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Home My WebLink About02-06901N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. CIVIL DIVISION ISSUE NUMBER: TYPE OF PLEADING: Civil Action - Complaint in Mortgage Foreclosure TO DEFENDANT: You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTO-RNI~Y FOI~ B'~AINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: Three Gateway Center Pittsburgh, PA 15222 AND THE DEFENDANTS IS 36 Kelly Drive Carlisle, PA 17013 Aq~T~SRNEY FOR/PL~AINTIFF CODE - FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank, COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 36 Kelly Dr. Silver Spring Township (CITY, BORO, TOWNSHIP) (WARD) ATTd~ff°N(/FOJR ~Ti~FF'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, NO. O~,. ~- ~q~} Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff, CIVIL DIVISION NO. Oa -- VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Dollar Bank, Federal Savings Bank, formerly Dollar Saving Bank, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiffis Dollar Bank, Federal Savings Bank, which has its principal place of business at Three Gateway Center, Pittsburgh, Pennsylvania 15222, and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Keith L. Plasterer and Jamie Lee Plasterer, are individuals whose last known address is 36 Kelly Drive, Carlisle, Pennsylvania 17013. 3. On or about November 22, 1991, Defendants executed a Fixed / Adjustable Rate Note ("Note") in favor of Plaintiff in the original principal amount of $300,000.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about November 22, 1991 as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $300,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on November 26, 1991 in Mortgage Book Volume 1036, Page 990. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the September 1, 2001 payment. 7. On or about November 26, 2001, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices"), in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 8. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. § 101, et seq., as a result of sending the Act 91 Notices. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 263,680.85 Interest through 1/9/02 $ 9,563.98 Late Charges through 1/9/02 $ 555.88 Escrow advance through 1/9/02 $ 942.69 Inspections $ 54.60 Other fees $ 14.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 278,562.00 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $278,562.00 with interest thereon at the rate of $48.76 per diem from January 9, 2002, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. By: GRENEN & BIRSIC, P.C. Daniel J. Birsic,~squire Attorneys for Plaintiff One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" FIXED/ADJUSTABLE RATE NOTE (1 Year Treasury Index--Rate Caps--Fixed Rate Conversion Option) November 22 36 Kelly THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS NOTE ALSO CONTAINS THE OPTION TO CONVERT MY ADJUSTABLE RATE TO A NEW FIXED RATE. BE A TRUE AI D___ ..,..,CORRECT 19 91 cOPY OF T. li; mG z . Drive, Carlisle, Pennsylvania ~7013 ~ [ Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 300,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. Thc Lender is Do] ] ar Bank, Federal Sari Bank, Three Gateway Center, 10 East Pittsburgh, Pennsylvania 15222 I understand that the Lender may transfer this Note. Thc Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the ~Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.50 %. The interest rate I will pay may change in accordance with Sections 4 or 5 of this Note. The interest rate required by this Section 2 and Sections 4 or 5 of this Note is the rate I will pay both before and after any default described in Section 8(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly pay. ments on the first day of each month beginning on ,January 1 19 92 i will make these payments every month until I have paid all of the principal and interest and any other charges described below that ! may owe under this Note. My monthly payments will be applied to interest before principal. If, on December 1 , 20 21 , I still owe amounts under this Note, ! will pay those amounts in full on that date, which is called the "Maturity Date." ! will make my monthly payments at The Mortgage Service Center, P.0. Box 8469, Canton, Ohio 44711 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 2097.65 This amount may change. (C} Monthly Payment Changes Changes in my monthly payment will reflect changes in thc unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and thc changed amount of my monthly payment in accordance with Sections 4 or 5 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A} Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on thc first day of December , 19 97 , and on that day every 12th month thereafter. Each date on which my adjustable interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is thc weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by MULTISTATE FIXED/ADJUSTABLE RATE NOTE--1 YEAR CONVERTIBLE--Single Family--Fannie Mae Uniform Instrument Form 3261 12187 Form 4409 (8712) TO R~ ~e~ Ca~: G~..AT LAKES UUS~NESS FORMS. INC. Natx~ 1-8(:X:)-~.5343~ · ~ 1-8OO-358-~643 the Federal Reserve Board. The most recent Index figure available as of the da~5'5~ays before each Change Date is · called the "Current Index.~ If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change D/?~ Note Holder will calculate my new interest rate by adding T~to and 3/4 percentage points ( ~ %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%). Subject to the limits stated in Section ,~(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that i am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.50 % or less than 5.50 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 12.50 %, which is called the "Maximum Rate.~ Effective Date of Changes (E) My new interest rate will become effective on each Change Date. I will pay thc amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my adjustable interest rate and thc amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. FIXED INTEREST RATE CONVERSION OPTION (A) Option to Convert to FixedRate I have a Conversion Option that I can exercise unless I am in default or this Section 5 ( A ) will not permit me to do so. The "Conversion Option" is my option to convert the interest rate I am required to pay by this Note from an adjustable rate with interest rate limits to the fixed rate calculated under Section 5(B) below. The conversion can only take place on the first, second or third Change Date. Each Change Date on which my interest rate can convert from an adjustable rate to a fixed rate also is called the "Conversion Date." I can convert my interest rate only on one of these three Conversion Dates. if I want to exercise the Conversion Option, I must first meet certain conditions. Those conditions are that: (i) I must give the Note Holder notice that 1 want to do so; (ii) on the Conversion Date, I must not be in default under thc Note or the Security instrument; (iii) by a date specified by the Note Holder, i must pay the Note Holder a conversion fee of U.S. $250.00 ; and (iv) I must sign and give the Note Holder any documents the Note Holder requires to effect the conversion. (B) Calculation of Fixed Rate My new, fixed interest rate will be equal to the Federal National Mortgage Association's required net yield as of a date and time of day specified by the Note Holder for (i) if the original term of this Note is greater than 15 years, 30-year fixed rate mortgages covered by applicable 60-day mandatory delivery commitments, plus * XlYO(KIX0~X~°/~X, rounded to the nearest one-eighth of one percentage point (0.125%), or (ii) if the original term of this Note is 15 years or less, 15-year fixed rate mortgages covered by applicable 60-day mandatory delivery commitments, * plus ~g-g~l~}p~/~}(~e]~t~X(~0)(~ rounded to the nearest one-eighth or' one percentage point (0.125%). If this required net yield cannot be determined because the applicable commitments are not available, the Note Holder will determine my interest rate by using comparable information. My new rate calculated under this S~ection 5(B)~ill not be greater than the Maximum Rate stated in Section 4(D) above * one and ~chr'ee-eL~0:]~ pg~c,f-~a§e (C) New Payment Amount and Effective Date 'po'~nl: (1.~75~;) Il' I choose to exercise the Conversion Option, the Note Holder will determine the amount of the monthly payment that would be sul~cient to repay the unpaid principal I am expected to owe on the Conversion Date in full on the Maturity Date at my new fixed interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Beginning with my first monthly payment after thc Conv~Y~ion Date, I will pay thc new amount as my monthly payment until the Maturity Date. 6. BORROWER'S RIGHT TO PREPAY I have thc right to make payments of principal at any time before 'they are due. A payment of principal only is known as a ~prepayment.~ When I make a prepayment, I will tell thc Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the duc dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any. reduction due to my partial prepayment may be offset by an interest rate increase. 7. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to bc collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by thc amount necessary to reduce thc charge to thc permitted limit; and (ii) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing thc principal I owe under this Note or by making a direct payment to mc. If a refund reduces principal, the reduction will be treated as a partial prepayment. 8. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received thc full amount of any monthly payment by the end of calendar days~cr the date it is duc, ! will pay a late charge to the Note Holder. The amount of the charge will be 6.0 ~' % of my overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on thc date it is due, I will be in default. (C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require mc to pay immediately the full amount of principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, thc Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have thc right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by mc for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 10. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of'the amounts owed under this Note. !1.: WAIVERS I and any other person who has obligations under this Note waive thc rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. ~Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 12. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the ~Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: (A) Until my initial fixed rate changes to an adjustable interest rate under the terms stated Section 4 above, or after I exercise my Conversion Option under the conditions stated in Section 5 above, Uniform Covenant 17 of the Security Instrument is described as follows: Transfer of the Property or a Beneficial Interest in Borrower. I f all or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Borrower is ~old 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 which Borrower must pay, all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Sec:.ion 4 above, and until I exercise my Conversion Option under the conditions stated in Section 5 above, Uniform Covenant 17 of the Security Instrument described in Section 12(A) above shall then cease to be in effect, and Uniform Covenant 17 of the Security Instrument shall instead be described as follows: 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 ifa 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of accelera- tion. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF .~H~J~~~ :'{~' ' ' ~ (Seal) Keith L. Plasterer -Borrower J~ie lee plasterer. -Borrower ........................................................................................................... (Seal) -Bo'rowe. ............................................................................................................ (Seal) -Box'rower [Sign Original Only] EXHIBIT "B" CERTIFIED TO BE A TRUE AND CORRECT COPY OF ORIGINAL WHICH HAS Bk~q TRANSMIITED FOR RECORDING Above Thit line F~' P, eco~ding Date] MORTGAGE THIS MORTGAGE ("Security Instrument') is given on Tbe mortgagor is Keith L. Plasterer and Jamie Lee Plasterer November 22 ,19 9~. This Security Insm~nent is given to DOLLAR BANK, FEDERAL SAVINGS BANK which is organized and existl-g under the laws of THE UNITED STATES OF AMERICA address is THREE GATEWAY CENTER, 10 EAST, PITTSBURGH, PENNSYLVANIA 15222 ('Borrower'). , and whose ("Lender"). Borrower owes Lender the principal sum of Three Hundred Thousand and NO/lO0 ......................... ..................................................................................... .Dolla~ (U.S. $ 300,000.00 ..................... ). This debt is evidenced by Borrower's note dated the san~ date ns this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2021 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (¢) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following desch'bed property located in Cumberl and County, Pennsylvania: See Exhibit "A" Attached whichhnsthaaddre~of 36 Kelly Drive Carlisle [Street] [City] Penn~ylvenia 17013 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtennnces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument ns 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 the Property against all claims and demands, subject to any encumbrances of record. PENNSYLVANIA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 9/90 B/raking Fo~rns S~pply Co.. Inc. (8001 446-6655 Page I of 6 ~3039 1191 . ;'ri-IlS SECURITY INSTRUMENT cot .es uniform cove. aants for national use and non-' cm covenants with limited variations by jurisdiction.. ~ to constitute a uniform seOy instrument coveting 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 leasehold payments or ground rents on the Property, if any; (c) yearly b~?ard or property inauraace premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) 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 se, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Leader may estimate the amount of Funds due on the basis of current dsm 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 Leader is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. I.~ader 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. Unless 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 applicable 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 held 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 this 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 this 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 subordinating the lien to this Security Instrument. If Lender determines that any part of the 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. Flmmrd or Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage" and any other b~*~ards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to l.~nder'a approval which shall not be um'easonably withheld, lfBorrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Leader's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to l.~nder all receipts of paid Page 2 of 6 premi,'ums ;~ad renewal notices, hi the e,J loss, Borrower shall give prompt notice t~ ensurance carrier and Lender. Leader may make' proof of loss if not made prom~y by Borrower. .Unless 'Lender and Borrower otherwise agree ia writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Leader'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 the iusurunce 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 due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree ia writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to ia 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 this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the 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 unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be ia default if any forfeiture action or proceeding, whether civil or criminal, is begin1 that in Lender's good faith judgment could result ia forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest ia the Property or other material impairment of ~e lien created by this Security Instrument or Lender's security interest. Borrower shall also be ia 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 Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall 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 this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights ia the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights ia the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing ia court, paying reasonable attorneys' fees and entering on the Property to male repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Leader under this paragraph 7 shall become additional debt of Borrower secured by this Security histrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the 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 the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance ia effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be ia effect, Borrower shall pay the premiums required t.o obtain coverage substantially equivalent to the mortgage insurance previously ia effect, 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 available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (ia the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance ia effect, or to provide a loss reserve, until the requirement for mortgage insurance ends ia 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, ia connection with any condemoation or other taking of any part of the Property, or for conveyance ia lieu of condemnation, are hereby assigned and shall be paid to Lender. In 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 great.er 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 Single Fm'nilv - Fannie Mae/Freddie Mac UNIFORM iNSTRUMENT Rev. 9190 page 3 of S LIFT V~. 1191 ' SeCurity I~strument shall be reduced 1~ ~amouut of the proceeds multiplied by the t ~[ing fraction: (a) the total amount of lhe ~sums Secured immediately before the ~g, divided by (b) the fair market value of tk~roperty immediately before the taking. Any balance shall be paid to Borrower. In the event of a pariial 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 othen~ise 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 Propen'y.is abandoned by Borrower, or if, after notice by Lender to Borrower that the condenmor 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 1 and 2 or change the amount of such payments: 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extemsion 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 successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums 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-signers. 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 finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) 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 the 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 this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall 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. In 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 this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the 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 which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 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 ss applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender ali sums which then would be due under this Security Instrument and the Note ss if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this 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 Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective Ray. 9~90 Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT UFT V~'. 1/91 page 4 of S · as if no acceleration had occurred. Hox' '.r, this. right to reinstate shall not apply in thP of accelemtien under paragraph 17. · 19.. Sale of Note; Change of Loan: ~er. The Note or a partial interest in the N, ~[~gether with this Security Instrument) may'bs sold one or more times without p~'l~l' notice to Borrower. A sale may result in a ~llhge 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 urn-elated to a sale of the Note. If them is a change of the Loan Servicel', 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 ~Idress of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. H~vardoos Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any HaTsrdous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, any~hln~ 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 Hs~,~rdous 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 remediation of any H*Ts~rdous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'H,=~rdous Substances" are those substances defined as toxic or b*7:~rdous 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 covenanl and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant 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; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default ~ 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 specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrmnent 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 rifle evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument 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 future 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 sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 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 time to time under the Note. Page 5 of 6 g7. Fddefs to this Security Imtr, If one or more riders are executed by ~wer and recorded together wi~h this · Security ~nstrument, the covenants and agreements of each such rider shall be incorporated into and shall ameod and supplement the covenants ~nd agreements of this Security Instrumant as if the rider(s) were a pa~ of this Security lx~aument. [Check applicable --]Adjustable R~t¢ Rider F--1 Graduated Payment Rider ~] Balloon Rider ~ Other(s) [specify] [~ Condominium Rider [~ planned Unit Development Rider n~ Rate Improvement Rider FIXED/ADJUSTABLE RATE RIDER ~-]14 Fsmily Rider [-~ Biweeldy Payment Rider [--~ Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the lerms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Wimesse~: Keith L. Plasterer Social Security Number .~i~ Lee Plasterer ~ocial Security Number (Se~) (Se~) (Seal) Social Security Number (se~) Social Security Number [~:e Below This Line For A~,nowledgment] co om r srra or P SVLVSN A, co ty kG' . t _ /_ _t ~ · t ~, __ ~e ~de~i~ offi~r, ~ly ap~ ac~owl~g~ ~' ~7 ex~ut~ ~e ~ for~e~~~/~~e p~ h~m ~n~ ~/ IN ~ESS ~OF, I hereto ~t my ~d ~d o~cial ~1. ~~ ~/ ~ l / My Comm~lOn explr~ ~.~ ~ I CERTIFY THfiT THE PRECISE PLACE 0F BUSINESS 0F THE gITH~N Nfi~ED CENTER, PITTSBURGH, PENNSYLVfiNi~ ~22~ MORTGAGEE IS THREE GATEWAY PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 9/90 B~kir~ Form~ Supfl~ Co.. Irm. (8001 4,46-6855 Page 6 of 6 //3039 1/91 BTZ. THAT CERTAIN piece_~ cr parcel of land situat~ in the Township of Silver spring, County of ~land and C~,,~nwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern side of Kelly Drive at the divid/ng line be~-~--c-__~ Lots Nos. 15 ar~ 16 as shown on the subdivision plan of lots hereinafter mentioned; TH~qCE along said dividing line betwee_~n Lots Nos. 15 and 16, Nc~-th 72 de~ 53 minutes 31 seconds Fm.~t, a distance of 798.56 f~ to other remaining lands of W. Wayde and Gler~m F. Kelly; ~ along said other ~f~ininq lands of W. Wayde and Glem~ F. Kelly, the following two (2) oou~ses ar~ dist--: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 5.5.0 feet t~ a point; and (2) South 72 de~ 53 m~ 31 seoonds West, a cl~ oz. 798.56 feet to a point on the ~m-~tern side of Kelly Drive first mentioned above, TH~CE along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 f~ to a point on the same at the dividing line between Lots Nos. 15 and 16 as shown on the subdivision plan of lots hereirmfeer mentioned, the place of BEGINNING. BR~NG Lot No. 15 as shown on a certain plan of lots entitled "Final Subdivision Plan for Wayde Kelly, Section I", dated April 17, 1985 and recorded in the Office of the Recorder of ~ in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. Bk~rNG THE SAME PR~SES WHIC~ Richard A. Jameson, by bis attorney-in-fact Lou/s J. Ad]er and Mmr~aret A. Jameson, granted__ and conveyed unto Keith L. Plasterer and Jamie ~ Plasterer, by Dccd to be recorded in and for Cumberland County Recorder of Dcc~s on even date herewith. VERIFICATION Robert T. Messner, Esquire, General Counsel, and duly authorized representative of Dollar Bank, Federal Savings Bank, deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to his reformation and belief. Robert T. Messner~ Esquire General Counsel Dollar Bank, Federal Savings Bank SHERIFF'S RETURN - REGULAR CAS~ NO: 2002-00690 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLLAR BANK FEDERAL SAVINGS VS pLASTERER KEITH L ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the pLASTERER KEITH L DEFENDANT , at 36 KELLY DRIVE CARLISLE, PA 17013 KEITH pLASTERER at 2100:00 HOURS, on the 13th day of February , 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~7~ day of . A.D. So Answers: R. Thomas Kline 02/14/2002 GRENEN & BIRSIC y ~S~he r i ff SHERIFF'S RETURN - REGULAR CAS~ NO: 2002-00690 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOLLAR BANK FEDERAL SAVINGS VS pLASTERER KEITH L ET AL JASON VIORAL ' Cumberland County,Pennsylvania, says, the within COMPLAINT - MORT FORE was served upon pLASTERER JAMIE LEE Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 2100:00 HOURS, on the 13th day of February , 2002 at 36 KELLY DRIVE CARLISLE, PA 17013 KEITH PLASTERER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 27~ day of So Answers: R. Thomas Kline 02/14/2002 B R IC S?ieri[f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BAN K, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. I hereby certify that the address of the Plaintiff is: Three Gateway Center Pittsburgh, PA 15222 the last known address of Defendants is: 36 Kelly Drive Carlisle, PA 17013 NO.: 02-690 Civil Term TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: DOLLAR BANK, FEDERAL SAVINGS BANK COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 GRENEN & BIRSIC, P.C. Attorneys for I~aintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term TO: SIR: PRAECIPE FOR DEFAULT IUDGMENT PROTHONOTARY Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Keith L. Plasterer and Jamie Lee Plasterer, in the amount of $282,352.78, which is itemized as follows: Principal Interest through 3/21/02 Late Charges through 3/21/02 Escrow Deficiency through 3/21/02 Inspections Other fees Attorney Fees Title Search, Foreclosure and Execution Costs TOTAL $ 263,680.85 $ 12,977.18 $ 933.46 $ 942.69 $ 54.6O $ 14.00 $ 1,250.00 $ 2,500.00 $ 282,352.78 with interest on the Principal sum at the rate of $48.70 per diem, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. BY: GRENEN & BIRSIC, P.C. Dan['el J. Bir~;~c, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. AFFIDAVIT OF NON-MILITARY SERVICF AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT IUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS: ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Daniel J. Birsic, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this~ day of~~_~, 2002. Nota/7-Publfc- ..... ~r ~) , / , Allegh :~ Expir~ J ~/.]ania Assc ~ IN THE COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, No.: 02-690 Civil Term VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. TO: Keith L. Plasterer 36 Kelly Drive Carlisle, PA 17013 DATE OF NOTICE: March 6, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 By: GRENEN & BIRSIC, P.C. Attorneys for l~l~miff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PREPAID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DMSION BANK, Plaintiff, No.: 02-690 Civil VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. TO: Jamie Lee Plasterer 36 Kelly Drive Carlisle, PA 17013 DATE OF NOTICE: March 6, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9108 By: GRENEN & BIRSIC, P.C. Attorneys fo~Pla~ti~ One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 FIRST CLASS MAIL, POSTAGE PR.El'AID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NOTICE OF ORDER, DECREE OR IUDGMENT TO: Keith L. Plasterer 36 Kelly Drive Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on Z~2.~s-~.?, ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $282,352.78. with interest on the Principal sum at the rate of $48.70 per diem, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NOTICE OF ORDER, DECREE OR IUDGMENT TO: Jamie Lee Plasterer 36 Kelly Drive Carlisle, PA 17013 ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $282,352.78. with interest on the Principal sum at the rate of $48.70 per diem, and additional late charges, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Depu~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term ISSUE NO.: TYPE OF PLEADING: Praecipe for Writ of Execution (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa.I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR/MADAM: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendants, Keith L. Plasterer and Jamie Lee Plasterer, as follows: Principal $263,680.85 Interest to 9/4/02 $ 21,105.77 Late Charges to 9/4/02 $ 1,512.44 Escrow Deficiency to 9/4/02 $ 9,660.92 Inspections $ 103.05 Other fees $ 100.00 Attorneys' fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $299,913.03 By: GRENEN & BIRSIC, P.C. Daniel J. Bi~sic~ Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants.. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Daniel J. Birsic, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 36 Kelly Drive, Carlisle, Pennsylvania 17013 is Defendants, Keith L. Plasterer and Jamie Lee Plasterer, who reside at 36 Kelly Drive, Carlisle, Pennsylvania 17013, to the best of his infomiation, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS L~Ay OF ~_~; (~ Notary Public _~. ~cia A. Townsend. Notary Public City of Pitts~rgh, Allegheny Cotmty ~My ~,omm~sion i~xpires~Jun~ 2, 2003 ,2002. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Daniel J. Birsic, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on November 26, 2001 Defendants were mailed a combined Act 91 and Act 6 Notice, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF ~~.Q~, 2002. Notary Public Notarial Seal P~tfieia A. Tovtnmend, NoUu'y Public ci, My Core.sion ~pi~ J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Dollar Bank, Federal Savings Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Keith L. Plasterer and Jamie Lee Plasterer located at 36 Kelly Drive, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF KEITH L. PLASTERER AND JAMIE LEE PLASTERER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A SINGLE DWELLING HOUSE KNOWN AS 36 KELLY DRIVE, CARLISLE, PENNSYLVANIA 17013. DBV K35, PAGE 357, AND TAX MAP # 38-05-0435, PARCEL 084 1. The name and address of the owner or reputed owner: Keith L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Jamie Lee Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 2. The name and address of the defendant in the judgment: KeithL. Plasterer JamieLeePlasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 36 Kelly Drive Carlisle, Pennsylvania 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Dollar Bank, Federal Savings Bank Bureau of Compliance Unitas Bank Credential Leasing Corp. Way Point Bank [PLAINTIFF] Dept 280946 Harrisburg, PA 17128-0946 15 South Main Street Chambersburg, PA 17201 29 Middlesex Road Carlisle, PA 17012 235 North Second Street Harrisburg, PA 17101 4. The name and address of the last record holder of every mortgage of record: Dollar Bank, Federal Savings Bank Orrstown Bank Inc. Harris Savings Bank BLC Commercial Capital Corporation [PLAINTIFF] P.O. Box 2150 77 East King Street Shippensburg, PA 17257 234 North 2na Street P.O. Box 1711 Harrisburg, PA 17105 645 Madison Avenue 18th Floor New York, NY 10022 5. The name and address of every other person who has any record lien on the property: Cumberland Co. Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The 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: NONE I verify that the statements made in the Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. GRENEN & BIRSIC, P.C. D,'(ni~l J. Birsic/,, Esquire Attorney for Plaintiff SWORN to and subscribed before me this L~ay of ~~..Q.,__, 2002. Notary Public Notarial Seal Palricia A, Townsend, Notary Public City of Plttsbursh, All~heay Count}~ My Commission Expir~ June 2, Memt~er, PennsytvaniaAssoctatlonot Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. TO: NOTICE OF SHERIFF'S SALE OF REAL ESTATE Keith L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the COMMISSIONERS OFFICE CUMBERLAND COUNTY COURTHOUSE SECOND FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 on September 4, 2002, at 10:00 A.M., the following described real estate, of which Keith L. Plasterer and Jamie Lee Plasterer are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF KEITH L. PLASTERER AND JAMIE LEE PLASTERER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A SINGLE DWELLING HOUSE KNOWN AS 36 KELLY DRIVE, CARLISLE, PENNSYLVANIA 17013. DBV K35, PAGE 357, AND TAX MAP # 38-05-0435, PARCEL 084 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Dollar Bank, Federal Savings Bank Plaintiff, VS. Keith L. Plasterer and Jamie Lee Plasterer, Defendant, at Execution Number 02-690 Civil Term in the amount of $299,913.03. Claims against the property must be filed with the Shefiffbefore the above sale date. Claims to proceeds must be made with the Office of the Shefiff before distribution. Schedule of Distribution will be filed with the Office of the Sheriffno later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriffno later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. This paper is a notice of the date and time of the sale of your property. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal fights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exemise your fights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION 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 ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 You may have legal rights to prevent the Sheriffs Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection, you might have within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the Court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. GRENEN & BIRSIC, P.C. Daniel J. Birs~c, Esquire Attorney for Plaintiff IN THE COURT OF COlVIIVION PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Terns Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. LONG FORIVl DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Silver Spring, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lots Nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned; thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: (1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and (2) South 72 degrees 53 minutes 31 seconds, West a distance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lots nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I dated April 17, 1985 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING THE SAME PREMISES which Richard A. Jameson by his Attorney-in-Fact, Louise J. Adler Esquire, and Margaret A. Jameson, husband and wife, by their Deed dated November 22, 1991 and recorded November 26, 1991 in the Office of the Recorder of Deeds in Cumberland county in Deed BookK35, Page 357, granted and conveyed unto Keith L. Plasterer and Jamie Lee Plasterer, husband and wife. By: GRENEN & BIRSIC, P.C. Daniel J. Birs~-c,~squire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 DBV/Page K3 5/357 Tax Map # 38-05-0435 Parcel 084 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-690 Civil COUNTY OF CLrMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff (s) From KEITH L. PLASTERER AND JAMIE LEE PLASTERER, 36 KELLY DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $263,680.85 L.L. $.50 Interest TO 9/4/02 $21,105.77 Atty's Corem % Due Prothy $1.00 Atty Paid $122.21 Other Costs LATE CHARGES TO 9/4/02 $1,512.44 - ESCROW DEFICIENCY TO 9/4/02 $9,660.92 - INSPECTIONS $103.05 - OTHER FEES $100.00 - ATTORNEYS' FEES $1,250.00 - TITLE SEARCH, FORECLOSURE AND EXECUTION COSTS $2,500.00 Plaintiff Paid Date: APRIL 9, 2002 REQUESTING PARTY: Name DANIEL J. BIRSIC, ESQUIRE Address: GRENEN & BIRSIC, P.C. CURTIS R. LONG Prothonotary, Civil Division ONE GATEWAY CENTER,NINE WEST PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 48450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. NO.: 02-690 Civil Term KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. TYPE OF PLEADING: MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT FOR JAMIE LEE PLASTERER ONLY CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D.#484500 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, CIVIL DIVISION Plaintiff, VS. NO.: 02-690 Civil Term KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPEC/AL ORDER OF COURT FOR JAMIE LEE PLASTERER ONLY AND NOW, comes the Plaintiff, Dollar Bank, Federal Savings Bank, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Notice of SheriWs Sale Pursuant to Special Order of Court for Jamie Lee Plasterer ONLY under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about March 27, 2002, Plaintiff entered Default Judgment against Defendants, Keith L. Plasterer and Jamie Lee Plasterer in this action in the amount of $282,352.78 and for foreclosure and sale of the mortgaged premises 2. On or about April 9, 2002, Plaintifffiled with the Prothonotary a Praecipe for Writ of Execution on the judgment in this action. 3. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff mailed the Defendant, Jamie Lee Plasterer a true and correct copy of Plaintiffs Notice of Sheriff Sale, by certified mail, return receipt requested at her last known address being 36 Kelly Drive, Carlisle, Pennsylvania 17013 and by directing the Sheriff of Ctunberland County to serve the Defendant at the same address. 4. As of April 26, 2002, the certified mail regarding Defendant, Jamie Lee Plasterer has been returned to Plaintiff indicating that the mail is unclaimed. A true and correct copy of the returned certified mail envelope is marked Exhibit "A", attached hereto and made a part hereof. 5. As of May 6, 2002, Plaintiff has not received notice from the Cumberland County Sheriff indicating if they were able to serve the Defendant with a copy of the Notice of Sheriff's Sale. 6. An Affidavit of the Plaintiffstating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, Jarnie Lee Plasterer and the reasons why service of the Notice of Sheriff's Sale cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to permit the Plaintiff to serve Defendant, Jamie Lee Plasterer, by mailing a true and correct copy of the Notice of Sheriff's Sale by certified mail, return receipt requested and first class mail, postage pre-paid to 36 Kelly Drive, Carlisle, Pennsylvania 17013. Service of the Notice of Sheriff's Sale shall be deemed complete and valid upon marling by the Plaintiff. GRENEN & BIRSIC, P.C. BY: D ' · · Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 EXHIBIT "A" EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term .AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Daniel J. Birsic, Esquire, ofGRENEN & BIRSIC, P.C. attorneys for Plaintiffand deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Jamie Lee Plasterer, named in the above-captioned matter: a. On April 26, 2002, Plaintiffmailed to the United States Postmaster at Carlisle, PA 17013 a request to be furnished with a forwarding address of Defendant, Jamie Lee Plasterer. bo On April 29, 2002, Plaintiffreceived a response from the United States Postmaster indicating that Defendant, Jamie Lee Plasterer, resides at 36 Kelly Drive, Carlisle, PA 17013. A true and correct copy of that response is marked as Attachment "A", attached hereto and made a part hereof. Examinations were made of the Carlisle Area Telephone Directory; said examination indicated that Defendant, Jamie Lee Plasterer is listed at 36 Kelly Drive, Carlisle, PA 17013. a. Examinations were made of the Cumberland County Voter Registration Records; said examination indicated that Defendant, Jamie Lee Plasterer is registered at 36 Kelly Drive, Carlisle, PA 17013. d. A computer records search of a nationwide database indicates that Defendant, Jamie Lee Plasterer resides at 36 Kelly Drive, Carlisle, PA 17013. Finally, affiant deposes and says that after the foregoing investigation, the Plaintiffbelieves and avers that the Defendant, Jamie Lee Plasterer resides at 36 Kelly Drive, Carlisle, PA 17013. GRENEN & BIRSIC, p.c. Daniel J. Birs~c,~Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to an subscribed before me this ~c~ dayof_ ~ , ~ ,2002. Notary Public Notarial Seal Patricia A. Townsend, Notary Public City of Pittsbm~h, Allegheny County My Commission Expires June 2, 2003 Meffiber, PerlrtsyivartiaAssoci~Jio~o~Notaries ATTACHMENT "A" Posanaster Carlisle, PA 17013 City, State, ZIP Code Date April 26, 2002 Request for Change of Address or Boxhoider Information Needed for Service of Legal Process Please furnish the new address or the name and street address (ifa box holder) for the following: Name: Jamie Lee Plasterer Address: 36 Kelly Drive, Carlisle, PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself):Paralegal 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: Dollar Bank, Federal Savings Bank 4. The court in which the case has been or will be heard: Common Pleas of Cumberland County, Pennsylvania 5. The docket or other identifying number if one has been issued:02-690 Civil Term 6. The capacity in which this individual is to be served (e.g., defendant or wi~ess): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LIT/GAT/ON COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OR BOTH (TITLE 18 U.S.C SECTION 100~.ADDRESS INFORMATION OF NOT MORE THAN S YEARS, I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. SZ?r Jah~6s E. Ashbangh Printed Name Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY No change of address order on file. POSTMARK Not known at address given. NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS Moved, left no forwarding address No such address. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, Plaintiff, VS. CIVIL DIVISION NO.: 02-690 Civil Term KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. ORDER OF COURT AND NOW, to wit, this day of ,2002, upon consideration of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve Defendant, Jamie Lee Plasterer, by certified mail, return receipt requested, and first class mail, postage pre-paid at 36 Kelly Drive, Carlisle, Pennsylvania 17013. Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. BY THE COURT: C~ERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of Court was mailed to the following on this _ f-~t~ day of /V/c, ~/ 2002, by first class, U.S. Mail, /, postage pre-paid: Jamie Lee Plasterer 36 Kelly Drive Carlisle, PA 17013 GRENEN & BIRSIC, P.C. Daniel J. Birsi ,efEs'~uire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412)281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, NO.: 02-690 Civil Term VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. ORDER OF COURT AND NOW, to wit, this /{~' day of r~,a~ ,2002, upon consideration of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is pemfitted to serve Defendant, Jamie Lee Plasterer, by certified mail, return receipt requested, and first class mail, postage pre-paid at 36 Kelly Drive, Carlisle, Pennsylvania 17013. Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, ISSUE NUMBER: VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term TYPE OF PLEADING: SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank SALE DATE: 9/4/02 COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term _SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Dollar Bank, Federal Savings Bank, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Keith L. Plasterer and Jamie Lee Plasterer located at 36 Kelly Drive, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF KEITH L. PLASTERER AND JAMIE LEE PLASTERER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A SINGLE DWELLING HOUSE KNOWN AS 36 KELLY DRIVE, CARLISLE, PENNSYLVANIA 17013. DBV K35, PAGE 357, AND TAX MAP # 38-05-0435, PARCEL 084 1. The name and address ofeveryjudgrnent creditor whose judgment is a record lien on the real property to be sold: Harley Group, Inc. 32 South Arlydar Blvd. Dillsburg, PA 17019 George D. Berryhill P.O. Box 271 Hershey, PA 17033 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Daniel-J.-Birsic, Esquire Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS ~ DAY OF ~ o('X~ ~ ,2002. Notary Public l Notarial Seal "1 Patricla A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association o! Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. CIVIL DIVISION ISSUE NUMBER: NO.: 02-690 Civil Term TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 9/4/02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DWISION BANK, Plaintiff, NO.: 02-690 Civil Term VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Daniel J. Birsic, Esquire, Attorney for Plaintiff, Dollar Bank, Federal Savings Bank, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 4, 2002 as follows: 1. Keith L. Plasterer and Jamie Lee Plasterer are the owners of the real property and have not entered an appearance of record. 2. By letter dated April 5, 2002, the tmdersigned counsel served Defendant, Keith L. Plasterer, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 36 Kelly Drive, Carlisle, Pennsylvania 17013. On or about April 9, 2002, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A tree and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. On May 16, 2002, this Court entered an Order authorizing Plaintiff to serve Defendant, Jamie Lee Plasterer, by certified mail, return receipt requested and first class mail to addresses set forth in the Order, with service to be valid upon mailing. A true and correct copy of the Order is marked as Exhibit "A" attached hereto and made a part hereof. 4. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on May 20, 2002 the undersigned counsel served Defendant, Jamie Lee Plasterer, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested, and regular U.S. mail postage prepaid, addressed to 36 Kelly Drive, Carlisle, Pennsylvania 17013. A true and correct copy of the U.S. Postal Service form 3800, Article Number 7001 0360 0002 5418 9688 and the Certificate of Mailing, evidencing service by certified mail and first class mail on the identified Defendant, are marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: Daniel J. Birsic,/L~squire Attorneys for Plaintiff Nine West, One Gateway Center Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS (~-- DAY OF ~C~a.~ ,2002. Notary Public Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association ot Notaries EXItlBIT "A" · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number 19'rander from service J 7001 ~ 510 000? [] Agent [] ~:ldrassee C. Det~ of Delivery D. is delivery address different from item 17 I~1Y~ If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Express Mail [] Registered ~ Return Receipt for Merchandise r-I Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes 3185 4105 PS Form 3811, August 2001 Domestic Return Receipt EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term ORDER OF COURT AND NOW, to wit, this.~day of ~///~Oj.//'" ,2002, upon consideration of the // within Motion for Service of the Notice of SheriWs S~lle Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiffis permitted to serve Defendant, Jamie Lee Plasterer, by certified mail, retum receipt requested, and first class mail, postage pre-paid at 36 Kelly Drive, Carlisle, Pennsylvania 17013. Service on the Defendant shall be deemed complete and valid upon mailing by the Plaintiff. BY THE COURT: / T,, .,~ COPY' FROM RECORD t,, %~timony whereof, I here unto set-my hand ~. seal of said/Court at f:arlisJe, P.~, I/ EXHIBIT "C" Postage Certified Fee Return Rece pt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Postmark Here U.S. POSTAL SERVICE CI=I~I-IFICATE OF MAILING MAy BE USED FOR DOMEST C AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE-POSTMASTER , One piece of o~dina~j mail addressed to: PS Form 3817, January 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, CIVIL DIVISION Plaimiff, ISSUE NUMBER: VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. # 48450 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 9/4/02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. CIVIL DIVISION NO.: 02-690 Civil Term Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Daniel J. Birsic, Attorney for Plaintiff, Dollar Bank, Federal Savings Bank, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: 1. By letters dated April 5, 2002, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated April 30, 2002, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are tree and correct based upon my personal knowledge, information and belief. BY: GRENEN & BIRSIC, P.C. Daniel J. B~rs~c, Esqmre Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this q~--day of~, 2002. Notary Public Notarial Seal Patricia A. Townsend, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 2, 2003 Member, Pennsylvania Association ot Notaries EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DOLLAR BANK, FEDERAL SAVINGS BANK, NO.: 02-690 Civil Term Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Dollar Bank, Federal Savings Bank, Plaintiffin the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information was of record concerning the real property of Keith L. Plasterer and Jamie Lee Plasterer located at 36 Kelly Drive, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF KEITH L. PLASTERER AND JAMIE LEE PLASTERER, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A SINGLE DWELLING HOUSE KNOWN AS 36 KELLY DRIVE, CARLISLE, PENNSYLVANIA 17013. DBV K35, PAGE 357, AND TAX MAP # 38-05-0435, PARCEL 084 1. The name and address of the owner or reputed owner: KeithL. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Jamie Lee Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 2. The name and address of the defendant in the judgment: Keith L. Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 Jamie Lee Plasterer 36 Kelly Drive Carlisle, Pennsylvania 17013 3. The name and last known address of every judgmem creditor whose judgment is a record lien on the real property to be sold: Dollar Bank, Federal Savings Bank [PLAINTIFF] Bureau of Compliance Dept 280946 Harrisburg, PA 17128-0946 Unitas Bank 15 South Main Street Chambersburg, PA 17201 Credential Leasing Corp. 29 Middlesex Road Carlisle, PA 17012 Way Point Bank 235 North Second Street Harrisburg, PA 17101 4. The name and address of the last record holder of every mortgage of record: Dollar Bank, Federal Savings Bank Orrstown Bank Inc. Harris Savings Bank BLC Commercial Capital Corporation [PLAINTIFF] P.O. Box 2150 77 East King Street Shippensburg, PA 17257 234 North 2na Street P.O. Box 1711 Harrisburg, PA 17105 645 Madison Avenue 18th Floor New York, NY 10022 5. The name and address of every other person who has any record lien on the property: Cumberland Co. Domestic Relations Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 PA Dept. Of Revenue Bureau of Individual Taxes Inheritance Tax Division, Dept. 280601 Harrisburg, PA 17128-0601 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The 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: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. D~(ni~l J. Birsic, l~squire Attorney for Plaintiff SWORN to and subscribed before me this ~day of_.~fl~.~__, 2002. Notary Public Noleda} ,~ Pauicia A. ~ NoUu'y Public City of Pittfl~n~h, AIk~gh~ay County My Comm~io~ Bxpi~ Jun* 2, 2003 u.s. POSTAL SERVICE CERTifiCATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: //~ ~_ One piece of ordinary mail addressed to: PS Form 3817, Mar. 1989 st~mps and ir~ of u~rent U.S, POSTAL SERVICE CERTIFICATE OF MAILING J Aff)~x ,f.e~.here in stamps MAY BE USED FOR iNO.~D.O..M~E_STIC_AND INTERNAT ONAL MAIL DOES NOT I ~""me~'?.~.tagN and PROVIDE FOR ..... ~-e--~OSTMASTER ' J /¢l~oe~ I~ark: .~uiCe of ~~ Affi.x__fee...here in Stamps Ay BE USED FOR DOMESTIC AND INTERNATIONA m ~~-,--~r~. ....... I/~ ~ark.~uiie of .ec~ved From: ~~ost~tar ~current ~ ~ . PS ~orm 38~7, Mar. ~989 J*S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: One piece of ordinary mail addressed to: PS Form 3817, Mar. 1988 ~.~7"~'~ /~-~ ~,.,.~,5.~- SERWCE CERTIFICATE OF MAILING A ' re n s~amps FOR DOM ST,C AND NTERNAT, ONA . P~b~-F~ INSURANCE--POSTMASTER L MAIL, DOES NOT ,..i.d F,o~: 11~7~*~ f~lcurrent · piece of ordina~ mail addressed to: ~ ~;.i~Lr: '~ '~/ ~ ~ /' ~ ~ . ~: U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE--POSTMASTER ' Received From: ~ One piece of ordinary mail addressed to: Affix f~le. bere in stamps ~ t ~r~l~ ~ land ~oet r~rkl I,h~uir~ of ~stm~er f~urrent 1Afl--rein e~,mps U.S. POSTAL SERVICE CERTIFICATE OF MAILING / ~ef me~f ~l~tag~ and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT / ./pos~ ~a~...~?uire of PROVIDE FOR INSURANCE--POSTMASTER current Received F~m: :~E GATEW~' WEST PS Form 3817, Mar. 1989 u.s. POSTAL SERVICE CERTIFICATE OF MAILING I AffijLb?_~re in stamps ~_A,..Y..?_E_U_S_E_D FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT I ~met~<l~agei and r'r~uv~u= ~'UH INSURANCE--POSTMASTER ' ~ I~/post ma~rk. _.~.l~uir,~ of /: ~A~' L/~i[°etm ~a~TM f~¥urrent Received From: One piece of ordinaw mail addressed to; :: Form 3817, Mar. 1989 "J Affix- _f~ere in s~emps u.s. POSTAL SERVICE CERTIFICATE OF MAILING | ,~met~f ~{l~tag~ end ~v .~ us~= ~o. =o~s~c ~.~ ~m~..~o.~ =~..o=s .o~ / /?~ e~r~.~,~, o~ PROVIDE FOR INSURANCE--POSTMASTER i~os[~zer ~current }: ~E~ PS Form 3817, M:r. 1989 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: ~NEi~ ~. ~IIRSI[,, RC ~E GATEWAY' CF~Trr: One piece of ordina~ mail addressed to: '~ PS Form 3817, Mar. 1989 '~ /~--6~ Affix fee here in stamps uStage~nd ir~ of /Postma~er ~.~ ur~'ent EXHIBIT "B' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, NO.: 02-690 Civil Term VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. SUPPI.EMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Dollar Bank, Federal Savings Bank, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the infonnation previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Keith L. Plasterer and Jamie Lee Plasterer located at 36 Kelly Drive, Carlisle, Pennsylvania 17013, and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF KEITH L. PLASTERER AND JAMIE LEE PLASTERER, OF, IN AND TO THE FOLLOWING DESCRmED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SILVER SPRING, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A SINGLE DWELLING HOUSE KNOWN AS 36 KELLY DRIVE, CARLISLE, PENNSYLVANIA 17013. DBV K35, PAGE 357, AND TAX MAP # 38-05-0435, PARCEL 084 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Harley Group, Inc. 32 South Arlydar Blvd. Dillsburg, PA 17019 George D. Berryhill P.O. Box 271 Hershey, PA 17033 I verify that the statements made in the Supplemental Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Daniel J. B~rs~c, Esqmre Attorneys for Plaintiff SWORN TO and SUBSCRIBED BEFORE ME THIS q~c~ DAY OF ~t ~Q"'~ ~- ,2002. Notary Public [ Notarial Seal Public M atricia A. Townsend, Notary City of pittsburgh, Allegheny County y Commission Expires lane 2, 2003. Member, Pennsylvania Association ot Notanes U.S. POSTAL SERVICE CERTIFICATE OF MAILING I ~erel~atamps MAY BE USEDiFOR DOMESTIC AND INTERNATIONAL MArL DOES NOT ~ or ~.~z~st~ge and PROVIDE FOR NSURANCE--POSTMASTER ' te~ po~ma'~j~lnquire of ~ ~o~as~r Current PS Form 3817, Mar. 1989 ~, MAy BE USEO FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: piece of ordinary mail addressed to: PS Form 3817. Mar. 1989 ,j~. ~j.~ e heip in stamps po~tage and Inquire of f? current IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. NO.: 02-690 Civil Term KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. _~ ORDER OF COURT And now this Day of ~~ ,2002 upon consideration of the Motion to Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) is hereby ORDERED, ADJUDGED and DECREED that Plaintiffthe may continue the sheriff sale currently scheduled for November 6, 2002 for up to three (3) additional times, at Plaintiff's discretion, without further order of court, but under no circumstances may the sale be continued beyond the March, 2003 regularly scheduled sheriff sale day in Cumberland County. It is further hereby Ordered, Adjudged and Decreed that any such continuance in accordance with this Order, shall be done without the need to send new notices to Defendants or any of the lienholders and requiring the Sheriff's Office of Cumberland County to make a public announcement of each continuation, including the new sale date, to all bidders assembled at the sale scheduled for November 6, 2002 and on the date of any subsequently continued sale date. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.:02-690 Civil Term ISSUE NO.: TYPE OF PLEADING: MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.3 (a) FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Brian B. Dutton, Esquire Pa. I.D. #81953 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,' PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term MOTION TO CONTINUE SHERIFF'S SALE AND DISPENSE WITH NEW NOTICE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.3 (a) Now comes, Dollar Bank, Federal Savings Bank, by its counsel, Grenen & Birsic, P.C., and files this Motion to Continue Sheriffs Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) as follows: 1. On or about February 8, 2002 Dollar Bank, Federal Savings Bank ("Plaintiff') filed a Complaint in Mortgage Foreclosure against Keith L. Plasterer and Jamie Lee Plasterer (Defendants") in the Court of Common Pleas of Cumberland County at the above-captioned number and term ("Foreclosure Proceeding"). 2. On or about March 27, 2002, Plaintiff obtained ajudgment in Mortgage Foreclosure against the Defendants at the above-captioned number and term. 3. On or about April 9, 2002, Plaintiff caused a Writ of Execution to be issued in the Foreclosure Proceedings and scheduled the real property subject to the Foreclosure Proceedings for a SherifI's Sales on September 4, 2002. 4. The Sheriff of Cumberland County continued the sale of the mortgaged premises from September 4, 2002 to November 6, 2002, at the request of Plaintiff, to allow the Plaintiff and Defendants to negotiate a forbearance agreement. 5. On September 4, 2002, the Sheriff's Office made a public announcement of the continuance at the regularly scheduled Sheriff's Sale date. 6. Plaintiff has entered into a Forebearance Agreement with the Defendants, providing Defendants an opportunity to reinstate their mortgage with Plaintiff over a four (4) month period, with the final forbearance payment due in February, 2003. 7. Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a), new notice is required to be given as provided in Pennsylvania Rule of Civil Procedure 3129.2(a), ifa sale of real property is stayed, continued, postponed or adjourned, "except as provided in subdivision (b) or by special Order of the Court". 8. Upon the failure of the Defendants to comply with the terms of the Forbearance Agreement, Plaintiff is permitted to exercise its rights and execute upon the real property. 9. Plaintiff requests the right to be able to continue the sheriff sale three (3) additional times without further court order but under no circumstances may the sale be continued beyond the March, 2003 regularly scheduled sheriff sale in Cumberland County. 10. If the Sheriff's Sale can not be continued by Order of Court, Plaintiff will be required to re-file its real estate execution, and incur attorney's fees and advertising costs relating to the re- scheduling of the Sheriff's Sale, which will be ultimately borne by Defendants. 11. Defendants have consented to this Motion as being in their best interest. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff the ability to continue the sheriff sale currently scheduled for November 6, 2002 for up to three (3) additional times, at Plaintiff's discretion, without further order of court, but under no circumstances may the sale be continued beyond the March, 2003 regularly scheduled sheriff sale day in Cumberland County. It is further hereby ordered that any such continuance in accordance with this Order, shall be done without the need to send new notices to Defendants or any of the lienholders and requiring the Sheriff's Office of Cumberland County to make a public announcement of each continuation, including the new sale date, to all bidders assembled at the sale scheduled for November 6, 2002 and on the date of any subsequently continued sale date. BY: GRENEN & BIRSIC, P.C. · n B Dutton, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion to Continue Sheriff's Sale and Dispense With New Notice Pursuant to Pennsylvania Rule of Civil Procedure 3129.3(a) was mailed to the following on this 4th day of November, 2002, by first class, U.S. Mail, postage pre-paid: Keith L. Plasterer 36 Kelly Drive Carlisle, PA 17013 Jamie Lee Plasterer 36 Kelly Drive Carlisle, PA 17013 BY: GRENEN & BIRSIC, P.C. Brian B. Dutton, Esquire Attorneys for Plaintiff One Gateway Center-Nine West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS CIVIL DIVISION BANK, Plaintiff, ISSUE NUIvlBER: VS. KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. NO.: 02-690 Civil Term TYPE OF PLEADING: PRAECIPE TO STRIKE JUDGMENT CODE- FILED ON BEHALF OF PLAINTIFF: Dollar Bank, Federal Savings Bank COUNSEL, OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 GRENEN & BIRSIC, P.C. One Gateway Center 9 West Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOLLAR BANK, FEDERAL SAVINGS BANK, VS. Plaintiff, KEITH L. PLASTERER and JAMIE LEE PLASTERER, Defendants. CIVIL DIV1SION NO.: 02-690 Civil Term PRAEC1PE TO STRIKE JUDGMENT TO: PROTHONOTARY SIR: Kindly strike the judgment at the above-captioned matter and mark the docket accordingly. By: Sworn to and subscribed before me this _c3,D[ o(~13q day of ]"~t3 ~10~ ,2003. Notary Public P~ci~ A. T~ ~ ~ ~ of ~, ~y ~y My ~i~ ~ J~ ~ ~3 GRENEN & BIRSIC, P.C. aniel ~. Birsi(, f, zsquire Attorneys fi)r Plaintiff Dollar Bank, Federal Savings Bank VS Keith L. Plasterer and Jamie Lee Plasterer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-690 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Daniel Birsic. Sheriff's Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Levy 15.00 Poundage 1247.51 Posting Bills 15.00 Advertising 15.00 Mileage 12.42 Certified Mail 2.80 Postpone Sale 80.00 Law Journal 363.05 Patriot News 260.95 Share of Bills 25.20 $2098.43 paid by attomey 3/26/03 Sworn and subscribed to before me This $.~,t. day of~ 2003, A.D. /(/~ff.~ /'~)~. Prothonotary R. Thomas Kline, Sheriff Real L~tate Deputy PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that thc primed notice or publication attached hereto is exactly the same as was primed in thc regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 25 Writ No. 2002-690 Civil Dollar Bank, Federal Savings Bank VS. Keith L. Plasterer and Jarnie Lee Plasterer Atty.: Daniel J. Birsic LONG FORM DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Silver Spring, Cumberland Coun- ty, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the eastern side of Kelly Drive at the dividing line between Lots Nos. 15 and 16 as shown on the subdivi- sion plan of lots hereinafter men- tioned: thence along said dividing line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East. a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: {1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point: and (2) South 72 degrees 53 minutes 31 seconds, West a dis- tance of 798.56 feet to a point on the eastern side of Kelly Drive first mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lots nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. SWORN TO AND SUBSCRIBED before me this 9 .day ofAUGUST, 2002 , LOI Pul I Line between Lots Nos. 15 and 16 North 72 degrees 53 minutes 31 seconds East, a distance of 798.56 feet to other remaining lands of W. Wayde and Glenda F. Kelly; thence along said other remaining lands of W. Wayde and Glenda F. Kelly, the following two courses and distances: [1) North 17 degrees 6 minutes 29 seconds West, a distance of 550 feet to a point; and [2) South 72 degrees 53 minutes 31 seconds, West a dis~ tance of 798.56 feet to a point on the eastern side of Kelly Drive £~rst mentioned above; thence along said eastern side of Kelly Drive, South 17 degrees 6 minutes 29 seconds East, a distance of 550 feet to a point on the same at the dividing line between Lots nos. 15 and 16 as shown on the subdivision plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 15 as shown on a certain plan of lots entitled Final Subdivision Plan for Wayde Kelly, Section I dated April 17, 1985 and recorded in the Office of the Record- er of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 50, Page 50. BEING TI-IE SAME PREMISES which Richard A. Jameson by his Attorney-in-Fact, Louise j. Adler Esquire, and Margaret ~ Jameson, husband and wife, by their Deed dated November 22. 1991 and corded November 26, 1991 in the Office of the Recorder of Deeds in Cumberland County in Deed Book K35, Page 357, granted and con- veyed unto Keith L. Plasterer and damie Lee Plasterer, husband and wife. DBV/Page K05/357. Tax Map $$38-05-0435 Parcel 084. THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ///~ ............................................................ L-'/. Swern ~_o ~__nd ~,_,~('ri~d before me this~14th day o~pA'tJg~002 A.D. COPY S A L E #25 I City Of Harrisburg, Dauphin County .] /~/~_~ ~-~//r( .~/~.../~/.//_.C...[_~/L_ I My Commission Expires June 6, 2006 I NOTARY PUBLIC - Member. Pennsylvania Association Of Notaries My commission expires June 6, 2006 RLA.,L B~I'A11~. e&LE No. ~ C~liTen~ CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 259.20 Probating same Nota~ Fee(s) $ 1.75 $ 260.95 Total Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general .... ~i~ nf ~h~ ~fnr~ai~ not ce and publication costs and ce~ifies that the same have By .................................................................... 5ta~eme~ oi To TBB pATfl~O~'-t4F-W For pubtish~ng the ~ot~ce or P' hereto on the above stat~ probating same ~ota~ pubt~sher'S fleceipt ~or Advertis~ ~,'sber oi ~t¢ notice