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HomeMy WebLinkAbout04-2309 I - HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY; James T. Shoemaker, Esq. ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 187Q4..5815 (570) 287-3000 COMMONWEALTII BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO.O'-/ - 2.3a? CML 2004 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are 590647.1 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 HOURIGAN, KLUGER & QUINN, P.C. \.-/--:S- BY: James T. Shoemaker, Esq. 590647.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION ALLAN M. KLUGER RICHARD M. GOLDBERG JOSEPH A. LACH RONALD V. SANTORA JOSEPH e, Kt..UGER JAMES T. SHOEMAKER DONALD C. UGOR10 MICHELLE M. QUINN DAVID AIKENS. JR. AMAND" V. WRIGHT-KLUGER MlCHAEl.. A LOMBAROO III JOSEPH A. QUINN. JR Af:1THUR L. PICCONE RICHARD S, BISHOP NEIL E. WENNER O"N1EL J, DISTASIO ALEXIA KITA ElLAK€:" MICHAEL J. KOWALSKI RICHARD M. WILLIAMS JENNIFER L. ROGERS uTTZl' JOSl>PH M. LIPINSKI LAW OFFICES SUITE TWO HUNDRED 434 LACKAWANNA AVENue SCRANTON, PA 18503-2014 600 THIRD AVENUE KINGSTON, PA 18704.6815 (570} 346-8414 (570) 287'3000 FACSIMILE (570) 287-8005 E~MAIL: hkq@hkqpc.com FACSIMilE (570) 961-5072 OF COUNSEL RoeERT C, CORDARO ANDREW HOURIGAN, JR 19.48-1918 'ALSO MEMBER NJ BA,:! May 20, 2004 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, P A 17011 Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, P A 17011 RE: Account No.: Property Address: 0586021-0101 4707 N. C1earview Drive. CampHill. PA 17011 IMPORTANT NOTICE TillS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITillN THIRTY (30) DAYS OF RECEIPT OF TillS NOTICE, DISPUTE THE V ALInITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITillN TillRTY (30) DAYS THAT TillS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITTEN REQUEST WITHIN TillRTY (30) DAYS OF THE DATE OF TillS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Verytru1~ ~ James T. Shoemaker TillS NOTICE DOES NOT SUPERCEDE YOUR OBLIGATIONS UNDER THE FOREGOING NOTICE TO PLEAD 611393.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY; James T. Shoemakar, Esquire IDENTIFICATION NO. 63871 LAW OFFICES 600 Third A_ue Kingalon, PA 18704 (570) 287,3000 ATTORNEY FOR Plalnllff MELLON BANK, N.A., now by assignment CITIZENS BANK OF PENNSYLVANIA 8 West Market Street Wilkes-Barre, PA 18711-0101 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVlL ACTION - LAW DENNIS R. RITCHEY and SHERRY y. RITCHEY 4707 N. Clearview Drive Camp Hill, PA 17011 IN MORTGAGE FORECLOSURE Defendants NO.O'l-:UO'OF 2004 COMPLAINT The plaintiff, Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania, (the "Bank"), by and through its counsel, Hourigan, Kluger & Quinn, P.C., complains of the defendants, Dennis R. Ritchey and Sherry Y. Ritchey (the "Ritcheys"), as follows: 1. The Bank is a Pennsylvania state chartered Bank having offices located at 8 West Market Street, Wilkes-Barre, PA 18711-0101. 2. The Ritcheys are both adult individuals with a last known address of 4707 N. Clearview Drive, Camp Hill, P A 17011. 3. On or about December 15, 1999, the Ritcheys were the owners in fee of real estate 609190.1 entire principal sum, plus interest and other charges, if applicable, under the Note. \A true allu correct copy of the Guarantee is attached hereto, incorporated herein and marked as Exhibit "e".) 7. In order to partially induce the Bank to make the Loan, the Ritcheys executed and delivered to the Bank an open-ended mortgage (the "Mortgage") on the Mortgaged Property, obligating them to repay the entire principal sum plus interest, and other charges, if applicable, under the Note. (A true and correct copy of the Mortgage is attached hereto, incorporated herein and marked as exhibit "D".) 8. A default occurred under the Mnrt"....p;n .1... .1.- n'._L_ ....~ . AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LUZERNE I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being duly sworn according to law, depose and say that the last known address of the defendants is as follows: Dennis R. Ritchey and Sherry &. Ritchey 4707 N. Clearview Drive Camp Hill, P A 17011 Sworn to and subscribed before me this ~day of ~I"l '1 _,2004. (~i:'+-;- <:::-en -e-.., weeney / ,CliP COMMONWEALTH OF PENNSYLVANIA Nolarial Seal Jane A. Muscavage, Nolary Public CIty OtWilo!&-8ane, Luzeme County My Cormissicn ExpIres Nov. 3. 2007 Member. Pennsytvanfa Association Of Notaries 590643.1 AFFIDAVIT OF NON-MILITARY SERVICE OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF LUZERNE I, Joseph E. Sweeney, Assistant Vice President for Citizens Bank of Pennsylvania, being duly sworn according to law, depose and say that I investigated the status of Dennis R. Ritchey and Sherry Y. Ritchey with regard to the Soldiers' and Sailors' Civil Relief Act of 1940. To the best of my knowledge or information and belief, Dennis R. Ritchey and Sherry Y. Ritchey are not now, or were they within a period ofthe last three (3) months, in the military or naval service of the United States within the purview of the Soldiers' and Sailors' Civil Relief Act of 1940. Sworn to and subscribed kLP before me this Jrft1t day of ~/91 ,2004. ) / NO""YP"bH'~ n. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jlne A. Muscavage, Notary Public CIl'i OIWl1<es-Barre, Luzeme county MyOal..._. Ellpinls Nov. 3. 2!YJT MtmMlr. PfmMyNimiB Association Of Notaries ~---- 590646.1 AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LUZERNE I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, being duly sworn according to law, depose and say that the underlying transaction relative to this complaint in mortgage foreclosure is a commercial transaction to the best of my knowledge or information and belief. Notary Public eney Sworn to and subsc~ed before me this ~ day of May, 2004 AUP IQ COMMONWE~H OF PENNSYLVANIA Jane A. nal Seal CltyOl~' Notary Public My Conv......., ~"::'3COUnty Momb ~_ . . 2JJ07 lit. r~ns\'fv"la A_ . ~SOCi.lion Of Notaries 609833.1 f I f' r" I , h.., ..,,: \.:,,; ~ C:'){':I,!,r:,H'.\'~b..lTli ,~y +\J!I'~I~"~,:~'y!I.Hi,l, "~~ n~l.;'t::Mr.lrf OF nf'(~':!'J/r.~~C:Q~ .'~ :: j'L..I~'\. ::=":::..':=l/X~j;\'i'r.' ') (/1':': ,,' lr.-t.lSlt:r J.\J1'H":J) \"",~~-...;.' ~ IJ ~~ U" , . : 'i II); a, ....... .' ~ I. i ' Icl..II':~~ ,'" ... . ,. .. , . ,... " " j li(C;:nlol.:,~ ~r ..~:;':l:~~ C;J:.I~Li.L,',;:... l"...,u:H'(. r':, '93 JOtI 22 Af'110 36 TH:!S DEED, MlUlI!: ~'m: 20th t!...y ot .January in the year of our Lord one thousanc: nine bundred nJnety three (1993) &Z~ GEORGE T. THOMSON and DtBRA A. THOMSON, Uusband and Wife, Grantors anel DENNIS R. RITCllEY and SHERRY Y. RITCHEY, HUsba~d and Wife, Grant~e(s)' wrTHEssETa, that ~n consideration of EIGHTY FIVE THOUSAND NINE KUNDRF.D AND NO/~OO Dollara ($Sij,'OO,OO), in nand paid, the receipt whereof is hereby aCknowledged, the said qrantors do here1):y qrant and convey to the said qrant"ea", ALL THAT CZR~N piece or parcel of land situate in Hampden Township, cumberland County. pennsylvanra, bounded and described in acco~ance with a survey and plAn thereof made by William B. Whit~ock, Registered PrOfessional Engineer. dated AUgust J~, ~P5P, as folloWlill BE~INNING at a point on the North side of clearview Drive whioh point 1s 215 feet W.st of Kampelen Avenue; thence extendinf along Clearvlew Orive South 86 degre.. '2 minutaa West 60 feet to a point of curve; thence still along the same on a curve to th_ riiht havini a radius of 5101.010 feet, the erg distance of 5 feet to a coraer of Lot No. 34 On the here1nafter mentioned plan of lots; tnence alonq Lot No, 34, North 2 degrees 39 minutes WlIst J.101.60 tee.t; thence North 86 degre,,,. 52 minutes East 65 feet to a eorner at ~t NO, 32 on said plan, tbance along Lot No, 32 South 2 degrees 39 minutes EAst 112.64 feet to the point and pla~. of BEGINNING. ~IHNG Lot N,,,. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 ot Cl..llrview farm." all .'.c:orQeQ in Plan Book 9, Pag.. IS, CU1IIberl.lnd County reoords. HAVING th.r.~on .1.".01::e4 a one-stor;{ frallle dllellim;l KnOWn "''' No. 47~7 ClearvLew Drive, Camp Hill. BEING Tlil& a,\ICB PRlmUllll which EU iot;\: S. N"wmal'l<; and Nora M. Newmark, his wife, by Deed dated Augu.~ 13, 19ij5 and l'acorQ"d August 15, 1~85 in the Recorder of Deeds Office in and for Cu~ml'land Coun~;{. Pennsylvania, in Deed Book 31-X. paqe 741, grant...,1 and oon',ey.d ullto Georqe T. 'l'holllson and Debra A, Thomson, his wite, grant"l'a herein, hiiole 36 rAce 48G 4 - . ~ Exh 'Ibi t A - - 4 ~ i.i -' ~ " .. ..-:"I'- . .;\ l'Q\o\T1llhl~ ~Ir gt:t~,..J~ Cumb. Cn.: P~. .\" "'III t'18118 Tra",fer flOC DllO.!-:O;',;'1 A"II. ./If .}"") Robort II ~'lll... CUm... Co.lllft. CoI.""- (~_. (" /../ v./~_ School Dill Cumbo Co.. F'lr. ,,, ...,,1 EuIIU, T.r.nsI.-T.. 0aI-: /'2:2-,/!_ "'/J! 7. s'~' ..- Po Zlofftr -. Ce.l!ltl. e.L Ac\. And the aaid grantors hereby Govenant end agree that thQY will . warrant speciallY the property hereDY conveyed, IN W%~SS WHEREOF, said grantors have hereunto set their hands and s.als the day and year tirst above written. ,M,.... g" .~~ Georqe T. T:~OJ1Ison ~b-J (0. () . mlJ).,....<J t1lv Debra 11. :1'h,)_on 51gn.4, Sealed and Delivered in the ~rese~c9~f ~ff~7/ ;'~ ,...tpt1((/~~ .' ~. ....... J"" '::~~-:~~AT~~'~KNSYLVANIJI. lei',... - "", \. t; i ~ciJ'ltr"t~Jlr:uK8Ent.AND ....,;5: . ~:~" \ .?-8.<<I1~'ii~;:the 20th day of January. l!il13. betore Jle, the undersigned "...,"~~~V'~J?i'pers"nallY appaared Georqe T- 2'tI0IIlaon ,,"d Oebra A. TllaJDlIOlI known to IDe (or satisfaetor.ily prOVCl!n) 1:0 be the persona .whose naae" are aub$oribed to the wieh inst~l&nt, and aeknowledgea that they exeouted same thQ pUJ7pO . therein oontaiJled. XN lIJ:TNESS WlU:Rl:OF. l hereunto set 1II \. NorM.... 'E^~- \ STptllMtll1!. wrrMfR.. "",lo1IY "~'b~;' H.rrllb""~, [\,.,phld (OtIIJIl'. r:., #Itt Cotnmlctlon Ei<pir,u July.5. 1,,:) ----,- SS. X do herebr certlty that the oft ice address of th~ within 5J~,.. t1J . 1993, precisQ r..i4enee .n complete poat gnntee i&f1tl!!}~ f~i I ~41-f6DV€- \ ~J<<jllJi /J)Lvr 'f!J Agent for tAdn. ,. COKHONWEALTlf OT PENNS~LVllNIA, CQl1NTY OF C,vv."b[.,h.~_c:l ,: SS. IUilCORI>ED on tlli. A,;;J.f\.:! day of ~~\I' . Reoorder'S offioe ofJ~Ae said county. 1n Deed VoL~ ,Page ~p . Given under lilY hand and seal or the s.i~ Grrice written. ~ ~ ~ ' 'r.cuRl!D I.~N~ mA/I.>~ 1JIl!, . I' .~~O -o.~B 5Ob~ Gi6 rACE 4137 ~D u.s. Small Business Administration NOTE SBA Loan # PLP 346-444-4000 SBA Loan Name CELTIC MXN PUBLISHING. INC. Date !?$Ce,-#'P';If I~ /?f'f.. ssoo, 000.00 Loan Amount Interest Rate WSJ PRIME + 1. 00% Borrower CELTIC MXN PUBLISHING. INC, OperatiJ'1lg Company Lender MELLCN BANK, N.A. 1. PROMISE TO PAY: In relDnl for the Loan, Borrower promises to pay to the order of Lender the amount of FI~ HUNDRED THOUSAND AND 00/100 * * * * * * * * * * * * * * * * * * * * * * * Dollars, interest on the unpaid principal balance, and all other amollDts required by this Note. 2. DEFINITIONS: "Collat.eral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note. "Loan- means the loan evidenced by this Note. "Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA - means the Small Business Administration, an Agency of the United States of America. SBA Form 147 (10l22J98) Previous ed.itionJ ob:wlcll: . ~ "8<hi bit- ~ ~ "p.- i;; U .:, ~ " Page U6 3. PAYMENT TERMS: Borrower must make aU pa~ments at the place Lender designates. The payment terms for this Note are: The interest ra.te on this Note will fluctuate. The initial interest rate is 9.50% per year. This initial rate is the prime rate on the date SBA received the loan application, plus 1.0%. Borrower must pay a total of 6 payments of interest only on the disbursed principal balance beginning one month from the month this Note is dated and every month thereafter; payments must be made on the I $r calendar day in the months they are due. Borrower must pay interest on the disbursed principal balance, plus principal of $5,952.38. every month, beginning seven months from the month this Note is dated: payments must be made on the I Sf calendar day in the months they are due. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment. then to bring principal current, then to pay any late fees. and will apply any remaining balance to reduce principaL Lender may adjust the interest rate for the first time no earlier than the first calendar day of the first month after initial disbursement. The interest rate will then be adjusted monthly (the "change period"). The "Prime Rate" is the prime rate in effect on the first business day of the month in which a change occurs, as published in the Wall Street Journal on the next business day. The adjusted interest rate will be .1.0% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. if SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes tixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default. the rate becomes fixed at the rate in effect at the time of purchase. All remaining principal and accrued interest is due and payable 7 years and 6 months from date of Note. SBAForm 147 (10/22/98) Previou.s editioDS oblOlde 4. RIGHT TO PREPAY: Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market, Borrower must: A. Give Lender written notice; B. Pay all accrned interest; and C, If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under subparagrapl1 B. If Borrower does not prepay within 60 days from the date Lender receives the notice, Borrower must give Lender a new notice~ S. DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A. Fails to do anything required by this Note and other Loan Documents; B. Defaults on any other loan with Lender; C. Does not preserve, or account to Lender's satisfaction forp any of the Collateral or its proceeds; D, Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E. Makes, or anyone acting on their behalf makes. a materially false or misleading representation to Lender or SBA; F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrower's ability to pay this Note; G, Fails to pay any taxes when due; H. Becomes the subject of a proceeding under any bankruptcy or insolvency law; L Has a receiver or liquidator appointed for any part of their business or property: J. Makes an assignment for the benefit of creditors; K. Has any adverse change in [wancial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business stnlcture without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 6. LENDER'SRIGHTSIFTIffiRE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require immediate payment of aU amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D. Take possession of any Collateral; or E. Sell, lease, or othetwise dispose of, any CoUateral at public or private sale, with or without advertisement. SBAForm 147 (10122/93) Previou. ediU011l obaolctc Page 3/6 7. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another lienholder. at any price it chooses; B. Incur expenses to-collect amounts due under this Note, enforce the terms of this Note or any other Loan Document, and prese~e or dispose of the Collateral. Among other things, the expenses may include payments for propeny taxes, prior liens, insurance, appraisals, envirolml&'l1tal remediation costs, and reasonable attorney's fees and costs. If Lender incurs such exPenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C. Release anyone obligated to pay this Note; D. Compro~se, release, renew, extend or substitute any of the Collateral; and E. Take any action necessary to protect the Collateral or coUect lIIDOunts owing on this Note. 8. WHEN FEDERAL LAW APPLIES: When SBA is the holder, this Note will be ;"terpreted and enforced 1lIIder federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers,lCCOrding documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does 110t ",aive any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim oeSBA. or preempt fedezallaw. 9. SUCCESSORS AND ASSIGNS: Under this No'e, Borrower and Operating Company include the successors of each. and Lender includes its successors and assigns. 10. GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and s",,",rally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. D. Lender may exeroise any of its rights sepaxate1y or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written teIID5 of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Con.teral at a sale. SBA Form 141 (10122'98) PreviOlu editiolU obsolete Page 416 11. STATE-SPECIFIC PROVISIONS: THE CONFESSION OF JUDGMENT BELOW IS PART OF THIS OBLIGATION. THE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR CLERK OF ANY COURT OF RECORD IN THE UNllED STAlES OR ELSEWHERE TO APPEAR FORAND, WITII OR WITIIOUT DECLARAT!t;N FILt:.u. CONFESS JUDGMENT AGAINST THE UNDERSIGNED IN FAVOR OF THE HOLL>ER, ASSIGNEE OR SUCCESSOR OF HOLDER OF TIllS NOlE, AT At'lY lERM, FOR TIJE FULL OR TOTAL AMOUNT OF TIllS NOlE, TOGETHER WITII ALL "INDEBlEDNESS" PROVIDED FOR "I"HEREIN, WITH COSTS OF SUIT AND ATTORNEY'S COMMISSION OF lEN (10) PERCENT FOR COLLECTION; AND TIIE UNDERSIGNED EXPRESSLY RELEASES ALL ERRORS, W AlVES ALL STAY OF EXECUTION, RIGHTS OF INQUISmON AND EXTENSION UPON ANY LEVY UPON REAL EST A 1E Al'lD ALL EXEMPTION OF PROPERTY FROM LEVY AND SALE UPON ANY EXECUTION HEREON, AND THE UNDERSIGNED EXPRESSLY AGREES TO CONDEMNATION AND EXPRESSLY RELINQUISHES ALL RIGHTS TO BENEFITS OR EXENlPTIONS UNDER ANY AND ALL EXEMPTION LAWS NOW IN FORCE OR WHICH MAY HEREAFfER BE ENAClED. SBAfonn 147 (10/22/98) Previoua editions obsolete t>~__ (", \ 12. BORROWER"S NAME(S) AND SIGNATUR.E(S): By signing below, each individual or entity becomes obligated under this Note as Borrower. CELTIC MOON PUBLISHING, INC. -:;p~~ ,1 j) x-' "./!u...~''V...J 1.1 /l{ cULV--f By~ Sherry 'lY. Ri!chey, President ~ /,(1' Address: 4720 Carlisle Pike Mechanicsburg, PA 17055 (Corporate Seal) SBA Form 141 (10/22'98) lX\.'ioua cditioas oblOlc:tc: Pagc616 ( (-. ~11l U.S. Small Business Administration UNCONDITIONAL GUARANTEE 8BA Loan # PLP 346-444-4000 8BA Loan Name Guarantor CELTIC HX'N PUBLISHING, INC. ~/{;CK R= DENNIS R. =mY Borrower CELTIC HX'N PUBLISHING, INC. Lender MEI.U:N BANK, N.A. Date P$&J>M/1;/f /5" Iffr. / Note Amount $500,000.00 I. GUARANTEE: Guarantor unconditioIllllly guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written demand upon Guarantor. Lcnde< is not required to seek payment from any other source before demanding payment from Guarantor. 2. NOTE: 'Ibe "Note" is the promissory note dated P&C$.4"E~ /~ /Y'?t. in the principal amount of FIVE HUNDRED THOUSAND AND 00/100 * * * * * * * * * * * * * * * * * * * * * Do!lar.l, from Borrower to Lender. h includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes under a line of credit. 3. DEFlNITIONS: "Collateral" means any property taken as security for payment of the Note or any guarantee of the Note. "Loan" meaDS the loan evidenced by the No:e. "Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or anyone who pledges Collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. SEA Form 148 (10198) Previous (:ditions ob!olete. ~ ExhIbit- ~ ~ C '" .:, ~ " Page 1/.5 ," \ ( 4. LENDER'S GENERAL POWERS: Lender may take any of the following actions at any time, without notice, ",thout Guarantor's consent, and without making demand upon Guarantor: ^- Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note; B. Refrain from taking-any action on the Note, the Collateral, or any guarantee; C. Release any Borrower or any guarantor of the Note; D. Compromise or settle with the Borrower or any guarantor of the Note; E. Substitute or release any of the Collateral, whether or not Lender receives anything in return; F. Foreclose upon or othOIWise obtain, and dispose of, any Collateral at public or private sale, with or without advertisement; G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and H. Exercise imy nghts it bas, including those in the Note and other Loan Documents. These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender. 5. FEDERAL LAW: When SBA is the holder, the Note and this Guarantee will be construed and enforced under fedenll Jaw, including SEA regulations. Lender or SEA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law. 6. RIGHTS, NOTICES, AND DEFENSES TIIAT GUARANTOR W AlVES: To the extent permitted by law, ^- Guarantor waives all rights to: 1) Require presentment, protest, or demand upon Borrower; 2) Redeem any Collateral before or after Lender disposes of it; 3) Have any disposition of Collateral advertised; and 4) Require a valuation of Collateral before or after Lender disposes of it. B. Guarantor waives any notice of: I) Any default under the Note; 2) Presentment, dishonor, protest, or demand; 3) Execution of the Note; 4) Any action or inaction OR the Note or Collateral, such as disbursements, payment., nonpayment, acceleration, intent to accelerate, assignment, collection activity, and incurring-enforcement expenses; 5) Any change in the fInancial condition or business operations of Borrower or any guarantor; 6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the Note; and 7) The time or place of any sale or other disposition of CollateraL C. Guarantor waives defenses based upon any claim that: I) Lender failed to obtain any guarantee; 2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspected the Collateral; 4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured; SBA Form 143 (10/98) Previous editiom obsolete. Page 215 c ( 5) 6) 1) 8) 9) Lender impaired the Collateral; Lender did not dispose of any of the Collateral; Lender did not conduct a commercially reasonable sale; Lender did not obtain the fair market value of the Collateral; Lender did not make or perfect a claim upon the deam or disability of Borrower or any guarantor of the Note; The fmancial condition of BOlTOwer or any guarantor was overstated or has advetSely cbanged; Lender made errors or omissions in Loan Documenls or administration of the Loan; Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding payment from Guarantor: Lender impaired Guarantor's suretyship rights; Lender modified the Note tenns other than to increase amounts due under the Note. If Lender modifies the , Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable for the increased amounts and related interest and expenses, but remains liable for aU other amounts; Borrower has avoided liability on the Note; or Lender bas taken an action allowed under me Note, Ibis Guarantee, or other Loan Documents. 10) 11) 12) 13) 14) 15) 16) 7. DUTIES AS TO COu.A1ERAL: Guarantor will preserve the Collateral pledged by Guarantor to secure Ibis Guarantee. Lender bas no duty to preserve or dispose of any CoDateral. 8. SUCCESSORS AND ASSIGNS: Under this Guarnntee, Guarantor includes heirs and su.ccessors, and Lender includes its successors and assigns. 9. GENERALPROVlSIONS: A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce Ibis Guarantee, including, but not limited to, attorney's fees and costs. B. SBA NOT A C~ARANl"OR Guarantor's liability will continue even if SBA pays Lender. SBA is not a co- guarantor with Guarantor. Guarantor bas no right of contribution from SBA. C. SUBROGATION RIGHrS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is paid in full. D. JOINT AND SEVERAL LIABILITY. AU individuals and entities sigDing as Guarantor are jointly and s....eraUy liable. E. DOCUMENT SIGNlNG. Guarantor must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or m.int.;" Lender's liens on Collateral F. FINANCIAL STATEMENTS. Guarantor must give Lender fmam:ial statements as Lender requires. G. LENDER'S RIGHrS CUMULATNE, Naf WAIVED. Lcndermay exercise any of its rights separately or together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights withoUllosing or impairing any of them. II. ORAL STATEMENTS Naf BINDlNG. Guanmtor may not use an oral statement to contradict or alter the written terms of the Note or Ibis Guarantee, or to raise a defense to this Guarantee. L SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will =&in in effect. J. CONSIDERATION. The consideration for Ibis Guarantee is the Loan or any accommodation by Lender as to the Loan. SBA Form 148 (10/98) Previow cc:litiolU oblOlcto. Page 3/5 . c' r: 11. . GUARANTORACKNOWLEDGMENr OF TERMS. Guarantor acknowledges that Guarantor has read and understands the significance of all tenus of the Note and this Guarantee, including all waivers. 12. GUARANTORNAME(S} AND SIGNA11JRE(S): By signing below, each individual or entity'becomes obligated as Guarantor under this Guarantee. ~ X~11'1AI7-f ;t~ Wividual stby 0. "!Jf} Y . ck Ritchey ~ ADDRESS : 4707 North Clearview Drive Camp Hill PA 17011 -------- . ADDRESS , 4707 North Clearview Drive Camp Hill PA 17011 SBA Fonn 148 (10/98) PreviOUS.....M ob.olctc. Pago 5/5 '. ..\Np4lll.l:nao:~"'y(r This Mortgage Secures F...,ure Advances Pennsylvania Prope",' This Mortgage is made this ..JL1:tL day of 1i'L;C:.c-"" 1Si(~, by and from DENNIS R. Rt~EY SHERRY Y. RITCHEY (hereinafter called "Mortgagor") to Mellon Bank. N,A. . (hereinafter called "Mortgagee"). As used herein, the term "Mortgagor" refers individually and COllectively to all Mortgagors, and all such persoos shall be jointly and severally bound by the terms hereof. Whereas, CELTIC MOON PUBLISHJ:NG. INC. (hereinafter called. individUally and collectively, "Borrower") entered into an a~ment with Mortgagee evidenced by a note, note and security agreement or other agreement (the "Note") dated which Note states a principal sum or credit limit of Five Hundred Thousand and 00/100 Dollars ($ 500 . 000 . 00) and evidences Borrower's obligation to repay IoBns and advances made pursuant to the Note; NOW, THEREFORE, to induce Mortgagee to make loans and advances to or on bdlalf of Borrower pursuant to the Note, and to secure the paymeDl of all sums due or which may become due under said Note lIdd all other obligations, debts, dues, instruments, liabilities, advances, judgments, damages, losses, claims, contracts and choses in actioo,. of whatever nature and however arising, owed to Mortgagee from any Borrower or Mortgagor, past, present or future, direct or iadirect, absolute or COntingent, voluntary or involuntary, now d... or to become due, and any and all extensions or renewals thereof in whole or in part, whether owed by any Borrower or Mortpgor as drawer, maker, endorser, assignor, guarantor, surety, or otherwise whatsoever, excepting those Obligations (other lban the Obligations evidenced by the Note) subject to the dislDure requirements of Federal Reserve Board Regulation Z, 12 c.F.R ~226.1 et seq., (all of such obligations secured hereby, hen:inafter called the "Obligation(s)"), as well as to secure Mortgagor's performance under this Mortgage, Mortgagor by these presents, intending to be legally bound, does grant, bargain, sell and COII\'ey unto Mortgagee, its successors and assigns, all those certain tracIS of land situated in TOWNSHIP OF HAMPDEN CUMBERLAND County, Pennsylvallia and more particularly described in Exhibit 'A", attached hereto and made a part hereof: Together With All ADd SIngular, the buildings and improvements, streets, lanes, ~ passages, ways, waters, water -courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belongiD& or in any way appertaining and the reversions and remainders, lCIIts, issues and profits thereof (all of wl1ich is hereinafter called tbc "Mortgaged Property"); To Have And To Hold same unto the said Mortgagee, its successors and assiJos, Forever. . flb Mellon Bank Provided However, that if the Obligation is paid in full and Borrower delivers to Mortgagee a written notification of its intenti, not to borrow additional sums from Mortgagee and thereby releasl Mortgagee from its obligation, if any, to make advances to Borrowe then the estate hereby granted shall be discharged. Mortgagor represents, warrants, covenants and agrees that: FIRST: This Mortgage and the lien created hereby shall secure nc only existing indebtedness, but also future advances made pursuar to the Note (the terms of which are incorporated herein b reference), and shall continue in full force and effect notwithstandinl that from time to time, on or after the date hereof, no indebtedn~ may be outstanding under the Note; and the Mortgage and said lie] shall be discharged only upon the occurrence of the conditions stat.. above. SECOND: All furniture and furnishings of every kind anI description and all appliances, apparatus and equipment now 0] hereafter in any building or improvements now or hereafter used fo] husiness or commercial purposes and standing on the premise< hereinabove granted (and all substitutions therefor or additiOn! thereto) are considered to be necessary, indispensable and especiall) adapted and appropriate to the use and operation of said premise, and constitute an integral pan of said real estate; and all of the same are hereby conveyed, assigned and pledged, and shall be deemed and treated for all purposes of this Instrument as real estate and not as personal prnperty. This Mongage is also a security agreement under the Pennsylvania Uniform Commercial Code by virtue of which Mortgagor does hereby grant to Mortgagee a security interest in all personal property now owned and hereinafter acquired, including furnishings, accessories, machinery and equipment (and all substitutions therefor and additions thereto), not comprehended by the Pennsylvania Industrial Plant Doctrine, plus all attachments and accessories thereto, and the proceeds (cash and non-cash) of the foregoing. (All items of. property granted under this paragraph SECOND shall constitute a part of and are included in the 'Mortgaged Property".) TIDRD: Mortgagor will lceep and perform all of the covenants and agreements contained herein. FOURTH: Without prior written consent of Mortgagee, which consent may be withheld for any reason, Mortgagor shall not transfer or change legal or equitable title, ownership or control of all or part of the Mortgaged Property by saie, lease, stock transfer, transfer of partnership share, operation of law or in any other manner, whether voluntarily or involuntarily. It is further understood and agreed that, if Mortgagee consents to any such transfer, Mortgagee may impose as a condition of such consent any condition which Mortgagee, in its sole judgment, deems appropriate. FIfTH: Mortgagor warrants that it owns fee simple title to the Mortgaged Property free and clear of all liens, claims and encumbrances except as otherwise permitted by Mortgagee in writing, and that it has full right and authority to grant this Mortgage and to perform its obligations hereunder. Mongagnr covenants that the Mortgaged Property shall continue to be held free and clear of all liens, claims and encumbrances except as otherwise expressly permitted by Mortgagee in writing. ~ 1:::)<1r) I bl t ~ D ~ ~ '" Page 1 of6 (" SIXTH: Mortgagor will pay when due all taxes, assessments, levies and other charges on or against the Mortgaged Property which may attain priority over the lien of this Mortgage. If Mortgagor fails to do so, Mortgagee at its sole option may elect to pay such taxes, assessments, levies or other charges. At Mortgagee's request, Mortgagor shall deliver written evidence of all such payments to Mortgagee. SEVENTH: Mortgagor shall keep the Mortgaged Property in good repair, excepting only reaso~ble wear and tear. Mortgagor will permit Mortgagee's authorized representatives to enter upon the Mortgaged Property at any reasonable time for the purpose of inspecting the condition of the Mortgaged Property. Without the prior written consent of Mortgagee, Mortgagor will not permit removal or demolition of improvements now or hereafter erected on the Mortgaged Property, nor will Mortgagor permit waste of the Mortgaged . Property or '&Iteration of 'illlJlrovements now or hereafter erected on the Mortgaged Property which would adversely affect its market value as determined by Mortgagee. EIGHTH: In addition to the covenants and agreements made elsewhere in this Mortgage, Mortgagor further covenants and agrees with Mortgagee as follows: (a) Except as previously disclosed by Mortgagor to Mortgagee in writing, the Mortgaged Property is and will continue to be free of Hazardous Substances (as hereinafter defined), the presence of which Mortgagor is required to report to any federal, state or local agency or entity or the presence of which is prohibiled by any Environmental Law (as hereinafter defined); Except as previously disclosed by Mortgagor to Mortgagee in writing, the ownership, operation or use of the Mortgaged Property by Mortgagor or Mortgagor's tenant(s), as the case may be, does not require as of the date hereof, nor in the future will require, the handling, storage, location or discharge of Hazardous SUbstances in, on or under the Mortgaged Property, the presence of which Mortgagor or Mortgagor's tenant(s) is required to report to any federal, state or local agency or entity or the presence of which is prohibited by any Envimnmental Law; (b) (c) Mortgagor and Mortgagor's tenant(s), if any, at all times have operated and maintained the Mortgaged Property, and at all times will continue to operate and maintain the Mortgaged Property, in material compliance with all Environmental Laws and Environmental Permits (as hereinafter defined); Except as previously disclosed by Mortgagor to Mortgagee in writing, no pending or threatened proceeding, suit, investigation, allegation, or inquiry exists regarding any alleged violation of Environmental Laws or Environmental Permits with respect to the Mortgaged Property or of any alleged obligation to cleanup or remediate any Hazardous SUbstance in, on or under the Mortgaged Property, and Mortgagor shall notify Mortgagee within five (5) business days in writing upon becoming aware hereafter of any such proceeding, suit, investigation, allegation, or inquiry, setting forth the details thereof; (d) c (e) There does not exist, nor will Mortgagor permit to exist, any event or condition on or with respect to the Mortgaged Property that requires or is Iil<ely to require Mortgagor under any Environmental Law to payor expend funds by way of fines, judgments, damages, cleanup, remediation or the Iil<e; provided, however, that Mortgagor shall notilY Mortgagee promptly in writing upon becoming aware hereafter of any such event or condition; and (I) Upon request by Mortgagee, Mortgagor shall provide (at Mortgagor's cost) certifications, documentation, copies of pleadings and other information regarding the above, all in form and content satisfactory to Mortgagee. NINm: Mortgagee and its agents and representatives shall have the right at any time (whether or not any Event of Default m connection with the Obligations has occurred, or if any of the Obligations is payable on demand, whether or not such ~d has been made) and at its sole option and discretion, without notice,. to enter and visit the Mortgaged Property for the purposes of observing the Mortgaged Property, taking and removing soil or groundwater samples, and conducting tests on any part of the Mortgaged Property, all at the cost of Mortgagor. Mortgagee is under no duty, however, to visit or observe the Mortgaged Property or to conduct tests, and any such acts by Mortgagee shall he solely for the purposes of protecting its security interests and preserving Mortgagee's rights under the Note and other documents executed and delivered in connection with the Note. No site visit, observation, or testing by Mortgagee shall result in a waiver of any default of Mortgagor or impose any liability on Mortgagee. In no event shall any site visit, observation, or testing by Mortgagee be a representation that Hazardous Substances are or are not present in, on, or under the Mortgaged Property, or that there has been or shall be compliance with any Environmental Law. Neither Mortgagor nor any other party is entitled to rely on any site visit, observation, or testing by Mortgagee, nor on any statements, representations, or any other comments made by Mortgagee to Mortgagor or any other party with respect to any Hazardous Substances or any other adverse condition affecting the Mortgaged Property. Mortgagee owes no duty of care to protect Mortgagor or any other party against, or to inform Mortgagor or any other party of, any Hazardous Substances or any other adverse condition affecting the Mortgaged Property. Mortgagee shall not be obligated to disclose to Mortgagor or any other party any report or findings made as a result of, or in connection with, any site visit, observation, or testing by Mortgagee. TENTH: Mortgagor shall indemnify, defend and hold barmless Mortgagee, its employees, agents, officers and directors from and against any and all claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of any kind whatsoever, including but not limited to,' attorney fees (including the reasonable estimate of the allocated cost of in-house counsel and staff), all fees of environmental consultants and laboratory costs, arising out of or in any way relating to: (a) the release or threatened release, disjX\W or existence of any Hazardous Substances, on or affecting the Mortgaged Property; (b) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Substances; (c) any lawsuit brought or threatened, settlement reached or governmental order issued relating to Hazardous Substances with respect to the Mortgaged Property; (d) any violation or alleged violation of laws, permits, licenses, orders, regulations, requirements or demands of government authorities or any policies or requirements of Mortgagee, which are based upon or in any way related to Hazardous Substances; or (e) the breach of any warranty, representation or covenant of Mortgagor contained herein or in any related loan document. This indemnity shall survive Page 20f6 r-. \ repayment of any Obligations or any judicial foreclosure, . foreclosure by power of sale, deed,in-lieu of foreclosure, or transfer of the Mortgaged Property by Mortgagor or Mortgagee. The liability covered by these indemnity provisions shall include, but not be limited to, losses sustained by Mortgagee and/or atlJ of its succeSSOrs and assigns for: (a) amounts owing as Obligations, including diminution in value of the Mortgaged Property, (b) amounts arising out of personal injury or death claims, (C) amounts charged to Mortgagee for any environmental or Hazardous Substances clean up costs and "expenses, liens, or other such charges or impositions, (d) payment for reasonable attorney's fees and disbursements, expert witness fees, court costs, environmerual tests and design studies, and (e) any other amounts expended by Mortgagee or its successors and assigns in connection with the subject matter of Paragraphs EIGHTH, NINTH and TENTIL ELEVENTH:" Mortgagor shall keep the Mortgaged Property insured against loss by fire, all other hazards contemplated by the term "extended coverage", and such other risks and hazards as Mortgagee shall require, in such amounts as Mortgagee shall require, but never less than the amount required to pay the Obligations secured hereby. Mortgagor will purchase flood insurance as and to the extent required by the Mortgagee. The insurer or insurers will be chosen by Mortgagor, subject to approval by Mortgagee; and approval shall not be unreasonably withheld All insurance policies shall contain loss payable clauses in favor of Mortgagee and shall be cancelable by the insurer only after prior written notice by the insurer to Mortgagee: Mortgagor shall deliver written evidence of all such insurance to Mortgagee. If Mortgagor fails to obtain and keep in force any required insurance or fails to pay the premiums on such insurance, Mortgagee at its sole option may elect to do so. In the event of Joss, Mortgagor shall give prompt notice to the insurer and Mortgagee. Mortgagee at its option may elect to make proof of loss if Mortgagor does not do so promptly, and to take any action it deems necessary to preserve Mortgagor's or Mortgagee's ri8hts under any insurance policy. Subject to the rights of the holders of any prior mortgage, insurance proceeds shall be applied to restoration or repair of the Mortgaged Property or to reductioo of the Obligations, as Mortgagee may determine in its sole discretion. Mortgagor hereby appoints Mortgagee and its successors and assigns as Mortgagor's attomey,in,fact to endorse Mortgagor's name to any draft or check which may be payable to Mortgagor in order to collect such insurance proceeds. TWELFl'H: Mortgagor hereby agrees to repay to Mortgagee on demand all sums which Mortgagee has elected to pay under Paragraphs SIXTH and/or' ELEVENTH and any costs which Mortgagee has incurred in taking actions permitted by Paragraph NINTH, with interest thereon at a per annum rate equal to the Contractual Rate(s) (as that term is defined in the Nme), if any; and all such sums, as well as any amounts for which Mortgagor has agreed to indemnify Mortgagee under Paragraph TENTH, shall, together with interest thereon, until repaid to Mortgagee, be part of the Obligations and be secured hereby. THIRTEENTH: Subject to the rights of the holders of any prior mortgage, Mortgagor hereby assigns to Mortgagee all proceeds of any award in connection with any condemnation or other tal<ing of the Mortgaged Property or any part thereof, or payment for conveyan~ in lieu of condemnation. ,--. \ FOURTEENTH: If the Mortgaged Property or any porti thereof consists of a unit in a condominium or a planned u development, Mortgagor shall perform all of Mortgago Obligations under the declaration or covenants creating or governi the condominium or planned unit development, the by-Iaws, ro. and regulations of the condominium or planned unit developme: and related documents. If a condominium or planned It development rider is executed by Mortgagor and recorded with ~ Mortgage, the covenants and agreements of such rider shall incorporated herein, as if the rider were a part hereof. FIFTEENTH: In order to further secure Mortgagee in the eve of default in the payment of the Obligations secured hereby, or in t performance by Mortgagor of any of the covenants, conditions agreements contained herein, Mortgagor hereby assigns 8J transfers to Mortgagee, its successors and assigns any and alllw on the Mortgaged Property or any part thereof, now existing or whi may hereafter be made at any time, together with any and all ren issues and profits arising from the Mortgaged Property under Sll leases or otherwise, without obligation of Mortgagee to perform discharge any obligation, duty or liability under such leases, but wi full autborization to collect all rents under the leases or otberwi and to take possession of and rent tbe Mortgaged Prope~ Mortgagor covenants not to accept tbe payment of any rent pa more tban tbirty (30) days in advance. SIXTEENTH: In the event that (a) Borrower and/or Mortgall fails to pay any Obligation or any portion tbereof wben due;. or ( Mortgagor breaches any warranty, covenant or agreement contain. berein; or (c) any representation or warranty contained berein , otherwise made by any Mortgagor or Borrower in connection wi tbis Mortgage or any of the Obligations proves to be false I misleading; or (d) tbere occurs an event of default under 81 agreement evidencing, securing or otberwise executed and deJiven by any Borrower and/or Mortgagor in connection with tl Obligations or any portion thereof; or (e) tbere occurs an event I default for non-payment under tbe terms of any other mortgage . otber instrument creating a lien on tbe Mortgaged Property (~etbl or not sucb lien is in favor of Mortgagee); or (f) a bolder ofany lie encumbering tbe Mortgaged Property or any portion .there. (wbetber sucb llen is junior or superior to tbe lien of this Mortgag. commences a foreclosure or any other proceeding to ezccute onsu, lien; or (g) any Borrower or Mortgagor makes an assignment. for It benefit of its creditors, becomes insolvent, or tiles or has tiled again: it any petition, action, case or proceeding, voluntary or involuntar: under any state or federal law regarding bankruptey, insolVenc: reorganization, receivership or dissolution, including the Bankrupt' Reform Act of 1978, as amended; or (b) Mortgagor fails to paywbe due, any amount owing by Mortgagor pursuant to tbe terms bereo then in addition to exercising any rights which Mortgagee may bav under tbe terms of any agreement securing repayment of, Dr relatin to, any portion of the Obllgations, or otherwise provided by Ia. Mortgagee may foreclose upon the Mortgaged Property b appropriate legal proceedings and sell tbe Mortgaged Property fc the collection of tbe Obligations, togetber witb costs of suit an, attorney's commission equal to the lesser of (a) twenty percec (20%) of tbe total Obligations or five bundred dnlJars ($SOO.OO: whichever is the larger amount, or (b) tbe maximum amoun permitted by law. Mortgagor bereby forever waives and releases a errors in tbe said proceedings, waives stay of execution, the right 0 inquisition and extension of time of payment, agrees t. condemnation of any property levied upon by virtue of any sucl execution and waives all exemptions from levy and sale of an: property that now is or bereafter may be exempted by law. Page30f6 ( SEVENTEENTH: The rights and remedies of Mortgagee as provided herein, or in any other agreement securing repayment of, or relating to, any portion of the Ohligations, or otherwise provided by law, sha11 be cumulative and may be pursued singly, concurrently, or successively in Mortgagee's sole discretion, and may be exercised as often as necessary; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. EIGHTEENTII: As used in this Mortgage: (a) "Environmental Law" means any federal, state nr local environmental law, statute, regulation, rule, ordinance, court or adminislrative order or decree, Or private agreement or interpretation, now or hereafter in existence, relating to the use, handling, collection, storage, trealDlent, disposal or otherwise of Hazardous Substances, or in any way relating to pollution or protection of the environment, including but not limited to: the Oean Air Act, 42 U.S.c. 7401 et Seq.; the COmprehenSive EnvirOllmentaI'RespoiIlle;' Coihl"lnsation and Uabilily Act of 1980, 42 U.S,c. 9601 et seq.; the Federal Water Pollution Control Act, 33 U.S.c. 1251 et seq.; the Hazardous Material Transportation Act, 49 U,S,c. 1801 et seq.; the Federal1nsecticide, Fungicide and Rodenticide Act, 7 U.S.c. 136 et seq.; the Resource Conservation and Recovery Act of 1916, 42 U.S.c. 6901 et seq.; the Toxic Substances Control Act, 15 U.S,c. 2601 et seq.; Section 1018 of the Residential Lead,Based Paint Hazard Reduction Act of 1992 (1Itle X); all as amended. (b) "Environmental Permit" means any federal, state or local permit, license or authorization issued under or in connection with any Environmental Law. (c) "Hazardous Substances" includes petroleum and petroleum products, radioactive materials, asbestos or any materials or substances defined as or included in the definition of "hazardous wastes," "hazardous substances/, "hazardous materials/' "toxic substances," "hazardous air pollutants," and "toxic pollutants," as those terms are used in any Environmental Law, including any state or federal law or local ordinance relating to hazardous substances now or hereafter in existence, and in any regulations promulgated or that may be promulgated thereunder. ~19natures Witness the due execution hereof. /---'\ NINETEENnI: Mortgagee, without notice to Mortgagor, may deal with the Obligations and any collateral security therefor in ll\lch manner as Mortgagee may deem advisable and may ac:ccpt partial payment for or settle, release, or compromise the Obligationa, may substitute or release any collateral security, and may release and diScharge from liability any Borrower, all without impairing the estate granted hereby or the obligations of Mortgagor hereunder. TWENTIETII: The covenants, conditions and agreements contained herein shall bind the heirs, personal representatives, and successors of Mortgagor, and the rights and privileges contained herein shall inure to the successors and assigns of Mortgagee. twENTY-FIRST: Mortgagor hereby agrees that all costs of suit and attorney's commission, as described in Paragraph TIlJRTEENTH, sha1I be secured hereby. twENTY-SECOND: The Obligations secured by. this- MOrtgag~ include amounts which Mortgagee may have previously advanced or may hereafter advance to Borrower, and it is the intent of Mortgagee and Mortgagor that with respect to all such advances, the lien of tbi8 Mortgage shall gain priority as if aU such advances were made at the time of execution and delivery of this Mortgage, provided that in no event shaIlthe principal amount secured by this Mortgage exceed the aggregate sum of $ 500 , 000 . 00, and to the extent such advances are made pursuant to a note, note and security agreement, loan agreement, commitment letter or other written agreement, the terms thereof are incorporated herein by reference. twENTY-THIRD: The fonnal and essential validity hereof shall be governed in all respects by the laws of Pennsylvania. If any provision hereof shall for any reason be held invalid or unenforceahle, no other provision shall be affected thereby, and tbi8 Mortgage shall be construed as if the invalid or unenforceable provision had never been part of it. 'fWEN1Y.FOURTH: If any amount advanced under the Note was used to purchase the Mortgaged Property, then it is intended that tbi8 Mortgage be a Purchase Money Mortgage under the provisions of 42 PA. CSA ~8l41. Ind~' . dual: if< x .. ~k:1 DIl ~X' ~ - 4707 NORTH CLEARVI DRIVE CAMP HILL PA 17011' ~rtj,i vidual: . ;1 ,_ , ~~/-1.~ 4707 NORTH~LEARVIEW DRIVE CAMP HILL PA 17011 (Seal) (Seal) Page40f6 l(ti~m.I\_!1I!gEI9~~~IIJf"':;;j1;i "W"~':~':':':':':::~::';~::~:~' :::::~:::: ::::::::~::;::::;::;::::::~:::::::::;:::;::::::::::::t::::;:: ..'....;.;.;.:.:.:.:.;..-;.:.:.:.:.:.:-:.:.:.......,. :.:<.:.::::::;:::::;:.:::::'::>:.:;::::::::::::::~::;::::.:.:'.::.:N.... 'j;.r-jj!;l;I' :::::::;:::;::;~::r:::~mw:mw~w::~~.J.j~.l.r.~~:;~m:I[:UI :-:.:.:.,:-;.:.;:::;.:::.;:::::::,:::,-:::;:.:.:;:.:<:':::' l1el.lon Bank. N.A. , Mortgagee within named, lereby certifies tbat its principal place of business is at Business Bankinq Loan Center Two Mellon Bank Center, Rm. 152-0350 Pittsburgh, PA 15259-0001 BY~: .__~ X ~~~-- -- ':""'~".~;:'.' " :f:~::rfn::::f:?j~:: :~:~H@r~rf :i:;r:~;: .......,.;.;-:.:.:.:...;.;.:.;.:.;.:.;.;.:.:.:.:.;..:::::::.:.,:~:;:::::; ....-............;w.. ~ellon Bank. N.A, 'r~!~!{!~~~I~~~jp;~i~~~il~~~ij,,;iii!!r COUDty of 1)a.u.p~ i'L 1'\n .Qllthe 15 (lay of l.JKa~{ DtI\VIIS R. ~-{e~ CtNi .3V\e((~ 4 duly sworn, did-=toowle<lge that -tfAw did sign the foregoing instrument, an(lthatthe same is -Ilrtlur free act an(l deed. In testimony w~",r~~i: I ~ave hereunto subscribed my name. MyCommissiooflxpires:?,!Z'-l/Ds U ~Seal J NotaryPUbliCLI' i,- S~naTWj,.~~ X ~z..'L~' I M, c\"'.'~1 dqj./88 .24, 2lJll3 1~I!lm;:.:J~il..I~glll.!rfil!~~'&..llin~i!!!I'iii<!:!ij!':;, ',< ':~L~;:::' '!ll!!!!jjjlf:Jj\\;*i;~;!~I[tt;(~;j (~fe~ , 14~1 , before me pelSOnaIIy came , who being County of On the day of , before me pelSOnaIIy came , who being duly sworn, did -=toowledge to be the of ,a , and that as sue, . being authorized to do so, executed the foregoing instrument on beIIalf of said contained. In lalimony whereof, I have hereunto subscribed my name. My Commission flxpin:s: for the purpose therein Notary Public X ;:,". ..~.::::::.~::::::,:~:::t:::. <<:::;:.,::., :',X::: ::.~:\. ~:;:::::::::""'::::::=:=:' ?:::::::::::::::::'::::::::::~:~::::i~::~::):/::: '::,:",.,,,,.,.,,,.,.,,,,,,.,,,,' """.,.'""..... <.,.".,.""":,.,:,."",,,,,,,,;,..,,,J"!UD!!ttt'i:'i Commonweal~of Pennsylvania !ij!i!!!I:!i::)ii:;iii:i!:j)i:j)t!!:[i!!l::!!i:~ii! ::;:;::::.:~!~!~:~~1ti~i~;~~:jf!?~1:!j!~i:if1[~jl~lli~1~~j[[~[~if~l[iiffi~mtj*~f1~~1~~f~~1tf1]~tt~1f[~~~[!f:~~jjf~Jft!t~~it~J.!it*f1tif~ll%t~flf.;{f~ County of I ss. Recorded in the Office of the Recorder of Deeds in and for said County on the day of ~ in Mortgage Book Volume ,page Witness my h-.cl and the seal of said office the day and year aforesaid. Recorder X Page 5 of . . . ~~'" Mortgage exhibit A .lb Mellon Bank This Exhibit A refers to that certain Mortgage dated I-.:z../ 1r191- DENNIS R. RITCHEY SHERRY Y. RITCHEY from as Mortgagor(s) to Mellon Bank. N,A. as Mortgagee: ALL THAT CERTAIN PARCEL OF LAND SITUATED IN TOWNSHIP OF HAMPDEN BEING KNOWN AS 4707 N. CLEARVIEW DRIVE PARCEL'#10-21-0279-047 AND BEING MORE FULLY DESCRIBED IN DEED BOOK 36-C PAGE 486 RECORDED ON 01/22/1993 AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, PA. PARCEL ID NUMBER: 10-21-0279-047 LZ.022t Rev.(4,%) LC. 3196 LD 3196 0275 B 23-2949055 1 dlO281(OI) . .....gagetxhlblt A ,'\. " 1ib Mellon Bank This Exhibit A refers to that certain Mortgage dated I;' /Irlff. DENNIS R. RITCHEY SHERRY Y. RITCHEY from as Mortgagor(s) to Mellon Bank. N. A. as Mortgagee: ALL THAT CERTAIN PARCEL OF LAND SITUATED IN TOWNSHIP OF HAMPDEN BEING KNOWN AS 4707 N. CLEARVIEW DRIVE PARCEL' '10-21-0279-047 AND BEING MORE FULLY DESCRIBED IN DEED BOOK 36-C PAGE 486 RECORDED ON 01/22/1993 AMONG THE LAND RECORDS OF CUMBERLAND COUNTY, PA, PARCEL IO NUMBER: 10-21-0279-047 Lz..0221 Rev.(41!l6) L.C. 3/96 LD 3,96 0215 B 23-2949055 1 CLl0281(OI) 121499,1253 ( (- ADDE~iDUM TO MORTGAGE ....' DATED Pr-c.E..HI'~ /;/~ This Addc:ndum to that cert.1in inst!1.lll1ent identified above given by Undersigned to Mellon B:1llk.. N A. C"B:1llk '). \VHEREAS. L"ncc:rsignc:c;lIlc B...'1k cesire to incorpor:ue the: following provisions into s;tid instrume:nt. NOW. THEREFORE, Undersigned. intending to be leg:lIly bound hereby, coven:lllls;llld :lgre:s that the: following sh..lI be added to s;tid inst!1.lll1e:nt O1Ild 1TL1de: a pan thereof. 1. The inde:btedne:ss secured bv s:1id instrume:nt W:lS =de under a United S~tes Sm:lll Busine:ss Administr.ltion (S8A) nationwide: progr:un which uses t:l,'( dolL1rs to :lSsist sm:1I1 business o\\'ne:rs. If the United Suces is seeking to enforce said instrument. then undc:r SBA regulations: (a) ""'hen S SA is the holdc:r of the l'ict:. s:1id instrument ;lIld all dccumc:ncs evidencing or securing t/tis LO:lll will be construed in accord;mce \vitb feder:d law. (b) Lendc:r or SSA may use loc:al or st:Ue procedures for purposes such 0lS filing p:1pe:rs. recording documentS. giving notice, foreclosing liens, and other purposes. By using these procedures, SBA doc:s net w;tive any fedcr:LI immunity from loel or S1:1te control, penalty, C:1,"t or liability. No Borrower or Gu=tor rru1y claim or OlSsert ag;tinst SBA ;lIl~' local or SUle law to dcnY:lllY oblig:uion of BOtTOwer, or dcfe:1t atl). claim of SSA with respect to this LOOlll, 2. Any clause in said instnunent requiring arbitr:1tion is not enfoTCe:lble when SBA is the holder of the Note s=cd by this inmument. WITNESS, the due execution hereof this !!!feayof g &~AFA' , 199 f,. WITNESS: ~ERSIG~'ED ~~if0.A)-(1 (Seal) .---- ~ I Ac~(.,?eal)' CELTIC MX.N PUBLISHING. m::, Corporation or other entity /!!~ . ~~/--- ATTEST: ../ DENNIS R, Rl'IOlEY Title.:.' cm By;... . SHERRY v, Y. Rl'IOlEY T rtIe:-' PRJ;SJDENI' . (Seal) By: (Seal) Title: -". .. \ . i. From . DENNIS R, RITCHEY SHERR'Y Y. RITCHEY To Mellon Bank, N.A. Recorder mail to. and aU notices fo be mailed or-delivered to: Mellon Bank, N,A, Business Banking Loan Center P.O. Box 3080 Pittsburgh. PA 15230-3080 Attn: Collateral Unit 0275 00266 CL.1028.1 Rev.(4i97) LC. 3197 LV 3197 0275 B 23.2949055 I 0110281(011 Page 6 of6 " U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affi:' .... ~'".,"~" '.I(lN .~OS~/' 11/;-"1' I,fAYBEUSEDFORDOMESTICANDINTERNATlONAL >l-~:"'--~st'\ ' 't-~ \JAIL. DOES NOT PROVIDE FOR INSURANCE,POS1MASTER ~ /' .' \ i -cI ,,-. ~(""" 'I~i )\(.,ry :~:~;:::::AKER' ESQUffiE \ c~ ;i~~0-2q~~) HOURIGAN, KLUGER & QUINN, p.e "'11M . ,. n"... " ';"", ~;~~~ ::e;:;04 ~ ~~1!~i':;;;~~~i:::..,?:~"":;1 '!::;"!;--'j~~ !" c"" I,~.d "'0'--" (~ ~ :.0 ll~ ~~, \:':- f.J ~~1 ~utlf .It..> .It""'.... ~NE PlECE OF ORDINARY MAIL ADDRESSED TO: SHERRY Y RITCHEY 4707 N CLEARVIEW DR CAMPHILLPA l7011 's FORM 3817, MaJ'. 1989 . ~ t1<h;ht E ~ ~ ~ " " January 5, 2005 Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 RE; Account No.: . Property Address; 0586021-0101 4707 N. Clearview Drive, Camp Hill, P A 17011 TO: Sherry Y. Ritchey FROM; Mellon Bank, NA, now by assignment, Citizens Bank of Pennsylvania Enclosed is a notice of your rights under the Homeowners' Emergency Mortgage Assistance Act of1983. Your continued delinquency leaves us no choice but to institute these proceedings against you. You will note that you have thirty (30) days from the postmark date hereof to make the required payment demanded or to meet with a bank representative or a consumer credit counseling agency to discuss your default condition. If you have not done either within that time, our attorney will begin foreclosure action. In any foreclosure astian, you shall have the right to assert the nonexistence of a default or any other defense that you may have to acceleration or foreclosure. If you believe that you have suell a defense, please contact Joseph E. Sweeney at (570)-826-2806 immediately or after consulting with an attorney. You will not receive any further communication from us regarding this matter in addition to the formal notices being sent under separate cover as discussed above. Very truly yours, Citizens Bank: of Pennsylvania /"\ I I ! ,/ ( } '1_-"" " /',/ ,/ II SENT FIRST CLASS.MAIL POSTAGE PREPAID UNvfRU.S. POSTAL FORM 3817 WHICH IS EVIDENCE OF DELIVERY ""'..~-- BY; cc: 1. Sweeney 591215.1 Date: rllllllary 5, 2004, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Tbis is an official notice tbat tbe morteaee on your bome is in default. and tbe lender intends to foreclose. Specific: infonnation about tbe nature of tbe default is provided in tbe attacbed pa:es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to belp to save your bome. Tbis Notice explains how tbe pr02ra. works. To see ifHEMAP can help. you must MEET WITH A CONSUMER. CREDIT COUNSELING AGENCY WlmIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseline A:eac:y. Tbe name. address and phone number of Consumer Credit Counseline A.cencies servin: your County are listed at the end of this Notice. If you bave any question", you may caR the Pennsylvania Housin2 Finance A:ency toll free at 1-800-342-2397. (persollS with impaired bearine can call (717) 780-1869). Tbis Notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to belp explain it. You may also want to contact an attorney in your area. The local bar association may be able to belp you find a lawyer. LA NOTIFICATION EN ADJUNTOESDESUMAIMPORTANCIA,PUESAFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICATION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL 591215.1 PUEDESALV ARSUCASADELAPERDIDADELDERECHOAREDlMIRSUBIPOTECA. HOMEOWNER'S NAME(S): Dennis ll. Ritchey and Sherry Y. Ritchey PROPERTY ADDRESS: 4707 N. C1earview Drive Camp Hill. PA 17011 LOAN ACCT. NO.: 0586021-0101 ORIGINAL LENDER: Mellon Bank. N.A. CURRENT LENDERlSERVICER: Citizens Bank of Pennsylvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1'83 (THE" ACT"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IFYOURDEFAULTHAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECf OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay offoreclosure 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 THENEXT (30) DAYS. IF YOU DO NOT APPL Y FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 591215.1 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 default for the reasons 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 ofthe designated consumer credit counseling agencies listed at the end ofthis 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 LEITER, FORECLOSURE MAY PROCEED AGAlNSTYOUR 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 win be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN AITEMPT TO COLLECT THE DEBT. (Hyou have filed bankruptcy you can still apply for Emergency MortRaRe Assistance.) NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 4707 N. Clearview Drive. Camp Hill. P A 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT made the required payment in full demanded . Other charges (explain/itemize): $91215.1 TOTAL AMOUNT DUE: $368.232.86 B. YOU HAVE FAILED TO TAKE THE FOllOWING ACTION (Do not use if not ap\?licable): You may pay the full amount due within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $368.232.86. 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: Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre. PA 18711-0101 Joseph E. Sweeney IF YOU DO NOT Day the full amount due within TIllRTY (30) DAYS of the date ofthis Notice, the lender intends to eJlercise its riehts to accelerate the morteaee debt. IffuJl payment of the total amount due is not made within THIRTY (30) DAYS, the lender intends to instruct its attorneys to start legal action to foreclose upon your morteaeed property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. lfthe lender refers your case to its attorneys, but you pay the full amount due 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 you owe the lender which may also include other reasonable costs. If you pay the full amount due within the THIR~ (30) DAY period. yOU will not be required to pay attorney's feu. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not paid the full amount due within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to pay the full amount due and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then due. plus any late or other charJ:1:es then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing bv the lender and by performing any other requirements under the mortgage. EARLIEST POSSIBLE SHERIFF'S SALE DA TE-lt is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately -3- months 591215.1 from the date ofthis 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: Name of Lender: Citizens Bank ofPennsvlvania Address: 8 West Market St. Wilkes-Barre. PA 18711-0101 Phone Number: (570) 826-2806 Fax Number: (570) 826-2635 Contact Person: Joseph E. Sweeney EFFECT OF SHERIFF'S SALE-You should realize that a Sherifi's 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 Sherifi's 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 mayor X 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 costs 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 INSIHUTION TO PAY OFF TffiSDEBT. . TO HAVE TffiSDEFAULT PAID IN FULL BY ANY TffiRDPARTY ACTING ON YOUR BEHALF. . TO ASSERT THE NONEXISTENCE OF ADEF AULT IN ANYFORECLOSURE 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 '9121'.1 (Fill in a list of all Counseline Aeencies listed in Appendix C. FOR THE COUNTY in which the Droperty is located. usine additional paves ifnecessarv) Cumberland Adams COUIlty Housing Authority 139-143 Carlisle Sl. Gettysburg, PA 17325 (717) 334-1518 CCCS ofWesternPA 2000 Linglestmw Road Harrisburg, PA 17102 (717) 541-1757 PHFA 2101 North Front S1Jeet P.O. Box 15530 Harrisburg, PA 17105 (717) 780..3940 IDD for hearing impaired: (717) 780-1869 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 Community Action Commission of Capital RegiOll 1514 Derry street Harrisburg, PA 17104 (717) 232-9757 Loveship, mc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Financial Counseling Services of Fnmldin 43 Philadelphia Avenue Waynesboro. PA 17268 (717) 762-3285 591215.1 HOURIGAN, KLUGER & QUINN A PROFeSSIONAL COf8'OR.AOON ALl.AN M. KLUGER RICHARD M. GOLDBERG JOSEPH A. LACH RONALD V. SANfORA JOSEPH E. KLUGER J......ES T. SHOeMAKER DONALD C. L1BORIO MICHELlE M. OUlNN DAVID A'KENS, JR. EDWARD J. CIARIMBOLl JOSEPH M. L1PlHSMI JOSEPH A. QUINN, JR. ARTHUR L.. PICCONE RICHARD S. BISHOP NEIL e. WENNER DANIEL J. DISTASIO ALeXIA KIT... SLAKE' MICHAeL J. KOWALSKI RICHARD M. WILLIAMS JENNIFER L ROGERS L1TT.n" AMANDA V. WRIGHT-KLUGER MICHAEL A. LOMBARDO III LAW OFACES SUITE TWO HUNDRED 434 LACKAWANNA AVENUE: SCRANTON, PA 185Q3-2014 (570) 340-8414 FACSIMIl.E (510) 961-507:1 800 THIRD AVENUE KINGSTON, PA 18704-5815 (570) 287-3000 FACSIMILE (570) 287,8005 E.MAIL: hkq@hkqpc.com 'ALSO ~EMelR NJ BAR ANDREW W, HOURIGAN, JR. 1945.19'18 January S, 200S Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PAl 70 11 RE: Account No.: 0586021-0101 Property Address: 4707 N. Clearview Drive, Camp Hill, P A 17011 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN AlTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WIU:1lN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRl'ITEN REQUEST WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, JTS/pah ( \ ~r-I '- " Jam~ T; Shoemaker, Esquire 591215.1 U.S. POSTAL SERVICE iI CERTIFlCA TE OF MAILING I-lA Y BE USED FOR DOMESTIC AND lNTERNA TIONAL I-lAIL, DOES NOT PROVIDE FOR lNSURANCE-POSlMASTER RECEIVED FROM: lAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.c. 500 Third Avenue Kingston, PA 18704 :JNE PIECE OF ORDlNARY MAIL ADDRESSED TO: DENNIS R RITCHEY 4707 N CLEARVIEW DR CAMP HILL PA ]7011 PS FORM 3817, Mar. 1989 ... \ ~! ; f~1 ''H ~_ ~ t.. +ltJtIf-It**.ltlt'It** All1 pOSl POSl \v \. ")......""".- kJI-, /,p, ~;~\ .,j 0-.. 'r, . ~ :;::'::'~X'\~! ,.,\ ',:.'r ".. ,'>...., '..<:~:~ " >.'.- , _.~;j.\- II. :'11 I l!i C:1 ~.,-::> January 5, 2005 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 RE: Account No.: Property Address: 0586021-0101 4707 N. Clearview Drive, Camp Hill, P A 17011 TO: Dennis R. Ritchey FROM: Mellon Bank, NA., now by assignment, Citizens Bank: of Pennsylvania Enclosed is a notice of your rights under the Homeowners' Emergency Mortgage Assistance Act of1983. Your continued delinquency leaves us no choice but to institute these proceedings against you. You will note that you have thirty (30) days from the postmark date hereof to make the required payment demanded or to meet with a bank: representative or a consumer credit counseling asency to discuss your default condition. If you have not done either within that time, our attorney will begin foreclosure action. In any foreclosure action, you shall have the right to assert the nonexistence of a default or _y other defense that you may have to acceleration or foreclosure. If you believe that you have such a defense, please contact Joseph E, Sweenevat (570)-826-2806 immediately or after consulting with an attorney. You will not receive any further communication from us regarding this malter in addition to the formal notices being sent under separate cover as discussed above. Very truly yours, Citizens Bank: of Pennsylvania /' / \ ,1__-.-- BY: \. . /1 I , SENT FIRST CLASS MAIL POSTAGE PREPAID UNDi~u.s. POSTAL FORM 3817 WIDCR IS EVIDENCE OF DELIVERY cc: 1. Sweeney 591204.1 Date: January 5, 2004, ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on your home is in default. and the lender intends to foreclose. Specific information about tbe nature oftbe default is provided in tbe attached pa,Jes. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to belp to save your bome. This Notice explains how tbe provam works. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WnHlN 30 DAYS OF THE DATE OF THIS NOTICE. Take tbis Notice witb you when vou meet witb the Counseline- Aeency. The name.. address and phone number of Consumer Credit Counseline Ae-encies servine your County are listed at the end ofthis Notice. If you have any questions. you may call the Pennsylvania Housine Finance Ae-ency toll free at 1-800-342-2397. (persons witb impaired hearine- can call (717) 780-1869). This Notice contains important legal information. If you have aDY 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 NOTIFICATION EN ADJUNTOES DE SUMAIMPORTANCIA,PUESAFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICATION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL 591204.1 PUEDE SALV ARSUCASADELAPERDIDADELDERECHOAREDlMlRSUHlPOlECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Dennis R. Ritchey and Sherry Y. Ritchey 4707 N. Clearview Drive Camp HiU. PA 17011 LOAN ACCT. NO.: 0586021-0101 ORIGINAL LENDER: Mellon Bank. N.A. CURRENT LENDERlSERVICER: Citizens Bank of Pennsvlvania HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FV1'UlQ: MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "Acr"), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPEcr OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay offorec1osure 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 conSWlleC credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WJ:(Hm l'BENEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ~~SJSTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TIllS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. 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 ofthis meeting. The names. addresses and telephone :591204.1 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- Y ouemortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature ofyoue 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 ofyoue 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 LETI'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE wn.L 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 youe 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 PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATI'EMPT TO COLLECT THE DEBT. (Hyou have filed bankruptcy you can stiD apply (or Emerl!;ency Mortl!;al!;e Assistance.) NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 4707Nc ClearviewDrive. CampHiItPA l70Il IS SERlOUSLYINDEFAULT because: A. YOU HA VB NOT made the required payment in full demanded. Other charges (explainlitemize): 591204.1 TOTAL AMOUNT DUE: $368.232.86 B. YOU HAVE FAILED TO TAKE TIIE FOLLOWING ACTION (Do not use if not aoolicable): You may pay the full amount due within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WInCH IS $368.232.86, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WInCH 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: Citizens Bank: of Pennsylvania 8 West Market St. Wilkes-Barre. PA 18711-0101 Joseph E. Sweeney JF YOU DO NOT pay the full amount due within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riehts to accelerate the morteaee debt. Ifful1 payment oithe total amount due is not made within THIRTY (30) DAYS, the lender intends to instruct its attorneys to start legal action to foreclose upon your mortEaaed property. JF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you pay the full amount due 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 JegaI 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 you owe the lender which may also include other reasonable costs. If you pay the full amount due 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. If you have not paid die full amount due within the THl'RTY (30) DAY period and foreclOlme proceedings have begun, you still have the right to pay the full amount due and prevent the sale at any time UD to one hour before the Sheriff's Sale. You may do so by Dayinll the total amount then due. plus any late or other charges then due. reasonable attorney's fees and costs connected witllthe foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writin2 by the lender and by performinll any other requirements under the mortga~e. EARLIEST POSSmLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately -3- molltbs 591204.1 from the date or this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the 10llger you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CQNTACT THE LENDER: Name or Lender: Citizens Bank or Pennsylvania Address: 8 West Market St. Wilkes-Barre. PA 18711-0101 Phone Number: (570) 826-2806 Fax Number: (570) 826-2635 Contact Person: Joseph E. Sweeney EFFECT OF SHERIFF'S SALE-You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. Hyou continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any tijl1e. ASSUMPTION OF MORTGAGE-You mayor X 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 costs 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 ANOTHERLENDING INSTITUTION TO PAY OFF TIllS DEBT. . TO HAVE TIllS DEFAULT PAID IN FULL BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO ASSERT THE NONEXISTENCE OF ADEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY OTHER DEFENSE YOU BELffiVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 591204.1 (Fill in a list of all Counseline Aeencies listed in Appendix C. FOR THE COUNTY in which the property is located. usinS!: additional par if necessary) Cumberland Adams County Housing Authority 139-143 Carliale St. Gettysburg, PA 17325 (717) 334--1518 Community Action Commission of Capital Region 1514 Derry Street Hanisburg. P A 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Hani.burg. PA 17110 (717) 232-2207 5912M.l CCCS ofWestemPA 2000 Linglestown Road Hani.burg, PA 17102 (717) 541-1757 Financisl Counseling Services of FIllIIk1in 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 2101 North Front Street P.O. Box 15530 Hanisburg, PA 17105 (717) 780-3940 TDJ> fer hearing impaired: (717) 710-1869 Urboll Lasue of Metropolitan Hbg 2107 N. 6th Street Hanisburg. PA 1710 1 (717) 234-5925 HOURIGAN, KLUGER & QUINN It ~FesSlONAl COffPO,UnOH ALLAN M. KLUGER RICHARD M. GOLDBERG JOSEPH "'- lACH RONALD V. SANTORA JOSEPH E, KL.UGER JAMES T. SHOEMAKER DONALD C. L1BORIO MICHELLE M. QUINN DAViD AIKENS, JR. EDWARD J. CIARIMBOU JosePH M. LIPINSKI JOSePH A. QUINN, JR. ARTHUR L. PICCONE RICHARD S. BISHOP Mell.. E. WENNER DANIEL J. DISTASIO ALEXIA KIT" BLAKe" MICHAeL. J. KOWAlSKI RICHARD M. WIl.LIAMS JENNIFER L ROGERS l.ITTZ'" AMANO.... V. WRIS,..T-KlUGfR MICHAEL A. LOMBARDO III LAW OFACES SUITE TWO HUNDRED 434 l.ACKAWANNA AVENUE SCRANTON. PA 18503-:101. (570) 348-'414 FACSIMilE (&70) 9fJl-tI0'12 1500 THIRD AveNUE KINGSTON. PA 18704-5815 (570) 287-3000 FACSIMILE (570) 287,8005 E.MAIL: hkq@hkqpc.com "ALSO MEMBER MJ BAR AIiDflEW W. HOUAI$AN, JR. 1948-11178 January 5, 2005 Dennis R Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 RE: Account No.: 0586021-0101 Property Address: 4707N. ClearviewDrive, Camp Hill, PA 17011 IMPORTANT NOTICE THIS NOTICE IS SENT TO YOU IN AN AITEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITH.JN THIRTY (30) DAYS OF RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THE DEBT, IT WILL BE ASSUMED TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WJ.TH.JN THIRTY (30) DAYS THAT THIS DEBT, OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN AND FORWARD TO YOU A VERIFICATION OF THE DEBT OR THE JUDGMENT AGAINST YOU. WE WILL ALSO PROVIDE, UPON WRITI'EN REQUEST WUH.JN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. Very truly yours, JTS/pah (' i. .F .,:-...--/. Janri;sJt::!Shoemaker, Esquire ,-j 591204,1 VERIFICATION I, Joseph E. Sweeney, Assistant Vice President of Citizens Bank of Pennsylvania, hereby certify that I have the authority to make this verification on its behalf. The facts set forth in the foregoing complaint are true and correct to the best of my knowledge or information, and belief. This verification is made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. ~~d Io-V-f 609836.1 (.J ~ AJ n:i ~ ~ it- en - ~ 0 E ~ ~ o - :t- -, - G :..:., (0". . ' -n ~= _J. tf) ._ "1:-..:, r. " c.) "- -, SHERIFF'S RETURN - REGULAR CASE NO: 2004-02309 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH BANK VS RITCHEY DENNIS R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RITCHEY DENNIS R DEFENDANT was served upon the , at 1932:00 HOURS, on the 26th day of May , 2004 at 4707 N CLEARVIEW DRIVE CAMP HILL, PA 17011 JAIME RITCHEY, DAUGHTER IN LAW by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 Sworn and Subscribed to before me this /A.J- day of ~ ~'f A.D. ~a~ -- prothonotary'~ So Answers: R. ::o~in:< ~~ OS/27/2004 A /J HOUR':~ KLUGER~I4, U Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-02309 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH BANK VS RITCHEY DENNIS R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE RITCHEY SHERRY Y was served upon the DEFENDANT , at 1932:00 HOURS, on the 26th day of May 2004 at 4707 N CLEARVIEW DRIVE CAMP HILL, PA 17011 JAIME RITCHEY, DAUGHTER IN LAW by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /J day of G.u.-<- o2.bo 'I A. D . ~- a . .~,~ othonotary So Answers: .r'~~<~ R. Thomas Kline OS/27/2004 HOUR'"^" KLUGER QU'NN . 11 By: !~f!t ~ Deputy Sheriff HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue Kingaton, PA 18704 (570) 287-3000 COMMONWEALlH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 10 NOTICE OF PRAECIPE TO ENTER JUDGMENTBYDEFAULT TO: Sherry Y. Ritchey 4707 N. C1earview Drive Camp Hi\!, P A 17011 Dennis R. Ritchey 4707 N. C1earview Drive Camp Hill, P A 17011 Date of Notice: June 17,2004 IMPORTANT NOTICE: Pursuant to P A Rep 237. S YOU ARE IN DEFAULT BECAUSE YOU HAVE I'AILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATIORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORlH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WIlHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 617054.1 YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Stmet Harrisburg, P A 17108 (Pennsylvania residents phom:: 1-800-692-7375; out-of-statl:: residents phone: 1-717-238-6715) , \..-..-::::---~ James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 617054.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am selvrng a true and correct copy of the foregoing notice of praecipe to enter default judgment upon the defendants, Dennis R. Ritchey and Sherry Y. Ritchey, by depositing said document in the United States mail, /irst class, postage prepaid, addressed as follows: Sherry Y. Ritchey 4707 N. C1earview Drive Camp Hill, PA 17011 DI:nniS R. Ritchey 4707 N. Clearview Drive Camp Hill, P A 17011 617057.1 Respectfully subrrdtted, HOURIGAN, KLUGER & QUINN, P.C. By: ~~~ ~- James T. Shoemaker, Esquire Counsel for the plaintiff Dated: June 17, 2004 6170S7.1 () r; if,f1~; t,~ i_~~ ,~,~~. ..7" ~~~ ~ N = = .c- <.... c..-: :;~ o -n X." m- r- -om esy ,--,0 I"Yj C)7J -;-',..(") r-::;;rq .~2 .:.~ :< co """ ::r .&:"" W HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue Kingston, PA 18704 570-287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CfVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: PROTHONOTARY Please enter judgment in favor of the plaintiff, Commonwealth Bank, now by assignment, Citizens Bank of Pennsylvania, and against the defendants, Dennis R. Ritchey and Sheny Y. Ritchey, for their failure, within the required period of time, to file an answer to the plaintiffs complaint, which was properly endorsed with a notice to plead. 621385,1 The plaintiffs damages are in the amount of$375,208.67 plus accrued interest from April 30, 2004, through to the date of distribution of sheriffs sale, accruing at the per diem rate of$47.88, attorney's fees in the amount of20% and costs until paid. A true and correct copy of the notice of intention to enter default judgment, which was mailed to the defendants, is attached hereto, incorporated herein by reference and marked Exhibit "A." Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. BY: ~> James T. Shoemaker, Esquire /.D. No. 63871 Counsel for the plaintiff, Commonwealth Bank, now by assignment, Citizens Bank of Pennsylvania 600 Third Avenue Kingston, PA 18704 (570) 287-3000 (570) 287-8005 (Fax) Dated: July -fi-, 2004 621385_1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE IDENTIFICATION NO. 53871 LAW OFFICES 600 Third Avenue Kingslon, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA ATTORNEY FOR Plalnllff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 10 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Sherry Y. Ritchey 4707 N. Clearview Drive CampHiU,PA 17011 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 Date of Notice: June 17. 2004 IMPORTANT NOTICE Pursuant to PARCP 237.5 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAlNSTYOU. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WI1HOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 617054.1 ~ EXHIBIT ~ ~ A ~ .. YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOTHA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WIlli INFORMATION ABOUT IDRING A LAWYER. IF YOU CANNOT AFFORD TO IDRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH lNFORMATION ABOUT AGENCIES TIfAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. COURT ADMINISTRATOR Cumberland County Court House Carlisle, PA 17013 (717) 249-1133 - or- PENNSYLVANIA LAWYERS REFERRAL SERVICE P.O. Box 1086, 100 South Street Harrisburg, P A 171 08 (Pennsylvania residents phone: 1-800-692-7375; out-<lf-statc residents phone: 1-717-238-6715) ~ James T. Shoemaker, Esquire Attorney for Plaintiff Supreme Court ID No. 63871 600 Third Avenue Kingston, PA 18704 Telephone No: 570-287-3000 617054.1 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CfVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 DEFAULT JUDGMENT AND NOW, this...</.fI-aayof .LL...j , 2004, judgment is entered in favor of the plaintiff, Commonwealth Bank, now by as[ignment, Citizens Bank of Pennsylvania, by reason of the defendants, Dennis R. Ritchey and Sheny Y. Ritchey's failure, within the required period of time, to file an answer to plaintiffs complaint, which was properly endorsed with a notice to plead. The plaintiffs damages are in the amount of$375,208.67 plus accrued interest from April 30, 2004, through to the date of distribution of sheriffs sale, accruing at the per diem rate of$47.88, attorney's fees in the amount of20% and costs until paid. PROTHONOTARY ( ~7 By:a~'J72~~__ ~r- 621385.1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: JAMES T. SHOEMAKER, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION NO. 63871 LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYL VANIA IN THE COURT OF COMMON PLEAS OFCUMBERLN~DCOUNTY Plaintiff vs. CIVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 CERTIFICATE OF SERVICE I, James T. Shoemaker, Esquire, hereby certify that I am serving a true and conect copy of the foregoing praecipe to enter default judgment upon the defendants, Dennis R. Ritchey and Sherry Y. Ritchey, by depositing said document in the United States mail, first class, postage prepaid, addressed as follows: Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N. CIearview Drive Camp Hill, PA 17011 621396_1 Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.c. By:. ~---5 --- James T. Shoemaker, Esquire Counsel for the plaintiff Dated: July Ie" 2004 621396.1 t^lfi ~ p; .... _ 0 j ~ ~ ~ ~ . ~ ~1- fi\ (--- (' ^- ~ -'I C_' < PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.c.P. 3180-3183 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 To the Prothonotary: Issue writ of execution in the above matter. Principal indebtedness $375,208.67 Accrued interest from 04/30/04 through 12/08/04 (per diem $47.88) $10,629.36 Attorney's fees (20%) $ 77 167.60 TOTAL $463,005.63 plus costs \.-? -----S , James T. Shoemaker, Esquire Attorney for the plaintiff 620960.1 No.2309C Term, 2004 J,D. Term, 20 Q!. E.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH BANK, NOW BY ASSIGNMENT, CITIZENS BANK OF PENNSYLVANIA No. Plaintiff, vs. DENNIS R RITCHEY AND SHERRY Y. RITCHEY Defendants, PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: JAMES T. SHOEMAKER, ESQUIRE Address: 600 Third Avenue Kingston, PAl 8704 Where papers may be served 620960.1 ]CJ ~ -;v~ ~~ ~ '- - III ~ ~ '-4- '- ~ r ~- ~ ~ kf ~ f-- -4:l.~ . :--... V) () () (). r~ r ~ W ~-tv~ Q l..~~f~ ~ ()J iry () e-, () (r..> (;> VI C toe l/)o ~0 :: ::-:;=-::ft.?== ~ - :.,"1J::.J::r--.. ;.\- - .~ ~._) :: 11 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker. Esquire IDENTIFICATION NO. 63871 ATI"ORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue KinIJ'lOn, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 AFFIDAVIT PURSUANT TO RULE 3129.1 Tbe plaintiff in the above action sets forth as of the date the praecipe for writ of execution was filed the fullowing infonnation concerning the real property located at 4707 N. Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto. 1. Name and address of owners: Sherry Y. Ritchey 4707 N. CIearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 2. Name and address of defendants in the judgment: 620970.L Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PA l701l Dennis R. Ritchey 4707 N. CIearview Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fleet Real Estate Funding Corp. 1333 Main St. Columbia, SC 29201 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 Mellon Bank, N.A. Two Mellon Center 501 Grant St. Pittsburgh, PA 15259-001 US SmaIl Business Administration 2120 Riverfront Drive Little Rock, AK 72202 US Small Business Administration 360 Rainbow Blvd. South Niagara Falls, NY 14303-1I92 4. Name and address of the last recorded h01der of every mortgage of record: Bank United 3200 Southwest Freeway Suite 1600 Houston, TX 77027 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 1871I 5. Name apd address of every other person who has any interest in or record lien on the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau Courthouse One Courthouse Square Carlisle, P A 17013 Manufacturers and Traders Trust Co. 213 Market St. Harrisburg, PA 17101 620970.1 6. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations Courthouse One Courthouse Square Carlisle, PA 17013 Hampden Township Tax Collector 230 S. Sporting Hill Road Mechanicsburg, PA 17050 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. HOURIGAN, KLUGER & QUINN, P.C. BY:~~ James T. Shoemaker, Esquire Attorney for the plaintiff Dated: O'6( () S ,2004 620970.1 ALL that certain piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by William B. Whittock, Registered Professional Engineer, dated August 31, 1959, as follows: BEGINNING at a point on the North side ofClearviewDrive which point is 215 feet West of Hampden Avenue; TIIENCE extending along Clearview Drive South 86 degrees 52 minutes West 60 feet to a point of curve; TIIENCE still along the same on a curve to the right having a radius of 5 12.20 feet, the arc distance of 5 feet to a comer of Lot No. 34 on the hereinafter mentioned plan oflots; TIIENCE along Lot N. 34, North 2 degrees 39 minutes West 112.60 feet; TIIENCE North 86 degrees 52 minutes East 65 feet to a comer of Lot No. 32 on said plan; TIIENCE along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the point and place of BEGINNING. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 of Clearview Farms" as recorded in Plan Book 9, Page 6, Cumberland County records. HAVING thereon erected a one-store frame dwelling known as No. 4707 Clearview Drive, Camp Hill. BEING the same premises which Elliott S. Newmark and Nora M. Newmark, his wife, by Deed dated August 13, 1985 and recorded August 15, 1985 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 31-K, Page 741, granted and conveyed unto George T. Thomson and Debra A. Thomson, his wife, the grantors herein. Exhibit "A" 6210:50.1 _.) __I ~-"'-' HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: Jamas T, Shoemaker, Esquire IDENTIFICATION NO. 53871 LAW OFFICES 800 Third Avenue Kingaton, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignmeot, CITIZENS BANK OF PENNSYL VANIA ATTORNEY FOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Sherry Y. Ritchey 4707 N. CIearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N. CIearview Drive Camp Hill, PA 17011 NOTICE 'IS HEREBY GIVEN that by virtue of the above-captioned writ of execution issued under the above-captioned judgment directed to the sheriff of Cumberland County, there will be exposed to public sale, by venue or outcry to the highest and best bidder, for cash, in the Courthouse, in the Carlisle, Cumberland County, Pennsylvania, on December 8, 2004, at 10:00 a. m., in the forenoon of the said day, all your right, title and interest in and to all the certain piece ofJand or parcel ofJate situate in the Hamden Township, Cumberland County, Pennsylvania, the same more particularly described in Cumberland County deed book 36-C page 486 . NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the sheriff will within thirty (30) days thereafter file a schedule of distribution in his office, where the same will 620971.1 be available for inspection and that distribution will be made in accordance with this schedule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: L/ ~ James T. Shoemaker, Esquire J.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 620971.1 2 ;n c.. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2309 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH BANK, NOW BY ASSIGNMENT, CITIZENS BANK OF PENNSYLVANIA, Plaintiff (s) From DENNIS R. RITCHEY AND SHERRY Y. RITCHEY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also direcled 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 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 is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $375,208.67 L.L. $.50 Interest ACCRUED INTEREST FROM 4130/04 THROUGH 12/08/04 (PER DIEM $47.88)- $10,629.36 Ally's Connn 20% $77,167.60 Ally Paid $136.35 Due Prothy Other Costs $1.00 Plaintiff Paid Date: AUGUST 11, 2004 (Seal) CURTIS R. LONG Prothonot";)? ~"/l1-,-2. 7JCJU4.1J Deputy REQUESTING PARTY: Name JAMES T, SHOEMAKER, ESQUIRE Address: 600 THIRD AVENUE KINGSTON, PA 18704 Attorney for: PLAINTIFF Telephone: 570-287-3000 Supreme Court ID No. 63871 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO, 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 THIRD AVENUE KINGSTON, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CNIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 AFFIDAVIT OF SERVICE I, James T. Shoemaker, Esquire, being duly sworn according to law, depose and state as follows: 1. That I am the attorney for the plaintiff in the above-captioned matter. 2. That on November 5, 2004, a notice of sheriffs sale was sent to: Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 Fleet Real Estate Funding Corp. 1333 Main St. Columbia, SC 29201 Manufacturers and Traders Trust Co. 213 Market St. Harrisburg, P A 17101 636709.1 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 US Small Business Administration 2120 Riverfront Drive Little Rock, AK 72202 Bank United 3200 Southwest Freeway Suite 1600 Houston, TX 77027 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 Cumberland County Tax Claim Bureau Courthouse One Courthouse Square Carlisle, P A 17013 Cumberland County Domestic Relations Courthouse One Courthouse Square Carlisle, P A 17013 Small Business Association Attn: Paul Emery Robert N.C. Nix Federal Bldg, 900 Market St. Philadelphia, P A 19107 636709.1 Mellon Bank, N.A. Two Mellon Center 501 Grant St. Pittsburgh, PA 15259-001 US Small Business Administration 360 Rainbow Blvd. South Niagara Falls, NY 14303-1192 Washington Mutual Bank c/o Federman and Phelan, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Washington Mutual Home Loans PO Box 44016 Jacksonville, FL 32231-4016 Hampden Township Tax Collector 230 S. Sporting Hill Road Mechanicsburg, P A 17050 Advanced Communications Agency, Inc. c/o Eckert Seamane Cherin & Mellott, LLC PO Box 1248 Harrisburg, P A 17108 United States of America Civil Process Clerk Middle District of P A Office of Attorney General Federal Bldg. Washington and Linden Sts. Scranton, PA 18501 Chromulak & Associates, LLC 375 Southpointe Blvd., 4th Fl. Cannonsburg, PA 15317 Household Finance Consumer Discount 2700 Sanders Road Prospect Heights, IL 60070 United States of America Internal Revenue Service Special Procedures PO Box 12051 Philadelphia, PA 19105 Veterans Administration Bishop Henry Whipple Federal Bldg. Fort Henry St. Paul, MN 55111 United States of America John Ashcroft Office of US Attorney General lOth and Constitutional Aves. Washington, DC 20503 Legacy Bank 4231 Toodle Road Camp Hill, PA 7011-5728 Pennsylvania Dept. of Revenue Bureau of Business Trust Fund PO Box 281041 Harrisburg, P A 17108-1041 A true and correct copy of the certificate of mailing is attached hereto and made a part hereof and marked Exhibit" A". 636709.1 Sworn to and subscribed before me this 5th day of November, 2004 tl~ NOTARIAL SEAL DEBORAH A. HOUSENICK. Notary PUblIC W1lkes-BatTe, LUzerne county MY commIssion EXpIres oct. 9, 2005 636709.1 BY~S James T. Shoemaker, Esquire J.D. No. 63871 Counsel for the Plaintiff, Commonwealth Bank, now by assignment, Citizens Bank of Pennsylvania J.S. POSTAL SERVICE CERTIFICATE OF MAILING \tIA Y BE USED FOR DOMESTIC AND INTERNATIONAL \tIAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER lECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE 'IOURIGAN, KLUGER & QUINN, P.C. 500 Third Avenue {ingston, P A 18704 ::>NE PIECE OF ORDlNARY MAIL ADDRESSED TO: SHERRY Y. RITCHEY 4707 N. CLEARVIEW DRIVE =AMP HILL, PA 17011 "S FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTlFlCATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T, SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, PA 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: DENNIS R. RITCHEY 4707 N. CLEARVIEW DRIVE CAMP HILL, PA 17011 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEfVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C, 600 Third Avenue' Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: FLEET REAL ESTATE FUNDING CORP. 1333 MAIN ST. COLUMBIA, SC 29201 PS FORM 3817, Mar. 1989 EXHffiIT "A" Affix fee here in stamps or meter ~_ "~\NGS /0. postage and post mark. Inquire of < ~ ~ '4' J. \ Postmaster for current fee. ~. ~ )~ ) 'Y' '\" en '~ ~, ~~- / Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ~.S. POSTAL SERVICE CERTIFICATE OF MAILING 'viA Y BE USED FOR DOMESTIC AND INTERNATIONAL 'viAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 1ECEIVED FROM: lAMES T. SHOEMAKER, ESQUIRE 10URlGAN, KLUGER & QUINN, P.C. 500 Third Avenue <.ingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: '. MANUFACTURERS AND TRADERS TRUST CO. 213 MARKET ST. HARRISBURG, PA 17101 "S FORM 3817, Mar. 1989 ~.S. POSTAL SERVICE CERTIFICATE OF MAILING 'viA Y BE USED FOR DOMESTIC AND INTERNATIONAL 'JAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 1ECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE -IOURlGAN, KLUGER & QUINN, P.C. 500 Third Avenue Zingston, P A 18704 :>NE PIECE OF ORDINARY MAIL ADDRESSED TO: \1ELLON BANK, N.A., NOW BY ASSIGNMENT, ::::ITIZENS BANK OF PENNSYLVANIA 8 W. MARKET STREET WILKES-BARRE, PA 18711 "S FORM 3817, Mar. 1989 ~.S. POSTAL SERVICE CERTIFICATE OF MAILING 'viA Y BE USED FOR DOMESTIC AND INTERNATIONAL 'JAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER 1ECEIVED FROM: JAMES T, SHOEMAKER, ESQUIRE -IOURIGAN, KLUGER & QUINN, P.C. 500 Third Avenue Zingston, P A 18704 :>NE PIECE OF ORDINARY MAIL ADDRESSED TO: \1ELLON BANK, N.A. TWO MELLON CENTER 501 GRANT ST. ?ITTSBURGH, PA 15259-001 's FORM 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Affix fee here in stamps oJ;:'fu;~:::-~, postage and post mark:liWuP'fof"~',~." \~ Postmaster for current it-.I ~!;. \ ) ~l j'V) \ t~ \ J/{/;!/ ' ..~/ \ ~, '. If /',.' ~~ -I. l..2!);.NIl"'- ' * '"?Joo'!."f- "-" ,r.J .. ., i:J.~ -... * . F.:l'1.,<.l - 0 9 0 . * ~i~1~i:i ;~ . ,i ~: 1- P T\ Pl3 !,",',a'i I u c ~OSTA~r" . * ~ f~?'2~!]:'3 '-~~~---<. J.S. POSTAL SERVICE CERTIFICATE OF MAILING VIA Y BE USED FOR DOMESTIC AND INTERNATIONAL VIAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER lECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE CfOURlGAN, KLUGER & QUINN, P.C. 500 Third Avenue :<.ingston, PA 18704 JNE PIECE OF ORDINARY MAIL ADDRESSED TO: TS. SMALL BUSINESS ADMINISTRATION 2120 RIVERFRONT DRIVE LITTLE ROCK, AK 72202 ~S FORM 3817, Mar. 1989 J.S. POSTAL SERVICE CERTIFICATE OF MAILING VIA Y BE USED FOR DOMESTIC AND INTERNATIONAL VIAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER lECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE -IOURlGAN, KLUGER & QUINN, P.C. 500 Third Avenue <ingston, PA 18704 DNE PIECE OF ORDINARY MAIL ADDRESSED TO: J.S. SMALL BUSINESS ADMINISTRATION 360 RAINBOW BL YD. SOUTH NIAGARA FALLS, NY 14303-1192 ~S FORM 3817, Mar. 1989 J.S. POSTAL SERVICE CERTIFICATE OF MAILING VIA Y BE USED FOR DOMESTIC AND INTERNATIONAL \-fAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER lECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE ':IOURlGAN, KLUGER & QUINN, P.C. 500 Third Avenue :<.ingston, P A 18704 JNE PIECE OF ORDINARY MAIL ADDRESSED TO: BANK UNITED 3200 SOUTHWEST FREEWAY SUITE 1600 :-I:OUSTON, TX 77027 ~S FORM 3817, Mar, 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. /<.~ / "...... ), ~ "- I~~i;> \\\\',I'<::~\ f~.,! \_'1 :s ~ -=,1 .- . ---"fl~ \~ ~~ --.. ~~_ -q,"S.:>'- ~ ~.'" ......... ~'. .. ~......r.'(:- ~,_: ,~ ~"\G,;;(~o~ ',t'''!f. l~..,.._ ....*- .. ""~ r O~ ft:".'t:,!tt-Rf' :t,.j} ,I.." ---.. 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SHOEMAKER, ESQUIRE 'IOURIGAN, KLUGER & QUINN, P.c. 500 Third Avenue Zingston, P A 18704 ~NE PIECE OF ORDINARY MAIL ADDRESSED TO: WASHINGTON MUTUAL BANK :/0 FEDERMAN AND PHELAN, LLP ::>NE PENN CENTER AT SUBURBAN STATION 1617 JOHNF.KENNEDYBOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 ~S FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEfVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.c. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: WASHINGTON MUTUAL HOME LOANS PO BOX 44016 JACKSONVILLE FL 32231-4016 PS FORM 3817, Mar. 1989 J.S. POSTAL SERVICE CERTIFICATE OF MAILING \iA Y BE USED FOR DOMESTIC AND INTERNATIONAL VIAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER lECENED FROM: . JAMES T. SHOEMAKER, ESQUIRE -IOURIGAN, KLUGER & QUINN, P.C. 500 Third Avenue Zingston, PA 18704 ~NE PIECE OF ORDINARY MAIL ADDRESSED TO: :UMBERLAND COUNTY TAX CLAIM BUREAU :OURTHOUSE ::>NECOURTHOUSESQUARE :ARLISLE, PA 17013 ~S FORM 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. ,,-\ot{'1~ f......J -~., ~ . ..\~ . ~ ' \:;:! s:~ !O~) ~ ......J ,_.:, ..~~ f ; \ " . .~.~- S&:r;~/ J'-?){ l..... -"-.- -~..... ~- '0 "1111\ t~ (~ V9 ~'}:ij;1I'J:!:I' . ...-li' ~\.....v_{ O~.. ~",,"'.-r'"- - '- * ,{~ ,-:\.~; ~:~;l : -.l;;" """ "d_;iiC"-".f "., _ '- NJV -5'04 \ \~,;:i~,'i (, >;."~:~ 0 9 0 -. : )J;~;/l:;~ ),~i ' -, : IO'tlt'il '.... ,. '- .' l. ~\:j 'I P r;. rO\~~:yiR lu c: POSTAr;....~ ~" ~j32~1~:33 I 1I~. \ ._....:... Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. - =:;;J: . '-.. ". .* o ,q 0 :: i , ... , .. p~ r,lHi;n . U S ftl\STA"'~ :: Q7')7"1~17. .. r'"U Y... (.1........._',.)'.,)..) '-'- Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. J.S. POSTAL SERVICE CERTIFICATE OF MAILING IJA Y BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER UlCEfVED FROM: JAMES T. SHOEMAKER, ESQUIRE .IOURIGAN, KLUGER & QUINN, P.C. 500 Third Avenue ~<.ingston, P A 18704 )NE PIECE OF ORDINARY MAIL ADDRESSED TO: " :UMBERLAND COUNTY DOMESTIC RELATIONS :OURTHOUSE ::)NE COURTHOUSE SQUARE :ARLISLE, P A 17013 "S FORM 3817, Mar, 1989 u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: HAMPDEN TOWNSHIP TAX COLLECTOR 230 S. SPORTING HILL ROAD MECHANICSBURG, PA 17050 PS FORM 3817, Mar. 1989 u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: SMALL BUSINESS ASSOCIATION ATIN: PAUL EMERY ROBERT N,C. NIX BLDG, 900 MARKET ST. PHILADELPHIA, PA 19107 PS FORM 3817, Mar. 1989 .~, Affix fee here in stamps or mete/m~ /. '\ postage and post mark. Inquir7 of' tOO&o/ % Postmaster for current fee. f ~ J p. ;:= 1 '"" ~ , "'" \~4~ . ^UN ,f! ,\Jle),~ ~,_-:-: .-..l.~ ~ ~ -"'~")~""""~'&""/ --:;J:; ~-~~~ ., 8~~~ ~_* ~~"G.~J'O' . ~'7lr- ... '-' "-t;. ('; *' .:.: :f,W':!:/~1:! - 0 q 0 :..:: : NOV -5'04,-i-~ ~; :;~:l ~ . '- * . ,,;,t'i'''':'''~:'>'' ""....:.:, *' ~ ~ ~%~fift'Pi U s POSTAG~ i ~--- ;2~~2:::~."Z !_~__. . - .J* Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T, SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C, 600 Third Avenue Kingston, PA 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: ADVANCED COMMUNICATIONS AGENCY, INe. c/o ECKERT SEAMANE CHERIN & MELLOn, LLC PO BOX 1248 HARRISBURG, PA 17108 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAll ADDRESSED TO: UNITED STATES OF AMERICNCIVIL PROCESS CLERK MIDDLE DISTRICT OF PENNSYL V ANlA OFFICE OF ATIORNEY GENERAL . FEDERAL BUILDING WASHINGTON & LINDEN STS SCRANTON PA 18501 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEfVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: VETERANS ADMINISTRA nON BISHOP HENRY WHIPPLE FEDERAL BLDG. FORT HENRY Sr. PAUL, MN 5511 1 PS FORM 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. -1*, . * "-*' *' *' -* -,.,. -... *' 'ir. *' P,~ M~ ~.~~ U.S. POSTAC~ : F,~2.)Ij~J 0" -~'. -~-' U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECENED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, PA 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: UNITED STATES OF AMERICA JOHN ASHCROFT OFFICE OF U.S. A TIORNEY GENERAL 10TH & CONSTITUTIONAL AVES. WASHINGTON, DC 20503 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEfVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAlL ADDRESSED TO: CHROMULAK & ASSOCIATES, LLC 375 SOUTHPOINTE BLVD - 4TH FLOOR CANNONSBURG,PA 15317 PS FORM 3817, Mar. 1989 u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECENED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.e. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: LEGACY BANK 4231 TRlNDLE ROAD CAMP HILL, PAl 70 11-5728 PS FORM 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee. :~: 4_* Affix fee here in stamps or mete,:~__ postage and post mark. Inqu' :~ Postmaster for current fe . '\ (\' '. {. ...~/~. ~ -V/' .$( . ~{~~~ $\ ~""-'jiiio:;;'~ .,.1 ~ --~? l.~' ' (t.-. , . !:::- ~ (.~"""";;::""" .. ~-.. ...- '. -,,;- \."-iJ7"'~"k ..~- ..~: _r~,.,.,>:_",~,.;z-~ 1 ~ ~~.~ .~~ ~.,.".'t,~'f _. ..- : 110V-S'04 \~~.iJ'" ;i'L.: .. 0 q 0 '..., . ).~;--::?f,:! -:- " . " ~~ i "-.E.h. c"~2:<033 I ~:..~:.~?_STA,- ..-,:: u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: HOUSEHOLD FINANCE CONSUMER DISCOUNT 2700 SANDERS ROAD PROSPECT HEIGHTS, IL 60070 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAlL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T, SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.c. 600 Third Avenue Kingston, P A 18704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF BUSINESS TRUST FUND PO BOX 281041 . HARRISBURG, PA 17108-1041 PS FORM 3817, Mar. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER RECEIVED FROM: JAMES T. SHOEMAKER, ESQUIRE HOURIGAN, KLUGER & QUINN, P.C, 600 Third Avenue Kingston, PAl 8704 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE SPECIAL PROCEDURES PO BOX 12051 PHILADELPHIA, PA 19105 PS FORM 3817, Mar. 1989 Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for turrent fee. ~"I"li~-""" - . .. '-... "*' .:;: 0 9 0 .- ,1l\ - . ::: :; ~ -t. u.s. POSTA<:~' : -* Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fee, ----:.; .. ..:.. : "*' o .9 0 ~ :. , 'Ill: ... . t: u.s. POSTAGr.... " .-.* Affix fee here in stamps or meter postage and post mark. Inquif'e-OC"--'""- Postmaster for turrent~e -: ~~" ,:;;" if' ~\)<-'\ ~ \ ..f " , ~ \ ~~ } ~~~}.I . l;... _ -6:~' '. - 't ~..-,;;~~~ ~.........tt tZl "_* . r.,~-,2''''-(OA''j.~ ,,;,!i- '" """.v -- ~*. NOI/-5'04 t~il;:: 0 ,9 0 ::: i ~~"\ .. P 1\ ?6 METEi1~ U S l'tOSTA{~- :~ ~ ~532~Q83 ,_' . r _.__~* :;, ~- :.: ~i --::' ,; r-....) co.) ~2:~ o -n ::-:l cJ, -'/" (n __J - " r;; ~iJ~"J "-"~C) /5 ~rj 6r:ri :.;;.-1 ,>,.:; -< -- c:' lO;,~r';= I co ~ <:~) 0") HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue Kingston, PA 18704 (570) 287-3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY Plaintiff VS, CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The plaintiff in the above action sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 4707 N. Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, as more particularly described in Exhibit "A" attached hereto. 1. Name and address of owners: Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N, Clearview Drive Camp Hill, PA 17011 2. Name and address of defendants in the judgment: Sherry Y. Ritchey 4707 N, Clearview Drive Camp Hill, PA 17011 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 636654.1 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fleet Real Estate Funding Corp. 1333 Main St. Columbia, SC 29201 Manufacturers and Traders Trust Co. 213 Market St. Harrisburg, P A 1710 1 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 Mellon Bank, N,A. Two Mellon Center 501 Grant St. Pittsburgh, PA 15259-001 US Small Business Administration 2120 Riverfront Drive Little Rock, AK. 72202 US Small Business Administration 360 Rainbow Blvd. South Niagara Falls, NY 14303-1192 4. Name and address of the last recorded holder of every mortgage of record: Bank United 3200 Southwest Freeway Suite 1600 Houston, TX 77027 Washington Mutual Bank c/o Fedennan and Phelan, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 Washington Mutual Home Loans PO Box 44016 Jacksonville, FL 32231-4016 5. Name and address of every other person who has any interest in or record lien on the property and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau Courthouse One Courthouse Square Carlisle, P A 17013 636654.1 6. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Domestic Relations Courthouse One Courthouse Square Carlisle, P A 17013 Hampden Township Tax Collector 230 S. Sporting Hill Road Mechanicsburg, P A 17050 Small Business Association Attn: Paul Emery Robert N.C. Nix Federal Bldg, 900 Market St. Philadelphia, P A 19107 Advanced Communications Agency, Inc, c/o Eckert Seamane Cherin & Mellott, LLC PO Box 1248 Harrisburg, P A 17108 United States of America Civil Process Clerk Middle District of P A Office of Attorney General Federal Bldg. Washington and Linden Sts. Scranton, PA 18501 Veterans Administration Bishop Henry Whipple Federal Bldg. Fort Henry St. Paul, MN 55111 United States of America John Ashcroft Office of US Attorney General lOth and Constitutional Aves. Washington, DC 20503 Chromulak & Associates, LLC 375 Southpointe Blvd., 4th Fl. Cannonsburg, PA 15317 Legacy Bank 4231 Trindle Road Camp Hill, PA 7011-5728 Household Finance Consumer Discount 2700 Sanders Road Prospect Heights, IL 60070 Pennsylvania Dept. of Revenue Bureau of Business Trust Fund PO Box 281041 Harrisburg, P A 17108-1041 United States of America Internal Revenue Service Special Procedures PO Box 12051 Philadelphia, P A 19105 636654,1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. HOURIGAN, KLUGER & QUINN, P.C. BY~~ James T. Shoemaker, Esquire Attorney for the plaintiff Dated: November 5,2004 636654.1 ALL that certain piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by William B. Whittock, Registered Professional Engineer, dated August 31, 1959, as follows: BEGINNING at a point on the North side ofClearview Drive which point is 215 feet West of Hampden Avenue; THENCE extending along Clearview Drive South 86 degrees 52 minutes West 60 feet to a point of curve; THENCE still along the same on a curve to the right having a radius of 512.20 feet, the arc distance of 5 feet to a comer of Lot No. 34 on the hereinafter mentioned plan oflots; THENCE along Lot N. 34, North 2 degrees 39 minutes West 112.60 feet; THENCE North 86 degrees 52 minutes East 65 feet to a comer of Lot No. 32 on said plan; THENCE along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the point and place of BEGINNING. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 of Clearview Farms" as recorded in Plan Book 9, Page 6, Cumberland County records. HAVING thereon erected a one-store frame dwelling known as No. 4707 Clearview Drive, Camp Hill. BEING the same premises which Elliott S. Newmark and Nora M. Newmark, his wife, by Deed dated August 13, 1985 and recorded August 15, 1985 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Deed Book 31-K, Page 741, granted and conveyed unto George T. Thomson and Debra A. Thomson, his wife, the grantors herein. EXHIBIT "A" 621050.1 ~T' ;~, ::~.! ; ~::~ '. ~ ". e....:' ~ ::'j " n r-..) <:;:::> C::l .L- o -n ::;J f"l :IJ r-' -n fT1 ~u \";J C) (- ....,1 ..) i'.J~:D :7:0 .:jrn ~;~ ....< -- c.) -.:: , CO .....,. ....'.. (~ C-" , Commonwealth Bank, Now by Assignment Citizens Bank of Pennsylvania VS Dennis R. Ritchey and Sherry Y. Ritchey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-2309 Civil Term Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14,2004 at 10:37 o'clock AM, he scrvcd a true copy ofthc within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Dennis R. Ritchey and Sherry Y. Ritchey, by making known unto Dennis Ritchey, personally and husband of Sherry Y. Ritchey, at 4707 N. Clearview Drive, Camp Hill, Cumberland County, Pennsylvania, its contents an at the same time handing to him personally the said true and correct copy of the same, Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 07, 2004 at 12:55 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dennis R. Ritchey and Sherry Y. Ritchey located at 4707 N. Clearview Driv , Camp Hill, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Dennis R. Ritchey and Sherry Y. Richey, by regular mail to their last known address of 4707 N. Clearview Drive, Camp Hill, PAl 70 I I. These letters were mailed under the date of October 06, 2004 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney James Shoemaker. Sheriff s Costs: Docketing 30.00 Poundage 21.58 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.24 Levy 15.00 Surcharge 30.00 \ .~-D ('k.... 'IX)'''; \~v- 's63~O , Law Journal Patriot News Share of Bills 488.60 434.44 30.42 $1, I 00.78 ~....Aa~~' / //;". ~ ~~~ ,,/:~ This I' ,oS day of fvl4-~ . R. Thomas Kline, Sheriff 2004, A.D. L,.<.- 0 h1JiIJA , ~ BY\ j;Y{yJ:YU.iJ7 Prdthonotary I Real Esta1!\dDeputy Sworn and subscribed to before me HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker, Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue KingWn, P A 18704 (570) 287.3000 COMMONWEALTH BANK, now by assignment, CITIZENS BANK OF PENNSYL VANIA IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY Plaintiff vs. CIVIL ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE .' Defendants NO. 04-2309 AFFIDA VIT PURSUANT TO RULE 3129.1 Thc plaintiff in the above action sets forth as of the date the praecipe for writ of execution w filed the following information conceming the real property located at 4707 N. CIearview Drive, Cam Hill, Cumberland County, Pcnnsylvania, as more particularly described in Exhibit "A" attached hereto. I. Name and address of owners: Sherry Y. Ritchey 4707 N. Clearview Drive Camp Hill, P A 170 II Dennis R. Ritchey 4707 N. Clcarview Drive Camp Hill, PA 1701 I 2. Name and address of defendants in the judgment: 620970.1 Sheny Y. Ritchey 4707 N. Clearview Drive Camp Hill. PA 17011 Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fleet Real Estate Funding Corp. 1333 Main St. Columbia, SC 29201 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkcs-Barre, PA 18711 Mellon Bank, N.A. Two Mellon Center 501 Grant St. Pittsburgh, PA 15259-001 US Small Business Administration 2120 Riverfront Drive Little Rock, AK 72202 US Small Business Administratio 360 Rainbow Blvd. South Niagara Falls, NY 14303-1192 4. Name and address ofthc last recorded holder of every mortgage ofreeord: Bank United 3200 Southwest Freeway Suitc 1600 Houston, TX 77027 Mellon Bank, N.A., now by assignment, Citizens Bank of Pennsylvania 8 West Market St. Wilkes-Barre, PA 18711 5. Name and address of every other person who has any interest in or record lien on the pr perty and whose interest may be affected by the sale: Cumberland County Tax Claim Bureau Courthouse One Courthouse Squarc Carlisle, PA 17013 Manufacturers and Traders Trust 213 Market St. Harrisburg, PA 17101 620970, t 6. Nanle and address of evcry other person of whom the plaintiff has knowledge who as any interest in the property which may be affected by the sale: Cumberland County Domestic Relations Courthouse One Courthouse Square Carlisle, PA 17013 Hampden Township Tax Collector 230 S. Sporting Hill Road Mechanicsburg, P A 17050 I verify that thc statements made in this affidavit are true and correct to the best of my rsonal knowledge or information and belief. I understand that false statements herein are made subject to the p nalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. HOURIGAN, KLUGER & QUINN, P.c. By: ~~ James T. Shoemaker, Esquire Attorney for the plaintiff Datcd: (/6 { 0 :; ,2004 620970,1 ALL that certain piece or parcel ofland situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereo made by William B. Whittock, Registered Professional Engineer, dated August 3 I, 1959, as folio s: BEGINNING at a point on the North side ofClearview Drive which point is 215 fl t West of Hampden Avenue; THENCE extending along Clearview Drive South 86 degrees 52 minutes West 60 fl et to a point of curve; THENCE still along the same on a curve to the right having a radius of 512.20 feet, he arc distance of 5 feet to a corner of Lot No. 34 on the hereinafter mentioned plan oflots; THENCE along Lot N. 34, North 2 degrees 39 minutes West 112.60 feet; THENCE North 86 degrees 52 minutes East 65 feet to a corner of Lot No. 32 on sa d plan; THENCE along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the poi place ofBEGlNNlNG. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 of Cle lew Farms" as recorded in Plan Book 9, Page 6, Cumberland County records. HAVING thereon erected a one-store frame dwelling known as No. 4707 Clearview Drive, Camp Hill. BEING the same premises which Elliott S. Newmark and Nora M. Newmark, his wi ,by Deed dated August 13, 1985 and recorded August IS, 1985 in the Recorder of Deeds Office'n and for Cumberland County, Pennsylvania, in Deed Book 31-K, Page 741, granted and conv yed unto George T. Thomson and Debra A. Thomson, his wife, the grantors herein. Exhibit "A" 621050,1 HOURIGAN, KLUGER & QUINN A PROFESSIONAL CORPORATION BY: James T. Shoemaker. Esquire IDENTIFICATION NO. 63871 ATTORNEY FOR Plaintiff LAW OFFICES 600 Third Avenue Kingslon, PA 18704 (570) 287.3000 COMMONWEALTH BANK, now by assignment., CITIZENS BANK OF PENNSYL V ANlA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. CML ACTION - LAW DENNIS R. RITCHEY and SHERRY Y. RITCHEY MORTGAGE FORECLOSURE Defendants NO. 04-2309 " NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Shcrry Y. Ritchey 4707 N. Clcarview Drive Camp Hill, PA 1701l Dennis R. Ritchey 4707 N. Clearview Drive Camp Hill, PA 17011 NOTICE IS HEREBY GIVEN that by virtue of the above-captioned writ of executi n issued under the above-captioned judgment directed to the sheriff of Cumberland County, t re will be exposed to public sale, by venue or outcry to the highest and best bidder, for cash, in the Courthouse, in the Carlisle, Cumberland County, Pennsylvania, on December 8,2004, at 1000 a.m., in the forenoon of the said day, all your right, title and interest in and to all the certain iece ofland or parcel oflate situate in the Harnden Township, Cumberland County, Pennsylvania the same more particularly described in Cumberland County deed book 36-C page 486 . NOTICE IS HEREBY GIVEN to all claimants and parties in interest that the sheriff ill within thirty (30) days thereafter file a schedule of distribution in his office, where the same ill 620971.1 . , be available for inspection and that distribution will be made in accordance with this sche ule unless exceptions are filed thereto within ten (10) days thereafter. Respectfully submitted, HOURIGAN, KLUGER & QUINN, P.C. By: James T. Shoemaker, Esquire I.D. No. 63871 Counsel for the plaintiff 600 Third Avenue Kingston, PA 18704 Telephone: (570) 287-3000 Facsimile: (570) 287-8005 620nu 2 BY VIRTUE OF A WRIT OF EXECUTION NO. OF ISSUED OUT OF TH COMMON PLEAS OF LUZERNE COUNTY, DIRECTED TO ME, THERE WILL BE EXPOSE SALE, BY VENDUE OR OUTCRY TO THE HIGHEST AND BEST BIDDERS, FOR C COURTHOUSE, IN TIlE CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, ON DECE AT 10:00 A.M. IN THE FORENOON OF THE SAID DAY, ALL THE RIGHT, TITLE AND INTE DEFENDANTS IN AND TO COURT OF TO PUBLIC H, IN THE BER8,2004, ST OF lliE ALL that certain piece or parcel of land situate in Hampden Township, Cumbe Pennsylvania, bounded and described in accordance with a survey and plan thereof made Whittock, Registered Professional Engineer, dated August 31, 1959, as follows: and County, y William B. BEGINNING at a point on the North side ofClearview Drive which point is 215 feet West of Hampden Avenue; THENCE extending along Clearview Drive South 86 degrees 52 minutes West 60 fee to a point of curve; THENCE still along the same on a curve to the right having a radius of 5 I 2. 20 feet, th arc distance of 5 feet to a corner of Lot No. 34 on the hereinafter mentioned plan oflots; THENCE along Lot N. 34, North 2 degrees 39 minutes West 112.60 feet; THENCE North 86 degrees 52 minutes East 65 feet to a corner of Lot No. 32 on sai plan; THENCE along Lot No. 32 South 2 degrees 39 minutes East 112.64 feet to the poin and place of BEGINNING. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Section 2 and 3 ofClea iew Farms" as recorded in Plan Book 9, Page 6, Cumberland County records. HilL HA VlNG thereon erected a one-store frame dwelling known as No. 4707 Clearview rive, Camp Deed dated Cumberland homson and BEING the same premises which Elliott S. Newmark and NoraM. Newmark, his wife, August 13, 1985 and recorded August 15, 1985 in the Recorder of Deeds Office in and fo County, Pennsylvania, in Deed Book 31-K, Page 741, granted and conveyed unto George T. Debra A. Thomson, his wife, the grantors herein. TIlE PROPERTY IDENTIFICATION NUMBER OF THE ABOVE DESCRIBED PARCEL IS 10-21-0279-047 This property is improved with a residential dwelling. ADDRESS: 4707 N. Clearview Drive, Camp Hill, PA 17011 620966.1 NOTICE IS HEREBY GfVEN TO CLAIMANTS AND PARTIES IN INTEREST THAT THE S WITIllN THIRTY DAYS THEREAFTER, FILE A SCHEDULE OF DISTRIBUTION IN HIS OF THE SAME WILL BE AVAILABLE FOR INSPECTION AND THE DISTRIBUTION WILL ACCORDANCE WIlli THE SCHEDULE UNLESS EXCEPTIONS ARE FILED THERETO THEREAFTER. SEIZED AND TAKEN INTO EXECUTlON AT THE SillTOFMELLON BANK,N.A.,NOWBY A SIGNMENT, CITIZENS BANK OF PENNSYLVANIA, AGAINST DENNIS R. RITCHEY AND SHERRYY. RI CHEYWILL BE SOLD BY : RIFF WILL, CE, WHERE E MADE IN TEN DAYS SHERIFF OF CUMBERLAND COUNTY HOURIGAN, KLUGER & QUINN, P.c. Attorney for Plaintiff 620966.1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-2309 Civil CIVIL ACTION - LA TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COMMONWEALTH BANK, NOW BY ASSIGNMENT, CITIZENS BANK OF PENNSYLVANIA, Plaintiff (8) From DENNIS R. RITCHEY AND SHERRY Y. RITCHEY (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify lhe gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined om paying any debt to or for the account of the defendant (s) and from delivering any property of the defe dant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possessio of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added s a garnishee and is enjoined as above stated. Amount Due $375,208,67 L. L. $.50 Interest ACCRUED INTEREST FROM 4/30/04 THROUGH 12/08/04 (PER DIEM $47.88) - $10,629.36 Atty's Conun 20% $77,167.60 Atty Paid $136,35 Plaintiff Paid Date: AUGUST 11, 2004 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) B: Deputy REQUESTING PARTY: Name JAMES T. SHOEMAKER, ESQUIRE Address; 600 THIRD AVENUE KINGSTON, PA 18704 Attorney for: PLAINTIFF Telephone: 570-287-3000 Supreme Court ID No. 63871 Real Estate Sale #11 On August 20, 2004 the Sherifflevied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 4707 N. Clearview Drive, Date: August 20, 2004 By: )6~S~j4 Real Estate' Deputy ~J c:u;) c:u;) c::::J @ ij=iill Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ! c"'.IQ3cJ , t\ ,) \ ~ \ . .J ",If'- '. \ t\ it~. i: ...,.1 ~ Air'" "jilL .._,-,',) REAL .ESTATE SALE No. 11 Writ No. 2004-2309 ClvIlTenn Commonwealth Bank, Now by assignment, Cltlzims Bank of Pen.nsylvanla ,'-/s Dennis R. RItChey and Sherry Y. Ritchey Atty: James Shoemaker DESCRIPTION llY VIR11JE of. Writ of Execution No. of issued out of the Court of Common Pleas of Luzeme County, directed to me, there will be exposed to poblic sale. by vendue or outcry to the higbest and besl biddm, for cash, in the Courthouse, in the Carlisle. Cumberland County, P~Ivania, on December 8, 2004. at 10:00 AM. to the forenoon of the said day, all the right, title and interest of the defendants in and to ALL that certain piece or parcel of land situate in Hampden Township, Cumbei:land County, Pennsylvania, bounded and described in llCC(lnlance with a sorvey and plan thereof made by William B. Wbittock,\~ Professional Nn~. datedAugust 31,.1959, us follows: '!lllGINNIlllG at..jioint 011 the Nurth side of ~DIive VIInch point is 215ftll West of L .ilaDIpII$l\oenne;:\ ,... :''lU(lNCI!~akmg Clearviewllrive: ISoulli86 degrees 52 .minntes West 60 feet to a I point.of curve; '" illENCE still along the same on a curve to the rigbt having a radius of 512.20 feet, the arc distance of 5 ftll to a corner of Lot No. 34 on the hereinatlormentioued plan 0( lots; 11IENCE along Lot N. 34. Nurth 2 degrees 39 minutes West 112.60 feet; 11IENCE Nurth 86 degrees 52 minows East 65 feetto a cornerofLotNo. 32 on said plan; 11IENCE along Lot No. 32 South 2 degrees 39 .nUnutes East m.M feet 10 the point and place of BEGINNlNG. BEING Lot No. 33 on Plan of Lots entitled "General Plan of Sectiun 2 and 3 of Oearview Fauns" us recimled in Plan Book 9, Page 6, CUmberland County reconls. HAVING thereon erected a ono-story frame dwelling knOwn US No. 4707 Oearview Drive, CampIliIl. . BEING the same premises which Elliott S. Newmarl< and Nora M. NewmJlIk, his wife, by Deed daledAugust 13, 1985 and recorded August 15, 1985 in the Recorder of Deeds Office in and for CUmberland County, Pennsylvania, in Deed I Book 31-1{, Page 741, granted and conveyed unto GeoIge 1: Thomson and Debra A. TholUSOu, his wife, the gtanbm herein. . TIlE PROPERTY identification number of the above descn"bedparcel is 10-21-0279-047. This propel1y is improved with a residential dwelling. ADDRESS: 4707 N. Oearview Drive, Camp 1liIl, PA 17011. Notice is hereby given to claimants and parties in interest that the SlJeri[f will, within thirty days thereafter, file a schedule of distribution in his ~. where the same will be available for inspection and the distribution will be made in accordance with the schedule uuless exceptions are filed thereto withulleD days thereafter. Seized and taken into execotion at the suit of Mellon Bank. NA, now by assignment, Citizens Bank of Pennsylvania, a~st deonis R. Ritchey and Sherry Y. Ritchey will be sold hy: Sheriff of Cumberland County Hourigan; Kluger & Quinn, P.e. Attorney for PlaintilI. . . REAL ESTATE SALE NO. 11 , THENCE North 86 degrees 52 rntnutes East 65 feet to a corner of Lot No. 32 on said plan; THENCE along Lot No. 32 South 2 degrees 39 rntnutes East 112.64 feet to the point and place of BE- GINNING. BEING Lot No, 33 on Plan of Lots entitled "General Plan of Section 2 and 3 ofClearvlew Farms" as record- ed in Plan Book 9, Page 6, Cumber- land County records. HA VIN G thereon erected a one- store frame dwelling known as No. 4707 Clearview Drtve, Camp Hill, BEING the same prerntses which Elliott S. Newmark and Nora M. New- mark, his wife, by Deed dated Au- gust 13, 1985 and recorded August 15, 1985 in the Recorder of Deeds Office in and for Cumberland Coun- ty, Pennsylvania, in Deed Book 3i- K, Page 741, granted and conveyed unto George T. Thomson and Debra A, Thomson, his wife, the grantors herein. The Property Identification Num- ber of the above descrtbed Parcel is 10-21-0279-047. This property is improved with a residential dwelling. Address: 4707 N. Clearview Drive, Camp Hill, PA 17011. NOTICE IS HEREBY GIVEN to . Claimants and Parties In Interest that the Shertff will, within thirty days thereafter, file a Schedule of Distrtbution in his office, where the same will be available for inspec- tion and the distrtbution will be made in accordance with the schedule unless exceptions are f1!ed thereto within ten days thereafter. SEIZED AND TAKEN INTO EX- ECUTION at the suit of Mellon Bank, N.A, now by assignment, Cit- izens Bank of Pennsylvania, against Dennis R. Ritchey and Sherry Y. Ritchey will be sold by: Shertff of Cumberland County, Hourigan, Klu- ger & guinn, P.C. Attorney for Plain- tjff. Wrtt No. 2004-2309 Civil Commonwealth Bank, now by assignment, Citizens Bank of Pennsylvania vs. Dennis R Ritchey and Sherry y, Ritchey Atty.: James Shoemaker By Virtue of a Wrtt of Execution No, of issued out of the Court of Connnon Pleas of Lu- zerne County, directed to me, there will be exposed to public sale, by vendue or outcry to the highest and best bidders, for cash, in the Court- house, in the Carlisle, Cumberland County, Pennsylvania, on Decem- ber 8, 2004, at 10:00 AM. in the forenoon of the said day, all the rtght, title and interest of the defendants in and to ALL that certain piece or parcel of land situate in Hampden Town- ship, Cumberland County, Pennsyl- vania, bounded and descrtbed in accordance with a survey and plan thereof made by William B. Whit. tock, Registered Professional Engi- neer' dated August 31. 1959, as fol- lows: BEGINNING at a point on the North side of Clearvlew Drtve which point is 215 feet West of Hampden Avenue; THENCE extending along Clear- view Drive South 86 degrees 52 rntnutes West 60 feet to a point of curve; THENCE still along the same on a curve to the right having a radius of 512.20 feet, the arc distance of 5 feet to a corner of Lot No. 34 on the hereinafter mentioned plan of lots; THENCE along Lot N. 34, North 2 degrees 39 rntnutes West 112.60 feet;