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HomeMy WebLinkAbout01-0770FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD SUITE I400 PHILADELPHIA, PA 19103-1814 (?15) 563-7000 MARKET STREET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Or- 770 C;o;{ CUMBERLAND COUNTY MICHAEL L. BENDER 2188 NEWVILLE ROAD CARLISLE, PA 17013 Defendant(s) CIVIl, ACTION - I,AW COMPLAINT IN MORTGAGE FORECI,OSIIRE NOTICE **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #:8011454 Plaintiffis MARKET STtLEET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL L. BENDER 2188 NEWVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 9/6/95 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to YORK FEDERAL SAVINGS AND LOAN ASSOCIATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1281, ?age 381. By Assignment of Mortgage recorded 3/4/97 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 541, Page I044. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 9/1/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest 8/1/00 through 2/1/01 (Per Diem $15.61) Attorney's Fees Cumulative Late Charges 9/6/95 to 2/1/01 Cost of Suit and Title Search Subtotal $70,113.65 2,887.85 3,505.00 109.44 550.00 $77,165.94 Escrow Credit 0.00 Deficit 2fI2.2A Subtotal ~ TOTAL $77,373.18 The attorney's fees set fortl: above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sherif£s Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgaged premises is vacant and abandrmed. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $77,373.18, together with interest from 2/1/01 at the rate of $15.6 l per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff a.n c .ct copy [Space A~ove This Line For RecorcLing Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on SEPTEMBER 6, The mortgagor is MICHAEL L BENDER 1995 ("Borrower"). This Security Instrument is given to York Federal Savings and Loan Association w~chisorganizedandexisfingunder thelawsof THE UNITED STATES OF AMERICA ,and whoseaddressis 101 South George Street, PO Box 15068, York, PA 17405-7068 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-THREE THOUSAND SEVEN HUNDRED AND ******************************************* Dollars (U.S. $ 73,700.00 ). This debt is evidenced by Borrower's note dated the same date as dxis Security Instrument ("Note"), which provides for monddy payments, with the full debt, if not paid earlier, due and payable on OCTOBER I, 2025 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by thc Note, with interest, and all renewals, extensions and modifications of thc Note; Co) the payment of all other sums, with interest, advanced under paragraph 7 to protect thc security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under ~s Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender thc following described property located in CUMBERLAND County, Pennsylvania: which has the address of 2188 NEWVILLE ROAD CARLISLE [StrectJ [City] Pennsylvania 17013 ("Property Address"); [Zip Code] PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRI~IENT Form 3039 9190 (page 1 ofdpages) TOGETHER WITH all the improvements now or hcreafler erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of dm foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants and will defend generally the title to rue Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; Co) yearly leasehoId payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (0 anY sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser axnount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Un/ess an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicabIe law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds heId by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over tiffs Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under th~s paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; Co) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordiuating the lien to this Security Instrument. If Lender determines that any part of thc Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. IIazard m' Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on file Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and ITEM 1950L2 (9211) Doclcl 0000000944 Forn~ 3039 9/90 (page 2 oftpages) for thc periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance wiU~ paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have thc right to hold thc policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that thc insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then duc. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by tiffs Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of tlfis Security Instrumem and shall cominue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be u~easonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Prupcrty as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in ~is Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), theu Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on tile Property to make repairs. Although Lender may take action under tiffs paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from tile date of disbursement at die Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making thc loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effcct, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not avallabIe, Borrower shall pay to Lender each mnnth a sum equal to one-twelfth of the yearIy mortgage insurance premium being paid by Borrower when fi~e insurance coverage lapsed or ceased to be in effect. Lender will accept, use and relain these paymcnls as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no lnngcr be required, at the option of Lender, if mortgage insurance coverage (in tile amount and for the period that Lender requires) provided by an insurer approved by Lender again bccomcs available and is oblaincd. Borrower shall pay thc prclnhuns rcqinrcd [o maintain too.gage insnrancc in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with ~TEMlg5OL3 (9;Zll) Do¢160000000944 Form3039 9/90 (page 3 of 6 pages) any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Ia the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by 00) the fair market value of the Property immediately before the talcing. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's succcssors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signees. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is fmafly interpreted so that the interest or other loan charges collected or to bc collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and ("o) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under thc Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in ~is Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another ntethod. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Ia the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To th~s end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within wlfich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as IT~ 1950L4 (92~ I} Oocld 0000000944 Form 3039 9190 (page 4 of 6 pages) a~plicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instmmem; or Co) entry of a judgment enforcing this Security Instrument. Those condition~ are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; Co) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing tiffs Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrumem shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other infurmation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediatinn of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly rake all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any coveuant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; Co) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default ns specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specificd, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security lustmmem and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or furore laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Sccurity Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from inne to time under the Note. ITEM 1950L5 {g211} OocId 0000000944 Form 3039 9/90 (page 5 of 6pages) Title ACCC 1141 SCIIEDULE C n~ to Headline; thin,ce by LI,~ cv.~r o( f::s[d public ~o~,d ~;o~tl, l.{.,,t, n dl~n,tcu o[ lO0 {~ ~o ,, pol,.~; t:h~u~ ,tlo,,~ Ot~tco i,: Vl.a:~ Book No 5,, pnB,~ 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, thc covenants and agreements of each such rider shall be incorporated' into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)[ --] Adjustable Rate Rider Graduated Payment Rider Balloon Rider Other(s) [specify] F--] Condominium Rider ~ Planned Unit Development Rider ~] Rate Improvement Rider RIDER TO PARAGRAPH 18 1-4 Family Rider Biweekly Payment Rider Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: EL L BENDER (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 6./`/.` dayof 5t~ ~) h r~ e..,~ , before me, the underligned officer, personally appeared MICHAEL L BENDER proven) to be the person whose name i $ that he executed the same for the purpose herein.contained. known to me (or satisfactorily subscribed to the with/n instrument and acknowledged IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commissian expires: Terry H. blitzcL Notary Public York Yr;,k ,nv Commiss o ~ Ex;);~,.o March 9, 1998 Title of Officer CERTIFICATE OF RESIDENCE I, do hereby certify that the correct address of the within named lender is 15068, York, PA 17405-7068 Witness my hand this day of 101 South George Street, PO Box ITEM 1950L6 (9211} Agent of Lender Form 3039 9190 (page 6 of 6 pages) Viola cotheriu~ Oel.~ch. hI~ ~i[~, h,.I record~,l tn the Cu.,herJ~m~J Com~>' Itecorder'. PREItlSES: 2188 REI~VILLE ROAD VERIFICATION TAMARA L. MORTTI hereby states that she is ASSISTANT VICE PRESIDENT of MARKET STREET MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and beliefi The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: FEDERMAN AND PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 MARKET STREET MORTGAGE CORPORATION 2650 MCCORMICK DRIVE, SUITE 200 CLEARWATER, FL 33579 Plaintiff VS. MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE, PA 17013 Defendant(s) Attorney for Plaintiff : CUMBERLAND COUNTY _. : COURT OF COMMON PLEAS : : CIVIL DIVISION : : NO. 01-770-CIVIL : _. : _. : PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment, in rem, in favor of the Plaimiff and against MICHAEL L. BENDER Defendant(s), for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest 2/1/01 TO 3/28/01 $77,373.18 $874.16 TOTAL $78,247.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) notice has been given in accordance with Rule 237.1, copy attached. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff **THIS FIRM IS A DEBT COLLECTOR A'UI'EMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A]TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN, L.L.P. Frank Federman, Esquire Identification No. 12248 One Penn Center Plaza at Suburban Station, Suite 1400 Philadelphia, PA 19103-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF MARKET STREET CORPORATION Plaintiff MORTGAGE : COURT OF COMMON PLEAS : CIVIL DIVISION vs. : CUMBERLAND COUNTY MICHAEL L. BENDER : NO. 0t-770-CIVIL Defendant (s) TO: MICHAEL L. BENDER 1313 ZI~4EPa~ANROAD CARLISLE, PA 17013 DATE OF NOTICE: MARCH 16, 2001 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMI:ORTANT NOTICE You are in default because you have failed enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other importanE rights. You should take this notice to a lawyer at once. If you do not have lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Frank Federman, Esquire Attorney for Plaintiff FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia. PA 19103-1814 f215) 563-7000 MARKET STREET MORTGAGE CORPORATION VS. MICHAEL L. BENDER Plaintiff Defendant(s) Attorney for Plaintiff CUMBERLAND COUNTY Court of Common Pleas CIVIL DIVISION NO. 01-770-CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on infbrmation and belief, he has knowledge of the lbllowing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended (b) that defendant MICHAEL L. BENDER is over 18 years of age and resides at 1313 ZIMMERMAN ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN Attorney for Plaintiff (Rule of Civil Procedure No. 236 - Revised) MARKET STREET MORTGAGE CORPORATION VS. MICHAEL L. BENDER Plaintiff Defendant(s) : CUMBERLAND COUNTY : : Court of Common Pleas : : CIVIL DIVISION : : NO. 01-770-CIVIL : Notice is given that a Judgment in the above captioned matter has been entered against you on MARCH ,2000. If you have any questions concerning this matter, please contact: FRANK FEDERMAN, ESQUIRE Attorney tbr Filing Party One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** FEDERMAN AND PHELAN By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (?1 ~) ~6~-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DiVISION MARKET STREET MORTGAGE CORPORATION CUMBERLAND COUNTY No.: 01-770-CIVIL VS. MICHAEL L. BENDER AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PIIRSIIANT TO P R C P, 404(2)/403 FRANK FEDERMAN, ESQUIRE, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by certified mail to Defendant, MICHAEL L. BENDER at 1313 ZIMMERMAN ROAD, CARLISLE,PA 17013, which notice of Sheriffs Sale was received by Defendant, MICHAEL L. BENDER on fi-q/! 4/01 as evidenced by the attached retum receipt. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Date: May 31~ 2001 SHERIFF'S RETURN - REGULAR CASE NO: 2001-00770 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARKET STREET MORTGAGE CORPORA VS BENDER MICHAEL L SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT BENDER MICHAEL L DEFENDANT , at 0008:22 at 1333 ZIMMERMAN ROAD CARLISLE, PA 17013 RHONDA SLOUGH (GIRLFRIEND- a true and attested copy of NOTICE - MORT FORE was served upon the HOURS, on the 23rd day of February law, , 2001 by handing to AND CO-RESIDENT) COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 4 Affidavit Surcharge 10 32 00 96 00 00 00 96 Sworn and Subscribed to before me this ~7~- day of So Answers: R. Thomas Klin~ 02/26/2001 FEDERMAN & ~~ri~ PHE ~ By: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 MARKET STREET MORTGAGE CORPORATION : Plaintiff, : : No. 01-770-CIVIL MICHAEL L. BENDER : Defendant(s). : TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/29/01 TO 9/5/01 (per diem - $12.86) TOTAL $78~247.34 $2~057.60 and Costs $80~304.94 ONE PENN CENTER at SUBURBAN STATION SUITE 1400 PHILADELPHIA, PA 19103 Attorney for Plaintiff Note: Please attach description of property. No. ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cumbe~rl~d_t.._Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in the center of the public road leading from Carlisle to~Ne_wvi!le; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of 5. II. Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248.8 feet to a stake; thence still along lands now or formerly of S. H. Deitch, et ux, North 85 degrees 30 minutes East, a distance of 100 feet to a stake at comer of land now or formerly of Eugenia M. IIurley (Lot 7); thence along said Lot No. 7, North 04 degrees 30 minutes West, a distance of 248.8 feet to a point in the center of the aforesaid public road, the place of BEGINNING. BEING Lot No. 8 on the Plan of Lots laid out and adopted by S. H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland County Recorder's Office in Plan Book No. 5, Page 43. BEING No. 2188 Newville Road. TAX PARCEL NUMBER: 46-18-1402-009 TITLE TO SAID PREMISES IS VESTED IN ~el L. Bender by Deed from Michael L. Bender, singleman, and Angela K. Baer, single wom~ and recorded 9/6/95 in Deed Book 127 Page 1183. FEDERMAN and PHELAN By: FRANK FEDERMAN Identification No. 12248 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (2~5) 563-7000 ATTORNEY FOR PLAINTIFF MARKET STREET MORTGAGE CORPORATION Plaintiff, MICHAEL L. BENDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-770-CIVIL CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9l because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff MARKET STREET MORTGAGE CORPORATION Plaintiff, MICHAEL L. BENDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 01-770-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MARKET STREET MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2188 NEWVILLE ROAD, CARLISLE,PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) SOVEREIGN BANK 525 LANCASTER AVE., 2N° FL. READING, PA 19610 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person whom the plaintiffhas knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 2188 NEWVILLE ROAD CARLISLE,PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. DATE FEDERMAN, ESQUIRE Attorney for Plaintiff MARKET STREET MORTGAGE CORPORATION : Plaintiff, : MICHAEL L. BENDER : Defendant(s). : TO: MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-770~CIVIL May 1, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE 1N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your l{ouse (real estate) at 2188 NEWVlLLE ROAD, CARLISLE,PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MARKET STREET MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5, 2001 Sheriff's Sake. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: {215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in the center of the public road leading from Carlisle to Newville; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S. H. Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248.8 feet to a stake; thence still along lands now or formerly of S. H. Deitch, et ux, North 85 degrees 30 minutes East, a distance of 100 feet to a stake at comer of land now or formerly of Eugenia M. Hurley (Lot 7); thence along said Lot No. 7, North 04 degrees 30 minutes West, a distance of 248.8 feet to a point in the center of the aforesaid public road, the place of BEGINNING. BEING Lot No. 8 on the Plan of Lots laid out and adopted by S. H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland County Recorder's Office in Plan Book No. 5, Page 43. BEING No. 2188 Newville Road. TAX PARCEL NUMBER: 46-18-1402-009 TITLE TO SAID PREMISES IS VESTED IN ~j.~_el L. Bender by Deed from Michael L Bender, smgleman, and Angela K Baer, single wom~'-dllE-d-97-~95 and recorded 9/6/95 in Deed Book 127 Page 1183. STATE OF PENNSYLVANIA, ~ COUNTY OF CUMBERLANDf ss. Robert= P Zfegler I, .............................................................................. Recorder of Dee& in and for said County and State do'her,Foy certify that the Sheriff's Deed in which ................ Federal HOme Loan Mtg Corp ~ the grantee the same having bee~ sold to said grantee on the .... =5_t.h_ ....................................... day of September 01 ........................................ A. D., ~ ..... , under nnd by virtue of a writ .............. 8th gxecut fon ................................................ ~s~ued on thc ..................................... day d .... .M=a=y ................... A.D., 01 ..... ~ out of the Court of Conunan Plea~ of said County'a~ of Cfvil 01 770 , at the smt of Market Street Mtg Corp Michael L Bender ................................... ag mst .................................................... is 248 4051 duly recorded in ShedfC$ Deed Book No ............. , Page IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .... .L'~ .... day of ..... ~~ .............. A. t)., RecOrder of Deeda My Commiss~n Expires the Fiflt ktQItdey d ~. ~ Market Street Mortgage Corporation VS Michael L. Bender In the Court of Common Pleas of Cumberland, County, Pennsylvania No. 2001- 770 Civil Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, says on May 14, 2001 at 3:36 o'clock PM EDST, he served a tree copy of Real Estate Writ Notice and Description in the above entitled action upon one of the within named defendants to wit: Michael L. Bender, by making known unto Michael Bender at 1333 Zimmerman Road Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and attested copies of the same. Bryan Ward, Deputy Sheriff, who being duly swom according to law, states on July 10, 2001 at 3:11 o'clock P.M., EDST, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description on the property of Michael L. Bender located at 2188 Newville Road, Carlisle, Cumberland County, PA 17013, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a pendency of the action by regular mail, to one of the within named defendants, to wit: Michael L. Bender, at his last known address of 1333 Zimmerman Road, Carlisle, PA 17013. This letter was mailed under the date of July 11, 2001 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania, on September 5, 2001 at 10:00 o'clock A.M., E.D.S.T. He sold the same for the sum of $75,000.00 to Attorney Dale Shughart (for Attorney Frank Federman) for Federal Home Loan Mortgage Corporation. It being highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid Sheriff R. Thomas Kline the sum of $2,397.92. Sheriff's Costs: Docketing $ 30.00 Poundage 1500.00 Posting Handbills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 7.65 Certified Mail 4.27 Levy 15.00 Surcharge 20.00 Law Journal 265.40 Patriot News 206.94 Share of Bills Distribution of Proceeds Sheriff's Deed 25.66 25.00 26.50 $2,197.92 paid by attorney 10-05-01 Sworn and subscribed to before me This 31~- dayof 2oo , R. Thomas Kline, Sheriff Real Esfftte Deputy COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF __ Olmherl,~nc] : TO satisfy the debt, interest and costs due _ WRIT OF EXi~CUTION and/or A'FI'ACHMENT NO. 0T-770 CIVIL~ TERM CIVIL ACTION - LAW COUNTY: Market Street Mortgage Co[potation from Michael L. Bender, t313 Ziam~r~an Road, Carlisle, PA 17013 PLAINTIFF(S) (1) You are directed to levy upon the propedy ot the defendant(s) and to sell DEFENDANT(S) See Leqal 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 notity the garnishee(s) that: (~)~,a~ attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the det~d~nt(s) and from delivering any property of the defendant(s) or otherwise disposing thereol; (3) It property of the defendant(s) hot levied upon an subject to atl~chme6t is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enioined as above stated. Amount Due $78,247.34 L.L. $.50 from 3/29/01 to 9/5/0t interest _(pcr diem - $12.86) $?,~57.6~ Due Pr0thy Atty's Comm _ °/o _ Other Costs __ Atty Paid _ $104.96 Plaintiff Paid Date: ~y~ 2001 REQUESTING PARTY: Name Address: Attorney for: Telephone: Supreme Court iD No. F~ankFederman, Esq. One Penn Center at Suburban Station Suite Philadelphia, PA 19103 Plaintiff 215-563-7000 12248 Curtis R. Long Prothonotary, Civil Division Deputy REAL ESTATE S~L£ ;"~o,, 3 interest in the real property situate¢ i~ ~,J'.c~: Cumberland County, Pa.. i<nown and nc~Derecl as: ,~l,t',t f~ ~/. ~'~ and more fully described on ~ "A" fl~ with ti,is writ and ~ t~ reference Incorporated SCHEDULE OF DISTRIBUTION SALE NO. 13 Writ No. 2001-770 Civil Term Market Street Mortgage Corporation VS Michael L. Bender Filed October 5,2001 Date of Sale: Buyer: Bid Price: September 05, 2001 Federal Home Loan Mortgage Corporation $75,000.00 Real Debt $78,247.34 Interest 2,057.60 Attorney writ costs 104.96 Total $80,409.90 Distribution Amount Collected Legal Search Sheriff s Costs $2,397.92 200.00 2,197.92 R. Thomas Kline, Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 13 Held Wednesday, September 5, 2001 Date: September 5, 2001 TAXES: Receipts for all taxes for the year 1998 to 2000 inclusive. Taxes for the current year 2001. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated ,2001, and recorded ,2001, in Cumberland County Deed Book , Page RECITAL: BEING the same premises which Michael L. Bender, single man and Andrea K. Baer, single woman by deed dated September 6, 1995 and recorded September 11, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Carlisle, Pennsylvania in Deed Book 127, Page 1183 granted and conveyed to Michael L. Bender. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private fights in the roadbed of the road leading from Carlisle to Newville, known as the Newville Road. 6. Conditions, easements and restrictions shown on or set forth on the S.H. and Viola C. Deitch Plan of Lots in West Hill, Pennsylvania, recorded in Plan Book 5, Page 43. Mortgage in the amount of $73,700.00 given by Michael L. Bender to York Federal Savings and Loan Association dated September 6, 1995 recorded September 11, 1995 in Mortgage Book 1281, Page 381. Assigned to Market Street Mortgage Corporation by 10. 11. 12. instrument recorded in Miscellaneous Record Book 541, Page 1044. Further assigned to Mortgage Electronic Registration Systems, Inc. as nominee for Alliance Mortgage Company by instrument recorded in Miscellaneous Record Book 679, Page 3895. Complaint in Mortgage Foreclosure filed by Market Street Mortgage Corporation as Plaintiff against Michael L. Bender as Defendant in the Office of the Prothonatary of Cumberland County to file number 2001~770. Default judgment in the amount of $78,247.34 entered March 29, 2001. Mortgage in the amount of $24,000.00 given by Michael L. Bender to Equity One, Incorporated dated June 23, 2000 recorded July 10, 2000 in Mortgage Book 1624, Page 660. Assigned to Sovereign Bank by instrument recorded in Miscellaneous Record Book 648, Page 870. Building conditions and easements as set forth in deed of Anna E. Heishman, et al recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book "A," Volume 14, Page 507 and as shown in instruments recorded in Miscellaneous Record Book 74, Page 389 and 74, Page 391. Rights granted to Pennsylvania Power and Light Company by instrument recorded in Miscellaneous Record Book 97, Page 533. Rights granted to Cumberland Railroad by instrument recorded in Miscellaneous Record Book 29, Page 27. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 13. Satisfactory evidence to be produced that Market Street Mortgage Corporation is appropriate party to bring the subject Sheriff Sale after its assignment of mortgage to Electronic Registration Systems, Inc., as nominee for Alliance Mortgage Company. 14. Satisfactory evidence to be produced that advertisement of sale is sufficient without reference to improvements on premises. Real estate taxes accruing on and after January 1, 2002 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Note: Thi~ Title Report shall not be valid or bindipt'g ,] until countersigned by an authorized signatory. REAL ESTATE SALE NO. 13 ~//Writ No. 2001~770 Civ~l Market Street Mortgage Corporation Michael L. Bender Atty.: Frank Federman ALL that following described lot of ground situate, lying, and being in West Pennsboro Towr~shlp. Coun- ty of Cumberland, Commonwealth of Pennsylvania, bounded and lim- ited as folIows, to wit: BEGINNING at a point in the cen- ter of t-he public road lead/ng from Carlisle to Newville: thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S. H. Deitch. et South 04 degrees 30 minutes East, a dista~ce of 248.8 feet to a stake; thence s/~tll along lands now or for- merly of S. H. Deltch, et ux. North 85 degrees 30 rainutes East, a dis- tance of 100 feet to a stake at cor- ner of land now or formerly'of Eugenia M. Hurley (Lot 7); thence along said Lot No. 7, North 04 de- grees 30 minutes West, a distance of 248.8 feet to a point in thc cen- ter of the aforesaid pubitc road, the place of BEGINNING. BEING Lot No. 8 on the Plan of Lots laid out and adopted by $, H. Deitch and Viola Catherine Deitch. his wife. and recorded in the Cumberland County Recorders Of- rice in Plan Book No. 5, Page 43. BEING No. 2188 Newville Road. TAX PARCEL NUMBER: 46-18- 1402-009. TITLE TO'SAID PREMISES IB VESTED IN Michael L. Bender by Deed from Michael L. Bender, single man. and Angola K. Beer, single woman dated 9/6/95 and recorded 9/6/95 in Deed Book 127 Page 1183. '~MARKET STREET MORTGAGE CORPORATION Plaintiff, MICHAEL L. BENDER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CML DIVISION NO. 01-770~CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) MARKET STREET MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2188 NEV~rVILLE ROAD, CARLISLE,PA 17013. Name and address of Owner(s) or reputed Owner(s): NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,PA 17013 Name and address of Defendant(s) in the judgment: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Same as above Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of the last recorded holder of every mortgage of record: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) SOVEREIGN BANK 525 LANCASTER AVE., 2N° FL. READING, PA 19610 Name and address of every other person who has any record lien on the property: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) None Name and. address of every other person whom the plaintiff has knowledge who has any interest in the property, which may be affected by the sale: NAME LAST KNOWN ADDRESS (If address cannot be reasonably ascertained, please so indicate.) Tenant/Occupant 2188 NEWVILLE ROAD CARLISLE,PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. May 1, 2001 ,~,~/3~ ~ DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff MARI~E3~ STREET MORTGAGE CORPORATION . : Plaintiff, : MICHAEL L. BENDER : Defendant(s). : TO: MICHAEL L. BENDER 1313 ZIMMERMAN ROAD CARLISLE,PA 17013 CUMBERLAND COUNTY No. 01-770-CIVIL May 1, 2001 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE iN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAiNST PROPERTY.** Your house (real estate) at 2188 NEWVILLE ROAD, CARLISLE,PA 17013, is scheduled to be sold at the SheriftPs Sale on SEPTEMBER 5, 2001 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment obtained by MARKET STREET MORTGAGE CORPORATION (the mortgagee) against you. If the Sheriff's sale is postponed, the property will be relisted for the DECEMBER 5, 2001 SherifFs Sale. NOTICE OF OWNER'S RiGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215} 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ~ You may need an attorney to assert 'your fights. The sooner you contact one, the more chance you will have of stopping the sale. (See.notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. tfthe Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (7i7) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL that following described lot of ground situate, lying and being in West Pennsboro Township, County of Cumb~erla_nd,~Commonwealth of Pennsylvania, bounded and limited as follows, to wit: BEGINNING at a point in the center of the public road leading from Carlisle to Newville; thence by the center of said public road South 85 degrees 30 minutes West, 100 feet to a point; thence along lands now or formerly of S. H. Deitch, et ux, South 04 degrees 30 minutes East, a distance of 248.8 feet to a stake; thence still along lands now or formerly of S. H. Deitch, et ax, North 85 degrees 30 minutes East, a distance of 100 feet to a stake at comer of land now or formerly of Eugenia M. Hurley (Lot 7); thence along said Lot No. 7, North 04 degrees 30 minutes West, a distance of 248.8 feet to a point in the center of the aforesaid public road, the place of BEGINNING. BEING Lot No. 8 on the Plan of Lots laid out and adopted by S. H. Deitch and Viola Catherine Deitch, his wife, and recorded in the Cumberland County Recorder's Office in Plan Book No. 5, Page 43. BEING No. 2188 Newville Road. TAX PARCEL NUMBER: 46-18-1402-009 TITLE TO SAID PREMISES IS VESTED IN ~I L. Bender by Deed from Michael L. Bender, singleman, and Angela K. Baer, single woman ctarea 9/6/95 and recorded 9/6/95 in Deed Book 127 Page 1183. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication Under Act NO. 587, Approved May 16, 1929 Coromonwealth of Pennsylvania, County of Dauphin} ss James L. Clark being duly sworn according to law, deposes and says: That he is the Acounts Receivable Manager of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and piece of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News end The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 24th and 31st day(s) of July and the 7th day(s) of August 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid end is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in ~yli'scellaneous Book "M", Volume 14, Page 317. PUBLICATION ., .............................. .~,,.~.........~ .._,.,~_. _..~_ ,Z. ..................................................... COPY S~orr, t .... d suusctloeo oetore n3~t~is 3'1 st day/bt ,~ug~t'2001 A.D. S A L E #13 T.../LRU~,H~a~/ MemOer, pennsyNar~a AsSeC~tion ~ N~mi~ NO'F~FIY PUBLIC I' k My commission expires June 6, 2002 ~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERI_,NqD COUNTY COURTHOUSE . ~ ~ CARLISLE, PA. 17013 ~.o~, ~;'~,.~ Statement of Advertis ng Costs ~~1~.~ a~ TO THE PATRiOT-NEWS CO., Dr. ~I~INNING~"~"'n~"~'"m --a~a ~ ia Ibc ~'ef ~e For publishing the notice or publication attached ~s~"~' ...~.~.~,,,~,.~m~~,~ ~v~, lee~.t to ~i~; Probating same Notary Fee(s) $ 1.50 ~,~"~s~',~om..~ Publisher's Receipt for Advertising Cost ~~~,publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ~~%~-' receipt of the aforesaid notice and publcation costs and ce. fas that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 20, 27, AUGUST 3, 2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ ~TAT~ ~ NO. 13 Writ No. 2001 770 Civil Market Street Mortgage Corporation Michael L, Bender Atty.: Frank Federman ALL that followSng described lot of ground situate, lying and being In West Permsbero Township, Coma ty of Cumberland, Commonwealth of Pennsylvania, bounded and lim- ited as follows, to wit: BEGINNING at a potnt In the cen- ter of the public road leading from Carlisle to Newvllle; thence by the center of said public r~ad South 85 degrees 30 mLnutes West, 100 feet to a Ix>mt: thence along lands now or formerly of S. H. Deiich, et ux, South 04 degrees 30 ratnutes East, R dtstance of 248.8 feet to a stake: Roger ~i, Editor SWORN TO AND SUBSCRIBED before me this 3 .day of AUGUST, 2001