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HomeMy WebLinkAbout04-1459 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff No. OLl - J4Srr Q; ui.L ~DL"""l COMPLAINT IN MORTGAGE FORECLOSURE vs. WILLAIM C. STARLIPER AND BARBARA K. STARLIPER Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: CERTIFICATE OF ADDRESS: 1434 THREE SQUARE HOLLOW HOPEWELL TOWNSHIP PARCEL NO.#11-06-0041 LORI A. GIBSON, ESQ. PALD. #68013 JON A. MCKECHNIE, ESQ. PA LD. #36268 MARLENE J. BERNSTEIN, ESQ. PA ID# 43574 Bernstein Law Firm, P.e. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. F0030096 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs. No. WILLIAM C. STARLIPER AND BARBARA K. STARLIPER Defendant( s) NOTICE AND COMPLAINT 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 upon you, 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 Two Liberty Avenue Carlisle, P A 17013 Telephone: 717-249-3166 (1-800) 990-9108 () 4- 1t.f61 c.;v.1 T.....I{~ COMPLAINT 1. M & T Bank, successor in interest to Keystone Financial Bank, NA is a corporation with offices at llOO Wehrle Drive, 2nd Floor, Williamsville, NY 14221 and is hereinafter referred to as "Plaintiff' . 2. Defendants are adult individuals who reside at 2225 Lindsay Lot Road, Shippensburg, Cumberland County, Pennsylvania 17240 and 1434 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240, respectively. 3. On or about February 26, 1999 Defendants executed and delivered to Plaintiff a Mortgage on certain real property owned by Defendants. Said Mortgage was recorded in the Office of the Franklin County Recorder of Deeds in Mortgage Book Volume 1524, Page 59. A copy of said Mortgage is attached hereto, marked Exhibit" 1" and made a part hereof. 4. Of even date with said Mortgage, Defendants executed and delivered to Plaintiff a Note. A copy of said Note is attached hereto, marked Exhibit "2" and made a part hereof. 5. By the terms and conditions of the aforementioned Mortgage and Note, Defendants agreed to repay certain sums to Plaintiff and, in so doing, to make certain monthly payments to Plaintiff as is more specifically shown by said Mortgage and Note. 6. On or about February 20,2004, Notices of Homeowner's Emergency Act of 1983 were sent to Defendants in accordance with Act 91 of 1983(P.L.385, No. 91), as amended, and in accordance with Act 6 of 1974(P.L. 11, No.6), as amended, and pursuant to 12 P A.Code Chapter 31, Subchapter B, Section 31.201 et seq., as amended, and that an action on said Mortgage may be commenced after 33 days from the postmark date of said Notice. Said Notice Further advised Defendants of Defendants' rights and obligations in accordance with said Acts. Copies of said Notices are attached hereto, collectively marked Exhibit "3", and made a part hereof. 7. Plaintiff avers that Defendants are in default of the terms and conditions of the aforementioned Mortgage by having not made payments as agreed, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that the outstanding principal balance due is $74,106.22. 9. Plaintiff is entitled to interest at the rate of 8.490 percent per annum. Interest due from November 2, 2003 through and including April 15, 2004 amounts to $2,844.60. 10. Plaintiff is entitled to late charges of 5% of the monthly payment of principal and interest per month for a total of$150.00 as of April 15, 2004. 11. Pursuant to the terms and conditions of the aforementioned mortgage, Plaintiff, at its discretion, may do or pay whatever is necessary to protect the value of the property and Plaintiff's rights in the property. This sum is currently $150.00. 12. By the terms of the aforementioned mortgage, Defendants have agreed to pay reasonable attorney's fees in the amount of $950.00 and which will increase at the rate of$llO.OO per hour depending on the extent oflitigation required. 13. Although repeatedly requested to do so by Plaintiff, Defendants willfully failed and refused to pay the aforesaid balance, interest, escrow advances, late charges, attorney fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure against Defendants, jointly and severally, in the amount of $78,200.82 with continuing interest and late charges at the contract rate plus costs. BERNSTEIN LAW FIRM, P .C. By: 111~-cL1 0 ~ Marl:n{J. Bernstein,,isquire Attorneys for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO, F0030096 ~:'29/2003 11:03 7172335115 KARLA l \....~I . 0..\'1 . ~ \ V< MORTGAGE This MOR.TGAGE, dated O=ober I (, . 2002 is botWeczl William C. Starliper .to Barb.... K. Surllper, residitll! at 1434 Tbree SqUlll'C Ho1Jow. N_burg, PA 17240- 9351, the ~ or pcnoDl sipg ;II "Mortpgor" below, end US, Mamlfac:turera ~d Traders Tmst QlmpaDy, One MItT P\a7a, Bu!&1o. N=w Yorit 14240, the "Mortpgee. MORTGAGED PREMISES: You mortgallC, gnnt aDd ~0I1Ve)' to \J8 the prllmi._locatlld at: 1434 Tbr:= Square Hollow Road, Hopewell Township, Newburg Borolll!b. COlIDtY of Cumbr:r1an4 P~lVllDia, (the''Prcmises'1:. A legal descriptian of the Pretnise& il cOIlll\ined in the Deed by wbich yon acquired the Pranises. which i. n:cordecl at !be CumbcllDd COlll1ty office for the R.e.:ording of Dccd3, in Deed Boole 1423, an pase(s) 409. The Premises includes III buildin81 end other illlplQvaneuts. Dew or later on the pnmiJes 8l1d tllrJ rights or intm'at which derive from yollt ownlllllbip, _ or po....sion oC the Premises. LOAN: The Mortglge will sec1\rIl our loan to: William C, Starliper " B...ban 1(. Starliper, account # 88296730001(whether one or man: pmom c:alIed lh.. ''Borrower''), in the pril1eipllll!llPlIDt of S7B,2OS.00, plUS interest and easts, all af which the BDITOWr:r m.u5\ repay u;coa!iag to .. note fir qr=nc:nt (tb8 '"Note" dated June 28, 1999. Tbia Morts.e will a1ao lICC>l>(C the pcrtarm_ of dl of DomlWer', pl'Omi!lCS in the Nol&, all oC your promises in this Mortgage, 8Dd lIlY exlensioDa. renewals, ....oMmClllll or other modifications ot' Ibc Note. OWNElUlBIP: You an the sole OWDef(s) oftllc Premises. You have the legll rlgblto Mortgage it to 115. TAXES: You will pay all Ra1 CItaIe, uxes, -ents, \Valer chIrges and sewer rents relating 1Ill the Premi_ wbllll they bec:om.e due. You will !lOt cWm any credit on, or malee deduction from, the loan because you pay these tues ancl charies. You win provide us with proof ofpaytneot 1IpOIl request. MAJN'BNANCI: YOIl willlDllintain tile buitding(s) 011 the PJ:emises in good eand(tion. You will DOt DUb 1DII,jor d11l1lgeS in the building(s) llXCept for normal tCpaizs. You will not tear the bllildlD&(a) I10wn without first getting our consent. You will not u.se the I'Bmisc:a iUcplly or far hin. INSURANCE: You will kcc:p the bulldiag(a) 011 the Premia. insured at ell times apWt loss by fire, flood II1d mry other hazards we lnlIY Ipec~. Yau may cboose tbe i1Isutance company. but our choice is subject to OUT MIOlIlIble appt'Ovll. The policies must be for at least the amountlllld tlte time periods tbI1 WI: specifY. You will deliver to us upon our request the policies fir other proof of insurance. 11Ie policiea must l\llI1le us as lo.s-payce. 'Ibis meas Chat we will receive payment on all inslJl'll.bCC ~1al1m. 10 the cxtcot of our interest UDder thi. Mortgage, before you. It must also provide that we be given IUlt less than 10 da.ys prior wriltell notice of my C8IlCellation or rcduclicm ill ~ovcng.. far my ~n. Upon request, you shall delivr:r the policies, certificates or other I!lVidcnce of in__ to UI. in the event of loss or d_ge to the Pnmiscs, you will immediately BK I 7 77 PG 4 I 2:f X H I BIT I PAGE I OF I -v"PAG:S PAGE 15/17 , J '1" /' -....-. - ..... __ _.... 41_.. ~ '.'- SCHEDULE "A" All the following real estate lying and beIng situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1: BEGINNING at a post in Township Route 379, at corner of lands now or formerly of M.M. Thrush: thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1086 feet to a post; thence SOuth 0 degrees 37 minutes East, 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West, 453.75 feet to a spike In the aforesaid Township Road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15'.41 acres In accordance with a survey date May 29, 1970 by Thomas A. Neff, R.S. TRACT NO.2: BEGINNING at a point in the centerline of Township Road 379 at corn@r of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his Wife; thence by lands now or formerly of Hrbacek, North 09 degrees S3 minutes 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds East, 248.33 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, SOuth 11 degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road. North 79 degrees 29 mInutes 2S seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres aCCOrding to survey dated August 9, 1982 by John R. Kissinger. BEING Lot NO.3 In Plan of Lots of Robert F. Saphore recorded In Plan Book 42, at Page 95. BEING that same real estate that Barbara K. Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded in the Office of the Recorder of Deeds In and for Cumberland County, Pennsylvania, in Deed Book . 108 at Page 310, conveyed to Barbara K. Starliper and William C. Starliper,. . .. ,"', husband and wife, Mortgagors herein.... ...~.<,.;....:;..," .. . ".' ..,~i~;l;[~~~fiJ~;~:;;: . ..'. '., r-:'n"I~"I\'i'~"j~" . :,'l,:,~="J.: ~~l'" ..;.;,..... .", . ..;.d~.,:'....;......J.,' .~\ ,."... ":-'''<:C''':.i...,..-tt::,,~l:'I''''': "..:,'. . . . . ." ..:. .1.. I 'oJ.,) '~~M;.!I t'~r'.~ .II'.,.,~I~:""~,:' ': "tl\~ 'l~'''''.' :..".""..,. ':""'''::'''''''':''';i~:':t;~1'.J;';:~,'''':'' '. ' ~:',~.r ''''I'I~I~' . .-Jr.,;p.~;."" "...- . 1 '''., ". .. . .;:,:~f ,:,,' .,.". ~ 99 ..~~~~~;e~ ~ ~n.. _....... e~ " SAB/02-23'2000 o?'.13.s:6 Projecl # 98-'1900116 GUAflANTY MORTGAGE 1434 Three Square Hollow Road. Newburg. Cumberland Counly. Pennsylvania THIS INDENTURE made IhisciI!::day01 .+tn-IIan ({ .,2000, BElWEEN WIL.L.IAM C. STARL.IPER and BARBARA K. STARL.IPER husband an~ wne Oolnlly, the 'MoltQ8gor') and Ihe UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD (Ihe 'Board'), with lis principal offices c/o Ihe PENN~YL.VANIA DEPARTMENT OF INSURANCE, with an add"ss.sI901 North Seventh Street. Harrisburg. Pennsylvania. 17102. RECITAL.S A. The Board, under a L.oan Agreemenl daled the same date as lhls Mo"gege (the 'L.osn Agreement'). has agreed to lend WILL.lAM C. STARLIPER (Ihe 'Borrowe") the principal sum of Sixty Thousand Slxly Seven Dollars ($60,067) (Ihe 'L.oan') upon the terms and subjec1lo Ihe conditions of the L.oan AlIreemenl. B. In order to evidence its obligalion to repay the Loan, the Borrower has signed a Note dated the same date as this Mortgage (Ihe 'Nole') which it has delivered to Ihe Board. The Note describes the Interest rate and Ihe payment terms of the Loan. C. Barbara K. Slarliper has agreed to guarantee repayment 01 the Loan. and in order to evidence this guarantee, Barbara K. Starliper has signed a Guaranly and Surely Agreement daled the same dale as this Mortgage (Ihe 'Guaranty") which she has delivered to Ihe Board. D. In order 10 secure said Guaranly, the Board has requasled Ihat it be given a guaranty second mortgage on Ihe property located al 1434 Three Square Hollow Roed, Newburg, Pennsylvania (the 'Premises'), E. The Mortgagor has agreed to granlthis Mortgage 10 Ihe Board to further secure Ihe Loan. ,'.--- NOW, THEREFORE, THIS INDENTURE WITNESSETH, thallhe Mortgagor In consi~rallon or the Loan, and 10 secure Ihe payme", of Ihe Loan, inlerest on the Loan and of all other sums due or 10 become due under the Loan Doc:uments (the 'Indabtedness') and to secure the performance by Mortgagor or all other provisions 01 tha Loan Documents, Intending to be legally bound by these presents, does hereby grant, bargain, sell. convey, release, alien, confirm and assign unto IhaBoard, its successors and assigns, all that certain parcel of land fully and accurately described on E.hiblt A, attached hereto and made a par< hereof (Ihe 'Premises'). SOOK159!! rACE ,s17 , .~ TOGETHER with all and singular the buildings and improvements arecled or 10 be erected tharaon. slra8ls, alleys. passages, weys. walers. watercourses. rightS. liberties. privllages, hereditaments and appunenances whalSoever. Ihereunto belOnging or in anywise appenalnlng, and the reversions and remainders ",nd renls. Issues and pro/lis thereof, including all income arising Iherefrom and all insurance procaeds and procseds 01 condemnation awards (collectively, the 'Premises'). TO HAVE AND TO HOLD the Premises hareby granted or mentioned and intendad sO to be unto Ihe Board, Its successors and assigns, to and for the only proper use and behoof of Ihe Board, ils successors and assigns forever. PROVIDED. HOWevER, that it the Mortgagor or Borrower pays 10 Ihe Board Ihe Indebtedness and any othar sums proparly payable under Ihe terms of Ihe Nole, the Loan Agreement, the Guaranty, and lhis Mortgage, on the dates end in the manner provided in the Nole. Ihe Loan Agreemenl, the Guaranly, and this Mortgage, and keeps all the olher covenants and promises contained In Ihe NOle, the Loan Agreement, the Guaranty, and this Mortgage, then from Ihal time this Mortgage and Ihe eslale hereby created, granted. transferred and assigned will be void, but olherwlse will remain in full force and elfect. AND THE MORTGAGOR HEREBY FURTHER COVENANTS AND AGREES AS FOU;OWS: ,. IiI1!. The Mortgagor has good, valid and markelabla tille 10 the Premises. The MO/1gagor has the righi, full power and lawful authority to exeCUle this Mo/1gege and 10 mortgage lhe Premises to the Board. The Premisct5 are free and clear of all liens and encumbranceti e-=ept Ihose of record which have been previously disclosed in wriling 10 the Board. This Mortgage ia and will be subordinata in lien and In paymant only 10 a $120,000 lien on the Premiees givan \0 1<~lone Financial Bank. daled Feb....ary 26, 1999, and recor<led on March 3,1999, in Mortgage Book 1524. paga 59 (Iho 'Permilled Liens'). The Mongagor will warrant and dafend the righls and litle of the Board 10 all of Ihe Premises against all claims, except the Permllled Uens. 2. payment and Performance. The Mortgagor will punctually pay, or caused 10 be paid, the Indebledness. In Ihe amounts and pursuanllo Ihe tarms of Ihe Guaranty, end will perform all olher agreements and provisions of the Guaranty. and pay when due all olhar ob6glilions and dabls hereby secured. AdttiUonally, the Mortgagor will punctually pay lhe loan and payments secured by lhe Permitted Uens and will punclually perform Its obligations under the Permilled Ueneand the notes secured by the Permitted Uens. 3. fleal Estate Tailes and Assessments. The Mortgagor will pay when due, and before they become dellnquenl. all taxes. water and sewer renls, assessmenls and other gover~enlal charges agalnslthe Premises or upon the rents. income and protits from the Premises so as to prevent the same from becoming or being an enforceable lien or claim againstlhe Premises. Upon raquest. Ihe Mortgagor will rurnish to the Board. nelless Ihan Ii lie en (15) days prior to Ihe dale On ...-" 2 8ood598rACt .918 , which payment of the same would become dellnquenl. receipls or other evidenca salisrectory 10 the Board of the paymenl of all such laxa.. rants. assessments and olher gOllarnmental charge.. 4. Insurance. Tha Mortgagor will mainlain insuranca on all buildings end Improvemenls forming a part of tha Premises (including those constructed aher tha dale or this Mortgaga) for Ihe benefit of the Board under an all-risk hazard insurance policy with boiler cOl/erage, in an amount not less lhan the fuli insurable value of the Premises (excluding foundaUons and olher parls below the surface 0/ lhe lowest /loor). The Board may from time 10 time, but not more than once eooually, require thaI the full insurable value of the Premises be determined by an appraiser or rating bureau satisfactory to lhe Board. The insurance policy will name the Board as a mclrtgagee in a standard mortgagee clause. The Mortgagor will deliver to the Board copies 01 all of said policies upon the execution of Ihis Mortgaga and upon each renewal, expansion or modlllcatlon thereol. together wilh a cu""nt Accord Evidence 01 Property Insurance Canlllcsle. Any modificallon or any Inouf'll1lCe policy rnust be approvad by the Board in writing prior \0 the eHective date of such modlficallon. The Board may setlle all claims under all such policies, excepl worker's compensalfOn, and msy demand, receive and receipt for all moneys becoming payable thereunder. The proceeds under any policy will be paid by Ihe insurer 10 Ihe Board as lhe Board'. interesl may appear, and Ihe Board In Its discretion may apply lha amount so collected loward Ih. payment of the Indabledn..,. or toward the alteration, reconstNclion. repelr or resloration of Ihe dameged portion of Ihe Premises or any portion Ihereor. The Mortgagor will prepay lhe premiums for all such Insurance lor atleasl six (6) monlhs in advance and thereafler will delivar to the Board evidence of payment 01 all premiums due on such insurance logelherwllh certificates of such insurance at leasllhlrty (30) days before payment Is due. All of such policies will con lain prOlllsion for nOlice 10 the Board not less than thirty (30) days in .dvance 01 any cancellation of such pOlicy. The Mortgagor will also demortslrate 10 the salis/aclion ollhe Board lhat the Pram. .re nollocaled within an area identified by Federal Emergency Managemenl Agency as having 'special 1I0od ha2ards,' as such term Is Interpreted under lederallew or In a zoned llcod plain or 1100<1 hazard arae as delermlned by local officials. II all or any pan of the Premises is localed In such an area. the Mortgagor will pay for and provide the amount of flood Insurance required by the Board In Its discretion. While Ihis Mortgage is in elfecl. Ihe Mortgagor will also malnlain worker's cornpef\Sallon insurance and public lIebility and proparty damage insurance on the Premlsas In .mount. ulisfaclory to Ihe Board and will detiver copies of such pOlicies to the Board. All Insurance poliCies described in Ihis Secllon 4 will be wrflten by insurance companies licensed 10 do business w"hln Ihe Commonweallh of Pennsylvania and sallslacI01)l10 Ihe So.ro:!. 3 .80011598'IGt ~19 --'._,.".__._.~. 5. Mainlenance. The Mortgagor will keep Ihe Premises and all machinery, equipment and fixtures on the Premises In good condition and repair. Tha Mortgagor will not remove, demolish or malerially altar Ihe buildings, improvements and fixturas thai are a pert alar on the Premises and will nal commit or suller waste 10 any part of the Premises. The Mortgagor will mainlein the Premises in compliance wilh all applicable govemmental requirements. II Ihere is any damage to Ihe Premlees which is caused by fire or other casualty or condemnation, the Board may require Ihe Mortgagor 10 restore the Premises 10 the eondilion iI was in prior 10 Ihe occurrence of such damage. The Mortgagor will permit the Board's agents al any reasonable Ume 10 enler upon the Premlsea lor lhe purpose ollnspecling end appraising the buildings and Improvements. 6. RRslnelions. The Mortgagor will not take or permit any action with respect lo the Premises which will in any manner impair the Board's securUy under this Mortgage. The Mortgegor will not convey, transfer, encumber, hypothecate. lease or Otherwise dispose of lhe Premls.s or permillhe crealion of any addilional debl secured by the Premises. 7. Pavmenl of C(I$ls. II the Board or the Pennsylvania Departmenl of Communily and Economic Development ("DCED") retains Ihe servicas of counsel In connection wilh any de'aull under this Mortgage or the Guaranty, the Mortgagor will pay lhe Board or DCeD (as tha casa may be) an allomey's fee amounling to five percenl (5%) 01 Iha principal indebledness, but in no evenl less Ihan the sum of Five Hundred Dollars ($500.00), and this obligation will be secured hereby. The Mortgagor will also pey all eosls in connection wilh both the recording of this Mortgage and the recording of any satisfacllon 01 this Mortgage, e. Events 0' Defaull. Any at the fallowing will constilute an evenl 0' defaull under this Mortgage: (i) the occurrence of any Evenl of Defaull under Ihe Guaranly, (ii) any COllenanl de/aull b, Mortgagor in the punctual observance or performance 01 any of Ihe Mortgagor's covenants or agreements In Ihls Mortgage which has nor been cured wilhin thirty (30) days aller notice, (iii) the Irans'er of the Premises or any portion thereof (or Ihe transler of a benelicial interest in Mortgagor and Mortgagor is not a natural person) without paymenl in full of all amounts secured under the Mortgage, (iv) defaull in Ihe due and punctual payment of the principal of or interesl on the Permitted Liens aller Ihe same \vIII become due and payable. or (v) delaullln the due and punctual obsafVance or performance of any of lhe Mortgago~s covenanta or agreements contained in the PerminwLiens or any documents secured by Ihe Permitted Liens which has not been cured within any 8PllIicable cure period. If any evanl of default occurs, Ihe Board will hava Ihe optiOn 0' doing any or all 01 the following: (a) making the entire unpaid balance of the Indebtedness due and payable Immediately, Wilhoul further notice 10 the Mortgagor; (b) taking immediale possession of the Premises as provided In this Mortgage; and (c) exercising Immediately any and all other righls and remedies provided in Ihis Mortgage and in Ihe Note, or which may be available \0 the Board. All such rights and remedies will be cumulative and concurrenl and may be pursued singly, successively or togelher In Ihe Iloard's 4 .nnd !>AA '11:1 .920 sole discrelion. All such righls and remedies may be exercised from lime to limo and as often as an occasion. or occasions. theroror will occur unlillhe Indobtedness Is paid in full. 9. Poss....ion and Aenls. If the Board takas possession of the Premises aher an evenl of default. the Board may, In Its .ole discretion take any or all of the f<:>lIowing aCllon.: (e) The Board may hold, manage, operate and lease the Premises 10 Ihe MOngagor or to any other person or persons. on such terms and lor such period. at lime as Iho Board may deem appropriate. The provisions ot any lease mede by Ihe Board pursuant 10 Ihis Section 9 will be valid and binding upon the MOrlgagor nolwlthslanding the lectthat Ihe Board'. rlghl or pos.ession may termlnale Or this MOrlgage may ba 'i\tislied of recold prior 10 tha explralion of Iha term of such lease. (b) The Board may make such allerations. additions, improvements. renovations, repairs and replacements to the Premises as the Board may deem proper. (C) The Board may remodel all or ponlons 01 Ihe Premises so as 10 make the Preml.e. available in whole or in pan ror olher purposes. (dl The Board may collecllhe rents and olher charges lrom the Premises, Including those which are past due. and apply Ihe sums collected, In such order of priority .s the Board may determlno. to tho payment of all charges and commissions Incidental to Ihe collecllon of rents and the management 01 the Premises and all other sums or charges required to be paid by the MOrlgagor hereunder. In addition 10 the paymenl 01 such charges and commissions, the Board will be entitled 10 relain notles9 than ""een percenl (15%) of such rents, issues and profits in payment lor the administrative and managemonl s.",ice. of Ihe Board. All moneys advanced by the Board for any of Ihe actions permitted under Ihis Section 9 and not repaid oul ollhe renls collecled wUl immediately and wllhoul demand be repaid by Ihe Mor198gor to the Board. logether wilh Interesllhereon at the rale of flfleen percent (15010) per annum, and will be added to the principal of Ihe Loan and be secured by Ihis Mortgege. The producllon of ue<:eipl by the Board will be conclusive proof of a payment or advance authorized hereby. and the amount and vaUdlty Ih.reof. The taking of possession and collection of rents by Ihe Board under this Section 9 will nol be construed to be an affirmation of any lease of the Premise. or eny panlhereor. 8I1d Ihe Board or any other purchaser at any foreClOSure sale may, 11 otherwise entiUed to do '0. exelllise the right to lerminale any such lease as Ihough such taking of possession and eollecllon of ...nlS had not oc:curred. 10. Confe.sion of Jud<;menl for Possession. THE FOLLOWING PARAGRAPH SETS FORTH A WARRAJIIT OF AUTHORrTY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MORTGAGOR. IN GRANTING THIS WARRAJIIT OF ATTORNEY TO CONFESS JUDGMEJIIT AGAINST THE MORTGAGOA, THE MORTGAGOR HEAEBY KNOWINGLY. INTENTIONAlLY AND ~ ,'-';""0 5 .8oG11598'IC! .921 ,. ..;....... VOLUNTARILY. AND. ON THE ADVICE OF THE SEPARATE COUNSEL. OF THE MORTGAGOR, UNCONOITIONALLY WAIVES ANY AND ALL RIGHTS THE MORTGAGOR HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. In c.se 01 any .vent 01 d.'ault as set lorth In S.ctlon 8 01 thl. Mortglllle (01 whieh .n .ffldavlt on behalf 01 the Board. will be sufficient evldenee), then. and in eny such event. any attorney 01 eny eourt 01 record 01 pennsylv.nl. or elsewhere i. hereby .uthorized and empow.red to appear lor the Mortgagor, and all per.on. claiming under or throligh the Mortgegor, and as allorney lor the Mortgagor and all persons claiming under or thro"gh the Mortgagor, to sign an agreement lor entering an amicable acllon 01 ejectment for pasHasion a' the Premlaes or eny part thereof and to eonlesa judgment therein agaln.t the Mortgagor, In lavor 01 the Board, whereupon a writ for posses.lon m.y Immediately issue for the possesslan of the Pr.mi.... without any prior complaint, writ or proceeding whatsoeVer; and lor ao dOing this Mortgage, or a copy hereof verilled by affidavit, wDl be his sufllelent warrant. Thla power may be exercised as often as the Board will require and will not be.exh.ll8led by on. or more or by .ny Imperfect ellercl.e thereof. IIlar eny reBSon after such action has been commenced, lhe aclion is discontinued or possession of the Premises will remain in or be reslored 10 the Mongagor. the BOllrd will have lhe righl lor Ihe same default or any subsequent delaulllo bring one or more funher amicable actions as above provided to recover possession of the Premises. The Board may bring such amicable action In ejeclment belore or after Judgment on this Mongage or on the NOle, or after a sale of the Premises by the Sheriff. II aller execulion and relurn 01 lhe writ 01 possession, the Mortg.gor re.entel$ inlo possession of the Premises, lhe Prothonolary, upon praecipe and affidavit setting forth the lacls filed within Ihree years aller lhe return 01 the writ upon which execution was completed, will issue a new writ of ~ossession. , 1. Waivers. The Mongagor waives Ihe right of inquisition on any property levied upon under a judgment oblalned in proceedings to collect the Indebtedness hereby secured or in proceedings on this Mortgage, and lurlher waives and releases any and all benefils that mayaecrue to the Mortgagor by virtue 01 any law relating 10 appralsemenls, stay of execulion or exemplion of the Premises from levy or sale under execulion, now or herealter In lorce. A foreelosure aale will constitute a lorec;!osure sale or an equity whalsoever 01 the Mortgagor in Ihe Premises and the Board will. illl is Ihe purchaser atlhe sale, hold the Premises and any part thereof so purchased 'ree 01 any equity of redemption by reason of any circumstances whatsoever and nol as collateral far any obligation. /' 12. No Release. No o:<lenslon or indulgence granted to Iho Mongagor, end no allerelion, chenge or modification 01 Ihe Note consented or agreed to by the Board, and no olhetJlct. or omission 01 the Board, including the leking 01 additional security or the release 01 eny security, or the waiver by the Board or failure by the Board 10 enforce any provision of this Mortgage. the NOle or the I.oan Agreement or 10 declare a defaull w~h respecl thereto, will constilute a release of the lien and obligation of this Mongage or be interposed as a dafense against the enlorcement of Ihls Mongage, or operate as a waiver of any subsequent defaults or otherwise aflect tha right 01 the Board to axercise all righls or remedies stipulated herein and in the Note and the Loan Agreement. except an act of Ihe Board which constiMes an express, effective, wrinen release end satisfaction of the Note. 13. Protective Advances bv MortC\aQee. II the Mortgagor fails to pay all interest and installmenls of principal on the Permitted Liens. or any laxes, water and sewer rents, charges, claims, asseumenls, essessments for public Improvements. lIans or encumbrances or lails to fumlsh end pay lor Ihe Insurance required by Section 4, or 'ells 10 kaep Ihe Premises In good condition and repair, the Board may, at Its oplion, pay any or all such items together with penalties and inlerntlharaon, and procure and pay lor such Insurance end rapairs. Additionally, lollowlng any default by the Mongagor, Ihe Board may al any time advance such other sum or sums lIS the Board in its sole discretion may deem necessary 10 protect the secur~y 01 this Mortgage. Any advance by the Board undar this Section 13 will be considered a protective advance. All prolective advances made by the Board will immedletely and without demand be secured hereby and the Mortgagor will be obligated 10 repay such proteclive advancas to Ihe Board, togather with interaslth.reon 8tthe rate of fifteen percent (15%) per annum. If not immediately repaid, the amount of such protective advances will be added to the p~ncipal ollhe Indebledness and ba secured by this Mortgage. The production 01 a receipl by Ihe Board will be conclusive prool 01 a payment or advance aulhorlzed hereby, and the amount and validity thereof. 14. Transfer ollhe Prooenv or a Beneflciallnleresl in MortQaaor. If all or any part 01 the Premises or any interesl in It is sold or transferred (or If a beneficial inlarestln Mortgagor is sold or transferred and Morlgagor is not a natural person) wilhoutthe Board's prior wrluen consent, Ihe immediate paymenl in fUll 01 all sums secured by this Mortgage shall be due and payable without demand or notice. 15. Binding Effect. All covenants, stipulations and agreements contained in this Mortgage by or on behalf of the Mongagor will be binding upon ils successors In tllIe or interest and its assigns. whether so expressed or nol. 16. Amendments. This Mongage may be amended only with the wriUen consent 01 the Mortgagor and the Board, 17. tIllIIslU. Any nOlices or consents required or permitted by thIs Mongaga must be in writing and addressed to the Mortgagor or the Board, as applicable. Notices will be deemllClto bo .7 80011598'11;[ .923 ".___..._n_., , 0-/ delivered if delivered in person Or if sent by certified or registered mail, postage pre-paid, return receipt requested. as follows, unless such address Is chenged by wrluen notice hereunder: (al If to the Board: Underground Storage Tank Indemnlncallon Board c/o Commonwealth of Pennsylvania Department of Community and Economic Development 486 Forum Building Harrisburg. Pennsylvania 17120 Atlention: Program Director (b I If 10 the Mortgagor: William C. Starliper and Barbara K, Starliper 1434 Three Square Hollow Road Newburg. Pennsylvania 17240 Notice will be effective on delivery il delivered in person or on Ihe second bu81ness day following mailing if mailed. 1 S. Severabllitv. The provisions of Ihis Mortgage are severable. This means that if any of the lerms, covenants, condillons or provisions of this Mortgage are unenforceabla or invalid under lederal, slate or other applicable law, such unenforceabillly or invalidity will not meke any other 01 the terms, covenants. conditions or provisions hereof unenforceable or invalid. If any waiver by Mortgagor in IIlIs Mortgage is prohibiled by law, including but nOllimiled to the waiver 01 IIl,.mption from execution, such waiver will be and be deemed to be deleted herefrom. IN WITNESS WHEREOF. the Morlgagor has executed this Mortgage on the day and year lirst above wrluen. ~~~~ ~c.....'c)C'.~. ~'Y('>o- o~._ 'Barbara K. Starliper r: IQ~11598".G( .924 EXHIBIT 'A' LEGAL OeSCRIPTION ALL the following reel eslate lying end being situate in Hopewell Township, Cumberland County. Pennsylvania. bounded and described as follows: TRACT NO 1: BEGINNING at a post in Township Route 379, at comer oflanda.now or rormerly of M. M. Thrush; thence by lands now or formerly of Thrush. North ~ d.s 50 minutes east, 1,086 feet 10 e post: thence South 0 degrees 37 minutes Easli ,456.39 re.lto a while oak slump; thence North 51 degrees 30 minutes Wesl, 453.75 feel 10 a spnc.r,;rn. lhe aforesaid Township Road: thence by said ",ad, North 45 degrees West, n5.5 feel to . ~ Ihe place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated MIlY 29, 1970 by Thomas A. Ne"', R.S. TRACT NO.2: BEGINNING al e polnlln the centerline of Township Roed 379 et comer of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife: thence by ,snds now or fonnerly of Hrbacek, North os degrees 53 minutes 11 seconds West. 1299.76 fll1'lla a posl; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 I!IllOnds East, 356.83 feel 10 a pin: thence by lands by lands now or formerly of Hrbacek, SOl,llh 32 degrees S3 minutes 0 seconds East. 248.33 feet 10 a monument; thence by fhe samo, Sl:luth 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin: thence by the same, SOl.lth 11 degrees 31 mInutes 38 seconds EllS!, 915.07 reel to a painl in the centerline or Township Road 379; thence by cenlerllne of said road, North 79 degrees 29 minutes 25 seconds West. 22Ck42 feel 10 a polnl, the place of BEGINNING. CONTAINING 7.925 acres according 10 sUIVe)i!~ated August 9, 1982 by John R. Kissinger. BEING Lot No.3 In the Plan of Lots of Robert F. hPJ'lOre recorded In Plen Book 42, at Page 95. BEING thai same feal estate Ihel Gerald L. Shollls end Erma A. Sholtis. hus~:and wife, by their deed daled Augusl4. 1988 and ",corded In the Office or the Recardar Qf ~ In and for Cumberland Counly, Pennaylvania, in Dead Book 'N", Volume 33 al P.., 38&, conveyed 10 Donald W. Lehman and Barbara K. Lehman, husband and wife. Salcl DaljlfdW. Lehman died an JanUllIY 1. 1995 thereby vesting full and complete tille In Barbara K. Llil!tnan, now Barbera I<. Starliper. 800.1598,lct 325 9 ,.... COMMONWEALTH OF PENNSYLVANIA CumPf~lfl"'IJ 55 COUNTY OF FFI. .rllltll~ On this, th~ day 01 tP hUM cJ-- . 2000, bafore me the underslgnacl oIRcar, pa..on.llyappeared William C. Starliper. knowl:1to me (or s8t;slaclorily provan) to be the,person whose name Is lubscrlbed 10 the within instrument, and acknowledged that he executed tha seme for the purposes therein contained. In,;, ~,,~~:; "I ....' ""., uncl.\~ 'N. IN WITNESS WHEREOF. I have hereunto setl1hand and ollicial se.I;1"'..)':.....".:....!:<0., '.: . .. \'lrl."" ,'Gq~ ". .- '0:- ;.:~.-. .~.~. .,.t ':.~' "":\ ,,,.., ." '" ... " ., ~L(A./)rUll.:~ .." :;~ ~/..LJ~; Notary Public 0,;" ~ ~ ..""", 'ii ."7J" 0.. ......~,..-,.... "'. oJ"U'f\"i ..,., .:,...,'........,.\.:.. . ...0- j., . My Commission Expires: r _SoIl I SI1l~~~u~ MY eo.,.ljA.,~. Fob. 6. 21104 <, C) c::: Cl JC: '" '" QJr"lo ~' ,.., C> '" :::;r:t ~2", .... ~, ., ,..~::., C,.) ;; :".:J :n ~ OC.':IN COMMONWEALTH OF PENNSYLVANIA .. ~ :;;; ~ WI'I'\'i3f 2 L f11\J]) 55 b ::i::::::;; COUNTY OF f""*"'l<'H~ c..> -< "" '" ~ ";'(/lI On this. the .21!.:J'l.Y 01 r; hil In A IY- .2000, belore me the underSignedofllc:' ' person.llyappeared Barbara K. Slarliper, knownOb me (or saUslaclorlfy provan) 10 be Iheperson whose name is subscribad \0 Ihe within inslrumanl. and acknowledged thaI shaaxllCuted the same for the purposes therein conlained. My Commission Expires: ." ........ . IN WITNESS WHEREOF, I have hereunlo sal my hand and olliclal selll. ,";""";;:; rl ~ "'_ "p",,\\I:':'..~~':;' , I JU/lfJAl r f flA.r hifJ~~~~~"'I:~I:;'~:~;'.~; Notary Public "J'" : ~:t';. Q: '.:! ~:.t.-!. ..~~.."v ..~~ .....t:I t) ,.J......il,..!J't.... ":"'. .". , . i!:.:....,. ...... . ..... .... 'f........~ .,'- ","'I\;V\l'C ,. .... "":"~'I"H'~"~' I __I I llooon_~lY ~ev~ F". s. 20lW ~oid59B ralit ,826 .' "j. "':J~~~~;~~;):r. ':;:.' "! .'," .. , ,.~. . ~I.:ll:. ,c,:n ~!..~I:f1i-\ !~~j._!.,lr"1 . ,,":~. 2l! :'. ," 'd . 3:,:,1::7711011 I<o.r_ :...: ...... - .. "..~~~.:,' ......; " '" :. '-"" . " A ~~. ......,. ",,, ............ . "....~ '" :", ;;>:; ;:"1 .1';.~27. .,;: .-.... ,', ..,...... ...~~.mJl,l roi-AC'a::I\I..'\r.r~ I.I~T~.: ,". .' . ...... ,. r:NM~C::C C:HA::r.i' .... r-. ,'\"1:;1.11111,",11I...'11 111!0I' U' P;I';III:'III', ......... ,"," ,'.1," ........... S'I'::'I) ,.i;:..:::~.1;.li!i ~r ~::~'. "', . ~' . ~...:"". ;...... ,I," :) .~ r.. 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':1i:R1lNT- UfSUfWlCe 'II IK)T:I~EatilRli~-liIJrlleCl ,io\lO~ by !Iii "'~.. -..:.;..:.. IlrIlr>Oi.! ;~~\;;~~i:iI".. ~~lil~' '",f(lliOh_,~ lao-"" _\1;"",:, d 'hi, /'kQ . .~ ~,~=:-O:ft4~ ~~~td~~~::..S~:' ~~~~;":;~:::~~~i:'~:~~~ ~~r:~u:~-~~~~~,,::,~,:::,,~,~,~ . ""\011_ ...,,~ y,. "IIlIII1lIO'.W- .,....,....M,"'''~~'"'-I, ht,lhu"~"",.-r(~):u,,\)oI-:inwr;'!'l: ~'",*_~l;l~,,~'~'~,-'"'. ~,iII,IIIo:~~_""'."'",,d; ltt ~'ognon,. roll,~ ~"'!Ilo C<CdC" I Bt.lj~~. \'llll,~ S"'t;l(>,C.,dC'::';_-; ~_~;~:..~,.'~';;i;;"c~":l~' ~', fi~~,Y!IIl_~ ~~I_~, ~iiiO''' -If..,.........._...''.._,,,.... -J' 1..woIurii.Jf'o'~P._,._'I~'~~:--;'''eeiiMni ,~,-ljW"'II\,:y.:o....e:,....~"~~'""'ijl~a$;2-d~."' .;,; -:.s1 S. "N/A _'M.;h,IIll:Jl$-$,-,'-,:_,/_,-,"":,c:,ClMI'-S"--.'-". '-o;;'''::--~--'~ ~f~~~7~_ ..~~+;~~~; ~~~~~%;12~~~:: k-ttli." I.~ ic~lAjrvu~':;;iu'i~~_cllM;...,,;~iW1 ~AMDCNUEClIim''-IN$unA,,'i:i':ca.;,;,:Mn., wilnihGltII. QIIP;..., '-:- . - 'Ti-E-~" ""C;:;EAMS'AHl).Sf.ClJRllY'AGIlWANTiOH '1H'-$(CoN:> PAQ!!All4' PARr,'OI','n~IS NOTE.:'__ ::" _._-"' ::/~_I:/lf- "f!'" :8,~,;S ":~ r;ij~",~y~t~~~Ea~~~~?,~~~,~~-;~~~:~~'NCl'~:_:::",: \t(;U..;tl'~~, . _' :" , -- ," ,,,-,,:' ~:< <, . ':"(~~~4t':{_: 1~'~4'>T~~Et$I1U:~Rl'jfo:'::ltE.iun-G;"~":\1~A~93!1 ~_'&SI'lNlnlla WILLIAM C STARLIPli I ,- All'1IrtI \'1" . 'I-i: ' I\"I~'I .,~ i II I II' 1,11,;111:1, "<-'I't~ I' nt '1 ~I~ I " \1 I,III\~I\II.. 11~\I\\III~II\II~I~\III\Ii\\,II\I,(l~l\II,"III\\ II~\\"II"" ".: I" 1 1"" \ "I L Y "," 1 H \ I ~ 1 I I I ,I I I I l j 1 II I I I I i I I i I I , ! I i I ! i I i I ., ii Ii i\ i! H ii i\ it " Aft'i,;I;i,if o ..",.j "(,., ".'. J " '.,' :'. n -' " C!d.c So".'.". 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'I --- '-~~" ;;; .:;~~.:~:...j,~".",O(~ p;;[.l:.~ . '''-'''--PAuL ...~ . 0......1 " ~ :~,..,.,,>-. .'t"...... WlI!' ~'OSEPH J. BERNSTE:IN (PA. FU . ROBEJ-,T, S. BERNSTEIN (PA. FL. WV. NY) NICHOl_AS 0 KRAWr:::C (PA, NC, OH) I_OR! A_ l.:;lII::j;;:,UI'-I Wf-\J BERNSTEIN LA W FIR M, P. C. MARLENE J. BERNSTEIN (PA F"U CHARLES E. BOBINIS (PA. WV) JON A, MCKECHNIE (PA) EDWARD G. WEHRENBERG (PA) (STATES OF ADMISSION) 'rRADITION . TEC,"INOI_OGY . TAU:NT SUITE 2200 GULF TOWER, PllTSBURGH, PENNSYLVANIA 15219 1-800-927-3197 412-456"8100 FAX 412-456-8135 WWW.BERNSTEJNLAW.COMMAIL@BERNSTEJNLAW.COM William C. Starliper 225 Lindsay Lot Road Shippensburg, PA 17257 February 20, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the naUJre of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice expla ins how the progra m works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take dlis Notice with you when you meet with the Couns eling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives atthe Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASADE LAPERDIDADEL DERECHOAREDIMlR SU HIPOTECA PAGE EXHIBIT ~ I OF "PAGES HOMEOWNER'S NAME(S): William C. Starliper PROPERTY ADDRESS: 1434 Three Square Hollow, Newburg, PA 17240 LOAN ACCT. NO. 88296730001 ORIGINAL LENDER Keystone Financial Bank, N.A CURRENT LENDERJSERVlCER M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRCXiRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TOPAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIAHOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS URE--Under the k.t, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days rrom the date of this Notice. During that time you must arrange and attend a "face-to-face"meeting with one ofd1e consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUS T OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUS T B RING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MOR TGAGE UP TO DATE. CONS UMER CREDIT COUNS ELING AGENCIES--If you meet with one of the consumer credit counseling agency listed atthe end of this notice, the lendermay NOT take action aga inst you for tilirty (30) days after the date of this meeting. The names, addresses and telephone numbers of des igna ted cons umer creditcouns eling agencies for the country in which tile property is located are setforth atthe end of this Notice. Itis onlynecessarytoschedule one face-to-face meeting. Advise your lender immediately of your intentions. AP PLICATION FOR MORTGAGE AS S IS T ANCE--Your mortgage is in default for the reas ons set forth later in this Notice (see following pages for specific infonnation about the nattJre of your default) If you have nied and are unable to resolve this problem with tile lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill ou~ sign and file a completed Homeowner's Emergency Assistance Program Application widl one of the designated consumercreditcounseling agencies listed atthe end of this Notice. Olly consumer credit couns eling agencies have applications for dle program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or posOllarked within thirty (30) days ofyollr face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTF OL LOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGE NCY ACTION--Available funds for emergency mortgage ass is tance a re very limited. They will be disbursed by the Agency under the eligibility criteria established by dle Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During tila t time, no foreclos ure proceedings will be purs ued aga ins t you if you ha ve met the time requirements set forth above. You will be notified direcdy by dle Pennsylvania Housing Finance Agency of its decis ion on your a pplica tion. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TOCURE YOUR MORTGAGE DEFAULT (Bring itup to date). NATURE OF THE DEFAUL T--The MORTGAGE debt held by the above lender on your property loca ted at: 1434 Three S qua re Hollow, Newburg, P A 17240 IS SERIOUS L Y IN DEF AUL T becaus e: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for dle following months and tile following amounts are now past due: November, December of 2003 and January and F ebrualY of 2004 in the amount of $3,559.68 and Late charges in dle amount of $100.00 for a tota I of $3,559.68 Other charges (explainAtemize): Title search $100.00 Attomey fee $ 50.00 TOTAL AMOUNT PAST DUE: $3,709.68 HOW TO CURE THE DEFAUL TnYou may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LE NDE R, WHICH IS $3,709.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: M&T Bank, 1100 Wehrle Drive, 2nd Floor, Willa ims ville, NY 14221, Ann: Alicia Oliver IF YOU DO NOT CURE THE DEFAULTnlf you do not cure the default within THIRTY (30) DAYS of tile date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means thatthe entire outstanding balance of this debt will be considered due immediately and YOll may lose the chance to pay the mortgage in monthly installments. If full payment of the total amollntpastdue is not made within THIRTY (30) DAYS, dle lender also intends to insOllctits attomeys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOS ED UPON--The mortgaged property will be sold by the Sheriff to payoff tile mortgage debt If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay dle reasonable attomey's fees that were acrually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees acrually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amollnt you owe the lender, which may also include other reas onable cos ts. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay a ttomey's fees. OTHER LENDER REMEDIESnThe lender may also sue you personally for the unpaid principal ba la nce a nd a II othe I' sums due unde r the mortga ge. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALEnlfyou have not cured the default widlin tile THIRTY (30) DAY period and foreclos ure proceedings have begun, you s till have the right to cure tile default and prevent the sale atanytime up to one hour before the Sheriffs Sale. YOllmay do so by paying the total amount then past due, pillS any late or other charges dlen due, reasonable attomey's fees and costs connected Witll the foreclosure sale and any other costs connected widl the Sheriffs Sale as specified in writing by the lender and by pertonning any other requirements under the mortgage. Curing your default in dle manner set forth in this notice will restore your mortgage to the same position as if you had neverdefaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATEnltis estimated dlatthe earliest date thatsuch a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months after the date ofdlis Notice. A notice of the acrual date of The Sheriffs Sale will be sentto you before the sale. Ofcourse, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: 1100 Wehrle Drive, 2nd Floor, WilIiamsvilIe, NY 14221 PllOne Number: 716-63()'4924 Conta ct P e 1'5 on: Alicia Olive r EFFECT OF S HE RIFF'S SALE--You should realize thata Sheriffs S ale will end your owne 1'5 hip of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs S a Ie, a laws uitto remove you and your fumis hings and odler belongings could be s tatted by the lender atany time. AS S UMPTION OF MORTGAGE--You ____ mayor J___ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attomey's fees and costs are paid prior to oratthe sale and that the other requirements of the mortgage are satisfied. YOU MAY ALS 0 HAVE THE RIGHT: TOSELL THE PROPERTY TO OBTAIN MONEY TOP AY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHE R LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITIONAS IF NO DEFAUL T HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TOASSERT THE NONEXISTENCE OF ADEFAUL T IN ANY FORECLOS URE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TOASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TOSUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street C'lrlisle, P A 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR ACOPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO, UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,!F DIFFERENT FROM THE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very truly yours, BERNSTEIN LAW FIRM, P.c. ~ ~ Ni~hols 11, Paralegal DIRECT DIAL: (412) 456-81 II BERNSTEIN FILE NO FOO30096 ~'".~._~"._~-.,..- JOSEPH J, BERNSTEIN (PA. FU . ROBERT.S, BERNSTEIN (PA, FL, WV, NY) NICHOLAS D, KRAWEC (PA. NC, OH) LORI A. GIl::i:::'UN WA) BERNSTEIN LAW FI RM, P.C. MARLENE J. BERNSTEIN {PA, FU CHARLES E. BOBINIS (PA. WV) JON A. MCKECHNIE (PA) EDWARD G, WEHRENBERG (PA) (STATES OF ADMISSION) TRADITION. TECHNOLOGY. TALENT SUlr':: 2'<:".00 GULF TOWER, P1TISBURGH, PENNSYLVANIA 15219 1-800-927-3197 412-456-8100 FAX 412-456-8135 WWW.BERNSTEINLAW.COMMAIL@BERNSTE1NLAW.COM William C. Starliper 1434 Three Square Hollow Newburg, P A 17240 February 20, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nattJre of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PR<XiRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Couns eling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at )-8QO.342-2397. (Persons with impaired healing can call (717) 780-1869). This Notice conta ins importa nt legal informa tion. If you have any ques tions, repres entatives at the Consumer Credit Couns eling Agency may be able to help explain it. You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR V1V1ENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCClON INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENClONADO ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PR<XiRAMA LLAMADO ''HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PR<XiRAM" EL CUAL PUEDE SALVAR SU CASADE LAPERDIDADEL DERECHOAREDIMlR 5 U HIPOTECA PAGE EXHIBIT 3 (p PAGES , OF HOMEOWNER'S NAME(S): William C. Starliper PROPERTY ADDRESS: 1434 Three Square Hollow, Newburg, PA 17240 LOAN ACCT. NO. 88296730001 ORIGINAL LENDER Keystone Financial Bank, NA CURRENT LENDERISERVlCER M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COJvlPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECTOF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUS ING FINANCE AGENCY. TEJvlPORAR Y STAY OF FORECLOS UREnUnder the Act, you are entided to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of dlis Notice. During that time YOLl mLlstalTange and attend a "face-to-face" meeting with one ofdle consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUS T B RING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLE D "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONS UMER CREDIT COUNS ELlNG AGENCIES--If you meet widl one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for tilirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer creditcouns eling agencies for the counoy in which the property is located are set forth a t the end of this Notice. It is only neces s a ry to schedule one fa ce-to-face meeting. Advis e your lender immediately of your intentions. AP PLICATION FOR MORTGAGE AS S IS TANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infolll1ation about the natl.lre of your default.) If you have nied and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Ass is tance Program Application with one of the designated consumer creditcouns eling agencies listed atthe end of this Notice. Only cons umer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your a pplication MUS T be filed or postmarked within thirty (30) days ofyourface-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTF OLLOW THE OTHER TIME PERIODS SET FORTH INTHIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by tile Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. DUling that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Ass istance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring itup to date). NATURE OF THE DEFAUL T--The MORTGAGE debt held by tile above lender on your property loca ted at: 1434 Three S qua re Hollow, Newburg, P A 17240 IS SERIOUS L Y IN DEF AUL T becaus e: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for tlle following months and the following amounts are now past due: November, December of 2003 and January and Febn.lalY of 2004 in the amount of $3,559.68 and Late charges in the amount of $100.00 for a tota I of $3,559.68 Qljlercharges (explainAtemize): Title search $100.00 Attomey fee $ 50.00 TOTAL AMOUNT PAST DUE: $3,709.68 HOW TO CURE THE DEFAUL T--You may cure the default within THIRTY (30) DAYS of the date of tllis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,709.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mustbe made either by cash, cashier's check, certified check or money order made payable and sent to: M&T Bank, 1100 Wehrle Drive, 2nd Floor, Willaimsville, NY 14221, Attn: Alicia Oliver IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY(30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means thatthe entire outstanding balance of this debtwill be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIR TY (30) DAYS, the lender als 0 intends to instruct its attomeys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOS ED UPON--The mortgaged property will be sold by the Sheriff to payoff the mortgage debt If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay tile reasonable attomey's fees that were acwally incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees acwally incurred by the lender even if they exceed $50.00. hty attomey's fees will be added to the amount you owe the lender, which may also include odler reas onable cos ts. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay a ttomey's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLlES T P OS SIBLE SHERIFF'S SALE DATE--It is estimated tilat the earlies t date that such a S heliffs 5 ale of the mortgaged property could be held would be approximately 3 months after the da te of this Notice. A notice of the acwa I da te of The Sheriff's 5 a Ie will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required paymentor action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: I'1&T Bank Address: 1100Wehrte Drive,2nd Floor, Williamsville, NY 14221 Phone Number: 716-63()'4924 Contact Pers on: Alicia Oliver EFFECT OF S HE RIFF'S SALEuYou should realize thata Sheriffs S ale will end your owners hip of the mortga ged property a nd your right to occupy it. If you continue to live in the property a fter the Sheriffs S a Ie, a laws uitto remove you a nd your fumis hings a nd other belongings could be started by dle lenderatanytime. AS S UMPTION OF MORTGAGE--You ____ mayor ]___ may not (CHECK ONE) sell or trans fer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outs tanding payments, cha rges and attomey's fees and cos ts are pa id priorto or at the s a Ie a nd that dle odlerrequirements of the mortgage are s a tis fled. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHE R LENDING INS TITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSlTlONAS IF NO DEFAULT HAD OCCURRED,IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TOASSERT THE NONEXISTENCE OF ADEFAUL T IN ANY FORECLOS URE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TOASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TOSUCHACTIONBYTHE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg, PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR A Copy OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSO;-UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TODOSO. Vety truly yours, BERNSTEIN LAW FIRM, P.c. Jeanne A Ni en, aralegal DIRECT DIAL: (412) 456-8111 BERNSTEIN FILE NO FOO30096 -'--, BERNSTEIN LAW FIRM. P.C. MARLENE J. BERNSTEIN (PA. FL) CHARLES E. BOBINIS (PA, WV) JON A. MCKECHNIE (PA) EOWARD G. WEHRENBERG (PA) :..~S.PH J. BERNSTEIN (PA. FU ROBERl'S. BERNSTEIN (PA. FL. WV, NY) N1CHOLAS D. KRAWEC (PA. NC, OH) LORI fl:::'"G I t:\:.::.UI'l WAI (STATES OF ADMISSION) TRADITION' TE.CHNOLOGY . TALENT SUITE 2200 GULF TOWER. PllTSBURGH, PENNSYLVANIA 15219 1-800-927-3197 412"456-8100 FAX 412-456-8135 WWW.BERNSTE:INLAW.COMMAIL@8ERNSTEINLAW.COM Barbara K.Starliper 1434 Three Square Hollow Newburg, P A 17240 February 20,2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific infonnation about the nawre of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Cons umerCreditCouns eling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal infonnation. If you have any ques tions, representatives at the Cons umer Credit Couns eling Agency may be able to help explain it You may also want to contact an attomey in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAClON OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ME NC IONAD 0 ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PR(X;RAM" EL CUAL PUEDE SALVAR SU CASADE LAPERDIDADEL DERECHOAREDIMlR SUHIPOTECA EXH I BIT ~ PAGE I OF (0 PAGES HOMEOWNER'S NAME(S): Barbara K. Starliper PROPERTY ADDRESS: 1434 Three Square Hollow, Newburg, PA 17240 LOAN ACCT. NO. 88296730001 ORIGINAL LENDER Keystone Financial Bank, NA CURRENT LENDERISERVlCER M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE AREASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS E S TAB LIS HE D BY THE PE NNS YL VANIA HOUS ING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS URE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of tilis Notice. During that time you mus t a rrange and attend a "face-to-face" meeting with one of the cons umer credit couns eling agencies listed at the end of this Notice. THIS MEETING MUS T OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer credit couns eling agency lis ted at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of des igna ted cons umer credit couns eling agencies for the country in which tile property is located are set forth a t the end of this Notice. It is only neces s ary to schedule one face-to-face meeting. Advis e your lender immediately of your intentions. AP PLICATION FOR MORTGAGE AS S IS T ANCE--Your mortgage is in default for the reasons set forth later in tilis Notice (see following pages for specific information about tile narure of your c1efault.) If you have oied and are unable to resolve this problem Witil the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Ass is tance Program Applica tion with one of the des ignated cons umer creditcouns eling agencies lis ted at the end of this Notice. O1ly consumer credit couns eling agencies have applications for the program and they will ass ist you in submitting a complete application to the Pennsylvania Hous ing Finance Agency. Your application MUST be filed or posonarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOTFOLLOW THE OTHER TIME PERIODS SET FORTH INTHIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGE NCY ACTION--Available funds for emergency mortgage assis tance are very limited. They will be disbursed by the Agency under the eligibility criteria established by tile Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. DLlling that time, no foreclosure proceedings will be pursued against YOLl if you have met the time requirements set forth above. You will be notified directiy by the Pennsylvania Housing Finance i\gency of its decis ion on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring itup to date). NATURE OF THE DEFAUL T--The MORTGAGE debt held by the above lender on your property located at: 1434 Three S quare Hollow, Newburg, P A 17240 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for tile following months ,lnd tile following amounts are now past due: November, December of 2003 and January and ': e brua IY of 2004 in tile amount of $3,559.68 and La te cha rges in tile a mount of $100.00 for a tota I of $3,559.68 Odlercharges (explainAremize): Titie search $100.00 Attomey fee $ 50.00 TOTAL AMOUNT PAST DUE: $3,709.68 HOW TO CURE THE DEFAUL T--You may cure the default within THIRTY (30) DAYS of the date of dlis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,709.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mustbe made eitherby cash, cashier's check, certified check or money order made payable and s entto: M&T Ba nk, 1100 Wehrle Drive, 2nd Floor, Willa ims ville, NY 14221,Atm: Alicia Oliver IF YOU DO NOT CURE THE DEF AUL T--If you do not cure the default within THIRTY (30) DAYS ofdle date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means thatthe entire outstanding balance of this debt will be cons idered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender a Is 0 intends to ins O1Ict its attomeys to startlegal action to foreclose upon your mortgaged property. iF THE MORTGAGE IS FORECLOS ED UPON--The mortgaged property will be sold by the Sheriff to payoff tile mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins lega I proceedings a gains t you, you will s till be required to pay tile reasonable attomey's fees that were acwally incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees acwally incurred by dle lender even if they exceed $50.00. Any attomey's fees will be added to the a mount you owe the lender, which may a Is 0 include other reas ona ble cos ts. If you cure the default within tile THIRTY (30) DAYS period, you will not be required to pay a ttomey's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for tile unpaid principal balance and all othersums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the s a Ie a t a ny time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected Witil the Sheriffs S a Ie as specified in writing by the lender a nd by performing a ny other requirements under the mortgage. Curing your default in the manner set forth in this notice will res tore your mortgage to the s a me pos ition as if you ha d never defa ulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--Itis estimated tilattile earliest date thatsuch a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. Anotice of the acwal date of The Sheriffs Sale will be sentto you before the sale. Ofcourse, the amountneeded to cure the default will increase the longer you wait. You may find out a t a ny time exactiy wha t the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: l100Wehrle Drive, 2nd Floor, Williamsville, NY 14221 Phone Number: 716-630-4924 Contact Person: Alicia Oliver EFFECT OF S HE RIFF'S S ALE--You should realize thata Sheriff's S ale will end your owne rs hip of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs S a Ie, a laws uitto remove you and your fumis hings a nd other belongings could be started by dl.e lender at any time. AS S UMPTION OF MORTGAGE--You mayor ]___ may not (CHECK ONE) sell or transfer your home to a buyer or trans feree who will assume the mortgage debt, provided that all the outs ta nding pa yments, cha rges a nd a ttomey's fees and cos ts are pa id prior to or a t the s a Ie and tha t the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TOSELL THE PROPERTY TO OBTAIN MONEY TOPAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHE R LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TOTHE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TOCURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TOASSERT THE NONEXISTENCE OF ADEFAUL T IN ANY FORECLOS URE PROCEEDING OR ANY OTHER LAWS UIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TOASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TOSUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. , " . CONS UMER CREDIT COUNS ELlNG AGENCIES S ERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg,PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE US ED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR ACOPY OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSo;UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROMTHE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very trUly yours, BERNSTEIN LAW FIRM, ~..~~ eanne A Nic n, Paralegal DIRECT DIAL: (412) 456-8111 BERNS TEIN FILE NO FOO30096 BERNSTEIN LA W FIR 1v1, P. C. M/-',RLENE J. BERNSTEIN (PA, FU O-lARLES E. BOBINIS (PA. WV) JON A. McKECHNIE (PA) EOWARD G, WEHRENBERG (PA) 'Jo~;E1:;'H'l BERNSTEIN (PA. FU ROBERT S. BERNSTEIN (PA. FL, WV. NY) NICHOLAS D. KRAWEC (Pl\, NC. OH) LORIA. blt::l:::'UI'l WAJ (STATES OF ADMISSION) TRADITiON. TECHNO'mOC;v . TALt:tH SUITE 2200 GULF TOWER. P1TISBURGH. PENNSYLVANIA 15219 1-800-927-3197412-456-8100 FAX412-456-8135 WWW_BERNSTEINLAW.COM MAl L@BERNSTEI N LAW ,COM Barbara K. Starliper 225 Lindsay Lot Road Shippensburg, P A 17257 February 20, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and tile lender intends to foreclose. Specific infol11lation aboutthe nawre of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PRCXiRAM (HEMAP) may be able to help to save your home. This Notice expla ins how the progra m works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone numberofConsumerCreditCounseling Agencies serving your County are listed at tile end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869), This Notice contains important legal infol11lation. If you have any questions, representatives atthe Cons umer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area, The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR V1V1ENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENClA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO ME NC IONAD 0 ARRIBA, PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PRCXiRAM" EL CUAL PUEDE SALVAR SU CASADE LAPERDIDADEL DERECHOAREDIMIR SU HIPOTECA PAGE EXHIBIT ~ , OF f, PAGES HOME OW NE R'S NAME (S): Barba ra K. S ta rlipe r PROPERTY ADDRESS: 1434 Three Square Hollow, Newburg, PA 17240 LOAN ACCT. NO. 88296730001 ORIGINAL LENDER Keystone Financial Bank, NA CURRENT LENDERISERVICER M&T Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEF AUL T HAS BEEN CAUS ED BY CIRCUMS T ANCE S BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TOP AY YOUR MORTGAGE PAYMENTS,AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIAHOUSING FINANCE AGENCY. TE MP ORAR Y STAY OF FORECLOS URE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of tills Notice. Duling that time YOll mus t a rra nge a nd attend a "face-to-face" meeting with one of the cons umer credit couns eling agencies listed at the end of this Notice. THIS MEETING MUS T OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENClES--lfyou meet with one of the consumer credit couns eling agency lis ted at the end of this notice, the lender may NOT take action agains t you for \hilly (30) days after the date of this meeting. The names, addresses and telephone numbers of des ignated cons umer creditcouns eling agencies for the counoy in which tile property is loca ted are set forth a t the end of this Notice. It is only neces s a ry to schedule one face-to-face meeting. Advis e your lender immediately of your intentions. APP L1CATlON FOR MORTGAGE AS S IS T ANCE--Your mortgage is in default for the reasons set forth later in tills Notice (see following pages for specific infonnation about the nature of your default) If you have oied and are unable to resolve this problem with tile lender, you have the right to apply for financial ass istance from the Homeowner's Emergency Mortgage Ass is tance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Ass is tance Program Application with one of the des ignated cons umer credit couns eling agencies lis ted at the end of this Notice. OIly consumer credit counseling agencies have applications for the program and they will ass ist you in submitting a complete application to the Pennsylvania Hous ing Finance Agency. Your application MUS T be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH INTHIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. Theywill be disbursed by the Agency under the eligibility criteria established by tile Act The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. DUling tila t time, no foreclos ure proceedings will be purs ued a ga ins t you if you have met the time requirements set forth above. You will be notified directiy by tile Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can s till apply for Emergency Mortgage Ass is tance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring itup to date). NATURE OF THE DEF AUL T--The MORTGAGE debt held by the above lender on your property loca ted at: 1434 Three S qua re Hollow, Newburg, P A 17240 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: November, December of 2003 and January and Febl1.lalY of 2004 in tile amount of $3,559.68 and Late charges in tile amount of $100.00 for a tota I of $3,559.68 Otln:rcharges (explainAtemize): Title search $100.00 Attomey fee $ 50.00 TOTAL AMOUNT PAST DUE: $3,709.68 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of tllis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,709.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments mustbe made eitherbycash, cashier's check, certified check or money order made payable and s em to: M&T Bank, 1100 Wehrle Drive, 2nd Floor, Willaimsville, NY 14221, Ann: Alicia Oliver IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of tile date of this Notice, the lender intends to exercise its lights to accelerate the mortgage debt This means thatthe entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the tOt] I amount pas t due is not made within THIRTY (30) DAYS, the lender a Iso intends to insU1lct its auomeys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOS ED UPON--The mortgaged property will be sold by the Sheriff to payoff tIle mortgage debt If the lender refer.; your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attomey's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees will be added to the amount you owe tIle lender, which may also include otherreasonable cos ts. If you cure the default within tIle THIRTY (30) DAYS period, you will not be required to pay auomey's fees. OTHER LENDER REMEDIES--The lender may also sue you per.;onally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the light to cure tIle default and prevent the sale at any time up to one hour before the Sheriffs Sale. Y OLl ma y do so by paying the tota I amount then past due, plus any la te or otIler cha rges tIlen due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected witIl tile Sheriffs Sale as specified in writing by the lender and by perfonning any other requirements under tIle mortgage. Curing your default in tile manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-.ltis estimated that the earliest date thatsuch a Sheliffs Sale of the mortgaged property could be held would be approximately 3 months after the date of this Notice. A notice of the actua I date of The S henffs S a Ie will be sent to you before the sale. Of cour.;e, the amount needed to cure the defaultwill increase tIle longer you wait You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M&T Bank Address: 1100Wehrle Drive,2nd Floor, Williamsville, NY 14221 Phone Number: 716-630-4924 Contact Person: Alicia Oliver EFFECT OF S HE RIFF'S SALE--You should realize thata Sheriff's S ale will end your owners hip of the mortgaged property and your right to occupy it If you continue to live in the property after the Sheriff's S a Ie, a laws uit to remove you and your fumis hings and odler belongings could be started by the lender atany time. ASSUMPTION OF MORTGAGEnYou mayor ]___ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all tile outstanding payments, charges and attomey's fees and costs are paid priorto oratthe sale and that the otherrequirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TOSELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBTOR TO BORROW MONEY FROM ANOTHE R LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD CX:CURRED,IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TOASSERT THE NONEXISTENCE OF ADEFAUL T IN ANY FORECLOSURE PRCX:EEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DCX:UMENTS, TOASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TOSUCHACTIONBYTHE LENDER. TO SEEK P ROTE CTION UND E R THE FED E RAL B ANKR UPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES S ERVING YOUR COUNTY CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Limited 117 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 N. Front Street Harrisburg,PA 17101 (717) 234-5925 FAX #(717) 232-4985 YWCA of Carlisle ]01 G Street Carlisle, P A 17013 (717) 243-3818 FAX #(717) 243-3948 NOTICE THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS LAW FIRM WILL PRESUME THIS DEBT TO BE VALID UNLESS YOU DISPUTE THE VALIDITY OF ALL OR ANY PART OF IT WITHIN 30 DAYS OF RECEIPT OF THIS LETTER. IF YOU NOTIFY US IN WRITING THAT YOU DISPUTE ALL OR A PORTION OF THIS DEBT, WE WILL OBTAIN AND SEND TO YOU VERIFICATION OF THE DEBT OR ACa>Y OF ANY JUDGMENT AGAINST YOU ARISING OUT OF THIS DEBT. ALSC),"'UPON WRITTEN REQUEST WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROMTHE CREDITOR NAMED ABOVE. WE RESERVE RIGHT TO TAKE LEGAL ACTION WITHIN THE 30 DAY VALIDATION PERIOD IF OUR CLIENT INSTRUCTS US TO DO SO. Very truly yours, BERNSTEIN LAW FJRM, P.c. ~~hO ,Paralegal DIRECT DIAL: (412) 456-8111 BERNS TEIN FILE NO FOO30096 On. p..e. ~;:;YA:' 'dd"'C:' ~p.fI.. LiP ~ 1.f34 71.,tlt.e.1& ..sc.> O...U --lh~ ,Jt!.w6lJ~~ -:rA /1iJ.40' .. - U.S. POSTAL SERVICE CERTIFICATE OF MAILING MA Y BE USED FDA DOMESTIC AND INTEANA llQNAL MAIL, DOES NOT PROVIDE FDA INSUAANCE-:OS:M~,~:E~,:",i.' F:::. Received FromBernstelrt ~~.'''' ~ < ' ,_,~ Suite 2200 Gull IJ/. 1 ~~~t~~~r5g~~8~'~~ 1~[ , PS For'" 3817, Mar. 1989 roo .300 'It, ..:J Received From: \ Bernstein Law Firm, P.c. S 't 220U Gulf TUWCI Ule "'\9 p,ttsburgi1, PA 1::>_ (412) 456-8100 -~ .' U,$, POSTAL SERVICE CERTIFICATE OF MAILING MA. Y BE USED FOR DOMESTIC AND rNTERNA TIONAl MAIL, ODES NOT PROVIDE FOR INSURANCE-POSTMASTER One piece of ordinary mail addressed to: PS For'" 3817. Mar. 1989 r(Jo.3ulJ '/<.. t"l=l~I.I=l:IoII{'I'~I:I.",:a':/~"'~':{,*'I'N_I""''':I.''''''''~'''~':{''''oJ.'..,....,...",,"... . Complete items 1,2,and 3. Also complete ~. Signature " I item 4~' Restricted Delivery is desired. 0 Agent . Print y r name and address on the reverse X , "~D Addressee ( .sothat ~canreturnthecardtoyou.. ~;Rec' eivedby(.PrintedNatiJe) le.Dateaf,Deliva! , . Attach hiS card to the back of the mallplece. '\... \. . I. -^ ? .., ~':''j>1Y I f oront efront if space permits. ... Q...\) \.......€'-\\l\t....C11 , &--~-<J. I , , . D. Is delivery address different fromrtem 1? 0 Yes I i 1. Article Addressed to. II VES t d II add "-, 0 N T en er every ress UO;llOW: 0 ~b-t.&" e." K. ~...e.1.1 p E...-L. ',. I ,4-~q.. ..--r,;Uc:. ~u..u.. I I "n-OlLwJ ' ~e:..\IJf)(j~ p". \rt.d..40 3.~::eMaU o ExpressMaUI o RegIstered 0 Return Rebeipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Detlvery? (Extra Fee) '2. Article Number v~.- 3110 ODDS 2642 8466 (rransfer from service lebel) 7 0 0 3 J ;1 :'., "jlll! I~l t I tt Jit!j PS Form 38~ 1( AugLbt 2m~1 j).l,.,i IbbMestic RJI~In'AJdeiP\;rO O~ 00<1('0 Dyes p: 102595-02-M-1540 ~rld <"~;.<,,,;'."-'" """:,:;":\;,':'; ""'i I , 3. ServioeTy~ c', ,> ',:-i':__>',:"~"',<"':, l Ill' Certlfled Moll [J ExprOSS,MoIl, " ,><, I o Registered 0 ~"'m Receipt fbrMEM'C\ulI1dlse i d Insured Moll 0 C.O.O. do 61 4. Restricted DellvOfY?, (Extts Fee) , 0 Ves : ;':i~~~'t<u,i,~i'~~:..~~:.!,::'~ 'IEE,O ,'I119, 2 SOOO O'I,d''I~ m~D.~~L'~TT,.",l0!'~~i~,ft.,:A,.,. ,! 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(~X~;OO',. .".:: ~,[].~S:~:,: ~;.:...:. i;~..t=:;:~~C 7[;", 03 3110 00[;5'-'2641 C'348"--"'_ , PS Form 3a(1.'JA~~U~';\Qcl.1;"*f I rl t:ic....,.c ~~I.'~ nedc'~i-1ttl:i.;i,.i("\!1I'~\~~~\';::':2'M:.i;..,.;i . . .... ,,;, ,",12:))>.",. ..,' 'QlX) 3'O'O''i t,;~,ot.:J"~'g':"":ioli ' ,- , ~'~.:-:".t>[f '.":\. .. ,,__ ":. :.: .>....:.:::'1:-:... J..~..._ .!.~. ....~ ;~.:~.~lj:r~~~. VERlFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities, that he\she is the Banking Officer for the Plaintiff herein, that he\she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his\her knowledge, information and belief. ~~ C- ~ ^________ PERI SARAC-FLIHAN BANKING OFFICER (Q (::) .J~ tt- 1i ~ f'l -- -t:: ..0 f"- a ~ ~ Q; ~ r ~ '-"l t''''") . ..~) (J c:.... ...~n ..J.:- . ..... :-r:- '--;1 " (~ , - ; --~~ l',,) t.~ 'j 8 SHERIFF'S RETURN - NOT FOUND CASE NO; 2004-01459 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND M & T BANK VS STARLIPER WILLIAM C ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARLIPER WILLIAM C but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , STARLIPER WILLIAM C 2225 LINDSAY LOT ROAD SHIPPENSBURG, PA 17257 LINDSAY LOT ROAD IS LOCATED IN FRANKLIN COUNTY. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 .00 5.00 10.00 .00 33.00 So ~ /__~,</-).. __---;;..~= . R. ;~:~~:::----- Sheriff of Cumberland County .-.'-:,> BERNSTEIN LAW FIRM 04/16/2004 Sworn and subscribed to before me this tu .;ll)~ day of ~ ,2~-'( A.D. C- }.yI, () ~ (#" p~Jflonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-01459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS STARLIPER WILLIAM C ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STARLIPER BARBARA K the DEFENDANT , at 1304:00 HOURS, on the 8th day of April , 2004 at 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to SHAUN TIEDT, BOYFRIEND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 6.00 13.80 .00 10.00 .00 29.80 r?'~~~ R. Thomas Kline 04/16/2004 BERNSTEIN LAW FIRM Sworn and Subscribed to before By: AJ eputy Sheriff me this .20 ~ day of O'fj_ ;2fJO'( _ A.D. (/1... Q fh.,.J.1,~ AON: ~thonotary ''''''r7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL Plaintiff(s) No. 04-1459 vs. PRAECIJ'E TO REINSTATE COMPLAINT WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant(s) FILED ON BEHALF OF Plaintiff( s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE P A ID#680 13 JON A. MCKECHNIE PA ID#36228 MARLENE 1. BERNSTEIN, ESQUIRE PA ID#43574 Bernstein Law Finn, P.c. Finn #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTE][N FILE NO. F0030096 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff 'Is. WILLIAM C STARLIPER AND BARBARA K STARLIPER Civil Action No. 04-1459 Defendant TO THE PROTHONOTARY: PRAECIPE TO REINSTATE COMI'LAINT Kindly reinstate the Complaint in the above-captioned matter. BERNSTEIN LAW FIRM, P.C. ~ ~~ Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 BERNSTEIN FILE NO. F0030096 () ~ -nl::C n: !_~_.~ ~".. ""1"- ...--...., (/) ,f',;, ~L, """'...- ~~f. , ~.C) )>-c: :;~ ~ ...., = = .z:- <- c:: .- I ...,J ~ -l :I:-n ~Eil 06 ::? -r~ (~:L 'c (") ::"-;:'10 o .n__' Co 0< ?i '-P. &"' -.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff(s) No. 04-1459 vs. PRAECIPE TO REINSTATE COMPLAINT WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant( s) FILED ON BEHALF OF Plaintiff( s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE PA ID#36268 DEBORAH R. ERBSTEIN, ESQUIRE PAID#86470 Bernstein Law Firm, P.e. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0030096 NOTICE TillS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ",.,:-!.o- M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Civil Action No. 04-1459 Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. BERNSTEIN LAW FIRM, P.c. HY.~~. Attom'eyTc;r PlaintJ Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 BERNSTEIN FILE NO. F0030096 "" = C':;;:) ...,.- ,,.. c.::: G') I <.D c., ~i :3 :J~:to ::t: o -T1 :r!..,., f"l"lf'=- en ]9 ~..) (:, ==-~~-~ ~;:(') ~?lrTl )> -J.J :.< '-P. N N (JJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS STARLIPER WILLIAM C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STARLIPER WILLIAM C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, pennsylvania, to serve the within COMPLAINT - MORT FORE On August 13th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 34.80 .00 71.80 08/13/2004 BERNSTEIN LAW So answ:p3-r /=:-:::.--? .<.~--~ ~/..:;;.~..-- ~. .... ----'.- o"{ _<~.;::;;-~ /._/' R. Thomas Kline /' Sheriff of Cumberland County FIRM Sworn and subscribed to before me this 3/-Ak day of O~ .l..(>()L( A.D. ~ h.,~. 0 h1.dLA-' ~ f' IProthonotary '-r-' " SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M 6< T BANK VS STARLIPER WILLIAM C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STARLIPER BARBARA K but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On August 13th , 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 6.00 .00 10.00 18.00 .00 34.00 08/13/2004 BERNSTEIN LAW So answ~... //:;:::-/.>' <;::::::___~. ,~. - --.? --:::.'..-::------/ ~ -. ."">" - -~~~-' R. Thomas Kline // Sheriff of Cumb~rland County FIRM Sworn and subscribed to before me this j}....,. day of ~ LL.4Y d.tJU'f A.D. el <IV Q /1..A~ ~. . f', Prothonotary 'f-' SHERIFF'S RETURN - REGULAR CASE NO: 2004-01459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M & T BANK VS STARLIPER WILLIAM C ET AL SGT. BARRY HORN Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon STARLIPER WILLIAM C DEFENDANT at 1542:00 HOURS, on the 5th day of August at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 WILLIAM STARLIPER by handing to the , 2004 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this 31~ day of ~u.-J- olJJ4.l '-/ A . D . l11<.j/t--<--o.~~. iJ:I!"'othonotary So Answers: .-:~(2~ ~'" -t'...~ -r~ R. Thomas Kline 08/13/2004 BERNSTEIN LAW~rMRM By: D SfLriff SHERIFF'S RETURN - NOT FOUND ~ , rv r.... "1 I~, ,-' '- J....,' t .' i ~~ ~ '-{ CASE NO: 2004-00177 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN M&T BANK ET AL VS WILLAIM C. STARTLIPER ET AL GUS ALEXIOU Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BARBARA L STARLIPER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS , NOT FOUND , as to the within named DEFENDANT , BARBARA L STARLIPER 2225 LINDSEY LOT ROAD SHIPPENSBURG, PA 17257 LIVES AT 1434 THREE SQUARE HOLLOW, HOPEWELL TOWNSHIP, CUMBERLAND CO. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 6.00 2.00 10.00 .00 18.00 ~ GUS ALEXIOU ROBERT WOLLYUNG, Sheriff BERNSTEIN LAW FIRM 07/23/2004 Sworn and subscribed to before me (~ ----;--{ this d3; day of ~VG ~) A.D., J' . \~ ~.lu:. '- .__ ~ (! d-e-V Notary ( \ \..._,' l No''''oIS",' Ril.:hard D. McCarty, Notary Public Chambersburg Boro, Franklin County ,MY Commission Expires Jan. 29, 2007 SHERIFF'S RETURN - NOT FOUND ~. c\ r<'.',~".~ < (', ~<:~ i"'..(. ...' " oLI- I '-I:;' '1 CASE NO: 2004-00177 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN M&T BANK ET AL VS WILLAIM C. STARTLIPER ET AL GUS ALEXIOU , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: WILLAIM C. STARLIPER but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT-MORT FORECLS , NOT FOUND , as to the within named DEFENDANT , WILLAIM C. STARLIPER 2225 LINDSEY LOT ROAD SHIPPENSBURG, PA LIVES IN CARLISLE AREA, ADDRESS UNKNOWN. Sheriff's Costs: Docketing Service Affidavit Surcharge Mileage 9.00 6.00 4.00 10.00 5.80 34.80 so~rs : GUS ALEXIO ROBERT WOLLYUNG, Sheriff BERNSTEIN LAW FIRM 07/23/2004 Sworn and subscribed to before me {d . ~ \. this c9:::; day of ~G ~~:.:-jo/ . r -Notary Notarial Seal Ri"hard D. McCarty, Notary Public Ch~nbersbuq; Boro, Franklin County My Commission Expires Jan. 29, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff No. 04-1459 vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE, ESQUIRE P A ID#36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID#86470 Bernstein Law Firm, P.c. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. F0030096 NOTICE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 ~ 0 c C::> ~ ..r;.- -11 -". --I -.- 0 :r:: ~ n'if? I'\.) -og -1) 1.0 'iE'"f" ,-;r-:" r} :;] ::::c: :""0 - ()I'n ---I 01 ,b .;0 OJ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants PRAECIPE FOR JUDGMENT To the Prothonotary: Kindly enter Judgment against the defendants above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $82,329.63 continuing late charges, escrow and corporate advances and interest at the rate of 8.490% per annum on the declining balance computed as follows: Amount claimed in Complaint Interest from 4/16/04 through 11/19/04 Late charges from 4/16/04 through 11/19/04 $78,200.82 $ 3,947.23 $ 181.58 - $81,329.63 { ~ 1..'~ )Yf,v.s I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA RC,P. 237.1 on the dates indicated on the Notices. TOTAL BERNSTEIN LAW FIRM, P.C. By:/I/bhl._AA ()~ Atto~y f~r~i;Jf Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 Plaintiff: c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 2225 Lindsay Lot Road, Shippensburg, PA 17240 and 1434 Three Square Hollow, Newburg, PA 17240 o c. ;;?= I,~ iI ~; =<1 ~ ~ ..t;;- o 'T1 :;J Ri:tl r- ,;]39 ~ <::> :;:r:::;:, 9('5 (jl"iI ,_., )::.. ::D --< ~ c::> ""'= "" \..0 ~ ~, - - (J1 Ol IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL Plaintiff vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants Civil Action No. 04-1459 NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee Your are hereby notified that the following Order or Judgment was . i entered against you on Il- J-q - b '1. (xx) Assumpsit Judgment in the amount of$82,329.63 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. WILLIAM C. STARLIPER 2225 LINDSAY LOT ROAD SHIPPENSBURG, P A 17240 ( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, P A. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X)Default ( ) Verdict ( ) Arbitration Award proth~ (J ') ~~~TII0NOTARY~~ ~ ('1'11 i u_ . I " '''../1 -', r--.) c.:.:;:) 5:2 f3 "'!:iI("": o ""n :-1 di "':! -0 r.n -:-1J l~) () (1) 5~~ \.j ~~5. -, f",,) I,f.) Cl1 en IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL Plaintiff vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants Civil Action No. 04-1459 NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee Your are hereby notified that the following ~rder or Judgment was If entered agamst you on It, cX-f - 0 1 . (xx) Assumpsit Judgment in the amount of $82,329.63 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. BARBARA K. STARLIPER 1434 THREE SQUARE HOLLOW NEWBURG, PA 17240 ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, P A. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Verdict ( ) Arbitration A ward Proth/)otary ~ ,J ~ By: ~-~ f\ PROTHONOTARY(Oh~'[fi;T ~ (') c:.: }~ ., ' ",0-, ; ;'0 ,1 C- I'.) = C;;;;) .r.- 7 a ..q;;: o -n ..... :.C "T'l rnp' ""t')m :r,CJ ',.) (1 :-l..r C-rI ~('5 (51""1"1 -'-1 dOl. ..0 -< N \.D > :,:r: Ul (T\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants IMPORT ANT NOTICE TO: WILLIAM C STARLIPER 2225 LIND SA Y LOT ROAD SHIPPENSBURG, P A 17240 Date of Notice: October 26, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: LA WYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (1-800) 990-9108 Bernstein Law Firm, P.c. By: /s/ Jon A. McKechnie, Esquire Jon A. McKechnie Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PAl 52 1 9 (412) 456-8100 (') '""" 0 c:;:) C C;) 11 <~ J:.- -[1':):: 2: ....... rlffl: C-"') :C ::n """,;;.0 ..~. I ...:;;; nlf.- 2:~"" l" -0 ri? ::~) /. :QC \.0 () ( , ~J~) =ri -of; ;l::1JO ;-~: "'1'J -,-,- \,.:(') -j,I",. ::s rn J> (~:: --I ~ c.n ;:1'" ..0 a' -<. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV;\f\IA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant IMPORTANT NOTICE TO: BARBARA K. STARLIPER 1434 Three Square Hollow Newburg, P A 17240 Date of Notice: August 26, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE C< !lJRT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOI J ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTLRED 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 VOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI-IlS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOl) WITI r INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlCilBL[ PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty A venue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 Bernstein Law Firm. P.c. By: /s/ Marlene J. Bernstein, Esquire Marlene J. Bernstein Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 0 /"0",) 0 = C'. = -I") .,. ..::.- ;~: i ::z --I : , I C,J :1: :n I .....,;: nl,. -7'r__ "', -om b~ ~):. :06 .. 1..0 ~~ . r"'-(.: "':[; :n ,):::0. ., :"r: (..,) ("5 {.~.~. .r" TI") ~;'~ :?: :Ic" :.:J UI .~.J .... Ol -< VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. ~f~ r--.,) ~ 0 ~~ = ~ ...r::- "n Z :I!lj 0 ......: rn- f'o-' ""'Of; ~ :00 ~ \.P 06 . -,4 - ~ ::- -~.. (~,...) ~ ::1:~H -.J CJ :;:r: 1~'=2 () ~ 5~~ (3rn 0 ---I ~ __oj en ~ ~ -c U"l -< (5 't--' ............ ..-..... \ ~ ~ \) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff V5. Civil Action No, 04-1459 PRAECIPE fOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE WILLIAM C STARLlPERAND BARBARA K STARLIPER Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: CERTIFICATE OF ADDRESS: ]434 THREE SQUARE HOLLOW HOPEWELL TOWNSHIP PARCEL NO. #11-06-0041 LORI A. GIBSON. ESQ. PA!.D. #68013 .JON MCKECHNIE. ESQ. PA I.D. #36268 Bernstein Law Firm P.c. Finn #718 2200 Gulf Tower Pittsburgh. P A ] 52] <) 4] 2-456-8! 00 BERNSTEIN FILE NO. F0030096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANiA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK. N.A. Plaintiff vs. Civil Action No, 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants To the Prothonotary: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... i. directed to the Sheriff of CUMBERLAND County: 2. against WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant: 3. JUDGMENT $82.329.63 Interest from 11/20/04 to 917/5: Late charges from 11120/04 to 917/05: $ 5.311.48 $ 233.46 SUBTOTAL: $87,874,57 Costs (to be added by Prothonotary): $ Date: 1-//'1 /0 .--- BERNSTEIN LAW FIRM.P.C. By: ~Ilv\.. \~ C\c..,,,-,, ~L ' Attorney i"()r Plaintims) 2200 Gulf Tower Pittsburgh. P A 15219 BERNSTEIN FILE NO. F0030096 rcJ ~ ~-.:- r C) <: :~') . . ~ ~- ;:...... -'(--1 (0 '-_1'"1 ~ ?J :::-;1 ~ ~ --oV't w ~ ~ -kc ,-:;j ~ ~ --- , ~ -G. r >v . tr) 6" ..c: - ..() tv :t ,'-,.1 I"-' t -.. ~ Vj C' <0 () () ~ (> C> \) --- W Crj \) C C> C> C> \) \) \) \J r- w C- D \ I } . " W '\;> I ! p-rj l ~ ~ --' - ::. f"':' (0 ^ ~p: ..t\ fJ ~ :: - ::. '" " C'- - ::- ~ / '-I- , - - " ~ ~ :.~b ~ ~ ^ t1 'fI-F- .~ ~ ,--.. , - ._..-_..----~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C. Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.1. BEGINNING at a post in Township Route 379, at comer oflands now or formerly of M. M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oal, stump; thence North 51 degrees 30 minutes West, 453.75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated May 29,1970 by Thomas A Neff, R.S. TRACT NO.2. BEGINNING at a point in the centerline of Township Road 379 at comer of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 minutes 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds East, 28.33 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey dated August 9, 1982 by John R. Kissinger. BEING lot No.3 in the Plan of Lots of Robert F. Saphore recorded in Plan Book 42, at Page 95. TAX PARCEL NO. 11-06-0041 BEING the same property which Barbara K. Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188, Page 210, granted and conveyed to Barbara K. Starliper and William C. Starliper. Judgment was recovered in the COUli of Common Pleas of CUMBERLAND, Civil Action, as of No. 04-1459, seized and taken in execution as the property of WILLIAM C STARLIPER AND BARBARA K STARLIPER at the suit ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~~~'(.\.l~ _ ' Attorney for Plaml1ff WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1459 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M& T Bank, successor in interest to Keystone Financial Bank Plaintiff (5) From William C. Starliper and Barbara K. Starliper (I) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARN1SHEE(S) as follows: and to notify the gamishee(s) that: (aJ an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$82,329.63 L.L.$.50 Interest from 11/20/04 to 9/7/5 $5,311.48 Atty's Comm % Due Prothy $1.00 Atty Paid $266.60 Other CostsLate charges from 11/20/04 to 9/7/05 $233.46 Plaintiff Paid Date: April 22, 2005 CURTIS R. LONG (Seal) Prothonotary By: '1f'dr0...- r.>>t$.1. Deputy 9f REQUESTING PARTY: Name Jon McKechnie, Esq. Address: Bernstein Law Firm P.C. 2200 Gulf Tower, Pittsburgh, PA 15219 Attorney for: Plaintiff Telephone: 412-456-8100 Supreme Court ID No. 36268 , IN n~E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.I'FNNSYLV/d-':IA CIVIL DIVISION M&T BANK. successor in interest to KEYSTONE FINANCIAL BANK. N.A. Plaintilf vs. Civil Action N(1, 04-1459 AFFlOA VIT 01 COMI'LlAN( 1 WITH ACT 91 WILLIAM C STARLIPER AND BARBARA K STARLIPER Dei'endant FILED ON BEl I/\I.F OF Plainti tf COUNSEL OF REO JRD F( W. TIfIS PARTY: LORI A, GIBSON. FSQ, PA [J), #68013 .ION MCKECHNIE. ESQ. PA LD, #:i6268 Bernstein Law Firm. 1>,(', Firm #718 2200 (iu!I'T(1wcr Pittsburgh. 1'/\ 1521" 412-456-8100 DIRECT D];\L (412) 456-811 J BERNSTEIN F'ILE NO. F0030096 1IIIIIIl. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY I'I:N'\J5YLV/\~IA crVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK. NA Plaintiff vs. Civil Action No. 04-145'! WILLIAM C 5T ARLlPER AND BARBARA K STARLIPER Defendants AFFIDA VIT OF COMPLIANCE WITH ACT () I COMMONWEALTH OF PENN5YL VANIA ) (S5: COUNTY OF ALLEGHENY ) Bd()re me, the undersigned authority, personally appeared Jon A. Mcl(cchnie. hquire. who, being duly sworn according to law, deposes and says that: I. He is the attorney for the Plaintiff: -, That we have complied with the terms of House Bill 500 which requires the sClldillg of Act 91 Notices. ~ \"\ ~\l~",="_ "=~__ Sworn to and subscribed before me this jCiU day o /\/,j, 2005 I . L- t:L \,,< .-t'i-L/L.--' ublic COMMONWEALTH OF PENNSYLVANIA Notanal Seal Cheryl A. Bauer. Notary Public City Of Pil1sbUr(Jh. Alle;)heny County My Commission Explres July 22. 2008 Member. Pennsylvania Association Of Notaries .--) <6 .~fl :;:;:''1 :~ ~n p) r",) - r":" ..-------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. ['!cNNSYLV Ai\'IA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANC1AL BANK, NA I'laintiff \is. Civil Action No. 04-145') AFFIDAVIT PURSUANT TORULE3129.1 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants fOILED ON BrIL\U OF Plaintitr COUNSEL OF RECORD FOR TI-IIS PARTY: LORI A. CimSON, ESQ. PA LD. #68013 JON MCKECIINIE. ISQ. i'A LD. #36268 l~ernstein Law Finn, I'.C. Firm #718 2200 (iul r lower Pittsburgh, Pi\ 1521') 412-456-8100 DIRECT DiAL (4] 2) 456-811 I BERNSTEIN FILE "i0, Fon3H096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK. NA Plaintiff vs. Civil Action No. 04-]459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 M&T BANK, Plaintiff in the above action, sets forth as of the date thc Praecipe for thc Writ of Execution was tiled the following information conceming the real propcrty locatcd at 1434 Three Squarc Hollow, Newburg, P A 17240 (see Deed description attached): 1. Name and address of owner(s) or reputed owner(s): WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 BARBARA K STARLIPER 1434 Three Square Hollow Newburg PA 17240 2. Nanle and address of Defendant(s) in the judgment: WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 BARBARA K STARLIPER 1434 Three Square Hollow Newburg PA 17240 3. Namc and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: M & T Bank c/o Bernstein Law Firm, P.c. 2200 Gulf Tower Pittsburgh, PA ] 5219 4. Name and address of the last recorded holder of every mortgage of rccord: M & T Bank c/o Bernstein Law Firm, P.c. 2200 CiulfTower Pittsburgh, P A 15219 Underground Storagc Tank Indemnification Board C/o Pennsylvania Dept oflnsurance 901 N. 7'h Street Harrisburg, P A 17] 02 Manufacturers and Traders Trust Company 1M & T Plaza Buffalo, NY 14240 5. Namc and address of every other person who has any rccord lien on thcir property: Unknown 6. Name and address of every other pcrson who has any record intercst in the property and whose interest may be affected by the salc: Unknown 7. Name and address of every other person of whom the PIaintiiT has knowledge who has any intcrest in thc property which may bc alfected by thc sale: Ctill1berland County Tax Claim Bureau Courthouse. One Courthouse Square Carlisle, P A 17013 Hopewell Township 415 Three Square Hollow Road Newburg, I'A 17240 Shippensburg Area School District 317 N. Morris Street Shippen burg, PA 17257 Child SUpp0l1 Enforcement Agency P.O. Box 320 Carlisle, PA 17013 I verily that the statements made in this Affidavit are true and correct to the best 01' my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pi\. c.S. Section 4904 relating to unsworn Ialsification to authorities. Date ~/,\}J\5-\~...;vL Attorney for Plaintiff NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE liSED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs. Civil Action No, 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C. Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, I. BEGINNING at a post in Township Route 379, at comer oflands now or formerly of M, M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West, 453.75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated May 29, 1970 by Thomas A Neff, R,S, TRACT NO.2, BEGINNING at a point in the centerline of Township Road 379 at corner of lands now or formerly of Billy p, Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 minutes 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly ofHrbacek, South 32 degrees 53 minutes 0 seconds East, 28.33 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey dated August 9, 1982 by John R. Kissinger. BEING lot No.3 in the Plan of Lots of Robert F. Saphore recorded in Plan Book 42, at Page 95. TAX PARCEL NO. 11-06-0041 BEING the same property which Barbara K. Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188, Page 210, granted and conveyed to Barbara K. Starliper and William C. Starliper. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 04-1459, seized and taken in execution as the property of WILLIAM C STARLIPER AND BARBARA K STARLIPER at the suit ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~\M-~'C~~ _' Attorney for Plaintiff .. c~ (" .'.,) t'..~; ...-\ ;.' \-, (',,) - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK. N.i\. Plaintiff vs, Civil Action No. 04-] 459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Delendants NOTICE TO DEFENDANTS TO: WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, PA 17240 Your house at 1434 Three Square Hollow, Newburg, PA 17240, is schedulcd to bc sold at Sheriff's Sale on September 7, 2005 at 10:00 A.M, in the Cumberland County Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment of $82,329,63 obtained by M & T Bank. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediatc action: 1. The Sale will be cancelled if you pay to M & T Bank the back paymcnts, late chargcs costs and reasonable attorneys tees due. To tind out how much you must pay, you may call Bernstein Law Fiml, p,c. at 412-456-8100. 2. You may be able to stop the sale by tiling a Petition asking the Court to strike or "pen the Judgment, if the Judgment was improperly entered. You may also ask the Court to postponc the sale for good cause, 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooncr 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 I. IF the Sheriff's Sale is not stopped, your property will be sold to the highest h;clclcr. You may find out the price bid by calling (4]2) 456-8100. 2. You may be able to petition the Court to set aside the Sale if the bid priee was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer pays the Sherijf the hill amount due in the Sale. To find out if this has happened you may eall (412) 456-81 00. 4. If the amount due from the buyer is not paid to the Sherifl~ 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 tbe Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proeeedin.~s to evict you. 6. You may be entitled to a share of the money which was paid I(\r your Imllse. /\ Schedule of Distribution of the money bid tor your house will be tiled by the Sheriff within thirty (30) days of the sale date. This Schedule will statc who will be rcceiving that money. Thc money will be paid out in accordance with this Schedule unless exceptions (reasons why tbe proposed Distribution is wrong) are filed with the Sheriff within tcn (10) days aftcr the datc on which thc Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways or getting your house back. if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCI. IF YOl DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HlRfNG A I~AWYFR. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TlIAT MAY OITFR LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FIT. CUMBERLAND COUNTY BAR ASSOCIATION Two Libertv Avenue Carlisle, P A 17013 Telephone: 717-249-3166 (1-800) 990-9108 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P1JRPOSE. BERNSTEIN LAW FIRM, P.c. 2200 GlIlfTower PITTSBURGH, P A ] 52 J 9 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C. Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township, Cwnberland County, Pennsylvania, bounded and described as follows: TRACT NO.1, BEGINNING at a post in Township Route 379, at comer of lands now or formerly of M. M, Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oak stwnp; thence North 51 degrees 30 minufes West, 453.75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated May 29,1970 by Thomas A. Neff, R.S. TRACT NO.2, BEGINNING at a point in the centerline of Township Road 379 at corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 minutes 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356,83 feet to a pin; thence by lands now or formerly ofHrbacek, South 32 degrees 53 minutes 0 seconds East, 28.33 feet to a monwnent; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey dated August 9, 1982 by John R. Kissinger. BEING lot No.3 in the Plan of Lots of Robert F. Saphore recorded in Plan Book 42, at Page 95. TAX PARCEL NO, 11-06-0041 BEING the same property which Barbara K Lehman, now Barbara K Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the CwnberIand County - Recorder of Deeds in Deed Book Volume 188, Page 210, granted and conveyed to Barbara K. Starliper and William C, Starliper. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 04-1459, seized and taken in execution as the property of WILLIAM C STARLIPER AND BARBARA K STARLIPER at the suit ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~~~'C0-cA _' Attorney for Plamliff :".) l.....~) t'.:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff Civil Action No. 04-1459 vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN CREDITORS FILED ON BEHALF OF Plaintiff( 5) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUiRE PA 1D#68013 Bernstein Law Firm, P.c. Firm #718 Suite 2200 Gulf Towcr Pittsburgh, P A 15219 412-456-8100 DIRECTDIAL: (412)456-8100 BERNSTEIN FILE NO. F0030096 ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff CIVIL ACTION NO. 04-]459 vs. WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants VERIFICATION OF SERVICE OF NOTICE OF SALE TO DEFENDANTS AND LIEN CREDITORS The undersigned, subject to the penalties of 18 Pa,c' section 4904 relating to unsworn falsilication to authorities, does hereby certify that the undersigned personally mailed copies of the Notice of Sale in the above-captioned matter by Certified Mail to the Defendants on May 2, 2005 which was receivcd by the Defendants on May 6, 2005 as evidenced by Certified Mail Receipt attached hereto as Exhibit "A". The undersigned subject to the penalties of 18 Pa.C.S.A. section 4904 relating to unsworn falsification to authorities, does hereby certify that the undersigned personally mailed a copy of the Notice of Sale to Lien Creditors in the above-captioned matter by Certificate of Mailing (P.S. Form No. 3877) nil May 2,2005 attached hereto as Exhibit "B", C~~~L~ ~ . .Jl o fTl LS1 u,S, Postal Service". CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I.. . ;! OFFICIA' fTl : ptYJCmtifl":: $ o o o Return RecJept Fee (Endorsement Required) Cl Restt1cted Delivery Fee U') (Endorsement Required) f'- o Total Postage a. Fees $ :;T D S6Ilt o ["'- Si'ro-ei .,PO citY.~i WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 .------..---....--.----. ..-....--...---..----.---- lcverse for In'jtrllctlollS fTl .-'I fTl LS1 u.S. Postal Service", CERTIFIED MAIL" RECEIPT (Domestic MatI Only; No Insurance Coverage Provrded) .-'I :;T fTl f'- Pee::::' $ ru o o '0 Return Recfspt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o . LS1 ,f'- 10 ':;T :0 o f'- TotaJ_"Fe.. $ 'cJ;Jpytb , 0 lIiriii,'Aji{ BARBARA K ST ARLIPER ,_"""_m""~' arPOBox', 1434 Three Square Hollow Ci6i,SiiiOi; Newburg P A 17240 ~.._....._._. PS Form 3800 June 2002 See neve,,,,l' lor 111<.;lrlJ( lions "C !"' C/l :-' . . . "C !"' -n C/l :-' . . . 0 ~.iJ ?i Q >[g "C"'b' 6' ?i o;t:oCl:l"'1J;:;:() 3 g: g~9'U3 ~!-'tJ:j ;;6f~3-~O 3 ,t;~ 6' W ""Y. i;'I".l>>,<,J::o."C .- :::Io::T- 3 ex> f'1 ~'ji:...-o :;;'CD W ~.,. ~ _::ra.'< .J:lo.12. ~ -,J a.' - "~=:: 5:i:oS' li":f::g=i:!l ~ I :::f'<Il (()::J CD . ex> ..JI el 51 ~; 0 OOODls:ft ~ I a (;). CD ....:xl CD ;;r 0 ;aa.~ 3 .3 ~ C! ;?~~H[ 0- .<= , -. 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(TO '" "0 0 o!!!. <ll (1) S. .gtJj ;!.1. ~ ~ g,-g. ~ i:l (> () 3 0- 0 (> ~ ~ ~ . " ~ '< 0 (1) ~. gif ,,- (1) (1) ,g "" gj o " .- (> 0 ~ 3 1';. . !l ~ 0 ~, ~ 6' 0 .. 0 '< i:l 0 ~ '" ~ " "II ~ ;r .. S! > ~ '" - .. S" 3 .. a o " :>l " < ~ Ui " PAGES I I I I i-, I tJj '1- 0 I ~ tJ"8~~"" ..... 11 ~~ l~~8r~ I ---, o::;j CI> llllil t: (j) I ...,~ Q,&il2.5.i ~(\): ;!gQ,~ 3 I ] I I ;-~a~~~.~ I ~~ - ~ ~ @ , ~~ .0 I -t---L --- ~ I I I ~~, -t I-J ;;~~.. ~'~.,o,~ to" fa ~.d\~\II' ~~. ~ f J g ~ \ '-"'" I '. <"" 'p' Ei~ll 1\, ~2- {-;',~;:St ;.' I '- '" I . .' .Q ,. "(~::,~: ..... ~ -< '" '\ __~_ IV.. I ,...fro 0 ~ ... I V1N"'rSI I No'" I NO \Jl.." NV1"':t~ - ..., :{ ":' PAGE / , < ------- (') c; -::.:-\ -< ..., c~.) '-'~-:) en <- c:: ;L: ", CJ o -n '1" rnp "oR .:n.,.... :j(?, (~ ~~~ ~? ,~ :;J -< -v 3 r- eo .~-- M&T Bank, Successor in interest The Court of Common Pleas of To Keystone Financial Bank, N,A. Cumberland County, Pennsylvania VS Writ No, 2004-1459 Civil Term William C. Starliper and Barbara K. Starliper Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 11,2005 at 8:55 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Barbara K. Starliper, by making known unto Shaun Tiedt, adult friend of Barbara K. Starliper, at 1434 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: William C. Starliper, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. FRANKLIN COUNTY RETURN: And Now, June 10,2005 at I :30 o'clock PM served the within Real Estate Writ, Notice of Sale, and Description upon William C. Starliper, by making known unto William Starliper personally, at the Franklin County Sheriffs Office, 257 Lincoln Way East, Chambersburg, P A 17201. So answers: Robert B. Wollyung, Sheriff of Franklin County, P A. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 4:55 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William C. Starliper and Barbara K. Starliper, located at 1434 Three Square Hollow Road, Newburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William C. Starliper, by regular mail to his last known address of 204 9th Street, New Cumberland, P A 17070, This letter was mailed under the date of July 0 I, 2005 and never returned to the Sheriffs Office, R Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Barbara K. Starliper, by regular mail to her last known address of 1434 Three Square Hollow Road, Newburg, P A 17240. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Jon McKechnie. Sheriffs Costs: Docketing Poundage Posting Handbills 30,00 1751.49 30.00 Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Out of County Franklin County Law Journal Patriot News Share of Bills 30,00 ,50 1.00 48.00 6.46 30,00 40,00 9.00 34.40 539,00 396.20 18.20 $2970.25 Sworn and subscribed to before me .~~~ This J&-: day 2005, AD, R. Thomas Kline, Sheriff BY !cd ll..SvvU~ Real Estate Sergeant . Prot ". ,1l I. C;n 5031 r&v /10P,/ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, N.A. Plaintiff vs. Civil Action No. 04-1459 AFFIDAVIT PURSUANT TO RULE 3129.1 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD FOR THIS PARTY: LORI A. GIBSON, ESQ. PALD,#68013 JON MCKECHNIE, ESQ. PA J.D. #36268 Bemstein Law Firm, P.c. Finn#7I8 2200 Gulf Tower Pittsburgh, PAl 5219 412-456-8100 DIRECT DIAL (412) 456-8111 BERNSTEIN FILE NO, F0030096 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 M&T BANK, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1434 Three Square Hollow, Newburg, P A 17240 (see Deed description attached): I. Name and address of owner(s) or reputed owner(s): WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 BARBARA K STARLIPER 1434 Three Square Hollow Newburg P A 17240 2. Name and address of Defendant(s) in the judgment: WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 BARBARA K STARLIPER 1434 Three Square Hollow Newburg P A 17240 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: M & T Bank c/o Bernstein Law Firm, P.C. 2200 Gulf Tower Pittsburgh, PA 15219 4, Name and address of the last recorded holder of every mortgage of record: M & T Bank c/o Bernstein Law Firm, P.c. 2200 Gulf Tower Pittsburgh, P A 15219 Underground Storage Tank Indemnification Board C/o Pennsylvania Dept ofInsurance 90 I N. 7'h Street Harrisburg, PAl 71 02 Manufacturers and Traders Trust Company I M & T Plaza Buffalo, NY 14240 5. Name and address of every other person who has any record lien 011 their property: Unknown 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: Unknown 7, Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Courthouse, One Courthouse Square Carlisle, PA 17013 Hopewell Township 415 Three Square Hollow Road Newburg, P A 17240 Shippensburg Area School District 317 N. Morris Street Shippenburg, PAl 7257 Child Support Enforcement Agency P.O, Box 320 Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 P A. c.S. Section 4904 relating to tillSWorn falsification to authorities. Date ~^~ ~\c.AzA-_- Attorney for Plaintiff NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No, 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C. Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, I, BEGINNING at a post in Township Route 379, at comer of lands now or formerly ofM, M, Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,45639 feet to a white oak stump; thence North 51 degrees 30 minutes West, 453,75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 7755 feet to a post, the place of BEGINNING, CONTAINING 15.41 acres in accordance with a survey dated May 29,1970 by Thomas A Neff, RS. TRACT NO.2, BEGINNING at a point in the centerline of Township Road 379 at comer oflands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 minutes I I seconds West, 1299,76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly ofHrbacek, South 32 degrees 53 minutes 0 seconds East, 2833 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South II degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey dated August 9, 1982 by John R Kissinger. BEING lot NO.3 in the Plan of Lots of Robert F, Saphore recorded in Plan Book 42, at Page 95, TAX PARCEL NO, 11-06-0041 BEING the same property which Barbara K. Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188, Page 210, granfed and conveyed to Barbara K. Starliper and William C. Starliper. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No. 04-1459, seized and taken in execution as the property of WILLIAM C STARLIPER AND BARBARA K STARLIPER at fhe suif ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~\M-~'<-0-v( . Attorney for PlamtIff .. ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No, 04- 1 459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants NOTICE TO DEFENDANTS TO: WILLIAM C STARLIPER 2225 Lindsay Lot Road Shippensburg, P A 17240 Your house at 1434 Three Square Hollow, Newburg, PA 17240, is scheduled to be sold at Sheriffs Sale on September 7, 2005 at 10:00 AM, in the Cumberland County Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment of $82,329,63 obtained by M & T Bank NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: I, The Sale will be cancelled if you pay to M & T Bank the back payments, late charges costs and reasonable attorneys fees due, To find out how much you must pay, you may call Bernstein Law Firm, P,C, at 412-456-8100. 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 also be able to stop the Sale through other legal proceedings, You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale, (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 L 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 (412) 456-8100. ~ . . . 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 amolmt due in the Sale. To find out if this has happened you may call (412) 456-8100, 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 amowlt due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thilty (30) days of the sale date, This Schedule will state who will be receiving that money, The money will be paid out in accordance with this Schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff within ten (10) days after the date on which the Schedule of Distribution is filed, 7, You may also have other rights and defenses, or ways of getting yOill' 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED "'1LL BE USED FOR THAT PURPOSE. BERNSTEIN LAW FIRM, P.c. 2200 Gulf Tower PITTSBURGH, PA 15219 (412) 456-8100 , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No, 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C. Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township,' Cuinbethind County, Pennsylvania, bounded and described as follows: TRACT NO, I, BEGINNING at a post in Township Route 379, at comer of lands now or formerly of M. M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West, 453,75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING, CONTAINING 15.41 acres in accordance with a survey dated May 29, 1970 by Thomas A. Neff, RS. TRACT NO.2. BEGINNING at a point in the centerline of Township Road 379 at comer oflands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 minutes 11 seconds West, 1299,76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly ofHrbacek, South 32 degrees 53 minutes 0 seconds East, 28.33 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446,07 feet to a pin; thence by the same, South 11 degrees 31 minutes 38 seconds East, 915,07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, ilie place of BEGINNING, CONTAINING 7,925 acres according to survey dated August 9, 1982 by John R Kissinger, BEING lot No.3 in the Plan of Lots of Robert F, Saphore recorded in Plan Book 42, at Page 95. TAX PARCEL NO. 11-06-0041 BEING the same property which Barbara K. Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188, Page 210, granted and conveyed to Barbara K. Starliper and William C. Starliper. Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No, 04-1459, seized and taken in execution as the property ofWILLJAM C STARLIPER AND BARBARA K STARLIPER at the suit ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~~~'(."-~ -' Attorney for Plamtlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants NOTICE TO DEFENDANTS TO: BARBARA K STARLIPER 1434 Three Square Hollow Newburg, P A 17240 Your house at 1434 Three Square Hollow, Newburg, P A 17240, is scheduled to be sold at Sheriff's Sale on September 7, 2005 at 10:00 AM. in the Cwnber1and County Courthouse in Carlisle, Pennsylvania, to enforce the Court Judgment of$82,329.63 obtained by M & T Banlc NOTICE OF OWNER'S RlGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: I. The Sale will be cancelled if you pay to M & T Bank the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Bernstein Law Finn, P,C, at 412-456-8100. 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 also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale, (See Notice on Page Two on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AM) YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. IF the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (412) 456-8100. 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 amolmt due in the Sale. To find out if this has happened you may call (412) 456-8100. 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 amotmt due is paid to the Sheriff and the Sheriff gives a Deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6, You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days of the sale date, This Schedule will state who will be receiving tl1at 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 on which the Schedule of Distribution is filed, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S, BEDFORD STREET CARLISLE, PA 17013 NOTICE TillS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. BERNSTEIN LAW FIRM, p,c. 2200 GULF TOWER PITTSBURGH,PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintiff vs, Civil Action No, 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendants DEED DESCRIPTION All the right, title, interest and claim of William C, Starliper and Barbara K. Starliper, of, in and to ALL the following real estate lying and being situate in Hopewell Township, Cuinberland County, Pennsylvania, bounded and described as follows: TRACT NO. I. BEGINNING at a post in Township Route 379, at comer oflands now or formerly ofM, M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees 50 minutes East, 1,086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oale stump; thence North 51 degrees 30 minutes West, 453,75 feet to a spike in the aforesaid Township Road; thence by said road, North 45 degrees West, 7755 feet to a post, the place of BEGINNING, CONTAINING 15,41 acres in accordance with a survey dated May 29, 1970 by Thomas A Neff, RS, TRACT NO, 2. BEGINNING at a point in the centerline of Township Road 379 at comer oflands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly ofHrbacek, North 09 degrees 53 minutes 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly ofHrbacek, South 32 degrees 53 minutes 0 seconds East, 28.33 feet to a monument; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South II degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220,42 feet to a point, the place of BEGINNING, CONTAINING 7,925 acres according to survey dated August 9, 1982 by John R Kissinger. BEING lot No.3 in the Plan of Lots of Robert F. Saphore recorded in Plan Book 42, at Page 95. TAX PARCEL NO. I1-06-0041 BEING the same property which Barbara K, Lehman, now Barbara K. Starliper, by her deed dated October 21, 1998 and recorded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188, Page 210, granted and conveyed to Barbara K Starliper and William C. Starliper, Judgment was recovered in the Court of Common Pleas of CUMBERLAND, Civil Action, as of No, 04-1459, seized and taken in execution as the property of WILLIAM C STARLIPER AND BARBARA K STARLIPER at the suit ofM&T BANK, successor in interest to KEYSTONE FINANCIAL ~~~'(.~~ -' Attorney for Plamtlff WRIT OF EXE€UTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1459 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M& T Bank, successor in interest to Keystone Financial Bank Plaintiff (s) From William C, Starliper and Barbara K, Starliper (I) You are directed to levy upon the property of the defendant (s)and to sell see legal description (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishec(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing tL,-'reof; (3) Ifproperty of the delClldout(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$82,329,63 L.L.$.50 Interest from 11/20/04 to 91715 $5,311.48 Ally's Comm % Due Prothy $1.00 Ally Paid $266,60 Other CostsLate charges from 11/20/04 to 9/7/05 $233.46 Plaintiff Paid Date: April 22, 2005 CURTIS R. LONG (Seal) Prothonotary . By cKf'Au?' J:': ,X.lrJ 9f Deputy REQUESTING PARTY: Name Jon McKechnie, Esq. Address: Bernstein Law Firm P.C. 2200 Gulf Towl'r, Pittsburgh, PA 15219 Allorney for: Plaintiff Telephone: 412-456-8100 Supreme Court ID No. 36268 Real Estate Sale #25 On May 09, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, P A Known and numbered as 1434 Three Square Hollow Rd" Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 09, 2005 By: \}Ml uS waCc Real Est~tJ Deputy '10 :Z d LZ 8dV ~OOI ''/d ")....I.:":i lL'.,: " ,':, .~'>!l JJIU3fl:;PJ. ,0 ]:JU.:1U , ~ .... \ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws ofthe Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscella ous Book "M", Volume 14, Page 317. COpy S ALE #25 efo~is 16th day 0 NOT Y PUBLIC My conunission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 396.20 REAL ESTATE SALE No,2S - No. 2004-1459 CMIT..... M"T Bank, Successor in Intel'8St to Keyatone Flnanctat Bank, N.A. Va -= SUI1Ipet and ..,,-~ MoJr...liujj AU. !he right, tide, interest and dB of William C. SIlirliper and B-. K. Starlipes, of, in and to ALL the fol!owing real """, lying and being situate in Hopewell Township, Cumberland Coonty. Peoosylvania. bounded and described as follows: TRAIT NO. 1: BEGINNING at a post in Township Route 379, at comer of lands now or fotmerlyofMM. 'J'bmsh; 1hente by lands !lOwer formerly of Throsb, North 54 degrees SO mirwtes East, l,og6 feet to a post; thence South o degrees ~7 minutes East, 1,45639 feet to a white oak stUmp; thence North 51 drgrees 30 !Din.." Wrst, 453.15 thet 10 a ~ the af<>n:<aid ThWDShip Road; the"", by laid rood,North 45 drgrees West, 7755 f..,1o a post,the place ~BEGlNNlNG. CONTAINING 15.41 acres in acrordance with a sorvey datJ:d May 29. 1970 by Thomas A. N,ff. RS. . TRACT NO.2. BEGINNING", point in the centerline of Township Road 379 at comet of lauds now or Connedy of Bi)ly P. Hrbacek and Mary lean Hrbacek:,his wife; ihence by llinds now or fororedy of Hrbacek, North 09 drgrees 53 mitwtes 11 seroilds \"*, t299.76 feet to a post; thence by lands now or formerly of hcob Rice, North 57 degrees 07 mimltes 0 seconds East. 356.83 feet to a pin; tbence by lands now or fonnedy of_, South 32degI<eS 53 minutes Q seconds.East, 2833 feet to a monument; !hence by the same. South 23 degrees 38 minutes 0 secoods West,446IYl feet toa pin; thence by the same, South 11 degrees 31 minutes 38 seconds East. 915D7 feet to a point in the centerline of To""sbip Road 319; thence by the centerline of ..rorood,North 19 degrres 29 minutes 25 "'ODds West, 220.42 feet to a point, the place of BEGINNlNG. CONTAlNING 7925 acres acconIing to survey dated Angmt 9. 1982 by I<lhn R. Kissing<<. BEING l<JtNo.3 in <hePlalJofloliofRobertF. Saphore_inPlM:BOO<42,atPag,95. TAXPARCEL#ll~1. BEING the ..... Jl<Opet1y .'\Irich Barllam K. Lrbman, now B--. K. Starliper, by bot _ datedOctQber 21,l998 and recarded November 2, 1998, in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188. Page 210. granted and oonveyed to Barbara K. Starliper and William C. Starlipes. --~"^,-~ _._..,~~.. , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16,1929), p, L1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Vtz: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true, ~q~ arie Coyne, E tor SWO T AND SUBSCRIBED before me this 29 day of Julv. 2005 / . ~A'",)L. ~ N SEAL LOIS E. SNYDER, Notary Public CarHsle Boro, Cumberland County My Commission Expifes March 5, 2009 REAL ESTATE SALE NO. 25 Wrtt No. 2004-1459 Civil M&T Bank, Successor in Interest to Keystone Financial Bank. N.A. VB. William C. Starliper and Barbara K. Starliper Atty.: Jon McKechnie DEED DESCRIPTION All the right. title. interest and claim of William C. Starliper and Bar- bara K. Starliper. of, in and to ALL the following real estate ly- ing and being situate in Hopewell Township. Cumberland County, Pennsylvania, bounded and de- scribed as follows: TRACf NO.1. BEGINNING at a post in Township Route 379. at cor- ner of lands now or formerly of M. M. Thrush; thence by lands now or formerly of Thrush. North 54 de- grees 50 minutes East. 1.086 feet to a post; thence South 0 degrees 37 minutes East. 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West, 453.75 feet to a spike in the afore- said Township Road; thence by said road. North 45 degrees West, 775.5 feet to a post. the place of BEGIN- NING. CONTAINING 15.41 acres in accordance with a survey dated May 29. 1970 by Thomas A. Neff. R.S. TRACT NO.2. BEGINNING at a point in the centerline of Township Road 379 at comer of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees 53 min- utes 11 seconds West, 1299.76 feet to a post: thence by lands now or formerly of Jacob Rice. North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin: thence by lands now or formerly of Hrbacek. South 32 degrees 53 minutes 0 seconds East. 28.33 feet to a monument: thence by the same. South 23 de- grees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 38 seconds East, 915.07 feet to a point in the centerline of Township Road 379: thence by the centerline of said road. North 79 degrees 29 minutes 25 seconds West. 220.42 feet to a point, the place of BEGIN- NING. CONTAINING 7.925 acres according to survey dated August 9. 1982 by John R. Kissinger. BE- ING Jot No. 3 in the Plan of Lots of Robert F. Saphore recorded in Plan ,', ,- '. ." .""..' '~-'. TAX PARCEL NO. ] ]-06-0041. BEING the same property which Barbara K. Lehman, now Barbara K. Starliper, by her deed dated Oc- tober 21. 1998 and recorded No- vember 2, 1998. in the office of the Cumberland County Recorder of Deeds in Deed Book Volume 188. Page 210. granted and conveyed to Barbara K. Starliper and WilHam C. Starliper. Judgment was recovered in the Court of Common Pleas of CUMBER- LAND. Civil Action. as of No. 04-1459 seized and taken in execution as th~ property of WILLIAM C. STARLIPER AND BARBARA K. STARLlPER at the suit of M&T BANK. successor in interest to KEYSTONE FINANCiAL. "-'~":"~;""'-"'''"'':',~1~;- '. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintitf( s) No. 04-1459 vs. PRAECIPE FOR SA TISF ACTION WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant(s) FILED ON BEHALF OF Plaintift(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA 1D#6801J HEIDI A. KORDISI-l. ESQUIRE PA 10#90512 Bemstein Law Firm, P.c. Finn #718 Suite 2200 Gulf Tower Pittsburgh, PAl 5219 412-456-8100 BERN~HEIN FILE NO. F0030096 NonCE THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE lJSED FOR THAT PlJRPOSE. " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M&T BANK, successor in interest to KEYSTONE FINANCIAL BANK, NA Plaintif1ls) vs. Civil Action No. 04-1459 WILLIAM C STARLIPER AND BARBARA K STARLIPER Defendant( s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment BERNSTEIN LAW FIRM, P.c. By: Attorne for Pla1l1 1 ' Suite 2200 Gulf Tower Pittsburgh, P A 15219 (412) 456-8100 BERNSTEIN FILE NO: F0030096 Sworn to and subscribed before me this / -; Hi day of '71A-V' , 2005 &[/'r.-t.,.i.. IL V::k-t'L<'/V Notary ~ublic (0L.",_,- '. ","";':'C~'~~-~~J""" IL Ci~~' _ ~'" :, c~;:!->Ji:;~Y,"~;;~!:ii~~ t\.~-, (";".'('(Y)'<; "',,.J' __'u,v "~,,, /\J08 Mei~~~S~':0f~~"~:;,::i~:;;i:~ j\~:=~:X:'tion omotaries r-J , , ' ,y' 1'-,') C <..,.,