all existing applicable taws, ordinances, end regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. Application of Net Proceeds. If all or any pad of the Propady Is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at lIs election require that all or any podion of the net proceeds of the award be applied to the Indebiedea~ or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attorneys' fees incurred by Lender in connection with the condemnation. Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtoin the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be raprasentod In the proceeding by counsel of its own choice, and Grantor will deliver or naooe to be delivered to Lender such instruments as may be requested by it fi.om time to time to permit such participation, IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmentol taxes, ie~ and charges are a pad of this Mortgage: Current Texas, Feea end Charges. Upon rEquEst by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action Is requested by Lender to perfect and continue Lender's lien on the Real Properly. Grantor shell reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Texas, The following shall constifuto taxes to which th~ section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the indebtedness secured by thIs Modgege; (b) a apeoltlc tax on Grantor which Grantor is author[zed or required to deduct from payments on the Indebtedness secured by this lype of Modgege; (o) a tax on thIs type of Mortgage chergeabIs against the Lender or the holder of the Note; and (d) a specific tax on all or any portion of the Indsbtodn~s or on payments of principal and intorest made by Grantor. Subsequent Taxea. If any tax to which thIs section appllea Is enacted subsequent to the dsie of this Mortgage, this event shall have the same effect as an Event of Default (as defined below), and Lender may exercise any or ell of Its available remedies for an Event of Dafa~t as provided bsiow unless Grantor either (a) pays the tax before it becomes delinquent, or (b} contests the lex es provided above in the T~_v_a~_ and Mens MORTGAGE P,~ge 4 ~ (Continued) section and deposits with Lender cash or a sufficient oorporets surety bond or other sacudty satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as e securtty agreement are a pert of this Mortgage. Securtty Agreement. ' properly, and Th~s Instrument shall constitute · security agreement to the extent any of Ihs Properly sonstitutas fixtures or other personal Lender shell have all of the rights of a secured party under the Uniform Commemlal Code as amended from time to time. Secmlty Interest. Upon request by Lender. Grantor shall execute financing statements end lake whatever othor action Is requested by lender to perte~, a.nd continue Lender's security interest In the Rents and Personal Property, In addition to recordn this M recoros, Lacoer may, at .ny time .nd without fudher ,uthortza,oo ,om Grantor, ,is exacuteq oounterp~L~, cop:~r~g~re~nr~euc~r~op~ Modgage as · financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security infar~ Upon default, Grantor shall assemble the Personal Properly in · manner and et a place reasonably convenient to Grantor and Lender end make It available to Lender within three (3) days after receipt of wdlten demand from Lender. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party), from which Information concer'nlng the sacuifly Inie~st granted by this Modgaga may be obtained (each as required by the Uniform Commercial Code), ere as stated on the first page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorcey-ln-.tact are · part of Modgaga. Further Assurances, At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be remraecde~r~e~, ~'dtheorcedel~delIv~leydg,°atLesnucdchr flOmr taso:nedn?~.~s,,.~desl..=g~e~.,_a_n~d ,w_hen recl. uas~d by Lander, ceuso to be filed, recorded, raffled, or deeds ~. ,. ;,uu. umuu~, anu p~aces as Lender may deem approprtaia, any and ~]1 such m0r~m.~, of trust, security deeds, security agreements, financing sfatoments, continuation statements, Inalrumects of fudher assurance, ced~flc~la~ and other d~cumenta as may, in the sole opinion of Lender, be necessary or deslrebte In order to effectuate, complete, pedeX, continue, or preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (bi the liens end security created by this Modgage as first end prior liens on the Properly, whether now owned or hereeltar acquired by Grantor; Unless prohibited by law or agreed to the contrary by Lender In wdting, Grantor shaJl reimburse Lender for all costa end expanses lt~urred In connac~ with the meltor~ referred to in this paragraph. Attorney. In-Fact. If Grantor fails to dc any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Gractor's expense. For such pu;posos, Grantor hereby Irrevccaply appoints Lender as Grentor's attornay-In.-faot for the purpose of making, executing, delivering, filing, recording, end doing all other things as may be nacessery or desirable, in Lender's sofa opinion, to accomplish the melters referred to in the preceding pemgraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise pedorms all the obligations imposed upon Grantor under this Modgage, Lender shall execute and deliver to Grenlor · suitable satisfaction of this Mortgage and suitable statements of termination of any fir~noing statement on file evidencing Lender's secudty interest in the Rents and the Personal Property. Grantor will pay. If permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. DEFAULT. Each of the following, at the option of Lender, shall constitute an event of default ("Event of Default") under this Mortgage: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment nanaseery to prevent tiling of or to effect dis~herga of any lien. Compliance Default. Failure to comply with any other farm, obligation, covenant or condition contained in this Mortgage, the Note or in any of the Related Documents. Breaches. Any warranty, representation or statement mede or furnished to Lender by or on behalf of Grantor under this Morlgaga, the Note or the Related Documents ts, or at the time made or furnished was, false in any material respect. Insolvency. The insolvency of Grantor, appointment of a receiver for any part of Grantor's property, any assignment for the benefit of credItors, the commencement of any proceeding under any bankruptcy or iosoivency laws by or against Grantor, or the dissolution or tarrnination of Grenter's existence as a going business (if Grantor is · bos/cees). Except to the extent prohibited by federal law or Pennsylvania law, the death ct Grantor (if Grantor ts an Individual) also shell conatitufa an Event of Default under this M~rtgaga. :.o~r:c,[~_,._,,~_o??,, et[...,C?_.~.r~ment of fore~osure or fo.e~ure proceed;ngs whether by Juoicis pro.ed ng, ea,-help, reposse~on or · ,.,,.,=. ,,,.~.uu, uy any creel,or uf ~=rentor or by any governmental agency against any of the Property, However, this subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of/he forecicsure or forefatiure proceeding, provided that Grantor gives Lender written notice of such claim end furnishes reserves or a surety bond for the ofalm saflaiactm7 to Lender. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lander that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether extsting now or later. Events Affecting Guarantor. Any of the preceding eventa occurs with respect to any Guarantor of any of the Indebtedness or such Guarantor dias or becomes incompetent. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender, at its option, may exere~ any one or more of the following rights and remedies, In addition to any other righta or remedies provided by law: Accelerate Indebtedness. Subject to applk~abts law, Lender shell have the right at its option without notice to Grantor to decfare the antfre Indebtedness immediately due and payable. UCC Remedtes, With respect to all or any pad of the Personal Property, Lender shall have all Ihs rights and remedies of a secured pedy'under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furthere, nse cf this right, Lender may require any tenant or other user of the Properly to make payments of rent or use fees directly to Lender. If the Ranta are ~ by Lender, then Grantor irrevocably designates Lender as Grenter's aflorcey-tn-fa~ to endorse Instruments received In payment thereof in the name of Gser~tsnf~°~en~l~i~t~ego°n~e~.t,h.,e~n~..an_d..c._~__k~'t~t~_P~.' ,~yments by fansnts or other osms to Lender in response to Leoder's demand · . ~,a o .,... -.~...= ~a~,.re.~, are rr~ee, wnerner or not any proper grounds for the demeod existed. Lender may exemtse its righta under this subparagraph either in person, by agent, or through a receiver. ~00~ 1 J. ~'~ ~-.[ ~ Appoint Receiver. Lender shail have the right to have a recover appointed to take possession of air or any pad of the Property, with the power to ; MORTGAGE Page ~ (Continued) protect end preserve the Properly, to operate the Property preceding foreclosure or sale, end to cotlec~ the Rents from the Property end apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The rsuotver may serve without bond if permitted by Lender's right to the appointment of · re~ shall extel whethe~ or not the apparent value of the Property exueeds the Indebtedness by substantial amount. Employmeni by Lender shall not disquellf'/e person from sa~ng as s receiver. Judicial Foreclosure. Lender may obtain s Judicial decree foreclosing Grantors interest in all or any part of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as aifomey for Lender end all persons c~lming under or through Lender, to sign an agreement for entering In any competent coud an amicable action in ejectmani for pcasassion of the Property end to appear for and Confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of p---~- on of the Property, without any stay of execution, for which this Morlgage, or · copy of this Modgsga verified by affidavit, shall de s sufficient warrant;, and thereupon · writ of possession may be Issued todhwlth, without any prior writ or proceeding whetsoeve;. Nonjudicial Sale. If permitted by applicable law, Lender may foreclose Grsntor's interest in all or In any port of the Personal Properly er the R~ Proper~ by nonjudicial salt. Deficiency Judgment. Lender may obtain a Judgment for any deficiency remaining In Ihs Indebtedness due to Lender after applic~,flon of amounts received from the exer~ of the rights provided in this section. Tenancy et Sufferance. If Grantor remains in pos.~on of the Property after the Property is sold as Provided above or Lender o~ becomes entitled to possession of the Properly upon default of Grantor, Grsnfor shell become e tenant al sufferance of Lender or the pur~ of the Properly and shell, st Lender's option, either (e) pay a reasonable rental for the usa of the Property, or (b) va(',ate the Properly Immediately upon the demand of Lender. Other Remedies. Lender shell have all other rights and remedies provided in this Modgaga or the Note or aveileble at law or In ebdily. Sale Of the Property. To the extent permitted by applicable law, Grantor hereby waives any end all right to have the property mershelied. In exercising its dghts and remedies, Lender shell be free to sell all or any pad of the Property together or separately, in one sale or by sapar~te sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasocabil notice of the time and place of any public sale of the Personal Prcpedy or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unlass other, visa required by applicable law, reasonable notice shall mean nofios given et least ten (10) days before the time of the seJe er disposition. Waiver; Election of Remedlen. A waiver by any party of a breach of a provision of this Modgege shell not constitute · waiver of or prejudice the party's rights othen~vtse to demand sL'tot compliance with that provision or any other provision. Eilc~Jon by Lender to pursue any remedy sheJI not exclude pursuit of any other remedy, end an election to make expenditures or take action to perform an obligation of Grantor u~dar this Mo~lgaga after failure of Grantor to perform shall not affect Lender's right to declare · default and exercise its remedies under this Mortgage. Atlorneys' Fees; Expenea~. such sum as the court If Lender Institulas any suit or astion to enfoma any of the terms of this Mortgage, Lender shaJl be entitled fo recover may adjudge reasonable as attorneys' fees, at trial and on any appeal. Whether or not any court action is involved, reasonable expenses In~urred by Lender that In Lender's opinion are necessary at any time for the protection of its interest or the enfomemant of its rights shall become e pad of the Indebtedness payabta on demand and shall bear interest from the date.of expenditure until repaid at the Note rate. Expanses covered by this paragraph include, without limttaflon, however subjecl to any limits under applicable law, Lender's attorneys' fees end Lender's legal expenses whether or not there is s lawsutt, including attorneys' fees for bankruptcy proceedings (including eff(xrts to modify vacate any automatic stay or injunction), appeals and any anticipated post-judgment cofieotion services, the cost of searching records, obt=ihing title reports (inotuding foreclosure reports), surveyors' reports, end appraisal fees, and title insurance, to the extent permitted by appllc~:,bte law. Grsntor also will pay any coud costs, in addition to all other sums provided by ilw. NOTICES TO GRANTOR AND OTHER PARTIES. Unless otherwise provided by applicabil law, any notice under this Mortgage shell he in writing end shsil be effective when actually dotivered, or when deposited with · nationally recognized overnight courier, or, if mailed, shafi be deemed ~ when deposited in the United States mail first class, registered mail, postage prepaid, directed to the eddre_~__,=e_,=_ shown near the beginning of this Morigaga. Any party may change Its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. All copies of notices of foreclosure from the holder of any lien wh~h has priority over this Mortgage shell be sent to Lender's address, as shown near the beginning of this Modgaga. For notice purposes, Grantdr agrees to keep Lender informed at all times of Grantors current sddresa. MISCELLANEOUS PROVISIONS. The following rnlecotlenaous provisions are s pad of this Mortgage: Amendments. Thil Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in lhis Mortgage. No alteration of or amendment to this iViorlgaga shell be effective unleas given in writing and signed by the party or padias sought to be charged er bound by the alteration or amendment. Applicable Law. This Mortgage has been delivered to Lender end accepted by Lender In the Commonwealth of Pennsylvania. Title Mortgage shall be governed by end conMrued In accordance with the laws of the Commonwealth ct Pennsylvania. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to interpret or dalina the provisions of this Mortgage. Merger, There shell be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property et any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Mulllpte Parties. All obligations of Grantor under this Morlgaga shell be Joint and several, and all referenCeS to Grantor shall mean each end every Grantor. This means that each of the persons signing botow is rasponsibil for all obligations in this Mortgage. Severablllty. If a court of competent jurisdiction finds ,,ny provision of this Mortgage to be invalid or unanfor~le as to any person or circumstance, such finding shall not render that provision Inv~,lid or unsntomeable as to any other persons or oimumstan~es. If feasible, any such offending provision shell be deemed to be modified lo be within the limits of enfor~eabfiity or validity; however, if the offending provision osnnof be so modified, it shall be stricken and all other provisions of this Mortgage in eli other respects shell remain valid end enforoeabil. Successors and Assigns. Subject to the limitations stated In this Modgage on transfer of Grantors interest, this Mortgage shell be binding upon and inure to the benefit of the parties, their heirs, personal representatives, succaasors and assigns. If ownareh]p of the Proparly becomes vested in a person other then Grantor, Lender, without notre to Grenlor, may deal with Grantors successors with reference to this Mortgage end the Indebtedness by way of forbean=nca or extension without releasing Grantor from the obligations of this Modgage or liability under the indebtedness. Time le of the [=-~-=~-nce. Time is of the assenna in the pedormenca of this Mortgage. 471. MORTGAGE Pegs 6 (Continued) Waivers and Consents. Lender shall not be deemed to have waived any rights und~ this Modgege (or under the Retaiad Doouments) unl~ such waiver is In wfiting and signed by Lender. No delay or om!asion on the pad of Lender in exercising any fight shall operate u e waiver of such r~ght or any other dght A wa va' by any pady of a provision of th s Mortgage shaJl not constitute e waiver of or prejudice the party's ~ght otherwise to demand strict compliance with that pmvialon or any other provision. No pdor wak.~r by Landor, nor arty course of dealing between Lender and Grantor, shall constitcte s waiver of any of Lender's dghts or any of Grentor'e obligallons as to any future tensions. Whane~r consent by Lenbe~' is required In this Mortgage, the granting of such censent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such censent ts required, EXHIBIT A. An exhibit, titied "Exhlbti A," is elteehed to this Modg~ge and by this reference is made a pad of this Mortgage Just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Mortgage. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREE~ TO IT~ TERMS. GRANTO · ~* / ' Slgm C~-I~TIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Farmers Trust Company, herein is as follows: One West High Street, Cartlsie, PA 17013 STATE OF ~ennsylvan±a ) COUNTY OF Cumberland I as On. this day before .me, the undersigned Notary Public personally appeared Dougias S. Graham and Mar t E. Graham indMduais descfibed m and who executed the M go , to me known to be the . ._ ortgege, and acknowledged that they signed the Modgege as their free and vciunte act and deed tor ire uses and purposes therein mentioned, ry , GIV~mY hand and offlcJ~ae~ thl~(-~ 17th deyof Dece~er ,lg 93 .. · ' ~ ~-~.~-::. Exhibit "B " EXHIBIT A Tills Exhibit A is attached to ami by this reference I~ mede a pad Of each Deed of Trust or Morlgage, dated DeCenl~r 17, 1~93, and ex4cuted In connecllon with · loan or other financial a~commedallon~ I~lwasn Fenner. Trust Company and Douglas S. Graham and ~ B. Graham. ALL that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the Northern line 0t~ westwardly 315,79 f_ee.[ ~rorn t..h..e_~ ~_r~.~ bound ~a~.line. of'iimcfi0f'~milton Development' thence along the Northern line of Gob~ Street'S½ 403.62 feet in the c~nier li~e'of~ '~ · ..... :.' ' ,~.-',-:. · ....... . smd street, Westwa~lly .80 fee[ ton point on 1;~e.of !and no.w or formerly of Reismger Brothers, Inc.; 'thence by the' i&tier land, North 20 degrees 47 ~mnutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line of land of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line of land now or formerly of Robert E. Wall and wife; thence by said Wall land, South 17 degrees 16 m~nutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING Lot No. 33 and part of Lot No. 34, Block 'I*", of the Plan of Lots of Hamilton Development, as recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 12, Page 60 (Lot No. 32 of unrecorded Revised Block "F' of March 4, 1964, E.R.P.) . THIS EXHIBIT A I/S-~XECUTED..0N DECEMBER 17, 1993, BEING the same property which John A. · % - " Karag/anm~ and .Analia S. Karagiaanis, husband and wife, by their Deed dated DO~embet~7,~,t~.$.7, and recorded in the Office aforesaid, in Deed Book "B", Volume 33, Page 10015~vgranted and conveyed unto Douglas S. Graham and Margot B. Graham, husband anrl~!..~q Exhibit "C" 0 Exhibit "D " NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT. (the Act) 15 U.S.C. SECTION 1601 AS AMENDEi 1. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purpose of collecting the debt. 2. The amount of the debt is stated in paragraph 9 of the Complaint. 3. The Plaintiff as named in the Complaint is the creditor to whom the debt is owed, or is servicing agent for the creditor to whom the debt is owed. The undersigned attorney represents the interests of the Plaintiff. 4. The debt described in the Complaint, evidenced by the copy of the mortgage note attached hereto, will be assumed to be valid by the creditor's law firm unless the debtor, within thirty (30) days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. 5. If the debtor notifies the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. 6. If the creditor named as Plaintiff in the Complaint is not the original creditor, and if the debtor makes a written request to the creditor's law firm within the thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 7. Written requests should be addressed to Spear & Hoffman, P.A., 1020 North Kings Highway, Suite 210, Cherry Hill, NI 08034. SHERIFF'S RETURN - REGULAR ~E NO: 2001-01728 P ~.~MMONWEALTH OF PENNSYLVg2~IA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS GRAHAM DOUGLAS S ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAHAM DOUGLAS S the DEFENDANT , at 0008:53 HOURS, on the 5th day of April at 820 GOBIN STREET , 2001 CARLISLE, PA 17013 MARGOT B. GRAHM a true and attested copy of NOTICE by handing to COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this //~ day of /P~ot~0notary ' ~ So Answers: R line 04/06/2001 SPEAR & HOFFMAN I~put~ Sj~e~fYff ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-01728 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS & TRADERS TRUST VS GRAHAM DOUGLAS S ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GRAHAM MARGOT B the DEFENDANT , at 0008:53 HOURS, on the 5th day of April , 2001 at 820 GOBIN STREET CARLISLE, PA 17013 MARGOT B. GP~LqAM by handing to a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~/~- day of ~ ~L~I A.D. t~rogz~no~Otary ; ~ / So Answers R. Thomas Kline 04/06/2001 SPEAR & HOFFMAN f~ Depu~6~eriff ~ SPEAR 8: HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF LOAN# 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 PLAINTIleF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 DEFENDANTS PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET 01-1728 CIVIL TERM TO THE PROTHONOTARY: Enter Judgment IN REM in the amount of $102,679.85 in favor of the Plaintiff and against the defendant(s), jointly and severally, for failure to file an answer to Plaintiff's Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiff's damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 8.98% from AUGUST 23, 2000 to JUNE 7, 2001 (288 days ~ $24.87 per diem) Accrued Late charges Escrow Advances made by Plaintiff Attorneys Fees (As stated in Complaint) TOTAL AMOUNT DUE BONNIE DAHL, ESQUIRE Attorney for Plaintiff $90,771.03 $7,i62.56 $42.26 $1,104.00 $3,600.00 $102,679.85 AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s) and damages are assessed as above in the sum of $102/~9.85 /.. ~.~,~ - . PRO PROTHY 'SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAIN'rIFF, LOAN NO.: 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, DOUGLAS S. GRAHAM AND MARGOT GRAHAM DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1728 NOTICE To: DOUGLAS S. GRAHAM 820 Cd)BIN ST. CARLISLE, PA 17013 Date of Notice: ~/J,~/L~ } IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUI~ CARLISLE, PA 17103 (717) 249-3166 Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER TI-I_E FAIR DEBT COLLECTION PRACTICES ACT. ANY AND ALL I]~IFORMATION OBTAINED DURING THE PROSECUTION OF THIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING 'rktE DEBT. · SPEAR AND HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF, LOAN NO.: 9788704 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAL.'I AND MARGOT B. GRAHAM DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1728 NOTICE To: MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 / Date of Notice: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: CUMBEKL AND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17103 (717) 249-3166 Attorney for Plaintiff THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, ANY AND ALL INFORMATION OBTAINED DURING THE PROSECUTION OF 'IBIS LAWSUIT MAY BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. · SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 NORTH KINGS HIGHWAY SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 FAX (856) 755-1570 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERC'~ER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CERTIFICATION OF MAILING NOTICE PURSUANT TO RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to file a Praecipe for the Entry of Default Judgment was mailed to Defendant(s) and to his, her or their attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe for the Entry of Judgment. A true and correct copy of each Notice is attached hereto, sero as stated. Dated: BY: SPEAR & HOFFMAN, P.A. B{~NNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1728 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 and that the last known address(es) of the judgment debtor (Defendant (s)) is (are): DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 BY: SPEAR & HOFFIVr'Pfi~, P.A. I~0NNIE D/~IL, E~QUIRE SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANT(S) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 01-1728 CIVIL TERM CERTIFICATE OF SERVICE We, SPear and Hoffman, P.A., Attorney for the Plaintiff, hereby certify that we have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 Date mailed: ~ b~ BY: SPEAR & HOFFMANN, P.A. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE BONNIE DAHL, ESQUIRE, being duly sworn according to law, deposes and says that he is attorney for Plaintiff in the above-captioned matter, that he makes this Affidavit on Plaintiffs behalf, and that the statements in this Affidavit are tree to the best of his knowledge, information and belief. Defendant, DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM, is over 21 years of age. His last employment is unknown. Defendant is not in the military service of the United States as contemplated by the Soldiers' and Sailors' Civil Relief Act, as amended. This Affidavit is made in connection with the judgment upon a note and mortgage secured upon the premises located at 820 GOBIN ST., CARLISLE, PA 17013· BY: SWORN TO AND S~Lr~,~CRIBED BEFORE ME THIS DAY OFdOf~ MICHELE~KEEBLER Notary P/~lic of~lew Jer;=ey BONNIE DAHL, ESQUIRE June 7, 2001 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: DOUGLAS S. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTlleF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: Judgment by Default [] Money Judgment [] Judgment for Possession [] Judgment on Award of Arbitration [] Judgment on Verdict [] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESQUIRE at this telephone number: (856) 755-1560 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY LAWRENCE E. WELKER Prothonotary TO: MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [] [] [] [] [] Judgment by Default Money Judgment Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY BONNIE DAHL, ESQUIRE at this telephone number: (856) 755-1560 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FiNANCIAL BANK, N.A., SUCCESSOR iN iNTEREST TO FARMERS TRUST COMPANY VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM TO THE PROTHONOTARY OF THE SAID COURT : ( ) Confessed Judgment : ( ) Other : FileNo. 01-1728 C1VILTERM : Amount Due $102,679.85 : Interest : Atty's Comm : Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND interest and costs upon the following described property of the defendant(s) County, for debt, 820 GOBIN ST., CARLISLE, PA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the gam/shee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Print Name: BONNIE DAHL, ESQUIRE Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN iNTEREST TO FARMERS TRUST COMPANY SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 C1VIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 820 GOBIN ST., CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s): DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: MARGOT GRAHAM 820 GOBIN STREET CARLISLE, PA 17013 Name and address of the last recorded holder of every mortgage of record: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 Name end address of every other person who has any record lien on the property: NONE 6. Name end address of every other person who has any record interest in the property and whose interest may be affected by the sale: DARLENE L. MOYER CARLISLE BOROUGH TAX COLLECTOR PO BOX 128 CARLISLE, PA 17013 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 820 GOBIN ST. CARLISLE, PA 17013 I verify that the statements made in this affidavit are true end correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. SPEAR & HOFFMAN, P.A. B~ONNIE DAHL, ESQUIRE Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1728 CiVIL TERM DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOUGLAS S. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 Your house (real estate) at: 820 GOBIN ST., CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001 at: CUMBERLAND COUNTY COURTHOUSE 2NI~ FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at 10:00 a.m. to enforce the court judgment of $102,679.85 obtained by MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001 This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the Northern Line of Gobin Street, which point is westwardly 315.79 feet from the Eastern boundary line of land Hamilton Development; thence along the Northern line of Gobin Stree by a curve to the left, having a radius of 403.62 feet in the center line of said street, Westwardly 80 feet to a point on line of land now or formerly of Reisinger Brothers, Inc.; thence by the latter land, North 20 degrees 47 minutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line ofland of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line of land now or formerly of Robert E. Wall and wife; thence by said Wall land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING THE SAME PREMISES which John A. Karagiannis and Analia S. Karagiannis, husband and wife by Deed dated December 7, 1987 and recorded December 7, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume B33, Page 1006, granted and conveyed unto Douglas S. Graham and Margot B. Graham, husband and wife, the mortgagors herein. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAnqTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1728 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 Your house (real estate) at: 820 GOBIN ST., CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001at: CUMBERLAND COUNTY COURTHOUSE FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at I 0:00 a.m. to enforce the court judgment of $102,679.85obtained by MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAI,E To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF 'IldE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the mount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later thanOCTOBER 5, 2001. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ALL that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the Northern Line of Gobin Street, which point is westwardly 315.79 feet from the Eastern boundary line of land Hamilton Development; thence along the Northern line of Gobin Stree by a curve to the left, having a radius of 403.62 feet in the center line of said street, Westwardly 80 feet to a point on line of land now or formerly of Reisinger Brothers, Inc.; thence by the latter land, North 20 degrees 47 minutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line of land of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line of land now or formerly of Robert E. Wall and wife; thence by said Wall land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING THE SAME PREMISES which John A. Karagiannis and Analia S. Karagiannis, husband and wife by Deed dated December 7, 1987 and recorded December 7, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume B33, Page 1006, granted and conveyed unto Douglas S. Graham and Margot B. Graham, husband and wife, the mortgagors herein. SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM CERTIFICATION BONNIE DAHL, ESQUIRE, hereby verifies that she is the attorney for the Plaintiffin the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant ( X ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. BONNIE DAHL, ESQUIRE Attorney for Plaintiff Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN iNTEREST TO FARMERS TRUST COMPANY VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on Plaintiffs Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: BONNIE L. DAHL, ESQUIRE Spear & Hoffman, P.A. BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 1020 N. Kings Highway, Suite 210 Cherry Hill, NJ. 08034 (856) 755-1560 Attorney for Plaintiff MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FiNANCIAL BANK, N.A., SUCCESSOR iN iNTEREST TO FARMERS TRUST COMPANY VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P. 3129.2 (C) (2) I, BONNIE L. DAHL, ESQUIRE, Attorney for Plaintiff, hereby certify that Notice of Sale was served on all persons appearing on PlaintifPs Affidavit pursuant to PA R.C.P. 3129.1, by United States mail, first class, postage prepaid, with Certificates of Mailing, the originals of which are attached as Exhibit "A". The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SPEAR & HOFFMAN, P.A. BY: BONNIE L. DAHL, ESQLrlRE STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND ss. I, Robert P Ziegler .............................................................................. Recorder of Deeds in and for said County and State do'hereby certify that the SherlfPs Deed in which ................ Manufacturers & Traders Trust Co .................................................................................... is the grantee the same having be~ sold to sa~d grantee on thc ........ Sth day of September 2001 ........................................ A. D., **' ..... , under and by virtue of a writ .............. Execution ................................................ issued on the ___j~.th June 2001 day o/ .......................... A.D., ..... ~ out of the Court of Conunan Pleas o~ said Couaty'aS of Civil .................................................................................. Term, ' 20_0.~_. ' 1728 . Number.............. , at the smt of 2~an,~_a~t,_r_~r~=_~_~X~L4~.s__T__r_u_s.t___Cp_~__Successor b~. Me.r~.er Keystone Financial BAnk N A Successor in Interest to Farmers T~%-t--~- .......... with .............................. a~ainst Do~u~las S & Margot B Graham duly recorded in Sheriff's Deed Book No. 248 Page 4277 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ____~__~_____ day of ........... _~_~ A.D. 2,~-o0 ~' Manufacturers & Traders Trust Company Successor by merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Trust Company VS Douglas S. Graham and Margot B. Graham In The Court of Comm0n Pleas of Cumberland County, Pennsylvania Writ No. 2001-1728 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 12, 2001 at 6:14 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Douglas S. Graham, by making known unto Margot B. Graham, wife of defendant, at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said true and attested copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 12, 2001 at 6:14 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Margot B. Graham, by making known unto Margot B. Graham, at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said true and attested copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states on July 09, 2001 at 12:38 o'clock P.M., EDST, he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property of Douglas S. Graham and Margot B. Graham located at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Douglas S. Graham, by regular mall to his last known address of 820 Gobin Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmalled a pendency of the action to one of the within named defendants, to wit: Margot B. Graham, by regular mail to her last known address of 820 Gobin Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the sum of $80,000.00 to Attorney Jane Adams (for Attorney Bonnie Dahl) for Manufacturers and Traders Trust. It being highest bid and best price received for the same, Manufacturers and Traders Trust of One Fountain Plaza, 6th Floor, Buffalo, NY REAL ESTATE SALE On J~,~_ /oo~ .~ c>o / the sneritt levied Ul~On the amenuam, interest in the real property situated in E"3~ [}umbel'land Coanty, Pa., known and numbered as: ~Y,2~ ~'~~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. SCHEDULE OF DISTRIBUTION SALE NO. 51 Writ No. 2001-1728 Civil Term Manufacturers & Traders Trust Co., Successor By merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Trust Co. VS Douglas S. Graham and Margot B. Graham Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Manufacturers and Traders Trust $80,000.00 Real Debt $102,679.85 Interest Attorney writ costs 119.10 Total $102,798.95 Distribution Amount Collected $2,584.88 Legal Search 200.00 Sheriff s Costs 2,384.88 So Answers: R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMYITING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 51 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for ail taxes for the year 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which John A. Karagiannis and Anaiia S. Karagiannis by deed dated December 7, 1987 and recorded December 7, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "B," Volume 33, Page 1006 granted and conveyed to Douglas S. Graham and Margot B. Graham, his wife. OTHER EXCEPTIONS: 1. The identity and legai competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 60 feet wide Gobin Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Hamilton Development recorded in Cumberland County Plan Book 12, Page 60. 7. Building and use conditions and restrictions as set forth in deed of Charles W. Anderson and Edna B. Anderson recorded in Cumberland County Deed Book "O,' Volume 13, Page 466 as amended by agreement recorded in Miscellaneous Record Book 136, Page 373. SPEAR 8~ HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR 1N INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 0 I-1728 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 820 GOBIN ST., CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s): DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: MARGOT GRAHAM 820 GOBIN STREET CARLISLE, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 ALL that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the No~daem L{n~ of Gobin Street, which point is westwardly 315.79 feet from the Eastern boundary line of land Hamilton Development; thence along the Northern line of Gobin Stree by a curve to the left, having a radius of 403.62 feet in the center line of said street, Westwardly 80 feet to a point on line of land now or formerly of Reisinger Brothers, Inc.; thence by the latter land, North 20 degrees 47 minutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line ofland of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line of land now or formerly of Robert E. Wall and wife; thence by said Wall land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING THE SAME PREMISES which John A. Karagiannis and Analia S. Karagiarmis, husband and wife by Deed dated December 7, 1987 and recorded December 7, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume B33, Page 1006, granted and conveyed unto Douglas S. Graham and Margot B. Graham, husband and wife, the mortgagors herein. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under. Act No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-New~ and The Sunday Patriot-New,~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ~ ~( coP,/ ........... ............ ....... n ........ ,~ 'c;'7. ~uu~r~uea~t ~e l~ 21st ~y of ~g~001 A D ~, ~n~ ~ ~ ~ N~ARY PUBLIC , ~; My commission expires June 6, 2~2 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 Probating same Notary Fee(s) Total $ 252.12 $ 1.50 $ 253.62 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and Th un P ' - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST ~, 2001 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 tree. ~ ~T~T~ 8AL~ NO. ~1 Writ No. ,,2001-1728 Civil Manufacturers & Traders ·rust Company, Successor Financial Bank, N./L, Successor In Interest To Fro-reefs Trust Company Douglas S. Graham and Margot B. Graham SWORN TO AND SUBSCRIBED before me this 3 day o f ~&LQ.~T~2JZQ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND t ss. Robert p Ziegler ................................................................ Recorder of Deeds in and for said County and State do'hereby certify that the Sheriff's Deed in which ................ Manufacturers & Traders Trust Co t~thegrantee the same having been sold to said grantee on the 5th , - .............................................. day of September ........................................ A. D., ..' 20.0=1=__, under and by virtue of a writ .............. Exec. ut ion ............................ ~ ................... ~ued un the --_-LL~_b ............................. dny of June 2001 .......................... A.D., ..... ~ out of the Court of Commas Pleas of said County'aS of Civil .................................................................................. Term,: 20gll__ · 1728 Number .............. ~UtthcSUitOf21Sn'6~¢~Ltl~CFl & Tradmra Tr,,~e m ~ ~ ............ - ............ ~---------~9.~__~_9_c_c_e_ssor ox Merger r,~yocone elnanclal DAnK N A Successor in Interest to Farmers Trust ~- ........... ............................... a~ainst Do_u~las S & Margot B Graham duly recorded in Sheriff's Deed Book No 248 - 4277 ............. , rage ............. with IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __=.~__~'____= day ........................... A. D., ~- o..O__.f_ Manufacturers & Traders Trust Company Successor by merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Trust Companj VS Douglas S. Graham and Margot B. Graham In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-1728 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 12, 2001 at 6:14 o'clock P.M., EDST, he served a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Douglas S. Graham, by making known unto Margot B. Graham, wife of defendant, at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said true and attested copy of the same. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states on July 12, 2001 at 6:14 o'clock P.M., EDST, he served a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon one of the within named defendants, to wit: Margot B. Graham, by making known unto Margot B. Graham, at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents, and at the same time handing to her personally the said tree and attested copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states on July 09, 2001 at 12:38 o'clock P.M., EDST, he posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action upon the property of Douglas S. Graham and Margot B. Graham located at 820 Gobin Street, Carlisle, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Douglas S. Graham, by regular mail to his last known address of 820 Gobin Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a pendency of the action to one of the within named defendants, to wit: Margot B. Graham, by regular mail to her last known address of 820 Gobin Street, Carlisle, PA 17013. This letter was mailed under the date of July 13, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T., and sold the same for the stun of $80,000.00 to Attorney Jane Adams (for Attorney Bonnie Dahl) for Manufacturers and Traders Trust. It being highest bid and best price received for the same, Manufacturers and Traders Trust of One Fountain Plaza, 6th Floor, Buffalo, NY 14230, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $2,584.88. Sheriff's Costs: Docketing $ 30.00 Poundage 1600.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 3.25 Certified Mail 1.75 Levy 15.00 Surcharge 30.00 Law Journal 302.60 Patriot News 253.62 Share of Bills 25.66 Distribution of Proceeds 25.00 Sheriff's Deed 26.50 $2,384.88 paid by attorney 10-05-01 Swom and subscribed to before me This ~/.~' day of O~ 2001, A.D. Proth6n~tary R. Thomas Kline, Sheriff Re~l Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 01-1728 CIVIL ~ TERv[ COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due · Manufacturers & Traders Trust Ccmpany, Successor by Merger with Keystone Financial Bank, N.A. SUccessor in Interest to 17-a~,,~.~ T~-ust C,~,,~,~,: PLAINTIFF(S) from Douglas S. Graham and Margot B. Graham, 820 Gobin St., Carlisle, PA 17013 DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Le.qal Description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of .GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or othe~vise disposing lhereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other thar~a.named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $102,679.85 Interest Atty's Comm % Arty Paid $119.10 L.L. $.50 Due Prothy $1.00 Other Costs Curtis R. Long Plaintiff Paid Date: June 11, 2001 REQUESTING PARTY: Name Bonnie Dahl, Esq. Address: 1020 N. Kings Highway, Suite 210 Cherry Hill, N.J. 08034 Attorney for; Plaintiff Telephone: 856-755-1560 Supreme Court ID No. 79294 Prothonotary, Civil Division (' Deputy REAL ESTA'I'E SALE No. 5~ On J~,,_,_ /~'~ .~ oo / the sneritt levied Ul~On the amenuarlL, interest in the real property situated in Cumberland County, Pa., known and numbered as: ~',2o ..~_ ~~ ~'~ and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: /~'~ /~., ,~! By: ~ SCHEDULE OF DISTRIBUTION SALE NO. 51 Writ No. 2001-1728 Civil Term Manufacturers & Traders Trust Co., Successor By merger with Keystone Financial Bank, N.A., Successor in Interest to Farmers Trust Co. VS Douglas S. Graham and Margot B. Graham Filed October 5, 2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Manufacturers and Traders Trust $80,000.00 Real Debt $102,679.85 Interest Attorney writ costs 119.10 Total $102,798.95 Distribution Amount Collected $2,584.88 Legal Search 200.00 Sheriff's Costs 2,384.88 So Answers: R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITrlNG THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 51 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for ail taxes for the year 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipai Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Be.low. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which John A. Karagiannis and Analia S. Karagiannis by deed dated December 7, 1987 and recorded December 7, 1987 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania in Deed Book "B," Volume 33, Page 1006 granted and conveyed to Douglas S. Graham and Margot B. Graham, his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of 60 feet wide Gobin Drive. 6. Conditions, easements and restrictions shown on or set forth on the Plan of Hamilton Development recorded in Cumberland County Plan Book 12, Page 60. 7. Building and use conditions and restrictions as set forth in deed of Charles W. Anderson and Edna B. Anderson recorded in Cumberland County Deed Book "O,' Volume 13, Page 466 as amended by agreement recorded in Miscellaneous Record Book 136, Page 373. 8. Mortgage in the amount of $102,000.00 given by Douglas S. Graham and Margot B. Graham to Farmer's Trust Company dated December 17, 1993 recorded December 22, 1993 in Mortgage Book 118'/. Page 467. Complaint in Mortgage Foreclosure filed by Manufacturers and Traders Trust Company as Plaintiff against Douglas S. Graham and Margot B. Graham as Defendants in the Office of the Prothonatary of Cumberland County to file number 2001-1728. Default judgment in the amount of $102,679.85 entered June 11, 2001. 9. Complaint in ejectment fried by Manufacturers and Traders Trust Company as Plaintiff against Douglas S. Graham and Margot B. Graham as Defendants in the Office of the Prothonatary of Cumberland County on September 17, 2001, to file number 2001-5422. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 11. Real estate taxes accruing on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. RF~L E~TAT~ ~ NO. 51 Writ No. ~001-1725 ~u~aet~er~ ~ ~a~em By Merger With Keystone F~ B~, N.~, Successor In Interest To F~e~ ~st Comply Dou~as S. Gr~ ~d M~got B. G~ At~.: Bo~e D~ ~ ~at ce~ ~act ofl~d ~e ~provemen~ ~ereon e~cted, sl~ate ~ ~e ~ W~d of ~e Bor- ough of C~sle, Cumberl~d Co~- ~, P~sy[v~a, more P~l~ly bonded ~d des~bed P~u~t as follows: BEGINNING a{ a point on the No~ ~e of Gob~ S~et, w~ch po~t Is wes~dly 315.79 f~t ~e Eastern bound~ l~e of l~d H~ton D~lopmen~ ~ce ~ong ~e No~e~ line of Gobin S~eet by a c~e to ~e le~, ha~g a dlus of 403.62 fee~ ~ ~e center line of said street, Wes~dly 80 feet ~ a po~t on ~e of l~d now or fo~efly of Rels~ger B~ers, Inc. ~ce by ~e ~tter ~d, No~ 20 degrees 47 minutes West, 122.65 {erroneously refe~ed in Deed as 122.56) feet to a point on line of l~d of Carlisle Fair Association; ~en~ ~ ~e latter ~d, No~ 70 de~es 41 ~utes ~st, 87.~ feet to line of land now or fo~efly of Robe~ E. W~ ~d ~e; ~ence by said W~l land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to ~e Place of BEGIN- NING. BEING THE SA~E P~MISES w~ch Jo~ ~ ~s ~d ~a- ~a S. ~l~s, husb~d ~d by Deed dated December 7, 1987 ~d ~co~ December 7, 1987 the Recorder's Office in and for Cumberl~d Count, Pennsylvania In Deed Book Volume B33, Page 1006, grated ~d conveyed unto Douglas S. G~ ~d M~got B. Graham, husband and wife, the mortgagors herem. · SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KINGS HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY PLAINTIFF, VS, DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 01-1728 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY, Plaintiff in the above action, by its attorney, BONNIE DAHL, ESQUIRE sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 820 GOBIN ST., CARLISLE, PA 17013: 1. Name and address of Owner(s) or Reputed Owner(s): DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM 820 GOB1N ST. CARLISLE, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: MARGOT GRAHAM 820 GOBIN STREET CARLISLE, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY P.O. BOX 840 BUFFALO, NY 14240-0840 Name and address of every other person who,has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: DARLENE L. MOYER CARLISLE BOROUGH TAX COLLECTOR PO BOX 128 CARLISLE, PA 17013 DOMESTIC RELATIONS P.O. BOX 320 13 N. HANOVER ST. CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE - LIEN BUREAU OF COMPLIANCE DEPT. 280946 HARRISBURG, PA 17128-0946 ATTENTION: SUE BLOUGH CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE CARLISLE, PA 17013 CAROLYN MCQUILLEN TAX COLLECTOR 1044 PINE ROAD CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT(S)/OCCUPANT(S) 820 GOBIN ST. CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. SPEAR & HOFFMAN, P.A. Attorney for Plaintiff SPEAR & HOFFMAN, P.A. BY: BONNIE DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 1020 N. KING8 HIGHWAY, SUITE 210 CHERRY HILL, NEW JERSEY 08034 (856) 755-1560 ATTORNEY FOR PLAINTIFF MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMP3dN¥ PLAINTIFF, VS. DOUGLAS S. GRAHAM AND MARGOT B. GRAHAM DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.01-1728 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARGOT B. GRAHAM 820 GOBIN ST. CARLISLE, PA 17013 Your house (real estate) at: 820 GOBIN ST., CARLISLE, PA 17013 is scheduled to be sold at Sheriffs Sale on SEPTEMBER 5, 2001at: CUMBERLAN'D COUNTY COURTHOUSE 2Nr> FLOOR, COMMISSIONERS HEARING ROOM 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 at I0:00 a.m. to enforce the court judgment of $102,679.85obtained by MANUFACTURERS 8,: TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCLAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALF To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to MANUFACTURERS & TRADERS TRUST COMPANY, SUCCESSOR BY MERGER WITH KEYSTONE FINANCIAL BANK, N.A., SUCCESSOR IN INTEREST TO FARMERS TRUST COMPANY the mount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To fred out how much you must pay, you may call: (856) 755-1560. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGI-IT8 EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (717)240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full mount due in the sale. To find out if this has happened, you may call (717)240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house· A schedule of distribution of the money bid for your house will be filed by the Sheriffno later thanOCTOBER 5, 2001. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE· IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED~ BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17103 PUR~ UANT TO TItE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT TtIIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT· ANY INFORMATION OBTAINED WILL BE USED FOR TtIAT PURPOSE. ALL that certain tract of land with the improvements thereon erected, situate in the Fifth Ward of the Borough Of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described pursuant as follows: BEGINNING at a point on the Northern L{n~ of Gobin Street, which point is westwardly 315.79 feet from the Eastern boundary line of land Hamilton Development; thence along the Northern line of Gobin Stree by a curve to the left, having a radius of 403.62 feet in the center line of said street, Westwardly 80 feet to a point on line of land now or formerly of Reisinger Brothers, Inc.; thence by the latter land, North 20 degrees 47 minutes West, 122.65 (erroneously referred in Deed as 122.56) feet to a point on line of land of Carlisle Fair Association; thence by the latter land, North 70 degrees 41 minutes East, 87.43 feet to line o f land now or formerly of Robert E. Walt and wife; thence by said Wall land, South 17 degrees 16 minutes 14 seconds East, 127.43 feet to the Place of BEGINNING. BEING THE SAME PREMISES which John A. Karagiannis and Analia S. Karagiannis, husband and wife by Deed dated December 7, 1987 and recorded December 7, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania in Deed Book Volume B33, Page I006, granted and conveyed unto Douglas S. Graham and Margot B. Graham, husband and wife, the mortgagors herein. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved 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 Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-New,~ newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. 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_ MisAellaneous Book "M", Volume 14, Page 317. / PUBLICATION COPY S A L E #51 ..,., ~r, P~~ ~" N~ARY PUBLIC ~ My ~mmission expires June 6, 2~2 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 Probating same Notary Fee(s) Total $ 252.12 $ 1.50 $ 253.62 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and T un ' - , newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 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 tree. REAL ESTATE ~ NO. 51 Writ No. ,2001-1728 Civil Manufacturers & Traders Trust Company, Successor By Merger With Keystone Financial Bank, N.~. Successor In Interest To Fmwaers Trust Company Douglas S. Graham and Margot B. Graham SWORN TO AND SUBSCRIBED before me this 3 day of AUGUST, 2001