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HomeMy WebLinkAbout04-5660 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff CASE NO. 04 - Sl.lt:,l) C:l~l,l'--r~ CIVIL DIVISION v. TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE WAYNE L. ULSH, Defendant FILED ON BEHALF OF: Plaintiff, Northwest Savings Bank: COUNSEL OF RECORD FOR THIS PARTY: Kurt L. Sundberg, Esq. Pa. Supreme Court I.D. No. 56844 Marsh Spaeder Baur Spaeder & Schaaf, LLP Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTIlWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. TO: Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TIlE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED TIIAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITIlOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTIlER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTIlER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTIlER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITIl INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP ..'? By Kt:lg Alomeys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 04 - St,I-O C.L~~LJ-~ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes the plaintiff, Northwest Savings Bank, by its attorneys, Marsh Spaeder Baur Spaeder & Schaaf, LLP, and files the following Complaint in Mortgage Foreclosure and avers as follows: 1. The plaintiff is Northwest Savings Bank, a bank organized under the laws of the Commonwealth of Pennsylvania with its principal offices situate at 121 West 26th Street, Erie, Pennsylvania 16508 (hereinafter referred to as "MORTGAGEE"). 2. The defendant, Wayne L. Ulsh, is an adult individual who resides at 36 East Main Street, Plainfield, Pennsylvania 17081, and is hereinafter referred to as the "MORTGAGOR." 3. At all times material to MORTGAGEE's cause of action, the MORTGAGOR has been the owner of a parcel ofland and building situate in the Village of Plainfield, West Pennsboro Township, County of Cumberland, and Commonwealth of Pennsylvania, described as follows: ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line of land now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer of land now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofland formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line of land now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No.1 hereinabove described; thence along the eastern line of said Tract No. 1 hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. 2 Being the same property in Decree Awarding Real Estate of John L. Ulsh, aIkIa J. Lee Ulsh, dated June 21, 1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. (hereinafter referred to as the "Property"). A true and correct copy of said Deed is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "A." 4. On May 22, 1998, in consideration ofthe loan of$43,750.00made by MORTGAGEE to MORTGAGOR, the MORTGAGOR executed and delivered to MORTGAGEE a Note secured by a Mortgage on the Property above described in the principal amount of$43,750.00, obligating the MORTGAGOR to pay the sum of$317.22 per month, which payments were due on or before the first (1 st) day of each month, with interest on the unpaid principal balance from the date of said Note, until paid, at the rate of 7.875% per annum. A true and correct copy of the said Note is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "B." Said Mortgage is recorded in the office ofthe Recorder of Deeds of Cumberland County, Pennsylvania, in Mortgage Book 1458 at Page 945, and a true and correct copy of said Mortgage is attached hereto, is incorporated herein by reference, and has been marked EXHIBIT "C." 5. The Mortgage was assigned by First United Mortgage Services, Inc. to Northwest Savings Bank by Assignment of Mortgage dated May 22, 1998 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Record Book 478, Page 664. Said Assignment is attached hereto, is incorporated herein by reference and has been marked Exhibit "D". 6. Pursuant to the terms of said Mortgage above recited and its accompanying Note, failure to make a monthly payment when due constitutes a default. The MORTGAGOR has defaulted in his required monthly payments by failing and refusing to pay the MORTGAGEE the 3 required monthly payments of principal and interest for the months of October through December of 2003 and January through November, inclusive, of 2004. The last monthly payment was in September of2003, and the total delinquency amounts to thirteen (13) months. The MORTGAGEE has made repeated demands on the MORTGAGOR to pay said monthly payments, but without success. 7. As of October 22, 2004, the total arrearages due and owing the MORTGAGEE is $6,593.20. As of the anticipated Sheriffs Sale date, the amount due the MORTGAGEE will be: Principal balance Negative escrow Interest to 02/01/05, Date of Sheriffs Sale Late charges to 02/01105, Date of Sheriffs Sale Collection fee TOTAL $41,325.35 2,348.32 4,691.73 269.62 2,900.00 $51,535.02 Plus all costs of any kind or nature. 8. MORTGAGEE certifies that notice of intention to foreclose was gIven to MORTGAGOR by MORTGAGEE pursuant to Section 403 of Act No, 6 ofthe General Assembly of the Commonwealth of Pennsylvania. True and correct copies of said Notices of Intention to Foreclose sent to MORTGAGOR and certified mail receipts and domestic return receipts showing mailing and receipt or nonreceipt by the MORTGAGOR of said Notice are attached hereto, are incorporated herein by reference, and have been marked EXHIBIT "E". 9 . MORTGAGEE has given the MORTGAGOR notice pursuant to Section 1680.403c of Article IV-C of the Pennsylvania Housing Finance Agency Law, known as the Pennsylvania Homeowner's Emergency Mortgage Assistance Act. True and correct copies of said Notices sent to MORTGAGOR and certified mail receipts and domestic return receipts showing mailing and 4 receipt or nonreceipt by the MORTGAGOR of said Notices are attached hereto, are incorporated herein by reference, and have been marked EXHIBIT "F", The MORTGAGOR has not have met with MORTGAGEE or an approved consumer credit counseling agency within thirty-three (33) days after the postmark date of said Notices. WHEREFORE, plaintiff demands judgment against the defendant in the amount of $51,535.02, plus costs of suit, Sheriff's Sale and foreclosure and sale of the mortgaged Property. Respectfully submitted, MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By Ii ry KUrri'. SundBerg Attorneys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 Exhibits Attached: "A" Deed "B" Note "C" Mortgage "D" Assighment of Mortgage "E" Notice ofIntention to Foreclose Mortgage, together with Certified Mail Receipts and Domestic Return Receipts "F" Notice Under Homeowner's Emergency Mortgage Assistance Act, together with Certified Mail Receipts and Domestic Return Receipts 5 VERIFICATION I, Braden R. Jones, Vice President of Retail Collections for Northwest Savings Bank, hereby verify that the facts contained in the within Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities and is given pursuant to the provisions for verification of pleadings as defined and provided for in Rule 1024 of the Pennsylvania Rules of Civil Procedure. Vice President/Re 11 Collections Northwest Savings Bank LEGAL DESCRIPTION ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feef west of land formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No, 2 hereinafter described, South 12 degrees 30 minute West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 75 feet to a point in line ofland now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No, 2 hereinafter described at the Place of BEGINNING. THE ABOVE-described Tract No.1 has thereon erected a bungalow and other improvements and is designated as 36 East Main Street, Plainfield, Pennsylvania 17081. :~CT NO.2: " BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania -Route No. 641, which is also mown as Main Street in the Village of Plainfield, at the northwestern comer of land now odformerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west of land formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line of land now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No. 1 hereinabove described; thence along the eastern line of said Tract No.1 hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. EXHIBIT BOOK 1458 PAi. 851 j A . -. ~ . ( BEING the same two tracts of land which by Decree Awarding Real Estate in the Estate of John L. Ulsh, also known as 1. Lee Ulsh, dated June 21, 1995, and recorded June 21, 1995, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 123, Page 1002, was awarded to Wayne L. Ulsh, your Mortgagor herein, and his sister, Carolyn L. Baldwin, as equal tenants in common, '~ ~" .', ~'..' '.~ " .~, :.h, . :-.~~:~.'~~(:;S'\~~~..~ .~ ,(::t\) ~,,'1"'~~'" 't.~, \, N' ",\~",;,,~~,,"..t" '-\;'"....',...j.~:.' " r'.'-' ~.;~, " ..... ..~. ""'if.' .' '-J ...,.,~, "'~"''''''~'~'~'' , ~~~1 ~ ~ ;": 4..-..,,::..;;.-;,".. (4 "'lI,~~)i'~1 ,,~Q:- .,-(l...,A'..'.,...,. .~:;(J..z, 11"'~ A >r '" . A ~ . ,\. ~~It ~ ;, '''"'':.,:r..~, ~~1J;.-,!.. '~: A,:;Jhf:,.; . .;JI';' of' ~~"..., '. ntnlft....., ...~..,::":;..~ .. ~.., :',..' .,t.,~::F:.(; .1 ~... A.~ ',. ~ .>.~.....~., '4. I ~" . 1~...,. \' ," :/. '.. ... . ~~i - r .', ~ ~,~~~. :.\1\ ;:r.~ ~'f ,~,'!-:..k;.,.J. 'i~~";..,...,~~... ..... ~,;.'~:'#' 11 ~""...,~ ,.~.. 'n,",:'; ~.,. ~jJJ~-, ,.iiJ&....... ~~'''''. ". 'Q"~......~':'.~-;,~.r",.O,.~, '. ~ ," .~.j{t,it~~~~:,.... '., "',,, . , " -'~... - "",,"' .....~...... '....c_, ,... '. 'it'..... ...~"'.",.........- ~:'''';>' '.","'......~".JtIIt-' . L01~ NO. 69810270030 ~Y 22 ,19 98 NOTE This Is to (i fy this Is a true and correct copy of the MECHANICSBURG original dOClJl1lent. PA (City) /7 ( 1.J.1 (State] 36 EAST MAIN STRTi!Ti!T- F)~~ tJ~ f IJ1.v...., PLAINFIELD, PA 17081 t7v (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 43,750.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is FIRST UNITED MORTGAGE SERVICES, INC., 4931 CARLISLE PIKE, MECHANICSBURG, PA 17055 I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder". 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7 . 8 7 5 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(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 payments on the 1ST day of each month beginning on JULY 1 19 98 ,I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on JUNE 1 , 2028 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date". I will make my monthly payments at 4931 CARLISLE PIKE, MECHANICSBURG, PA 17055 or at a different place if required by the Note Holder. 'I .. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 317 .22 4. BORROWER'S RIGHT TO PREPAY I have tbt right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepaymen~. When I make a prepayment, I will tell the 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 due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, w~fh applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pennitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (ii) any sums already collected from me which exceeded pennitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 000 % of my overdue payment of principal and interest. I 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 the 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 me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delive . EXHIBIT MULTISTATE FIXED RATE NOTE - Single Family - FNMAIFHLMC UNIFORM INSTRUMENT ~ Page 1 of 2 Initials: I B (D)fNo Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full .as described above, the Not~ Holder will still have the 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 me for all its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice 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. 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. 8. OBLIGATIONS OF PERSONS UNDER TIllS 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~s 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 anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "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. 10. 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 which 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: 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 peri040f not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secure<f 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. ( ~ ;;~~Ht;;;:(ND SEA~S) OF TH:::ERSIGNED WAYNE (f' ULSH -Borrower Social Security Number 186 - 3 0 -7369 Social Security Number (Seal) -Borrower (Seal) (Seal ) -Borrower -Borrower [Sign Original Only] MULTISTATE FIXED RATE NOTE - Single Family - FNMA/FHLMC UNIFORM INSTRUMENT j, A Page 2 of 2 Initials: 'VL----\ Form 3200 12/83 9/91 -C;.. '.;> "'') ,. ? ,/I Cd ~ (' ,J'W :~ ~, :; :- ~ i ~ ~ , :- ,~ ~ :~ ~: ;: ~. .~: '~1 :-: ",":.:: ':' r' C ~ ~_ :' s .' I, ~.~ ~~: ;~; : . h, f'- ,r.. I, I. .. . , ~ , , -". t ~I \. ...' U" I , -. '98 JUI.. S Prl 1 29 (Space Above This Une For Recording Data) LOAN NO. 69810270030 MORTGAGE THIS MORTGAGE ("Security Instrument") is given on MAY 22 The mortgagor is WAYNE L. ULSH 1998 This Security Instrument is given to FIRST UNITED MORTGAGE SERVICES, INC., ("Borrower"). which is organized and existing under the laws of COMMONWEALTH OF PENNSYLVANIA , and whose address is 4931 CARLISLE PIKE, MECHANICSBURG, PA 17055 ("Lender"), Borrower owes Lender the principal sum of FORTY-THREE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 Dollars (U.S. $ 43,750.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 1, 2028 . 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 (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND County, Pennsylvania: SEE ATTACHED LEGAL DESCRIPTION 1- . ~ '> .;1 which has the address of 36 EAST MAIN STREET PLAINFIELD Pennsylvania 17081 [ Street) ("Property Address"); ICity) (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. EXHIBIT PENNSYLVANIA. Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3039 9/90 Page 1 of 6 Laser Forms Inc. (8001 446-3555 ~ LIFT 13039 9/93 Initials:'/ J J!I c BOOK1458PAGE .945 , THis SECURITY INSTRUMENT co...."ines uniform covenants for national use and nor -''1iform covenants with limited variations by jurisdiction to constitute a uniform s, lity instrument covering real property. ' UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items". Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ("RESPA "), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be. held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank.. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. 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. Appftcation of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall t>e 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, fmes imd 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 tb.e 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; (b) 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. Hazard or Property 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 hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance 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 pro;jtl give to Lender all receipts of paid Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Rev. 9/90 Page 2 of 6 Initials: LIFT Ver, 7/92 BOOK 1458 PAGE .946 premi~ and renewal notices. In the ev......t of loss, Borrower shall give prompt notice tr....e insurance carrier and Lender. Lender may make proof of loss if not made pre . dy by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the P.roperty damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by 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 in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender'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 detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the 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 in 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 in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any am~ts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. ~, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from 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 in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially eQqi.valent to the mortgage insurance previously in 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 (in 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 in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. 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 inunediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT .. If Rev. 9/90 Page 3 of 6 Initials: I!'-L-~ LIFT Ver, 7/92 BOOk 1458 PAct .947 Security Instruri1ent shall be reduced by ....e amount of the proceeds multiplied by the ('owing fraction: (a) the total amount of the sumS secured immediately before tht. . .Jng, divided by (b) the fair market value of t.. .Jroperty immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to cormnence 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 ta have been given to Borrower or Lender when given as provided in this paragraph. 15. Gov~g 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 Instiument 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 as 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 all sums which then would be due under this Security Instrument and the Note as 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 Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT I.J Rev. 9/90 Page 4 of 6 Initials: If: ~ V'\ LIFT Ver. 7/92 BOOK1458PAGE 848 as if no acceleration had occurred. Ho~''''er, this right to reinstate shall not apply in tlv- 'ase of acceleration under paragraph 17. 19.. Sale of Note; Change of Loan I.. ,icer. The Note or a partial interest in the NL \together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other infonnation required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this wagraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any 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 as 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 Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Releue. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminite 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 presenCor future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Re~tement 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. PENNSYLVANIA - Single Family - Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 30399/90 Page ~Of 6 Laser Forms Inc. l8001 446.3555 LIFT '30399/93 Initials: Bou~1458 rAGE .949 27. ,Riders to this Security Instnr ute If one or more riders are executed byr Tower and recorded together with this Security Instrument, the covenants and a6.vements of each such rider shall be incorporat~ .uto and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] D Adjustable Rate Rider D Graduated Payment Rider D Balloon Rider D Other(s) [specify] D Condominium Rider D Planned Unit Development Rider D Rate Improvement Rider o 1-4 Family Rider o Biweekly Payment Rider o Second Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. w11-LO ~wJ- (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Space Below This Une For Acknowledgment] Certificate of Residence I, suz.JNNE QUATRARA do hereby ~fy that the correct address of the within-named Mortgagee is 4931 CARLISLE PIKE, HARRISBURG, PA 17055 Witness my band this 22ND day of MAY , .', f - 1998, /k~~ Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, lu-~La~ County ss: On this, the 22ND day of MAY 1998 ,before me the undersigned officer, personally appeared WAYNE L. ULSH known to me (or satisfactorily proven) to be the person whose name IS subscribed to the within instrument and acknowledged that HE executed the same for the purposes herein contained, ~~~\':;::;:~.',I;", _ li\.., ..' . """ T.'.... ~. ..,. . ",,' I ,'. -: ;,: ,,~,. ,'. ,;"~'''' ~ . c,'~" 1 - . ,;.I -: 'vJ. ('I '~;'""':~' rr'.".., I' ~ ~ l~ :- ;~: r~~>? t~ ~ ~;:~' ';~ : ~:'.~ ti tr : ~ : rf.. 0 ..'~" :,' ~'F.".:(.'".~U1 , ,t~~.:,!: ~"', ":, r~~. .,,'~'!;'y-r;;4'w l~'.~": I.::..: :t'J' ..',......, ,"''.:':. ". .'~' ;:' .# I";"", ..1I....." I~" ..... i...... .~ ",..... ./,. ...... . ,-, . 't" -'" ......... _, V':"" ,,,.,\"~Ol..J ~.,. " ~<"':-("" '- .~.',,' '. .,' " tf,'JIt',rrC'tl"'\' u It: oil," ~'... IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal RobIn J. Goshom, Notary PublIc CartIeIe Boro, Cumberlantl County My Commission E;cplres AprIl 17, 1999 PENNSYL VANIA - Sing e Family. Fennle MeeJt-reddle Mec U~ IFORM INSTRUMENT Form 3039 9/90 Pege 8 of 8 Laser Forms Inc, 18001 448-3555 ,,~^ LIFT '3039 9/93 Initials: ~ My Commission expires: nOOK 1458 'AGE .950 LEGAL DESCRIPTION ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract NO.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 fectwest of land formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minute West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 75 feet to a point in line of land now or formerly of Harper Ken; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. THE ABOVE-described Tract NO.1 has thereon erected a bungalow and other improvements and is designated as 36 East Main Street, Plainfield, Pennsylvania 17081. tRACT NO.2: )I BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania -Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer of land now or iformerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west of land formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176,7 feet to a point in the line of land now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No. I hereinabove described; thence along the eastern line of said Tract NO.1 hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. BOOK 1458 PAGr. .951 ( BEING the same two tracts of land which by Decree Awarding Real Estate in the Estate of John L. VIsit. also known as 1. Lee VIsh, dated June 21, 1995, and recorded June 21, 1995, in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book 123, Page 1002, was awarded to Wayne L. Vlsh, your Mortgagor herein, and his sister, Carolyn L. Baldwin, as equal tenants in common. :" '~, ", , .', ;. ,...,., ... ~'..."'" "'~'\ .. * -, : "~..~(oi~\~~'Q~. , . ~', '0 \) \"'~ ',....:;l.:.,if:..'.;:., N r-.', > . ""..'"'.,..,'1~/""~ .~.. ,I., ., r ,'-' :-;:,.'., 'f<)"Y<,. ,>'it} <,:, '\ . l'-.l ,'. ,,'0..:' ~";;(~.,., " ! ,.-. ~, , I. -r.... i~ '.~-l' ~ . ( '. .~IJ.. 1 ,>I 'l)..~ ,. ,~.P""," ~J1~: ~~l~<""~';'::"~' , ~...... '"J,iA '. ....,.;;J{;I:.P'!'- 1.<41.... ,. ",'" \ .4 :f.~ ,: ., l! ~~-.d"", ).":i~;t : ~ .,., ~", f" f I r-~~''; ',".1\"-1' !J".'ii,...li'!..:.. , ".. ," ,A _.' ~'~>,,\O:J" ,'".( , J~'* i~.w~ \.....r.:;;f.'!; ~,I..~.,<.;. . ~ .., "'" 1 -..: -' .. ,., ,f;. , .. II ~4. ~"~:.\I\,!f...: ,fJ,If....',,'~T. /h'!1'" . '~~'~.~ f..,;. ."i.... "~t~~...~.,..~ '1;~., -.:.;1), .~. , ,-:.1-. '-:ot'!- ."ri~~.. .... '.;..~' ~.~~_:;''' "'.:~t'''' :~.,.:' ~i~ ~:e~"'~'.'.'."~';.?*,,r;\()~;': , 'i1J:J'I-A;i'Uf:!~, ~'.'_' " ,~c.;I'\IV"~1ll',-- "'fl,~\,,,..~.,.,, ;.,,,....'...", 't'. ... :"l.. -,..'ftiif'tio .;.rl~ ~# .' :t: i'~~.I"i-,."'~ BOOk 1458 PAGf, 85 , ThIS Is to cenity this Is a true and correct copy of the .._JS IGNMENT I OF MORTGAGi ~Iglnal dOCU~ ~~t"'1>l In THESE PRESENTS, that FIRST UNITED It:lRTGAGE SERVICES INC., for valuable consideration received to its full satisfaction, does hereby sell, assign, transfer and set over unto NORTHWEST SAVINGS BANK, and/or their respective successors or assigns as their interest may appear, P.O. Box 1793, 108 Liberty Street, Warren, Pennsylvania, a certain Mortgage dated the 22ND day of _ MAY , 19~ executed and delivered to FIRST UNITED MORTGAGE SERVICES INC. by WAYNE L. ULSH (WEST PENNSOORO '!WI') and recorded in Mortgage Book Volume , Page togetheI:- wi th a Promissory Note secured thereby and referred to therein; and all sums of money due and to become due thereon. MORTGAGE AMOUNT $ 43,750.00 Witness: ~jU-..{./f.. Li, -' J (j;ti.-dL'~;(.../ I UNITED MORTGAGE SERVICES INC. hereunto day of ~.AY , 19~. . .::1 ~@i~~~ ~ Norma R. Moss, President IN WITNESS WHEREOF, FIRST sets its hand this 2~ COMMONWEALTH OF PENNSYLVANIA ) ) SSe cotfNTY OF CUMBERLAND ) ~ " On this, the 22ND day of MAY 19 98 , before me, a Notary Public, the undersigned officer, personally appeared Norma R. Moss, who acknowledged herself to be the:;"President of First United Mortgage Services Inc., a corporation, and that she as such President, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by herself as President. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Q~O.v~ Nota~ Public After recordin~ return to: NotanaJ Se.' Ha~~e~' .fouv~e. Notary PUblic . My CommiSS;:"Ex~~~~~~~ 2~~~~~o Member. Pennsylvania Association of Not"iies EXHIBIT FIRST UNITED MORTGAGE SERVICES, mc. 4931 Car1i.1. Pike MeChanic.burg, PA 17055 , J9 D ACT 91 NOTICE DE ~1Q:!m TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE . This is an official notice that the mortj:laQe on yt;>ur home is in default. and the lender intends to foreclose. SpeCific ,"formation about tne nature of the default IS provIded In the attached paQes. The HOMEOWNER'S MORTGAGE ASSISTANCE the proQram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS Of- I HE DAfE OF I HIS NO liCE. fake this notice With you when YOU meet WIth the CounsellnQ Agencv. The name. address and Phone number of Consumer Credit CounselinQ Agencies servinQ your County are listed at the end of thIs Notice. If you have any Questlons._you ma'y call the t>ennsylvanla HousinQ Finance AQencv toll free at 1-800-342-2397. (persons WIth impaIred hearinQ can call (71 f) 780-1869). This Notice contains imP.Ortant legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attomey in your area. Tlie local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNATRADUCCION INMEDITAMENTE LLAMANDO ESTAAGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEG1BLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO 'HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI POT ECA. HOMEOWNER'S NAME(S): WaY..ne L Ulsh PROPERTY ADDRESS: 36 E. Main St. Plainfield.l,PA 17081 LOAN ACCT. NO.: 6981002f0030 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDER/SERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE ANU HELP YOU MAKE FU lURE MOR I GAGf: PA YMEN I S IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY, TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date ot this Notice, During that time you must arrange and attend a "face-ta-face" meetinQ. with one of the consumer credit counseling agencies Iisled at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT 30) DAYS. IF YOU-DO NOT APPLY FOR EMERGENCY MORIGAGE ASSISTANCE. YOU MUSI BRING YOUR MORIGAGE UP 10 IJAlf:. I HE: PART OF IHI~ NO I ICI= CALLI=IJ "HOW 10 CURE YOUR MOKl GAGE DEFAUL I". t:XPLAIN~ HOW 10 BKING YOUR MOK I GAGE UP 10 DA II: CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies lIsted at the end of this notice, the lender may NO f take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desi!:lnated consumer credit counselinQ aQencies for the county in whicll the property IS located are set forth at the end of thiS Notice. It IS only necessary to schedule one face-to-face meeting. Advise your lender Immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following p'ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lenderd you have the right to ap.ply for financial assistance trom the Homeowner's Emergency Mortgage Assistance Program. To 0 so, you must fill out, sign and file a completed Homeowner's EmergencY,Assislance Program Application with one of the designated consumer credit counseling agencies listed at the end orthis 'Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvam.a Housing Finance Agency. Your application MUST be filed or postmarked witFiin thirty (30) days of your face-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOw-TRE OTHER TIME PERIODS SET FORTH IN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION-Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility cntena established bylhe Act, The Pennsylvania Housing Finance Agency has six,ty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met th.e, time requirem~nts, set forth above, You will be notified directly by the Pennsylvania HOUSing Finance Agency of Its deCISion on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOllOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have flied bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 36 E. Main St Plainfield, PA 17081 IS SERIOUSLY IN DEFAULT because: A, YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the follOWing amounts are now past due: October 2003 - January 2004 @ $472,92 Ea, February 2004 - September 2004 @$497,72 Ea Other charges (explain/itemize): Late Fees - $190.32 TOTAL AMOUNT PAST DUE $6,063,76 B, YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev. 5. page 1 71~ I EXHIBIT F. HOW TO' CURE tHE DEFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THI!! TOTAL AMOUNT PAST DUI!! TO THE LENDER, WHICH IS $ 6,063.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Northwest Savings Bank P.O. Box 337 Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURl! THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intends to exercise Its rights to accelerate the mortgaae debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose UDOn your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up -to one hour before the Sheriffs Sale. You may do so by payina the total amount then past due. piUS any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writinq by the lender and by performing any other requirements under the mortgaae, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately ~months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Northwest Savings Bank Address: P.O. Box 337, Warren, Pa. 16365 1-877-300-5774 1-814-728-7740 Mark McCullough Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE-You 0 mayor 181 may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: .TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY 181 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE -, ' PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAJ<(717)234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 . Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAJ< (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAJ< (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 ..., ~ , / ! 7004 0750 0002 6382 9380 "'~ -~"~N,~_' 0; ......tWI- '~A8Celf)t'\ .,...,..... '....',' ...~l,.,:, ,.,<l!,., ...,"', _~",t-:::<:,''-:' ...o,."""~;';,.:,,~,:,,,~,~~~,'~:':~;-" ACT 91 NOTICE ~ ~lO.m TAKE ACllON TO SAVE YOUR HOME FROM FORECLOSURE This Is an ofllclal notic:e that the mortgage on your home Is In default. and the lender intends to foreclose. Specific infOrmatIOn 8DO\lt lne nalure Of tne defaUlt IS Dl'OVlde<S In tne attactled pages. The HOMEOWNER'S MORTGAGE ASSISTANCE the prooram works. To see If HEMAP can helD. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DA Y~ OF I HE DA 1 ~ OF I HIS NOTICE. I ake thiS notICe with YOU wnen you meet WIU\ tile Counseling Agency. The name. address and Phone number of Consumer Credit CounsellnQ Aaencies servlll$l your County are Dsted at the end of thIS NOtICe. If you have allY QUestions. you I'ilaY cad the pennsYlVania HoUSlllQ FInance A$l8OCV toll tree at 1-800-342-2397. (persons WJln impaired hearma can call 1/1 7)/lS0-1669). this Notice contains imp.ortant Iegallnfonnatlon. If you have any ~uestlons, representatives at the Consumer Credit Counseling AaenCv ~ be able to help explalri it You r::nay arso want to contact an attorney In your area. Tfie loCal bar association may be able to help you find a lawyer, LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVlENDO EN SU CASA. 81 NO COMPRENDE El CONTENIDO DE ESTA NOTlFICACION OBTENGA UNATRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al NUMERO MENCIONADO ARRIBA. PUEDES SER ELEG1BLE PARA UN PRESTAMO POR EL PROGRAMA.LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" El CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HI POT ECA. ~W~~~~~~~~(S): ~~~L~i~l~t Plainfleld...PA 17081 LOAN ACCT. NO,: 6981002/0030 ORIGINAL LENDER: Northwest Savings Bank CURRENT LENDERlSERVICER: Northwest Savings Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE VVHICH CAN SAVE YOUR HOME FROM FORE:CLOSUKE AND HELP YOU MAKE FU rURE MOH I GAGI: I"A YMEN l::i IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE-Under the Ac~ you are entitled to a temporary stay of foreclosure onyour mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meetirq with one of the consumer credit counseling a~ncies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT 30) DAYS, IF YOU~DO NOT APPLY FOR EMERGENCY MOtOGAGE ASSIStANCE. YOU MU::i1 HHING YOUR MORrGAGE UP IU DAII:, IHE PARI 01- rHIS N01ICE: CALLI:U "HOW 10 CURl: YOUR MORTGAGE DI::FAULI'.I:XPLAIN~ HUW 10 BRING YOUR MOKIGAGI: UP 10 UAII:: CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agenCies listed at the end of this notice, the lender may NO I take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of desillnated consumer credit counselinll allencies for the county in whiCh tile property Is located are set forth at tile end of tillS Notice, It IS only necessary to schedule one face-to-face meeting. AdVise your lender Immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see folloWing p'ages fOr speCifiC infOrmatton about the nature of your default.) If you have tried and are unable to resolve this problem witli the lencfelj you have the right to apply for financial assistance fi'om the Homeowner's Emergency Mortgage ASsistance Program. To 00 so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end orthis 'Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the PennsylVania Housing Finance Agency. Your apPlication MUST be filed or postmarked witftin thirty (30) days of your face-to-face meeting. YOU"~n FIll! YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT ~S~~aST YOUBW::E~I:I&':~~~ l~b ~Cf."ltH ~~pll!-:T~6r-fcrR ~~\~<<iaIfI.v~'s'i'tlA:~g<<:it~ BE DENieD. AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency und~~ the ellglplllty ~ntena establis~e~ bylhe Act. Ttie.Pennsylvania Housing Fina!lce Agency has six,ty (60) days t!) make a decISIOn after It receIves your application. Dunng that tIme, no foreclosure proceedmgs Will be pursued against you if you have met th.e. time requirem~nts. set forth above, You will be notified directly by the .Pennsylvania HOUSing Finance Agency of Its deCISion on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A neMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stili apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinll it up to date,) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 36 E. Main St. Plainfield, PA 17081 IS SERIOUSLY IN DEFAULT because: . A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: October 2003 - January 2004 @ $472,92 Ea, February 2004 - September 2004 @ $497.72 Ea Other charges (explainlitemize): Late Fees - $190.32 TOTAL AMOUNT PAST DUE $6,063.76 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HEMA Rev, 5, page 1 ".. I EXHIBIT E HOW TO CURl THI DIFAULT-You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING TH! TOTAL AMOUNT PAST DU! TO TNI! LINDIR, WHICH IS $ 6.063.76 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: Northwest Savinas Bank P.O. Box 337 Warren, Pa. 16365 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) IF YOU DO NOT CURl THI DIFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender Intend. to exerclee Its rlahbt to accel.rate the mortaaae debt. This means that the entire outstanding balance of this debt win be considered due immediately and you may lose the chance to pay the mortgage in monthly InstaDments. If fun payment of the total amount past due Is not made within THIRTY (30) DAYS, the lender also intends to instruct Its attorneys to start legal action to foreclose uPOn your mortgaQed property. IF THI MORTGAGIIS FORICLOSED UPON-The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attomeys, but you cure the delinquency before the lender begins legal proceedings against you. you win stiR be required to pay the reasonable attomey's fees that were actually Incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attomey's fees actually incurred by the lender even if they exceed $50.00. Any attomey's fees wiD be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default withIn the THIRTY (30) DAY period. you will not be required to pay attorney'. f.... OTHER LeNDeR ReMEDieS-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURe THe DeFAULT PRIOR TO SHERIFF'S SALI!-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time UP -to one hour before the Sheriffs Sale. You may do so by payina the total amount then past due. plus any late or other charaes then due. reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writina by the lender and by performlno any other requirements under the mortoaae. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3-months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THe LENDER: Name of lender: Northwest Savings Bank Address: P.O. Box 337. Warren, Pa. 16365 1-877-300-5774 1-814-728-7740 Mark McCullough Phone Number: Fax Number: Contact Person: eFFeCT OF SHeRIFF'S SALe-you should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your fumishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGe-you 0 mayor 181 may not (CHECK ONE) sell or transfer your home to a buyer or transferee w.ho ~iII assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid pnor to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVe THE RIGHT: .TO SEll THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER lENDING INSTITUTION TO PAY OFF THIS DEBT. · TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) · TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER lAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . · TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE lENDER. · TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CReDIT COUNSELING AGENCIES SERVING YOUR COUNTY 181 CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, P A 17268 (717) 762-3285 ...", r-"''>, , ... iCJ ~ ~ 1i lI( Y1 C) ~.....) ,- ~::1 ......... 0- ...: "-':1 0 ~ L ~.. .1 ~ ~ ~ ;'Y:: ::;:i G i:1 () " .1 ~, .. r:'i ::D . lI1 1,1 ' ('.. -ern ~ - ~ CJ .1 Ie.) '.\S -r;~ :~'; ~q -.. $ r:-? I I ~1 _..J .::.:, "- .....'-'- '" :;;J .1::.'" "< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, PLAINTIFF CASE NO. 04-5660 CIVIL TERM V. TYPE OF PLEADING: ANSWER TO COMPLAINT WAYNE L. ULSH, DEFENDANT FILED BY DEFENDANT 1. PLAINTIFF ASKS FOR JUDGMENT IN THE AMOUNT OF $51,535.02, which is itemized in paragraph 7 of the complaint. DEFENDANT takes exception to the request for interest and late charges thru 2/1/05, which as of the date hereof are not yet earned, DEFENDANT asks for an analysis of the negative escrow and the collE~ction fee. Respectfully submitted, December 20, 2004 ~)u I- wi. .I.IIIVIIIIULlVII IhV.,LI.....U I~ LI.........,II........ '&.,111.1"-"..... UU' 1If.,/t. ~U(JIU'If......'-y. rw -.I ( ....., ' --~ , , .'- \. .,~) .' .c_:.-', , " .\ r... -\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff CASE NO. 2004 - 5660 CIVIL DIVISION v. TYPE OF PLEADING: IMPORT Al'l"T NOTICE WAYNE 1.. ULSH, Defendant FILED ON BEHALF OF: Plaintiff, Northwest Savings Bank COUNSEL OF RECORD FOR THIS PARTY: Kurt 1.. Sundberg, Esq. Pa. Supreme Court LD. No. 56844 Marsh Spaedler Baur Spaeder & Schaaf, LLP Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 TO: Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 Date of Notice: December 28, 2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 FOR1E 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By -'7 }0' Kurt L. Sundberg ~ Attorneys for Plaint! f Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Impo:rtant Notice was mailed by first class mail, postage prepaid, or hand delivered this 28th day of December, 2004, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 MARSH SP AEDER BAIDl SP AEDER & SCHAAF, LLP By ;;~ y~ ' ,0__ ...;.... (f! ,f' ~C --. .- ~t~ -2 :2 ..... o ~~~ -- ........ r-.:> = = c..n L.. > :z: I W ~ :?-:n rl1r :gmt: 1-'") _ .~ .., ~ -'.~ :rJ Q(J <) 1"l1 ~~l -,. '5:.1 :< ~ --:-"" '-R C.n o SHERIFF'S RETURN - REGULAR CASE NO: 2004-05660 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTHWEST SAVINGS BANK VS ULSH WAYNE L 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 ULSH WAYNE L the DEFENDANT , at 1930:00 HOURS/ on the 1st day of December / 2004 at 36 EAST MAIN STREET PLAINFIELD/ PA 17081 by handing to WAYNE ULSH a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.44 .00 10.00 .00 32.44 So Answers: ~a,~.,:~,,//~ ,r/r ~:,f,.""'~~,':"" ".:' -,' ,r,' ,'" ' - "J" ~ R. Thomas Kline 12/02/2004 MARSH SPAEDER BAUR SPAEDER SCH me this (.,!!:; day of Sworn and Subscribed to before By: (~)?';"-4 JfhJ5' A.D. C ;It:~th~O?:#h-> > ~ I NORTHWEST SAVINGS BANK Successor-in-interest to FIRST UNITED MORTGAGE SERVICES,: INC., Plaintiff vs. WAYNE L. ULSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5660 CIVIL IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER. J.J. ORDER AND NOW, this /3' day of May, 2005, following argument thereon, the motion of Northwest Savings Bank for summary judgment is GRANTED and judgment is entered in its favor and against the defendant in the amount of $5 J ,535.02 plus interest thereon at the rate of 7.875 percent per annum from February 1,2005 to the date of judgment, plus costs of suit, sheriffs sale and foreclosure and sale of the mortgaged property, commonly known as 36 East Main Street, Plainfield, Pennsylvania. .,.Kurt L. Sundberg, Esquire vA'ndrew M. Schmidt, Esquire vfu,nald L. Finck, Esquire For the Plaintiff ) ...--wayne L. Ulsh, Pro Se Defendant BY THE COURT, , /lJ ill,.' 1'\ .'" I '. ~ '."({j Stj :S ;::d 1=:1 I \:1J Cf!\i7 1\ ",.j "'".;'.> :10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff CASE NO. 2004 - 5660 CIVIL DIVISION v. TYPE OF PLEADING: PRAECIPE TO ENTER ORDER AND JUDGMENT WAYNE L. ULSH, Defendant FILED ON BEHALF OF: Plaintiff, Northwest Savings Bank COUNSEL OF RECORD FOR TillS PARTY: Kurt L. Sundberg, Esq. Pa. Supreme Court 1.0. No. 56844 Marsh Spaeder Baur Spaeder & Schaaf, LLP Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 PRAECIPE TO ENTER ORDER AND JUDGMENT TO THE PROTHONOTARY: Please enter the attached Order of May 13, 2005 and judgment in favor of the plaintiffin the amount of$51,535.02, plus interest thereon at the rate of7.875% per annum from February 1,2005 to the date of judgment, plus costs of suit, Sheriffs Sale and foreclosure and sale ofthe mortgaged property commonly known as 36 East Main Street, Plainfield, Pennsylvania, on the docket in the above-referenced case. Respectfully submitted, MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP /~. j By KU~:. Sun erg Attorneys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK Successor-in-interest to FIRST UNITED MORTGAGE SERVICES,: INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff NO. 04-5660 CIVIL vs. WAYNE L. ULSH, Defendant IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER, J.J. ORDER AND NOW, this I:J' day of May, 2005, following argument thereon, the motion of Northwest Savings Bank for summary judgment is GRANTED and judgment is entered in its favor and against the defendant in the amount of $51,535.02 plus interest thereon at the rate of 7.875 percent per annum from February 1,2005 to the date of judgment, plus costs of suit, sheriff s sale and foreclosure and sale of the mortgaged property, commonly known as 36 East Main Street, Plainfield, Pennsylvania. BY THE COURT, Kurt L. Sundberg, Esquire Andrew M. Schmidt, Esquire Ronald L. Finck, Esquire For the Plaintiff . /lJ Wayne L. Ulsh, Pro Se Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE 1. ULSH, Defendant NO. 2004 - 5660 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to Enter Order and Judgment was mailed by first class mail, postage prepaid, or hand delivered this r& ~y of June, 2005, to all counsel of record and unrepresented parties in the above-captioned matter as follows: Wayne 1. Ulsh 36 East Main Street Plainfield, P A 17081 MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By (; )~ Kurt 1. Suj'idberg ( Suite 3001300 State Street Erie, Pennsylvania 16507 (814) 456-5301 ;t::, ("- coo> F J ~ " -:l .. ~ <::> <J.... '" -P ~ lLo 2 '01) r } ~ (") ...., ~~ 2; 0 :--. ~ -'11 '- S~ N C) -i w-n lr-~ ;gtj s~~~ (~} :-r::::::.; '-:;~: (") (5 in > :u .< =.~ U1 Ul IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue a writ of execution in the above matter: Principal balance Negative escrow Interest to 12/07/05, Date of Sheriffs Sale Late charges to 12/07/05, Date ofSherifI's Sale Collection Fee TOTAL $41,325.35 3,058.97 7,485.05 333.06 4.950.00 $57,152.43 Plus all costs of any nature or kind, and foreclosure and Sheriffs sale of the Property commonly known as 36 East Main Street, Plainfield, Pennsylvania, and bearing Cumberland County Tax Parcel No. 46-18-1394-105 and more particularly described in Exhibit "A" attached hereto. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By ~~ /;:;--J I // Kurt'L. Surtlfuerg Attorneys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 Prothonotary #_ 7eJ ~ r- ~ f '-- ~ -Q.~ -'s. (:) .~ """- '- ~- 1f 1. '- <: '" .<0 0 () .l::: V) C' ~ ~ ~ (") "', :::-..:::> <> ~ 0 c 0 c: c;;:;;:> c..... --- ~ I en. t I I , '-::u ,~_. ~ D ~ ~ rf} (':)p.:::. N f'>. , , "' , D - r , , "' "' ~ +- ..... 0 -........c:: "' , ~ tt; ~ --,.~ U - , - ~\Hl. w r,) l 0::> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE 1. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cwnberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract NO.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line of land now or formerly of Harper Ken; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer of land now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofland formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 1 30 feet, more or less, to a point at the southeastern corner of Tract No.1 hereinabove described; thence along the eastern line of said Tract No.1 hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree AWaIding Real Estate ofJohn L. U1sh, alk!a J. Lee Dish, dated June 21,1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By Ku L. SUI! erg A omeys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT "A" 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-5660 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK, SUCCESSOR-IN- INTEREST TO FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff (s) From WAYNE L. ULSH (I) You are directed to levy upon the property of the defendant (,)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 $41,325.35 L.L. $.50 Interest TO 12/7/05, DATE OF SHERIFF'S SALE - $7,485.05 Atty's Comm % Due Prothy $1.00 Ally Paid Other Costs LATE CHARGES TO 12/7/05, DATE OF SHERIFF'S SALE - $333.06 -- COLLECTION FEE - $4,950.00 -- NEGATIVE ESCROW - $3,058.97 Plaintiff Paid Date: JUNE 27, 2005 (Seal) CURTIS R. LONG Prothonot"5 ~ ~: L-(d(lr->. 0 9. / L.r:./l/l./.Y~ Deputy REQUESTING PARTY: Name KURT L. SUNDBERG, ESQUIRE Address: MARSH SP AEDER BAUR SP AEDER & SCHAAF LLP SUITE 300, 300 STATE STREET ERIE, PA 16507 Attorney for: PLAINTIFF Telephone: 814-456-5301 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE 1. ULSH, Defendant NO. 2004 - 5660 AFFIDAVIT OF MILITARY SERVICE The undersigned, being duly sworn according to law, deposes and says that the defendant in the above entitled case is not engaged in the military service of the United States of America, and that the last known address of the defendant is: Wayne 1. DIsh 36 East Main Street Plainfield, PA 17081 /~ /K~rt 1. dberg, Esq. Sworn to ap~bed before me this Rd~y 0/ June, 5. Notary IC COMM NWE TH Of P S Notatial Seal Sri", D. ~ NOIIly Public City.r Erie. Erie Cowoty My C........... &p;m Apr. 30. 2007 ,...> 0 C-;J CJ ~n c..:' c_ :;,~ r--' ....J \,.. C:"? =2 N CD .k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE 1. ULSH. Defendant NO. 2004 - 5660 NOTICE TO JUDGMENT DEBTOR The attached paper is a Writ of Execution. 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 rights to prevent your property from being taken. A lawyer can advise you more specifically ofthese rights. If you wish to exercise your rights, you must act promptly. You, as a debtor, are herewith informed that you may file a Motion to Open or Strike the Judgment upon which this Writ of Execution to sell your property has been issued. This you may do under the Pennsylvania Rules of Civil Procedure by going to your lawyer at once. You are hereby further informed of your right to set aside the sale of your property for a grossly inadequate price in accordance with Pennsylvania Rule of Civil Procedure 3132, which must be done before delivery of the Sheriffs Deed to the real property after the Sheriffs Sale. In order to file this petition, you should take this document to your lawyer immediately. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 I ' /"."'/ ~ 4' .. , . , j, Kurt 1.,sundbefg, Esq. Attorney for Plaintiff NOTE TO SHERIFF: The foregoing Notice must be served with each Writ of Execution for Sale of Real Estate. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract NO.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet. more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer ofland now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofland formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No. I hereinabove described; thence along the eastern line of said Tract No. I hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree Awarding Real Estate ofJohn 1. Ulsh, a/k/a J. Lee Ulsh, dated June 21, 1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SPAEDER BAUR SPAEDER & SCHAAF,LLP /, By ;f~ Kurt 1. Sundberg Attorilys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT" A" 2 n ....' 0 c,:> c:: = -(I GJ'l "." .-~ i'1~p !-I'; 1'.') ,-", Y -' CO) , , w , .l" (~) ,~ N :..2 CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 AFFIDA VIr PURSUANT TO RULE 3129.1 Northwest Savings Bank, plaintiff in the above action, by its undersigned attorney-in-fact, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property described in Exhibit "A" and attached hereto: 1. Name and address of owner(s) or reputed owner(s): Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 2. Name and address of defendants in the judgment: Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None 4. Name and address of the last recorded holder of every mortgage of record: Northwest Savings Bank (Plaintiff) 121 West 26th Street Erie. PA 16508 Record Book 1458, Page 945 Orrstown Bank Attn: Branch Manager 22 South Hanover Street Carlisle. P A 17013 Record Book 1653, Page 672 Orrstown Bank Attn: Executive Officer 3580 Orrstown Road Orrstown, P A 17244 Record Book 1653, Page 672 5. Name and address of every other person who has any record lien on their property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103-3387 Cumberland County Domestic Relations Office 13 N. Hanover Street Carlisle, P A 17013 2 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. NORTHWEST SAVINGS BANK Dated: IF!J 6'1 By J ?" K",tL. S~~ E,q Attorney-in- act Suite 300, 300 State Street Erie, PA 16507 (814) 456-5301 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNEL. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern corner of land now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofland formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern corner of Tract No. I hereinabove described; thence along the eastern line of said Tract No.1 hereinabove described, North 12 degrees 30 minutes East a distance ofl76. 7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree Awarding Real Estate ofJohn L. Dish, a/kI a J. Lee DIsh, dated June 21,1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP ;> By Kurt 1/ Sund , g Attojheys ~ laintiff Suite 300. 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT" A" 2 () ,"" r""-,) '= ~ c..n u ., .'-1 FTie:~ , , C? (~) -,~ r.o' _J " (..0 C) 0:-I-T1 c....... i )~ .--!. "-<, f'''.,) CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: Wayne L. Ulsh 36 East Main Street Plainfield, P A 17081 Your house and lot (real estate) at 36 East Main Street, Plainfield, Pennsylvania, is scheduled to be sold at Sheriff Sale on December 7, 2005 at 10:00 a.m. prevailing time at the Sheriffs Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387, to enforce the Court judgment of $57, 152.43 obtained by Northwest Savings Bank against you. NOTICE OF OWNER'S RIGHTS You may be able to prevent this Sheriff Sale. To prevent this Sheriff Sale, you must take immediate action: 1. The sale will be canceled if you pay the amount of back payments, late charges, court costs and reasonable attorney fees. To find out how much you must pay, you may call Northwest Savings Bank, 121 West 26th Street, Erie, Pennsylvania 16508, telephone (814) 452-6465. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the better chance you will have of stopping the sale. You may still be able to save your property and you have otber rights even if the Sherifrs Sale does take place. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriffs Office, Cumberland County Courthouse, (717) 240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office, Cumberland County Courthouse, (717) 420-6390. 4. Ifthe amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 6. You may be entitled to a share of the money which was paid for your house and real estate. A schedule of distribution of the money bid for your house and real estate will be filed by the Sheriff of Cumberland County on a date specified by the sheriff not later than thirty (30) days after the sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days (10) after the filing of the schedule. 7 . You may also have other rights and defenses, or ways of getting your house back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By ~ ) Kmyi. Sun rig Atlom"" ~ Phi,"ff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 If 1).07 Dated: ~ 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a point at the northwestern corner of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west of land fonnerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property fonnerly of Bertie Elliott; thence along line of said land now or fonnerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or fonnerly of Harper Kell; thence along the eastern line of said land now or fonnerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern corner of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern corner of land now or fonnerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofland fonnerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or fonnerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or fonnerly of Bertie Elliott; thence along line of said land now or fonnerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No. I hereinabove described; thence along the eastern line of said Tract No. I hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree Awarding Real Estate of John 1. DIsh, aikla J. Lee DIsh, dated June 21,1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP ., By ~. (i Kurt iii. Sun 'rg Attotlleys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT "A" 2 "., <..-;::) ,~ L.;"l o ., ---1 X-n 1n;,:,:;::' .'c.r[q ,~:J C;:1 ,-".'...l... , , I'j -.j :0 (...) :~; rf~ ':::j }-,.. f"-,) 0;) :< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 NOTICE OF SHERIFF SALE TO DEFENDANTS, OWNERS, LIENHOLDERS AND PERSONS HAVING AN INTEREST IN THE PROPERTY PURSUANT TO RULE 3129.2 OF THE PENNSYL VANIA RULES OF CIVIL PROCEDURE TO: Defendants, Owners, Lienholders and Persons Having an Interest in the Property: PLEASE TAKE NOTICE that by virtue of Writ of Execution, being Execution No. 5660 of 2004, issued by the Court of Common Pleas of Cumberland County, Pennsylvania, on judgment entered in the above-titled case on June ll, 2005, in favor of Northwest Savings Bank, all that certain parcel ofland and building(s) andlor improvement(s) thereon in the Village of Plainfield, Township of West Pennboro, County of Cumberland and Commonwealth of Pennsylvania, commonly known as 36 East Main Street, Plainfield, Pennsylvania, and bearing Cumberland County Tax Parcel No. 46-18-1394-105, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, will be sold by the Sheriff of Cumberland County, at the Cumberland County Courthouse on December 7, 2005 at 10:00 a.m. prevailing time. The name of the owner of said property is: Wayne L. Dish. All parties in interest, including yourself and claimant, are further notified that a schedule of distribution will be on file in the Cumberland County Sheriff's Office on a date specified by the Sheriff not later than thirty (30) days after the date of sale of said property and that distribution of the proceeds will be made in accordance with the scheduled distribution, unless exceptions are filed with the Sheriff's Office within ten (l 0) days after said filing. If the money is not paid immediately after the property is struck off, it will be put up again and sold and the purchaser held responsible for any loss, and in no case will a deed be delivered until the money is paid. You and each of you have until one (l) hour before the commencement of bidding at the Sheriff's sale to pay all of the current indebtedness, costs and reasonable fees if you wish to stop the Sheriff's sale of this property, otherwise, the same shall proceed in accordance with law. You may petition the Court at any time prior to Sheriff Sale to stay this sale. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By /~ KUrt L. S/~dberg Attome;s for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 Dated: (~~ i3~o{ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield , at the northwestern comer ofland now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofIand formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No. I hereinabove described; thence along the eastern line of said Tract No. I hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree Awarding Real Estate of John 1. Dish, aJk/a J. Lee Dish, dated June 21,1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLP By ;:'7 ~/ ./ . V Kurt LiSundb g Attogleys for Plaintiff Suit6 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT" A" 2 () t"--., 0 c..;> C ~;) -n CJ"1 (- --, fTi FTI re-: ", ~, v -J , ~-? " ( j, S^? r,) CO The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5660 Civil Term Northwest Savings Bank, successor In interest to First United Mortgage Services, Inc. VS Wayne 1. Ulsh Cpl. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on September 12,2005 at 8:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Wayne 1. Ulsh, by making known unto Wayne 1. Ulsh, personally, at 36 East Main Street, Plainfield, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kurt Sundberg. Sheriff's Costs: Docketing Poundage Advertising Levy Mileage Surcharge Law Library Prothonotary Share of Bills Law Journal 30.00 7.21 30.00 30.00 4.96 30.00 .50 1.00 20.89 213.00 $367.56 Sworn and subscribed to before me 2005, A.D. So_~s~s p R .,"?'~7'e....<'~ R. Thomas Kline, Sheriff · ,-{) , :v \, ':J'/., ",'j 71 6~. 110l'32-- ... . . t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 AFFIDAVIT PURSUANT TO RULE 3129.1 Northwest Savings Bank, plaintiff in the above action, by its undersigned attorney-in-fact, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property described in Exhibit "A" and attached hereto: 1. Name and address of owner(s) or reputed owner(s): Wayne L. Ulsh 36 East Main Street Plainfield, PA 17081 2. Name and address of defendants in the judgment: Wayne L. Ulsh 36 East Main Street Plainfield, PA 17081 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None . . 4. Name and address of the last recorded holder of every mortgage of record: Northwest Savings Bank (Plaintiff) 121 West 26th Street Erie, P A 16508 Record Book 1458, Page 945 Orrstown Bank Attn: Branch Manager 22 South Hanover Street Carlisle, PA 17013 Record Book 1653, Page 672 Orrstown Bank Attn: Executive Officer 3580 Orrstown Road Orrstown, P A 17244 Record Book 1653, Page 672 5. Name and address of every other person who has any record lien on their property: None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, P A 171 03-3387 Cumberland County Domestic Relations Office 13 N. Hanover Street Carlisle, P A 17013 2 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. NORTHWEST SAVINGS BANK "l Dated: IF (J 6) By Kurt . Sun rg, Esq. Attorney-in- act Suite 300, 300 State Street Erie, PA 16507 (814) 456-5301 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SA VTNGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO.1: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 64 I, which is also known as Main Street in the Village of Plainfield, which point at the Place of Beginning is 232 feet west ofland fonnerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Beginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property fonnerly of Bertie Elliott; thence along line of said land now or fonnerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or fonnerly of Harper Kell; thence along the eastern line of said land now or fonnerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract No.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer ofland now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west of land formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or fonnerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet to a point in the line ofland now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of 130 feet, more or less, to a point at the southeastern comer of Tract No.1 hereinabove described; thence along the eastern line of said Tract No.1 hereinabove described, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree A warding Real Estate of John L. Ulsh, alk/a J. Lee Ulsh, dated June 21, 1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SPAEDERBAURSPAEDER& SCHAAF,Ll.l' ., By Kurt If. S und g AttOrheys fi laintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT" A" 2 ~ . "- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE 1. ULSH, Defendant NO. 2004 - 5660 NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: Wayne 1. Ulsh 36 East Main Street Plainfield, P A 17081 Your house and lot (real estate) at 36 East Main Street, Plainfield, Pennsylvania, is scheduled to be sold at Sheriff Sale on December 7,2005 at 10:00 a.m. prevailing time at the Sheriff's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387, to enforce the Court judgment of$57,152.43 obtained by Northwest Savings Bank against you. NOTICE OF OWNER'S RIGHTS You may be able to prevent this Sheriff Sale. To prevent this Sheriff Sale, you must take immediate action: 1. The sale will be canceled if you pay the amount of back payments, late charges, court costs and reasonable attorney fees. To find out how much you must pay, you may call Northwest Savings Bank, 121 West 26th Street, Erie, Pennsylvania 16508, telephone (814) 452-6465. , t 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the better chance you will have of stopping the sale. You may still be able to save your property and you have other rights even if the Sheriffs Sale does take place. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling the Sheriffs Office, Cumberland County Courthouse, (717) 240-6390. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only ifthe buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriffs Office, Cumberland County Courthouse, (717) 420-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 2 J 6. You may be entitled to a share ofthe money which was paid for your house and real estate. A schedule of distribution of the money bid for your house and real estate will be filed by the Sheriff of Cumberland County on a date specified by the sheriff not later than thirty (30) days after the sale and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten days (10) after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your house back if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 MARSH SPAEDER BAUR SPAEDER & SCHAAF, LLP '7 By / Ku . Sun g Attorneys or Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 if I)' 0';1 Dated: IL' 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, successor-in-interest to FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff v. WAYNE L. ULSH, Defendant NO. 2004 - 5660 DESCRIPTION OF PROPERTY ALL THOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: TRACT NO. I: BEGINNING at a point at the northwestern comer of Tract No.2 hereinafter described which is a point in the centerlinc of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village ofPlainficld, which point at the Place of Beginning is 232 feet west ofland fonncrly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Bcginning along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of75 feet to a point in line ofland now or formerly of Harper Kell; thence along the eastern line of said land now or formerly of Harper Kell, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 75 feet to a point at the northwestern comer of Tract NO.2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield, at the northwestern comer of land now or formerly of Robert Yinger, and which point at the Place of Beginning is 100 feet west ofIand formerly of Allen W. Shatto and later ofR. Smith Reese; thence from said point at the Place of Beginning along the western line of said land now or formerly of Robert Yinger, South 12 degrees 30 minutes West a distance of 176.7 feet (0 a point in the line ofIand now or formerly of Bertie Elliott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a distance of I 30 feet, more or less, to a point at the southeastern comer of Tract No. I hereinabove described; thence along the eastern linc of said Tract No. I hereinabove described, North 12 degrees 30 minutes East a distance of I 76.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in Decree Awarding Real Estate of John L. Ulsh, a/kIa 1. Lee UIsh, dated June 21, 1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002. MARSH SP AEDER BAUR SP AEDER & SCHAAF, LLI' By Kurt . Sun rg Au eys for Plaintiff Suite 300, 300 State Street Erie, Pennsylvania 16507 (814) 456-5301 EXHIBIT "A" 2 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-5660 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK, SUCCESSOR-IN- INTEREST TO FIRST UNITED MORTGAGE SERVICES, INC., Plaintiff (s) From WAYNE L. ULSH (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined ITom paying any debt to or for the account of the defendant (s) and ITom delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $41,325.35 L.L. $.50 Interest TO 12/7/05, DATE OF SHERIFF'S SALE - $7,485.05 Atty's Comm % Due Prothy $1.00 Atty Paidl I ['-\.4'-\ Other Costs LATE CHARGES TO 12/7/05, DATE OF SHERIFF'S SALE - $333.06 -- COLLECTION FEE - $4,950.00 -- NEGATIVE ESCROW - $3,058.97 Plaintiff Paid Date: JUNE 27, 2005 CURTIS R. LONG (Seal) Protho:i --BY. 0.--. ,,"P. 7?2-a./2/l., / Deputy REQUESTING PARTY: Name KURT L. SUNDBERG, ESQUIRE Address: MARSH SPAEDER BAUR SPAEDER & SCHAAF LLP SUITE 300, 300 STATE STREET ERIE, PA 16507 Attorney for: PLAINTIFF Telephone: 814-456-5301 Supreme Court ID No. Real Estate Sale # 18 On September 01, 2005 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 36 East Main Street, Plainfield, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01,2005 By:JOc1{ 5V}1.a~Ll Real Estate Sergeant ~ ~ ~ <:"5""0 {f~ b 1] :b 'if bZ Nnr ~OOl J,}. ',: I " ., I ,'-' 1\_>.1 J: l' ..J>" .i:lI(J3HS :,:iJiO~:jl1.;i:: . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 14,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. TO AND SUBSCRIBED before me this day of October, 2005 L SEAL LOIS E. SNYDER, NOlary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 18 Writ No. 2004-5660 Civil Northwest Savings Bank. successor in interest to First United Mortgage Senrlces. Inc. vs. Wayne L. UIsh Atty.: Kurt Sundberg EXHIBIT "A" DESCRIPTION OF PROPERTY ALL mOSE TWO certain tracts of land situate in the Village of Plainfield in West Pennsboro Town- ship. Cumberland County, Pennsyl- vania, more particularly bounded and described as follows: TRACT NO. I: BEGINNING at a point at the northwestern comer of Tract No. 2 hereinafter described which is a point in the centerline of the State Highway leading from the Borough of Carlisle to Newville known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield. which point at the Place of Beginning is 232 feet west of land formerly of Allen W. Shatto and later of R. Smtth Reese; thence from said point at the Place of Begirming along the western line of Tract No.2 hereinafter described, South 12 degrees 30 minutes West a distance of 176.7 feet to line of property fonnerly of Bertie EIHott; thence along line of said land now or formerly of Bertie Elliott, North 77 degrees 30 minutes West a dis- tance of 75 feet to a point in line of land now or fonnerly of Harper Kell; thence along the eastern line of said land now or fonnerly of Harper KeU, North 12 degrees 30 minutes East a distance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 degrees 30 minutes East a dis- tance of 75 feet to a point at the northwestern comer of Tract No. 2 hereinafter described at the Place of BEGINNING. TRACT NO.2: BEGINNING at a point in the centerline of the State Highway lead- ing from the Borough of Carlisle to Newville, known as Pennsylvania Route No. 641, which is also known as Main Street in the Village of Plainfield. at the northwestern cor- ner of land now or formerly of Rob- ert Yinger, and which point at the Place of Beginning is 100 feet west of land formerly of Allen W. Shatto and later of R. Smith Reese; thence from said point at the Place of Be- ginning along the western line of said land now or formerly of Robert. Yinger, South 12 degrees 30 min- utes West a distance of 176.7 feet to a point in the line of land now or formerly of Bertie Elliott; thence along line of said land now or for- merly of Bertie Elliott, North 77 de- grees 30 minutes West a distance of 130 feet. more or less, to a point at the southeastern comer of Tract No.1 hereinabove described; thence along the eastern line of said Tract No, 1 hereinabove described. North 12 degrees 30 minutes East a dis- tance of 176.7 feet, more or less, to a point in the centerline of said State Highway now known as Main Street; thence along the centerline of said Main Street, South 77 de- grees 30 minutes East a distance of 132 feet, more or less, to a point at the Place of BEGINNING. Being the same property in De- cree Awarding Real Estate of John L. U1sh. a/k/a J. Lee U1sh. dated June 21, 1995 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 123, at Page 1002.