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Home My WebLink About00-05027 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS NATIONAL BANK OF NEW VH.LE, Plaintiff, Vs. No: 2000-3027 CIVIL ACTION- DONALD L. FLAGLE H and AMANDA S.H. FLAGLE, Defendants. MORTGAGE FORECLOSURE PRELIMINARARY OBJECTIONS TO COMPLAINT The Defendants, preliminarily object to the Plaintiff s-Complaint-inMortgage Foreclosure, pursuant to Pa. R.C.P. 1028, as follows: Defendant's Preliminary Objections Raising Insufficient Specificity in a Pleading 1. Plaintiff s complaint falls to state the due dates of the monthly payments which are alleged to be in default. 2. Plaintiff s complaint fails to state the individual payment amounts alleged to be delinquent. Plaintiff s complaint-falls to state the total dollar amount alleged to be delinquent. WHEREFORE, Defendants respectfiilly request that Plaintiff be required to comply with the Pennsylvania Rules of (civil Procedure and be required to file a sufficiently speck amended Complaint. By: Dad At Donald L. Flagle II, Defendant, By Amanda. S.H. Flagle, POA 69 South ligh Street Newville, PA 17241 (717) 776-6789 I, verify that the statements made in the foregoing pleading are true and correct: understand that false statements herein are made suhjectm the penalties of 18 Pa. C.S. 4904, relating to-unworn falsifications-to authorities: Dated: M( - ? Wald L. le II OZ22-W Amanda S. Flagle I :G? hl ?y O ! 41A SHERIFF'S RETURN - REGULAR CASE NO: 2000-05027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS NATIONAL BANK OF NEWVI VS FLAGLE DONALD L II ET AL GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE FLAGLE DONALD L II the DEFENDANT , at 0019:30 HOURS, on the 26th day of July , 2000 at 65 SOUTH HIGH ST NEWVILLE, PA 17241 by handing to DONALD L. FLAGLE, II a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this IAA- day of a26vp A. D. Prothonotary So Answers: R. Thomas Kline 07/27/2000 SAIDIS, SHUFF & MASLAND By W-A Deputy S iff was served upon c SHERIFF'S RETURN - REGULAR CASE NO: 2000-05027 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS NATIONAL BANK OF NEWVI VS FLAGLE DONALD L II ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLAGLE AMANDA S the DEFENDANT , at 0019:30 HOURS, on the 26th day of July 2000 at 65 SOUTH HIGH STREET NEWVILLE, PA 17241 by handing to DONALD L. FLAGLE, II a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of oZOis-a A.D. r thonotary So Answers: R. Thomas Kline 07/27/2000 SAIDIS, SHUFF & MASLAND By:_ c.( Deputy Sh ff FARMERS NATIONAL BANK OF NEWVILLE Plaintiff DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by first class mail, postage pre-paid, a copy of the Important Notice (Ten Day Notice of Default), on the date and time reflected on the Certificate of Mailing and Certified Mail Receipt: Donald L Flagle II 65 South High Street Newville PA 17241 Amanda S H Flagle 65 South High Street Newville PA 17241 Dated: June 18, 2001 Sworn to and Subscribed Before me this 18 day g€ylune 2001. - Renee By: C Parlisle, a J pecky, ire s gh Street PA 17013 717 -243 -6222 Attorney for Plaintiff V NOTARIALWAL RENEE L. MURRAY, NOTARY PUBLIC CARUSLE BORO, CUMBERLAND 00, PA MY COMMINION EXInM DECEMBER 10. 90M SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA C , Z' CA7 C. . IT7f i1 .1_ - ICJ ?? _' - T? z 97 -- FARMERS NATIONAL BANK OF NEWVILLE Plaintiff v DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant(s) TO: Donald Flagle II 65 South High Street Newville, PA 17241 DATE OF NOTICE: June 18, 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 005027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 -249 -3166 U.S. TE OF MAILING MAIL, DOES Id T Received From: Law Of Saidis, Shuff, FI 26 West H Carlisle, PA One piece of ordinary mail addressed to: Donald Flagle II 65 South High Street Newville PA 17241 _ Are in stamps " - eter stage and orrtl . KOPeC , E$qu j ?• post Inquire of rforcument oa r? op forthe• laintiff <i • R ? ? Y `; SHU , FLOWER & LINDSAY High Street PA 17013 n am s; 55222 O J C 7'1 PS Form 3617, January 2001 FARMERS NATIONAL BANK OF NEWVILLE Plaintiff v DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant(s) TO: Amanda S Flagle 65 South High Street Newville, PA 17241 DATE OF NOTICE: June 18, 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 -249 -3166 U.S. POSTAL SERVICE CERTIFICATE OF MAILING xtGxke osm?Xei IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ROVIDE FOR INSURAW.',,cT..Aa a -- Sask F Received From: Law Offices Saidis, Shuff, Flower & Lin ayC " k 26 West High Stree Carlisle, PA 1701342 56 SA . ct 111 One piece of ardinarv mail addressed to: Amanda S Flagle 65 South High Street Newville PA 17241 s" '!? enstamps KOP CI(y,tS( 9 rylre of 'or //tj(a Plaintiff u anent iigh Street )A 17013 -6222 & LINDSAY PS Form 3817, January 2001 1 C-) c= CI c - ; -TD PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. FARMERS NATIONAL BANK OF NEWVILLE Plaintiff vs. DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant No. 00-5027 Civil 5027 2001 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminarily Objections to Complaint 2. Identify counsel who will argue case: (a) for plaintiff: Johnna J. Kopecky, Esquire Address: Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 (a) for defendant: Address: 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Donald L. Flagle 11 and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 4. Argument Court date: March 28, 2001 Jo J. pecky, Es it A ney r Plaintiff Dated: January 30, 2001 CJ Cr C,j Tj C c? ? t FARMERS NATIONAL BANK OF NEWVILLE Plaintiff DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE AFFIDAVIT OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served the below-named parties by first class mail, postage pre-paid, a copy of the Praecipe for Listing Case for Argument, on the date and time reflected on the Certificate of Mailing and Certified Mail Receipt: Donald L Flagle II 65 South High Street Newville PA 17241 Dated: January 31, 2001 Sworn to and Subscribed Before me this 31St day of January 2001. Amanda S H Flagle 65 South High Street Newville PA 17241 By: o nna Copec squire We igh Street Carlisle, PA 17013 717 -243 -6222 Attorney for Plaintiff ®L NOTARIAL SEAL RENEE L. MURRAY, NOTARYPO" CARLISLE BORO, CUMBERLAND CO,PA MY COMMISSION E%PIflES DE SAIDIS S FFF F W Kikw- 26 W. High Street Carlisle, PA s - FARMERS NATIONAL BANK OF NEWVILLE V DONALD L. FLAGLE 11 and AMANDA S. H. FLAGLE Receiver _ Law Offices Saidis Shuff Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 One piece of ordinary mail addressed to: r ARC /.. --v Amanda S H Flagle 65 South High Street '?Q Newville PA 17241 PS Form 3817, Mar. 1989 111 t c,`1 Affix MAY 8E USED F( PROVIDE FOR IN Received From: AND Plaintiff Defendant(s) --i - F MAILING Aff!? MAIL, DOES NOT -? c DOES NOT Law Offices Saidis Shuff Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 ?! f77 One piece of ordinary mail addressed to: - Donald L Flagle II 30 sa ?? _ 65 South High Street ?Oj Newville PA 17241 Gst,- .?'r asn» PS Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE stamps go and juire of current end of (D s r D N Cr) (( 7099 3400 0018 5000 6891 ^' ma m x._21 3'? R 'I yl '. Vm °3 ?9 m; ? y Na a3 m: jai o 3a m3 Z W O mo 3a ?fN C cr) n O m 9,Z B m a ° i G o C? 9 C CL i 7099 3400 0018 51200 6884 Mm S>C ? ' ym FARMERS NATIONAL BANK : IN THE COURT OF COMMON PLEAS OF OF NEWVILLE, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DONALD L. FLAGLE, II, and AMANDA S. H. FLAGLE, DEFENDANTS 00-5027 CIVIL TERM BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this --? day of March, 2001, the preliminary objections to plaintiffs complaint, ARE DISMISSED. Johnna J. Kopecky, Esquire For Plaintiff Donald L. Flagle, II Amanda S. H. Flagle 65 South High Street Newville, PA 17241 By the Edgar B. Bayley, J. :saa in; ? -?C`i i .i ?, '? 5?• V;?gCi?t'?fLt'iitiJ ?,?1,i1?1?S?? 'C`'"•??C?INSYI `; i?:NCB wf x?„ THE FARMERS NATIONAL BANK OF NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) TO THE PROTHONOTARY: Please enter a judgment by default in favor of the Plaintiff and against the Defendant(s) for failure to Answer the Complaint in the amount of ninety-three thousand four hundred sixty-nine and 11/100 ($93,469.11) Dollars, plus interest at $21.3687 per diem and costs and for foreclosure and sale of the mortgaged premises. I certify the Ten (10) Day Notice of Entry of Default pursuant to Rule 237.1 was mailed U. S First Class mail postage prepaid and is attached hereto and made part of as Exhibit "A". Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Dated 'J' a 9, ?,Do / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE Jo J. Ko ky, Esquio 2 est Hi Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Plaintiff Prothonotary A AND NOW, this" -9 day of f nt , 2001, a default judgment has been entered in the amount of ninety-three thousand four hundred sixty-nine and 11/100 ($93,469.11) Dollars, plus interest at $21.3687 per diem and costs and for foreclosure and sale of the mortgaged premises. -9,14 - 11 &Z14,.nAA Prothonotary 0 0 a Redd J L ? y N N .i w U 'v R N -(1) C'4` U1 ? ?- NSQ LL. -r- ? O C ? O 0 N - 0coZ a O O o° N W C 7 M O LL Q E FARMERS NATIONAL BANK IN THE COURT OF COMMON PLEAS OF NEWVILLE I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-5027 Civil DONALD L. FLAGLE II and CIVIL ACTION - LAW AMANDA S. H. FLAGLE Defendant(s) I MORTGAGE FORECLOSURE TO: Donald Flagle II 65 South High Street Newville, PA 17241 DATE OF NOTICE: June 18, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 -249 -3166 SAIDIS WW, FLOWER & LINDSAY ,%? AT W 26 W. High Street cultele, PA for the laintiff SHU . FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 IN ?g 0 H LVJ ? n ?o -2Q w m J L ? N Ul N R U m N ill tt d o m? N- m ? LL =a m m? m E C O 2 (6 N' E Q m Z VIII 0 N Z C M 0 LL N a FARMERS NATIONAL BANK OF NEWVILLE Plaintiff v DONALD L. FLAGLE 11 and AMANDA S. H. FLAGLE Defendant(s) TO: Amanda S Flagle 65 South High Street Newville, PA 17241 DATE OF NOTICE: June 18, 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5027 Civil CIVIL ACTION - LAW MORTGAGE FORECLOSURE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 kop ck y, squir J ' SAIDIS j Toey A FLOWER S , S , FLOWER& LINDSAY & LINDSAY 26 West High Street '- AT.6AW Carlisle, PA 17013 26 W. Nigh Street (717) 243-6222 QrWk. PA M? 00 THE FARMERS NATIONAL BANK OF NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) TO: AMANDA S. H. FLAGLE 65 South High Street Newville, PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE You are hereby notified that on (o - )L9- 01 2001, the following Judgment has been entered against you in the above-captioned case. Date: Aj f, 41 Prothonota I hereby certify that the name and address of the proper person to receive this notice is: AMANDA S. H. FLAGLE 65 South High Street Newville, PA 17241 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT•LAW 26 W. High Sheet Carlisle, PA Form 236 THE FARMERS NATIONAL BANK OF NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) TO: Donald Flagle II 65 South High Street Newville, PA 17241 NO.: 00-5027 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE You are hereby notified that on G0 -0-o1 2001, the following Judgment has been entered against you in the above-captioned case. Date: 1-k I!" -ivew Prothonofa I hereby certify that the name and address of the proper person to receive this notice is: Donald Flagle II 65 South High Street Newville, PA 17241 SAIDIS SHUF$ FLOWER & LINDSAY ATrORNMeAT•LAW 26 W. High Street Carlisle, PA Form 236 m ?:;_ N - ` T \y \ Y_ A`w`vv ? 0 ?_ N n1 G Y F -+? -n ?cj `^ I Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff WRIT NO. NO. 00-5027 Civil Term V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE AMOUNT DUE: $93,469.11 INTEREST AT $21.3687 per Diem FROM 06/09/2000, thru Date of Sale ATTY. COMM.: $4,250.00 COSTS: TO RE ADDED Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against: Donald L. Flagle II and Amanda S. H. Flagle, 65 South High Street, Newville, PA 17241 (3) and against the following Garnishees: N/A (4) and index this writ Donald L. Flagle II and Amanda S. H. Flagle, 65 South High Street, Newville, PA 17241. (b) against N/A Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishees as follows: all that certain tract of land situate in Borough of Newville, Cumberland County, Commonwealth of Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241.. (5) Exemption has (not) been waived. SAIDIS, SHUFF, FLOWER & LINDSAY Dated: August 24, 2001 By- nn . Kopec , Esquire Attorneys for Plaintiff Donald L. Flagle 11 and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book " U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 c C ? r CV $ o a ? r C? A CIO c? c; 3 A Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Farmers National Bank of Newville, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. Name and address of owners or reputed owners: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 2. Name and address of defendants in the judgment: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 SAIDIS SHUF$ FLOWER & LINDSAY ATHIRMYS•AT•LAW 26 W. High Street Carlisle, PA 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 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: I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, The Farmers National Bank of Newville, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Dated: August 24, 2001 SAIDIS, SHUFF, FLOWER & LINDSAY By: J nrr . Kopecky, Esquire Attor eys for Plaintiff Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 c? ?r> r.- - .__ r; -: vo ? =? : c; -, ' z?::_ _ ? v, i> .- ? , ? - ?,., - °„ Vii; :._ -- -, Vic: c; C q ? r, _ i f i"i ?' Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West. High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of DONALD L. FLAGLE II and AMANDA S. H. FLAGLE. Donald L Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 American General Finance, Inc. 125 Gateway Drive SAIDIS Mechanicsburg, PA 17055 SHUFF, FLOWER & LINDSAY Tax Claim Bureau t C b l d C ATTORNBYS•AT•LAW oun um er an y 26 W. High Street Cumberland County Courthouse Carlisle, PA One Courthouse Square Carlisle, PA 17013 I 1 You are hereby notified that on December 5t", 2001, at 10:00 a m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of The Farmers National Bank of Newville v. Donald L. Flagle II and Amanda S. H. Flagle, No.00-5027 in the amount of $93,469.11 plus interest from June 9th, 2000 at $21.3687 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Donald L Flagle II and Amanda S. H. Flagle, known as that tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: August 24, 2001 By: Joh a J. E pecky, Esquire Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 2 Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or, less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book " U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 0 z-7 - IP 7 TIYrc _ i co J - ..? - - +-i Do OD Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANTTO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December 05, 2001 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATrOENEYS.AT-LAW 26 W. High Street Carlisle, PA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to The Farmers National Bank of 1 Newville. v. Donald L. Flagle II and Amanda S. H. Flagle, No. 00-5027 for $93,469.11, plus interest from June 09, 2000 at $21.3687 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN SAIDIS GET FREE LEGAL ADVICE. SHUFF, FLOWER & LINDSAY Cumberland County Bar Association ATPODM-AT•LAW 2 Liberty Avenue 26 W. High Street Carlisle, PA 17013 Carlisle, PA 717-249-3166 2' THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within Court to open the judgment if you have a meritorious defense against the person or compar that has entered judgment against you. You may also file a petition with the same Court you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS SHUFF, FLOWER & LINDSAY ATT ILKEYS•AMAW 26 W. High Street Carlisle, PA Dated: August 24, 2001 By: Jo na opecky, ire Attorne for Plaintiff 3 Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book " U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 Cl --5 ?J L_._ ._.,_ _ I !?: : ?/J l? s `? ,-- -... _ ?_ - _ :?° ?,? : :_r,i `, -?' ? c. ? Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Taxld #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 C) ?-a C - -? tii .?, - - c^; ._? r' ? -'; - r-?> =? ??L% ci?i ?_ .. i r 'C- CJ? ? Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served a copy of the Affidavit Pursuant to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Rule 3129.1;Notice to Lien Holders Pursuant to PA. R. C. P. 3129; Notice of Sheriffs Sale Pursuant to PA. R. C. P. 3129.2; and a copy of the legal description, on the Parties listed below, by Certificate of Mailing, U. S. First Class Mail postage prepaid which service satisfies the requirement of Pa.R.C.P.No. 440. SERVICE BY FIRST CLASS MAIL, CERTIFICATE OF MAILING TO: Donald L Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dpted: August 28, 2001 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: Jo J. K cky, e Aft! mey f laintiff Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK OF Of NEWVILLE PENNSYLVANIA Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) U.S. POSTAL SERVICE CERTIFICATE OF MAILI IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT ROVIDE FOR INSURANOF-POSTMASTFR Received From: Law Offices Saidis, Shuff, Flower & L 26 West High Street Carlisle, PA 17013-295 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1. ?Aff;06eher8 in stamps rniiwPostage and One piece of ordinary mail addressed to: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 r PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAXING Affix fee heresies or meter postage IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL.. DOES ?-';post markRngpin IROVIDEFORINSURANCE-POSTMASTER ?l e?asterfo,= Received From: % A Law Offces. Saidis, Shuff, Floyre Indsa 26 West High Sir t `k '& Carlisle, PA 1701 2 I yx `t L.. yE 1 One piece cf ordinary mail addressed to: The Farmers National Bank of Newville i', PO Box 156 One Big Spring Avenue Newville PA 17241 n V rn T W W V d Z O 0 3jD 0 N m 3 ? ( N N c? m a 'm Dmm 'T7 v Q) O N ? A (D O N 0 a 2 3 a a d n Q. d N y ? (D D? O o O m n 4's w jsg - , i of Y AD C A O? m <_m In i vm m C7 y ei D n p0 A a z rr-- 3 mom V m n0 < rm m 1 q m q'? Ro3 PS Form 3817, January 2001 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK OF Of NEWVILLE PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. NO.: 00-5027 Civil Term DONALD L. FLAGLE II, and CIVIL ACTION - Law AMANDA S. H. FLAGLE MORTGAGE FORECLOSURE Defendant(s) U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDEFORINSURANr.F-POSTMASTER Received From: ' Law Offices Saidis, Shuff, Flower & Lin ; 26 West High Street Carlisle, PA 17013-2956, CERTIFICATE OF SERVICE One piece of ordinary mail addressed to: Donald L Flagle II 65 South High Street Newville PA 17241 PS Form 3817, January 2001 MAIL. DOI _... r , I U.S. POSTAL SERVICE CERTIFICATE OF MAILING' "^?--'4 Received From: Law 0 Saidis, Shuff, 26 West F Carlisle, PA One piece of ordinary mail addressed to: Amanda S H Flagle II 65 South High Street Newville PA 17241 PS Form 3817, January 2001 cument ire of current c - 3 C ...? -- t. D ? i -fl ' y ` Johnna J. Kopecky, Esquire ID # 53147 Saiqis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE AMENDED NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or tax liens against the real estate of DONALD L. FLAGLE 11 and AMANDA S. H. FLAGLE. Donald L Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 SAIDIS Cumberland County Tax Claim Bureau SHUFF, FLOWER Cumberland County Courthouse & LINDSAY One Courthouse Square T RNM-AT-LAW C PA 17013 li l ar e, s 26 W. High Street Carlisle, PA Naugle Motors, Inc 600 West King Street Shippensburg PA 17257 1 You are hereby notified that on December 5th, 2001, at 10:00 a m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of The Farmers National Bank of Newville v. Donald L. Flagle II and Amanda S. H. Flagle, No.00-5027 in the amount of $93,469.11 plus interest from June 9th, 2000 at $21.3687 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Donald L Flagle II and Amanda S. H. Flagle, known as that tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known, and numbered as 65 South High Street, Newville, PA 17241. A description of said real; estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the'. proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions' are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by, being notified of said Sheriff Sale. Dated. August 29, 2001 By: nna . Kopec y, E uire Attorney for Plaintiff SAIDIS SHUF13 FLOWER & LINDSAY 26 W. High Street Carlisle, PA 2 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Farmers National Bank of Newville, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. Name and address of owners or reputed owners: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 2. Name and address of defendants in the judgment: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 SAIDIS SHUFT, FLOWER & LINDSAY ATfORNW-AT-LAW 26 W. High Street Carlisle, PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 Naugle Motors, Inc. 600 West King Street Shippensburg PA 17257 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 SAIDIS SHUFF, FLOWER & LINDSAY 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 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:'. I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, The Farmers National Bank of Newville, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Dated: August 29, 2001 SAIDIS, SHUFF, FLOWER & LINDSAY ByJnna ' . opecky ire for Plai 26 W. High Street Carlisle, PA Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Taxld #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle 11 and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 C7 ti__ C71 n, ?' fv Y` E l Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE AMENDEDCERTIFICATE OF SERVICE I, Johnna J. Kopecky, Esquire, do hereby certify that I served a copy of the Affidavit Pursuant to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Rule 3129.1;Notice to Lien Holders Pursuant to PA. R. C. P. 3129; Notice of Sheriffs Sale Pursuant to PA. R. C. P. 3129.2; and a copy of the legal description, on the Parties listed below, by Certificate of Mailing, U. S. First Class Mail postage prepaid which service satisfies the requirement of Pa.R.C.P.No. 440. SERVICE BY FIRST CLASS MAIL, CERTIFICATE OF MAILING TO: Donald L Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 Naugle Motors, Inc. 600 West King Street Shippensburg PA 17257 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: August 29, 2001 Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY ky, Esquir By: ®rneyWPlaintiff Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK OF Of NEWVILLE PENNSYLVANIA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE CERTIFICATE OF MAILING U.S. POSTAL SERVICE CERTIFICATE OF MAILING - Aft, fee Aereio'stamps or meter postage and MY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT 'ROVIDE FOR INSUP^"'-' a`r-ecrcw postmark, Inquire of PoompterJ"ment .. fee. Received From: Law Offices Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2986 T mail atltlressetl to: One iece of ordinar p y t Naugle Motors Inc Ug • ?•, 600 West King Street . Shippensburg PA 17257 PS Fos+r W 7. January 2001 n ?X? FARMERS NATIONAL BANK OF NEWVILLE v DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Plaintiff Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -,'300 / 6i C CIVIL ACTION - LAW MORTGAGE FORECLOSURE NOTICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICIA SAIDIS, SHUFF & MASLAND ATTORMYS•APTAW 26 W. High street Carlisle, PA You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted a la Corte. Si usted quiere defenderse an contra estas demandas expuestas en [as paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar an la Corte en forma escrita sus defensas o sus objeciones a las demandas an contra suya. Se ha avisado qua si usted no se defienda, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cuaiquier queja o alivio qua as pedido an la petition de demanda. LISTED PUEDE PERDER DINERO O PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 - 249 - 3166 1 FARMERS NATIONAL BANK OF NEWVILLE Plaintiff v DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. "- -6-ba7 (ei?( 7, CIVIL ACTION - LAW MORTGAGE FORECLOSURE COMPLAINT AND NOW, Comes Plaintiff, Farmers National Bank of Newville ('Bank"), by and through its attorneys, Saidis, Shuff & Masland, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Farmers National Bank of Newville, is a national banking association organized and existing under the banking laws of the United States of America with a principal regional office located at PO Box 156, One Big Spring Avenue, Newville, PA 17241. 2. The Defendant(s), Donald L. Flagle II and Amanda S. H. Falgle is/are adult individual(s) whose last known address is 65 South High Street, Newville, PA 17241. 3. On or about September 9, 1996, Defendant(s) borrowed from and agreed to repay to Bank the sum of eighty-five thousand and 00/100 dollars ($85,000.00) ("Loan"). As security for the Loan, Defendant executed and delivered to Bank a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Cumberland County, Pennsylvania known as 656 South High Street, Newville, PA 17241. At all times relevant hereto, Defendant(s) is/are and remains the record and sole owner of the Property. A description of the Property is attached hereto, made a part hereof and marked Exhibit "A". 4. On or about September 17, 1996, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Book 1341, Page number 612. A copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit "B". 5. The Mortgage was never assigned by Bank and is still held by it as a valid and subsisting SAIDIS, SNUFF & MASLAND ATPORNEYS•AT•LAW 26 W. High Street Carlisle, PA obligation of Defendant. 6. Under the terms and conditions of the Note ("Note"), Defendant agreed to make monthly payments to Bank in the amount of seven hundred forty-two and 65/100 ($742.65) beginning on ninth day of October, 1996 and continuing on the ninth day of each month thereafter. A copy of the Note, evidencing the Loan is attached hereto, made a part hereof and marked Exhibit "C". 7. Defendant has breached the terms and conditions of the Mortgage and Note and is in default under such terms and conditions because he has failed to make the payments required in accordance with the terms thereof. 2 8. Defendant also agreed under the terms of the Mortgage that in the event of default thereunder he would pay costs incurred by Bank as a result of the institution of these legal proceedings. 9. The obligation owed by Defendant to Bank continues to accrue interest thereon at the rate of twenty-one and 3687/100 dollars ($21.3687) per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys' fees. 10. The combined Act 91/6 Notices were forwarded to Defendant on January 4, 2000, by First Class Mail and Certified Mail, return receipt requested, addressed to Defendant. A copy of said Notice is attached hereto and marked Exhibit "D". 11. Copies of the postal forms, evidencing the mailing of said Notices are attached hereto and marked Exhibit "E". 13. Bank believes, and therefore avers, that Defendant has not applied for assistance under the Act. 14. As set forth above, Bank has made demand upon Defendant herein to cure the default under the aforesaid Mortgage and Note. However, Defendant has refused and failed and continues to refuse and fail to cure this default. 15. Defendant is presently indebted to Bank, as of June 9, 2000, 2000, in the amount of ninety-three thousand four hundred sixty-nine and 11/100 Dollars ($93,469.11) itemized as follows: Principal Balance $82,100.91 Interest to and including June 09, 2000 @ $21.3687 per diem $ 6,709.77 Past Due Fee $ 408.43 Attorney Fees $ 4,250.00 SAIDIS, SHUFF & MASLAND ATrORMYS•AT•LAW 26 W. High Street Carlisle, PA TOTAL DUE $93,469.11 3 WHEREFORE, Plaintiff, Farmers Bank of Newville, demands judgment against Donald L. Flagle II SAIDIS, SHUFF & MASLAND ATrORMYS-AT•WW 26 W. High Street Carlisle, PA and Amanda S. H. Flagle Defendant(s), in the amount of ninety-three thousand four hundred sixty-nine and 11/100 Dollars ($93,469.11) plus interest at the rate of twenty-one and 3687/100 Dollars ($21.3687) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. Dated: -?` 13 "0-v SAIDIS, SHUFF & MASLAND By: J a ily, Es ire reme Court ID 3147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 4 RECOVER JUL 14 THE FARMERS NATIONAL BANK OF NEWVILLE Plaintiff DONALD L. FLAGLE II and AMANDA S. H. FLAGLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Defendant(s) I MORTGAGE FORECLOSURE VERIFICATION I verify that statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. The Farmers National Bank of Newville Date: 02-13-09 B . J es . howvaker 5 ALL THAT CERTAIN tract: or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows! HOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an alley, on the South by lot now or formerly of Elizabeth Alter and on the West by High Street. Containing LhitLy (30) feet by one hundred seventy (170) feet in depth, be the same more or less SUBJECT to all conditions, restrictions, covenants, easements and rights-of--way of record. BEING the same premises which Howard E. Miller and Ester R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book U, Volume 35, Page 595, granted and conveyed unto Donald L. Fl.agl.e, li and Amanda S. H. Flagle, his wife. BEING further Identified as tax parcel # 2`1-20-1"159-04'1 of the records of Cumberland County, Pennsylvania, and known an 65 South High Street, Newville, Pennsylvania. EXHIBIT A Exhibit "A" BOOK134trar Gif; Z. ',I ROBERT P. ZIEGLER RECORDER OF DEEDS ,UMGERLAND COUNTY-PA '96 SEP 17 RM 1103 )Space Above This line for Recording Oalal MORTGAGE THIS MOR (GAGE ("Security Instrument") is given on ...Seiatember 9. ..... ("Borrower"). this Security Instrument is given to .FARMERS _NAT IONAL_DARK _... .0F...NE.WV1l,LF.. PA.. .. .. . ....................................................... , which is organized and existing under thelaw9ol ..P.ennaylv.anla.... and whose address is 1...West;..H.iq..Spr.ing..Avenue........ Nerav1.11ee...PA... J3J41... ......................... ("lender'). Borrower owes Lender the principal sum of ... E.IGHT.Y.. F IV E.. THOU .SANU-.--r. --.-.r-:-rnr.-a--r.--=..--.------------.---------n- Dollars (U.S. 885.x.000...00.. ) This debt is evidenced by Borrower's note dated the saute date as this Security Instrument ("Note"), which provides for monthly paymcnts, with lite (till debt, if not paid earlier, due and payable on ....... ....... ...... ... . i his Security Inslru merit secures to Lender: (a) [Ire iepaytne ill of the debt evidenced by the Note, with interest, and all renewals, extensions and rnorf f ncatwus of the Note: (b) the paytruent of all (it her sums, with interest, advanced undcr )?at Agraph 7 to )a olect file Sean i(y of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to lender the following described property located in .6a..Sp.u.th- Hig.b..Str.e.e.t.,....Ne.v.Ak1 le.. land ............................... County, Pennsylvania: See ExhibKlit "All attached hereto and incorporated by reference herein. which has the address of .6.5.. South.. If igh.. Stree.t.r..Nevvtlh le.. Borough.. New.vkki l.e .... . IStreet) (City( Pennsylvania . _ 1.7291 ("Property Address'); (tip Cade[ -F06L 1 If LR WITH all the innpruvcuncnty now or hereafter erected on the property. and all easements, appurtenanccs, and fixtures now of hereafter a part of the property- Alt wFolaceiriums and additions shall also be covered by this Security Instrument. Ali of the foregoing is rcfcrrcd to in this Security Instrtnnent as the "Property." BORKOW LK COV ENAN I S (fiat tomrower is lawfully seised of thouestate hcrcbyconvcyed arid hasthe rightto tiiot-tgage, grant-otntl ctmvcy the Ptopctty and that Utc Property is uncncumbctcd, except for encumbrances of record. Borrower warrants and will defend generally the tithe to the Property against all claims and demands, subject to any encumbrances of record. THIS SECi1RITY INSTRl1MF.NT combines uniform convenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFOI( M COVENAN I S. Borrower and fender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when title the principal of arat interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds lur'raxesand Insurance. Subjcul to applicable law or to awrillcn waiver by Lender, Borrower shall pay to Leader utr (tie day monthly payments arc due tinder the Note, until the Note is paid in full, alum ("Funds") for: (a) yearly taxes and assessments which niay attain priority over this Security Insit'unnent as a lien un the Prupcrty; (b) yearly leasehold payments or ground rents on the Property, it any; (c) yearly hazard or ptupcrty insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if tiny; and (f) any sums payable by Burrower to Lender, in accordance with the provisions of paragraph g, in lieu of the payout trt of uo [gage iris urn true prerrui unts. I hest items are called "Escrow hems."I..cndcr may, at any time, collect and hold Funds in ern amount not to cxcectt the tnaxitnlrm amount it leudut (or a federally related mortgage loan fully tequire for Bortowcr's escrow account tinder the federal Real Ls[ate Settleuueut Procedures Act at 1974 as amender) from litre to tine, 12 U.S.C_ § 2601 rr .Try. ("It LSPA'), unless another law that applies to the 1 unds sets a lesser amount- If so, Lender may, at any time, collect and hold Funds in ;m arnount not to exceed the lesser amount- Lender may estimate the amount of Funds due on flit basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. I he Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, orenthy(including Lender, if lender is such an institution) of in any federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items- Lender may not charge Burturver fur holding and applying the Funds, alinually analyzing the escrow account, or verifying the Escrow hems, unless Lender pays Borrowcr interest on the Funds and applicable law pernifls Lender [u make such a charge. However, Lender may require PENNSYLVANIA-Single Family-Fannie Mee/Freddie Mat UNIFORM INSTRUMENT Form 3039 (9/90) (ira. r ,!f+r.K,-,) BOt1M 19341 PAGE 6JL2 EANNIBI 1 8 g0 'd L0'6i 0061-dZ-90 Borrower to pity it one lime chat ge tot an independent real estate tax reporting service used Fly n.cnucr m connection Willi tills ioau, umcb, applicable law pt ovides otherwise. tl nless an agreement is made or applicable law requires interest to be paid, Lender shall not he required to pay Borrowet any ntlcrcal rtr eat rings on the Funds. Borrower and Lcndcr may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Burrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. the Funds art: pledged as add itional security for all stunssecui cd by this Security Instrument if the Funds hcid by Lcridet exceed the amounts permitted to be hod by applicable law, Lcndcr shall account to Borrower for the excess Funds in accordanet; with the requirements of applicable law. If the amount of the Funds held by Lender tit any tittle. is not sufficient to pay the Fscruw Items when If tie, bender may so not it y Burrower in writing, and, in such case, Borrower shall pay to Lender the aninn»r necessary to make up the deficiency. Burruwer shall make up the dclieiency in no more than twelve monthly payments, at Lender's sole discretion Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under pai agi aph 21, Lcndcr shall acquire tit sell The Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the tittle of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. linless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied- rest, to any prepayment changes due under the Note, second, to amounts payable under paragraph 2; third, to interest duc; fourth, to principal due. and last, to any late charges due under the Note. 4, Charges; Liens. Buttowet shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments ur ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payrrtrlrn. Borrower shall promptly furnish art Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borower shall promptly furnish to Lcnder receipts evidencing the payments. Borrower shall pl ontpily discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lieu in n manner acceptable to tender, (b) contests in good faith the lien by, or defends against enforcement of the lien in; legal proceedings which in the Lcndcr's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien all agteenrent satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Picipefty is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identif ying the lien, Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 Jays of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing ur hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage"and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall nut be unreasonably withheld. If Borrower fads to maintain coverage described above, Lender may, at Lendcr's option, obtain coverage to protect Lenders rights in the Property in accordance with parngraph 7. All insurance policies and renewals shall be acceptable to Lender and shallincludc at standard mortgage clause. Lender shall have the right to hold the policies and renewat's. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal nurccs In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lcndcr and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, of the rcslotalion err repair is cconumtcaBy feasible and Lender's security is not lessened. If the restoration or repair is not econonucally feasible or Lcndcr's sccurily would he lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, ordoes not answer within 30 days a notice from Lender that the insurance carrier has offered to settle aclaim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-lay period will begin when the notice is given. Unless Lender and borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date o(th : monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the property is acquired by Lender, Bofrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue, to occupy the Pr opci ly as Bur rower's principal residence for at Icast one year after the datc of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whethercivil orcriminal, is begun that in Lender's good faith udgment could result in forfeiture of the Property m' otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to he fismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other naterial impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if 3ofrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to )rovide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, epresentations concerning Borrowcr's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall tot merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rightsin the Property. If Borrower fails to perform the covenants and agreements contained in this Security nstrunlent, or there is a legal proceeding that may significantly affect Lender's rights lathe Property(such as a proceeding fn bankruptcy, lobate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to ruled the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien hhas priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to alit repairs Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall:brcomq additional deft o7 ftiWer secured by this Security nstrumcm UnlcssBorrower andLender agree toother terms ofpayment, these amounts shbllbearinterest from thedate ofdisbursement t the Note late and shall be payahic, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If I.ender required mortgage insurance as acondition of making the loan secured by this Security Instrument, orrnwet shall pity the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance ..overage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially quivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Burrower of the mortgage BooK 1341 rtla 613 Form 3039 9190 (page 2 y/0 page,) v0-d d0'bl 0061-dZ-90 coverage is not available. But rowel shall pay to Lender each month a sum equal to onc-twelfth of the yearly mortgage insurance, premium being paid by Hot r ewer when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these paytoents as a loss reserve in lieu of mortgage insurance. Loss reselve payments play mo longcrbe required, at the uptiun of Lendcr, if mortgage insurance coverage (in the action tit and fort huperiod that Lender rcgpires) provided by an insurer approved by Lender again becomes availableand is obtained Borrower shall pay the premiums required toi maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends to accordance with any written agreement between Burrower and Lender or applicable law. 9. Inspection. Lender or its agent may make^fedNlf P!4F upon and inspections of the Property. Lender shall give Burrower notice at the time of ur prior to an inspection speci6i,FNEIMr use for the inspection 19. Condemnation. The procccds of any award or chda' pr ges, direct or consequential, in connection with any condemnation or other taking of any part of the Property, of fot' conveyance in IiTffbt ebndemnation, are hereby assigned and shall be paid to tender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Burrower, tit the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before lbe taking, divided by (h) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower, in the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Bunowei fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Sccurity Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in willing, any application of procccds to principal shall not extend or postpone the due date of the monthly payments rclccred to iu paragraphs I and 2 or change the amount of such payments it. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lendcr to any successor in interest of Borrowcr sball not operate to release the liability of the original Borrowcr or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums sccurcd by this Security Instrument by reason of any demand made by the original Borrower or Borrower N successors in interest. Any forbearance by fender in exercising any tight or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Sccurity instrument shall bind and benefit the successors and assigns of Lender and Bortowcr, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall tie joint and several. Any Borrower who co-signs this Security Instrument butdoes not execute the Note; (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums sccurcd by this Security instrument; and (c) ngrccs that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms Of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security instrument is subject to a law which sets maximum loan charges and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the chargeto the permitted limit. and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bot t ower. Lender may choose to make this refund by reducing the principal owed under the Notc or by making a direct payment to Borrower. If a refund reduces principal, the reductiun will be treated as a partial prepayment without any prcpayincril charge under the Note. 14. Notices. Any notice to Borrower provided for in this Sccurity Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall bedirectcd to the Property Address ui any ullrer addles, Borrowcr designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lcndcr's address slated herein or ally other address lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall hedeemcd to have been given to Borrowcr or Lender when given as provided in this paragraph. IS. Governing Law; Sevcrability. This Security instrument shall be governed by federal law and the law of thejurisdictiom in which the Property is located. In the event that ;my provision orclausc of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Sccurity Instrument or the Note which can be given effect without the conflicting provision, I o this end the provisions of this Security Instrument and the Note are declared to be severable. 16, Borrower's Copy. Borrower shall be given one conformed copy of the Notc and of this Security Instrument. 17, 'i ransfer of the Property or a Beneficial Interest in Burrower. If all or any part of the Property or any interest in it is sold or transferred lot d it beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall riot be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Burrower notice of acceleration. The notice shall provide a period of tintless than 30 days from (tie date the notice is delivered or mailed within which Borrower must pay all sums secured by this Sccurity Instrument- If Borrower fads to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any little prior to the earlier of. (a) 5 days (or such other period as applicable law only spcrAy fur reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; of (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security f nsf rumcm and the Note as if no acceleration had occurred; (b) cures any default of any other wvennnts or agrccncn(s; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Derider may reasonably require to assure that the licit of this Sccurity Instrument, Lender's rights in the Property and Borrower's obligation to pay the slams secured by this Security Instrument shall continue unchanged. Upon reinstatement by Bun ower, this Secul ity Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sale of Note; Chantfe of Loan Servicer. The Nolc or it partial interest in the Note (together with this Security Instrurncnt) miry be sold one or more limes without prior notice to Borrowcr_ A sale may result in a change in the entity (known as the"Loan Scrviccr-) dial collects monthly payments due under the Note and this Security Instrument. There also may be onc or tore changes of the Loan Scrviccr unrelated to a sale of the Note- If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and tfic address to which payments should he made. The notice will also contain any other information required by applicable law. f10fIK13UPAGE Gill form 3039 (9/90) fpnxa 3 n(Iligpeo S0 -d 60:0I 006S-2Z.-90 1U. 'I i M I AtuuyY suu]anPa 11. nu. 1 11(I1 nu.v? UUI 1..µ11 au I ILµn al Inc, prwuu.a., u. uup+, sun ugc, or rcx.a?a, err auy I,.ri,u Ul rut Substances on of tit t tic Property. Borrower shall lint (to, nor allow anyone else to do, anything affecting the Property that is in violation ail any Fhvitonnicnlai law. The preceding two sentences shall not apply to the presenee, use, or storage tin [ate Property of small quantities of Ilaicirdous Substances that arc generally recogmre(f to he appropriate to normal residential uses and to maintenance of flat; 1roperty, Borrower shall prontptly give [.ender written notice of any investigation, claim, demand. lawsuit or other action by anygovcrnmental or regulatory agcucy of private party involving the Property and any Hazardous Substanceor Environmental Law of which Borrower has actual knowledge. It' Mwt ewer Tear ns, or is notified by any gover'mnental or regulatory authority, that any removal or other rentedim ion of any Hai ardoris Substance affecting the Property is decessary, Borrower shall promptly take all necessary remedial actions to allot laurel with Fnvtronmental I.aw, As used in this paragraph 20, "Harxrdoas Substances- are those substances defined as toxic or hazardous substances by Environmental I,aw and the following substances: gasoline, kcrosone, other flammable or toxic petrolcunt products, toxic pcsnir'idce:uti berhicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means Icdcral laws and laws of the jurisdiction where lite Property is located [fair( retitle (u health, safety of environmental protection, NUN UN[FURM C•UVENANI S. Borrower and Lcndcr further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement In tills Security Instrument (but nut prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the defaltlt must be cured; and (d) that failure to cure the default as specified may result in aceeleraliun of the sums secured by thin Security Instrument, foreclosure by judicial proceeding and sale of the Property. I.ender shall further inform Borrower of the right to relrtstale after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. little default is not cured as specified, Lender at its option may require immediatepayment in full ofall %trial% secured by this Security instrument without further demand and may foreclose tills Security Instrument by Judicial proceeding. Lcuder ,shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not Ilmlted in, attorneys' fees and costs of title evidence lira the extent permitted by applicable law. 22. Release. Upon payment lit all sums secured by this Security Instrument, this Security Instrument and the c•statecoovcyed shall terminate and become void. Alter such occurrence, 1-ender shall discharge and satisfy this Security Instruo'cnt without charge to Borrower. ffnrrower shall pay any iecoidarinn costs. 23. Waivers. Borrower, to the extent permitted by applicable taw, waives and releases any error or defects in proceedings to ertl'owe this Security Instrument, and hereby waives the benefit of any present or future laws providing fair stay of execution. extension tit lime. cacttnptivn flout stiachmcnt, levy and sae, ;anti homestead exemption. 24. Reinstatement Period. Bot rower's time to reinstate provided in paragraph 1 g shall extend to one hoar prior to the cnntmcnccmcrtt of kidding at a sheriffs sale of uthcr sale pursuant to this Security Instrument, 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 25. Interest Rate Afler,fudgruent. }hoirower agrees that the interest rate payable after ajudgment is entered on the Note of its an action of mortgage (oreclosure shell be the rate payable from time to time under the Note. 27, Riders to this Security htstrltnecnt. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agtecnients of each such rider shall be incorporated into and shall amend and supplement the covcnants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] C] Adjustable Rate Ridcr Ul Condominium Rider 0 I-4 Family Rider 171 Graduated Payment Rider E_.1 Planned Unit Development Rider O Biweekly Payment Rider C7 Balloon Rider ED Rate Improvement Rider Q Second Houn: Rider Cl Other(s) Ispccity] BY SIGNING REI.OW, Borrower aeccpts and ;agrees to the terms and covenants contained in this Security Ins[rua(enf tend in fifty -rider(s) executed by Borrower aril recorded with it. Witnesses: ........? ................... .. ........... ..... (Seal) D( nald er II -Bnrrowcr ,....? .. ........ .................... .. ... ............. (Seal) Arnandn S.1f.. F le -Borrower [$0ace adaw This Line For Aeknowledpnaat] ('OMMON W EAL fffOF PENNSYLVANIA, _Sarmherl and . .,. _ County sir: bn this, the _91h _..__.dayof _ Sei2_temher 19 96 .before Inc, Ri.rha rd Lr Webber, t7rr the undersigned officer, fictionally appeared -_I)S171sjj1.d__T,r? I,_ E1- ?ta9.c1e__rt fL_ , ?known to me (or eatisfadortly proven) to he the pcraon(s) insTrAtiRlll ?It?kckr?{areugm?:fl olio wife .- cxcametl the sa"I, IeI cite pLaf-,c. htrri....... md. ... .. .... -__.. IN WI I'NrSS Will air OI . I IIeIe1111n+1d my hand xnd nthanl seal. My Cnmmisuon ospircs r? '`?,? MAMIE 4 )o /µ5D ` rQ /o ) aalMlmliE FillbliC?......•Yi.-.=rrr;' 29 I hereby certify I)'-' the preche address of the within Mong.yce (Condor) is 1 w' 90 °d aooklMtPAGE t Y t ?I°FI'' a L ndtir?ei eipr J'id'da.". ti.4.rL?irua'?19s. f.?uJ k 4r-x..41241 ire:l l ,7RTJY fl t u ?i Inrf ? i'iee r [?bi 006L-LZ.-4B-' NOTE ... Se ptPmTiTr...9....... ._. 19...9 ... ....NeHYill l q s ' (cur] (state) 65 South High Street,,, Newvillc, VA J.7241 (Property Addreaal 1. BORROWER'S PROMISE TO PAY It, return for a loan that I have received, I promise to pay U.S. s.,. 05.,(IOQ.00 ........ (this amount is called "principal"), plus interest, to the order of the Lender.'I'he Lender is x.(1S ..l cuFm??9...N9.f.19.rt#.1...?ank_.o> ..NG;WY.6A.1.t , ....1...W.. Btg..Sgri;lla enue,,. NewviJ.lg,_„F'.^..17241 ........ I rmdcrslaad that the Lender may transfer this Notc. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged oil unpaid principal until the full atnount of principal furs been paid. t will pay interest at a yearly rate of....... 91£.... ......%. the interest rate required by this Section 2 is the rate I will pay built before and after any default described in Section 6(0) of this Note 3. PAYMENTS (A) 'rime and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the ...9th ...... day of each month beginning on.llcto.baz...9......... ..... _._...,.., 19 . `l.b... I will make these payments every month until I have paid 41 of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal- if, on SP.pL ieMbP.r..9.,_ 21121 ..... ............. . I still owe amounts under this Note. I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments of .T.he.Farmere National Bank of Newville,,,,1„W,;,_itiE„SPrigR ....... .................................. five. , . Newt/ i l le , P.. .17241 .... or at a different place if regoi red by the Note Holder. ....... 1...... (11) Amount of Monthly Payments My monthly payment will be in the amount of U.S. 5.14.2,.65 ................................ 4. BORROWER'S RIGHT 1'O PREPAY I have the right Io make payments of principal at any time before they ate due. A payment of principal only is known as a "prepayment." W hen I make a prepayment, 1 will tell the Note Holder in writing that I am doing so. 1 may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note_ If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest of other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to tile- The Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late (charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of ...... ............ calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be.. 5 .......... % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each Into payment. (R) Default If I do not pay the full amount of each monthly payment on the date it is duc, I will be in default. (C) Notice of Default If I am in default, the Note Bolder may send me a written notice tciling me that if I do not pay the overdue amount by a certain date, the Note Bolder may require ere to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when t ant in default, the Note (Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (F:) Payment of Note holder's Costs and Expenses If the Note (folder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for ell of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice lbat most be given to me under this Note will be given by delivering it or by mailing it by first class trail to me at the Property Address above or at a different address if I give the Note 1 folder a notice of my dilrerent address. Any notice that must be given to the Note holder under this Note will be given by mailing it by first class mail to the Note I[older at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address MULTISTATE FIXED RATE NOTE-single Family-FNMAIFHLMC UNIFORM INSTRUMENT Form 3700 17/43 F0 -d EXH9811 'i? 9&:80 0061-6t-40 A. OBLIGATIONS OF PERSONS UNDER THIS NOTE If inure than ones person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together.'Lhis means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presemmenl" means ilhc right to require the Note holder to demand payment of amounts due. "Notice of dishonor" means (he right to require the Note Holder to give notice to other persons that amounts due have not been paid. 14. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Not: Holder from possible losses whicb might result if I do not keep the promises which 1 make in this Notc. That Security Instrument describes how and under what conditions I may be required to make immediate payment iu full of all amounts I owe under this Note. Sonic of those conditions are described as follows: Transfer of the Property or a Beneficial Iutereat In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all surns secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If tender exercises this option, Lender shall give Burrower notice of acceleration. -1 he notice shall provide a period of not Ins than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS 'I HF HAND(S) AND SEAL(S) OF 1HE UNDERSIGNED ..............CY...... W ................. ., D and L. Fla e L ............... (Seal) -aorrorrer ......... ................ ..... ..(Seal) Amanda S. It. Fla le -Borro"r ....................................................................... _.................... ..... .....--......(Seel) -unto [Sign 01igin®1 Only] 19=80 0065-6[-V0 ae 'a ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 4, 2000 To: Donald L. Flagle, II Amanda S. Flagle 65 South High Street 65 South High Street Newville, PA 17241 Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY' RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on Your home is in default and the lender intends to foreclose Specific information about the nature 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 the counseling 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 Aaencv toll free at 1-800-342-2397. (Persons with impaired hearing may call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. Sl NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Donald L. Flagle II 65 South High Street Newville, PA 17241 Amanda S. Flagle Loan / Account number: 28202 Original Lender: Farmers National Bank of Newville Current Lender / Servicer: Farmers National Bank of Newville EXHIBIT D 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 TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed 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 designated consumer credit counseling agencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried 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 Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer 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 application MUST 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 IN THIS 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. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During 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 PURPOSE 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 it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: June 1999 thru December 1999 at $742.65 per month. Monthly Payments Plus Late Charges Accrued $ 5,198.55 NSF: $ n/a Inspections: $ n/a Other $ n/a (Suspense) $ n/a Total amount to cure default $ 5,198.55 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,198.55, 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: James E. Showvaker, Farmers National Bank of Newville, One Big Spring Avenue, Newville, PA 17241 (717) 776 - 5312. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. 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 the 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney'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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to ay attorney'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 - If you have not cured the default within 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 pavin the total amount then past due, plus any late or other charges then due, reasonable attorney'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. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Farmers National Bank of Newville, one Big Spring Avenue, Newville, PA 17241, James Showvaker (717) 776 - 5312. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _x_ may or _ 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 attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • 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 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.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, ND Jo J. Deil squire cc: Our client (Account no.) Mailed by 11` Class mail / Certificate of Mailing and Certified Mail No.: Z 013 271 294 4 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENICIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342.2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc 2000 Linglestown Road - Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3m Street Waynesboro, PA 17268 (717)762.3285 Urban League of Metropolitan Harrisburg 25 North 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 5 ACT 91 / 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: January 4, 2000 To: Donald L. Flagle, II Amanda S. Flagle 65 South High Street 65 South High Street Newville, PA 17241 Newville, PA 17241 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. 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 the counseling 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 may call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY Homeowner's Name(s): Property address: Loan / Account number: Original Lender: Current Lender / Servicer Donald L. Flagle II Amanda S. Flagle 65 South High Street Newville, PA 17241 28202 Farmers National Bank of Newville Farmers National Bank of Newville 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 TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed 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 designated consumer credit counseling agencies for the County in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in a default for the reason set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried 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 Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer 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 application MUST 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 IN THIS 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. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During 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 PURPOSE 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) 2 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: Insert Property Address IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: June 1999 thru December 1999 at $742.65 per month. Monthly Payments Plus Late Charges Accrued $ 5,198.55 NSF: $ n/a Inspections: $ n/a Other $ n/a (Suspense) $ n/a Total amount to cure default $ 5,198.55 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $5,198.55, 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: James E. Showvaker, Farmers National Bank of Newville, One Big Spring Avenue, Newville, PA 17241 (717) 776 - 5312. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. 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 the 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 total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON - The Mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney'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 attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount owed to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney'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 - If you have not cured the default within 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 paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and 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. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Farmers National Bank of Newville, One Big Spring Avenue, Newviile, PA 17241, James Showvaker (717) 776 - 5312. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _x_ may or 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 attorney's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • 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 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.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, SAIDIS, SH D Jo J. eil squire cc: Our client (Account no.) Mailed by 151 Class mail / Certificate of Mailing and Certified Mail No.: Z 013 271 296 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENICIES THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE AT 1 (800) 342-2397 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Services Unlimited 117 West 3itl Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX # (717) 232.4985 YWCA of Carlisle 301 G Street Cadisle, PA 17013 (717) 243-3818 FAX #(717)243-3948 IAV BE USED FOR DOMESTIC AND INTERNATIONAL MAII ROVIDE FOR INSURANCE-POSTMASTER Receive Law Offices - SAIDIS, SHUFF & MASLAND 26 West High Street - Carlisle Pennsylvania 17013-2956 One piece of ordinary mail addressed to: Donald L Flagle II - 65 South High Street Newville PA 17241 PS Form 3817, Mar. 1989 m o Co <' c o. r D? m N C/) CD fD EXHIBIT E ING Affix fed here in-stamps S NOT or meter postage, and post mark.. Inquire of - Postmaster for current feer'f., iF a ? MC: (D (? ? N !p w -p ? 0- 0 A UU n N fD ? ? r nl CL ? r 41 PS Form 3800, April 1995 ..y.. a; °z 9 a a c' s u, v a s' ? a $ ? n m j N .P^ ?? S T t „_ O W ?- z 0) mC"3 O 3 lD vC fD 3 N (gyp N D3?f1 m Dy C3 N Cn W A M _j r CL ru it >v 3 S. fl. ? m U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Receiv Law Offices - SAIDIS, SHUFF & MASLAND _ 26 West High Street - Carlisle Pennsylvania 17013-2956 - One piece of ordinary mail addressed to: Amanda S Flagle - 65 South High Street Newville PA 17241 Affix fee here in stamps or meter. postage and post mark. inquire of Postmaster for current fee. PS Form 3817, Mar. 1989 /m m/? 0 m m 0 C- a rno z CD ? N Cm =ca ti mgr D V =? 4 C (D N \/ n N V, R 1? TS?_ VI y c-71 Y P21 i w m ? oR w cn r z d r-4 O r w fU ti -0 r n C ? H^?° N w w ? b r a a - 4 I 1 I N 0 I r W IV ? r ri Z m > , a Fco m . cc C u=rn D? T V 3 N cn 10 (D A r ? fD ?? ?- --a S? r -d G ("J r.?, t C_ Ci y-, t?^? ?_ Rl f'?; 1-- _ . I J: ?_., 7 r -- ?' ? _ -_ __ ??? _. J`i yC .. ??e. 1 ? -? ?.? -: PV = FARMERS NATIONAL BANK : IN THE COURT OF COMMON PLEAS OF OF NEWVILLE : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No.: 00-5027 VS. Civil Action - Law DONALD L. FLAGLE II and AMANDA S. H. FLAGLE Defendant BRIEF IN OPPOSITION TO PRELIMINARY OBJECTIONS OF THE DEFENDANT AND NOW comes the Plaintiff, Farmers National Bank of .Newville, by and through its attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Brief: 1. STATEMENT OF FACTS On or about September 9, 1996, Donald L. Flagle, II and Amanda S. Flagle (hereinafter "Flagle") entered into a mortgage agreement with the Farmers National Bank of Newville (hereinafter "Bank"), for the sum of $85,000.00. As security for the loan, a mortgage was executed by Flagle for the property known as 65 South High Street, Newville, Pennsylvania. Under the terms of the promissory note, also executed SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA simultaneously by Flagle, the Flagle's agreed to make monthly payments to the Bank in the amount of $742.65 beginning on October 9, 1996 and due on the 9th day of each month thereafter. On or about June of 1999, the Flagle's defaulted under the terms of the mortgage by failing to make the monthly payment for June of 1999 and subsequent monthly installments. The Bank began mortgage foreclosure proceedings by sending the requisite notices under the Homeowner's Emergency Mortgage Assistance Act of 1993; copies of said Notices are attached to the foreclosure complaint. Failing to pay the loan current pursuant to the Notices, the Bank then instituted the instant mortgage foreclosure action. The Flagle's filed "Preliminary Objections" pro se on or about August 11, 2000, alleging insufficient specificity in a pleading. II. STATEMENT OF THE ISSUE INVOLVED WHETHER THE BANK, AS THE PLEADER IN THE MORTGAGE FORECLOSURE COMPLAINT, WILL BE ABLE TO PROVE FACTS LEGALLY SUFFICIENT TO ESTABLISH ITS RIGHTS TO RELIEF IN THE MORTGAGE FORECLOSURE ACTION? SUGGESTED ANSWER IN THE AFFIRMATIVE. SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA III. DISCUSSION In ruling on preliminary objections, the Court must accept, as true all well-pleaded material allegations in the Complaint, as well as any inferences reasonably deduced therefrom. Pennsylvania Dental Hvcrienists' Association v. 2 State Board of Dentistry, 672 A.2d 412 (Pa. Cmwlth. 1996). The test is whether it is clear from all of the facts pleaded that the pleader will be unable to prove facts legally sufficient to establish his or her right to relief. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976). Under Pennsylvania Rule of Civil Procedure 1147, provides that the plaintiff shall set forth in their complaint: 1. The parties to of the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments; 2. A description of the land subject to the mortgage; 3. The names, addresses and interest of the defendants in the action and that the present real owner is unknown if the real owner is not made a party; 4. A specific averment of default; 5. An itemized statement of the amount due; and 6. A demand for judgment for the amount due. In a mortgage foreclosure complaint as filed by the Bank, SAIDIS SHUFF, FLOWER & LINDSEY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA all of the requirements under this Rule of Civil Procedure have been met. Specifically, and to address Defendants Preliminary Objections seratim: 1. The Complaint alleges in Paragraph 6 the amount of the monthly payment ($742.65), which is due on the specific day of the month (the 9th day of each month thereafter); 2. A copy of the Note was even attached and marked as Exhibit "C"; 3 3. Again, under Paragraph 6, the Complaint stated the individual payment amount ($742.65) were due and were delinquent, and by the requisite Act Notices attached as Exhibit "D" of the Complaint, it was specifically stated that the delinquent month of payment began in June, 1999 and continued through subsequent payments until payment was received; 4. The total dollar amount alleged to be delinquent can be found in Paragraph 15 ($93,469.11), plus interest at the rate of $21.3687 per day and for costs for foreclosure and sale of the mortgaged premises. Finally, the name of the Bank representative was listed SAIDIS SHUFF, FLOWER & LINDSEY ATrORNEVS•AT•LAW 26 W. High Street Carlisle, PA in the Act Notice and the name of the attorney, the undersigned, is listed in the mortgage foreclosure Complaint. At any time, the Flagles would have the opportunity to contact either the Bank or the attorney representing the Bank to find out the specific amount owed at any given time once foreclosure actions started. Further, Paragraph 18 of the mortgage foreclosure Complaint attached as Exhibit "B" of the Complaint, provides that the Flagles would have the right to reinstate and cure any default by making payment to the lender all sums that would be due under the Security Agreement, as if no acceleration had occurred. It is clear that the Preliminary Objections to the Complaint as filed by the Flagles was solely a tactic to avoid making mortgage payments. There is no valid basis for the 4 filing of the Preliminary Objections and the Complaint document as filed is clear to show that the Bank would be able to prove the facts legally sufficient to establish its right to foreclose under the terms of said mortgage. WHEREFORE, the Plaintiff prays Your Honorable Court to dismiss the Preliminary Objections to the Complaint and to Order the Defendants to file an Answer to the Complaint within 20 days of the day of the Order. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated 3- 16-0 J na J opecky, BCC A orne .D. #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSEY 26 W. High Street Carlisle, PA 5 CERTIFICATE OF SERVICE On this day of )-222/2 2001, I, hereby certify that I served a true and correct copy of the foregoing Brief in Opposition to Preliminary Objections upon all parties of record via United States Mail, postage prepaid, addressed as follows: Donald L. Flagle, II Amanda S. H. Flagle 65 South High Street Newville, PA 17241 SAIDIS, SNUFF, FLOWER & LINDSAY By. _ SAIDIS SHUFF, FLOWER & LINDSEY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA I The Farmers National Bank of Newville In The Court of Common Pleas of VS Cumberland County, Pennsylvania Donald L. Flagle II and Amanda S.H. Writ No. 2000-5027 Civil Term Flagle R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Johnna Kopecky. Sheriff's Costs Docketing 30.00 Surcharge 30.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.50 Share of Bills 25.66 Mileage 12.42 Levy 15.00 Advertising 15.00 Certified Mail 2.46 Poundage 11.20 Postpone Sale 20.00 Law Journal 223.55 Patriot News 169.59 $ 571.38 paid by attorney Sworn and subscribed to before me So Answe This a7 w day of R. Thomas Kline, Sheriff 2001, A. BY JO &q Prothonotary Real Estate Deputy 1,6'0 az-? 360-3 U u" I2-2 /0 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 PRAECIPE FOR WRIT OF EXECUTION P.R.C.P. 3101 TO 3149 THE FARMERS NATIONAL BANK Of NEWVILLE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-5027 Civil Term v. DONALD L. FLAGLE 11, and AMANDA S. H. FLAGLE WRIT NO. AMOUNT DUE: $93,469.11 INTEREST AT $21.3687 per Diem FROM 06/09/2000, thru Date of Sale ATTY. COMM.: $4,250.00 COSTS: TO 6F ADOFD Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania: (2) against: Donald L. Flagle II and Amanda S. H. Flagle, 65 South High Street, Newville, PA 17241. (3) and against the following Gamishees: N/A (4) and index this writ Donald L. Flagie II and Amanda S. H. Flagie, 65 South High Street, Newville, PA 17241. (b) against NIA Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishees as follows: all that certain tract of land situate in Borough of Newville, Cumberland County, Commonwealth of Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241.. (5) Exemption has (not) been waived. SAIDIS, SNUFF, FLOWER & LINDSAY Dated: August 24, 2001 By. js nn . Kopec , Esquire Attorneys for Plaintiff Donald L. Flagle 11 and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 Johnna J. Kopecky, Esquire ID # 53147 Sardis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L, FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Farmers National Bank of Newville, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of execution was filed the following information concerning the real property consisting of one tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. Name and address of owners or reputed owners: Donald L. Flagle Il and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 2. Name and address of defendants in the judgment: Donald L. Flagle 11 and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 SAIDIS PUFF, FLOWER & LINDSAY a7'rORNL'YS•AT•LAW 26 W. High Street Carlisle, PA 3. Name and address of every judgment creditor (other than the Plaintiff herein) whose judgment is a record lien on the real property to be sold: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 Cumberland County tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder (other than the Plaintiff herein) of every mortgage of record: The Farmers National Bank of Newville PO Box 156 One Big Spring Avenue Newville, PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: 16 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: Nahe I, Johnna J. Kopecky, Esquire, attorney for the Plaintiff, The Farmers National Bank of Newville, verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS IUFF, FLOWER & LINDSAY MORNEYS•AT•LAW t6 W. High Street Carlisle, PA _ Dated: August 24, 2001 By: JAnn . Kopecky, squire Attor eys for Plaintiff Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book " U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V. DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE TO LIEN HOLDERS PURSUANT TO PA. R.C.P. 3129 SAIDIS HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA NOTICE IS HEREBY GIVEN TO the following parties who hold one or more mortgages, judgment or.tax liens against the real estate of DONALD L. FLAGLE II and AMANDA S. H. FLAGLE. Donald L Flagle II and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 The Farmers National Bank of Newville PO Box 156 One Big spring Avenue Newville PA 17241 American General Finance, Inc. 125 Gateway Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 1: You are hereby notified that on December 5t", 2001, at 10:00 a m. prevailing time, by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, on the judgment of The Farmers National Bank of Newville v. Donald L. Flagle II and Amanda S. H. Flagle, No.00-5027 in the amount of $93,469.11 plus interest from June 9th, 2000 at $21.3687 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises, the Sheriff of Cumberland County, Pennsylvania will expose at Public Sale at the Cumberland County Courthouse, Commonwealth of Pennsylvania, real estate of Donald L Flagle If and Amanda S. H. Flagle, known as that tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. A description of said real estate is attached hereto. You are further notified that a Schedule of Proposed Distribution will be filed by the Sheriff of Cumberland County within thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless exceptions are filed thereto within ten (10) days thereafter. You are further notified that the lien you hold against said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being notified of said Sheriff Sale. Dated: August 24, 2001 By: . Joh,?a J. I pecky, Esquire Attorney for Plaintiff SAIDIS HUFF, FLOWER & LINDSAY A7T't1RMY5•AT•LAW 26 W. High Street Carlisle, PA 2 ei Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle 11 and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE 11 AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 Johnna J. Kopecky, Esquire ID # 53147 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013-2956 717-243-6222 THE FARMERS NATIONAL BANK Of NEWVILLE Plaintiff V., DONALD L. FLAGLE II, and AMANDA S. H. FLAGLE Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 00-5027 Civil Term CIVIL ACTION - Law MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: December 05, 2001 TIME: 10:00 A. M. Prevailing time LOCATION: Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 SAIDIS HUFF, FLOWER & LINDSAY ArrORNEY6•AT•LAW 26 W. High Street Carlisle, PA THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: all that certain improved tract of land situate in Borough of Newville, Cumberland County, Pennsylvania, known and numbered as 65 South High Street, Newville, PA 17241. THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to The Farmers National Bank of 1 Newville. v. Donald L. Flagle II and Amanda S. H. Flagle, No. 00-5027 for $93,469.11, plus interest from June 09, 2000 at $21.3687 per diem, costs, attorneys' fees and for foreclosure of the mortgaged premises until the Sheriff Sale. THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property are: Donald L, Flagle If and Amanda S. H. Flagle 65 South High Street Newville, PA 17241 SAIDIS RUFF, FLOWER & LINDSAY ATTOENEYPAT•LAW 26 W. High Street Carlisle, PA A SCHEDULE DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. IT HAS BEEN ISSUED BECAUSE THERE IS A I ID M NT AGAINST YOU_ IT MAY CAUSE YOUR PROPERTY TO B HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 2 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation to the Court. A copy of the Writ of Execution is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS fIUFF, FLOWER & LINDSAY ATTOANM-Ar- AW 26 W. High Street carlisle, PA Dated: August 24, 2001 Sy: Jots na J'' opecky, ire Attorne ` for Plaintiff 3: Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, Newville, PA 17241 Borough of Newville, Cumberland County Tax Id #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle 11 and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE 11 AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 "I Donald L. Flagle II and Amanda S. H. Flagle 65 South High Street, NeWile, PA 17241 Borough of Newville, Cumberland County Taxld #27-20-1756-047 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty (30) feet by one hundred seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, restrictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumberland County Deed Book "U" Volume 35, Page 595 granted and conveyed unto Donald L. Flagle II and Amanda S. H. Flagle, grantors herein BEING SOLD AS THE PROPERTY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBERLAND COUNTY JUDGMENT NUMBER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 00-5027 CIVILM COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF Curnberland To satisfy the debt, interest and costs due The Farmers National Bank of Newville from Donald L. Flagle II and Amanda S. H. Flagle DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell See Legal Description Attached (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment isfound inthe possession of anyone other than a named garnishee, you are directedto notify him/herthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due $93,469.11 Interestat ,521.3687 per DiemcFFomm, Due Prothy_ Atly's Comm $4,250 % Atty Paid $122.82 Plaintiff Paid Date: August 27, 2001 L.L. 00 Other Costs Curtis R. Long Prothonotary, Civil Division by: / r /?nPtra r' 1' 7? e v/V Depot, REQUESTING PARTY: Name Johnna J. Kopecky, Esq. Address: 26 west Hight Street Carlisle PA 17013 Attorneyfor: Plaintiff Telephone: 717-243-6222 Supreme Court ID No. 53147 REAL ESTATE SALE No. ((o 'A . //, XO/ the Sheriff levied upon the leter°' interest in the real property situated in V6 L? Cumberland County, Pa., known and numbered ?L ?J-L and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: a)y By:J66 0 10 V,l ?e ? OZ gnv AIN1)1 v0? REAL FSMAM $ALE NO. 16 Writ No.-2000-5027 Civil -- The Farmers National Bank of Newville vs. Donald L. Flagle II and Amanda S. H. Flagle Atty.: Johnna J. Kopecky LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in the Borough of Newville, Cumberland County, Penn- sylvania, more particularly bounded and described as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East_ by an Alley, on the South by lot of Elizabeth Alter and on the West by High Street. Containing thirty_(30) feet by one hundred Seventy (170) feet in depth be the same more or less. SUBJECT to all conditions, re- strictions, covenants, easements and rights-of-way of record. BEING the same premises which Howard E. Miller and Esther R. Miller, his wife, by deed dated July 29, 1992 and recorded in Cumber- land County Deed Book "U Volume 35. Page 595 granted and conveyed unto Donald L. Flagle n and Amanda S. H. Flagle, grantors herein. BEING SOLD AS THE PROPER- TY OF DONALD L. FLAGLE II AND AMANDA S. H. FLAGLE, CUMBER- LAND COUNTY JUDGMENT NUM- BER 00-5027 CIVIL ACTION. TAX ID #27-20-1756-047. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 26 day of OCTOBER. 2001 NOTARIAL =ic VL LOIS E. SNYDER, Publ Carlisle Som, cunt a * Cwsbsim Expires MetGh 5, REAL ESTATE SALE No. 16 Writ No. 2000.5027 C (Term The Farmers National Bank of Newvflle Its Donald L. Rollie 11 and Amanda S. tL Flagle Atty: Johnna J. Kopecky DESCRIMON ALL THAT CERTA[N tract or parcel of two situate in the Borough of Newvill% Cumberland County, Permsylvarm morepardcularly bounded and descahed as follows: BOUNDED on the North by the Parsonage of Zion's Lutheran Church, on the East by an Alley, on the beat by lot of Elizabeth Alter and on the W± t by High Street. Containing shiny (30) feet by one hundred seventy (170) feet in depth by the same more mless . ,.., - SUBJECT to all conditions, mtricdons, covenants, easements and righps of-way of record. BEING the same premises which Howard IL Miller and Esther R. Milleg his wife, by deed dated luly 29, 1992 and recorded m Cumberland Comply Deed Hoak "U"Volume 35, Page 595 granted and conveyyed unto Donald L. Flagle II and Amanda S.H. Flagle, gmnMrs herein. BEING said as the propcoy of Donald L. Flagle 11 and Amanda S: H. Flagle, Cumberland County ludgmem Number 00,5027 Civil Action. TAX ID M_7-20-1756-G57. r '1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin) ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The patriot-News and The Sunday Patriot-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 23rd and 30th day(s) of October and the 6th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Go. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Co pany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dau hin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..............................&......1........................................................ COPY Sworn to and sub gibed before me his 19th d6V of vember 2001 A.D. S A L E #16 Notanal Seal--~ A/ Terry L Russell, Notary Public ??u((( ?-rI Harrisburg, Dauphin County My Commission Expires June &2002 N TARY PUBLIC Member, PennayNania Association of Notariddy commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 168.09 Probating same Notary Fee(s) $ 1.50 Total $ 169.59 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. By ....................................................................