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Home My WebLink About05-5777 WENTZ WEAVER KLING Goon & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attomey I. D. #34393 132 West Main Street NewHolland,PA 17557 (717) 354-4456 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served upon you, by entering a written appearance personally (or by attorney) and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court, without further notice, for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A (717) 249-3166 (800) 990-9108 No.OS - S7~7 (!iu~L/Se..~ COMPLAINT NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias depIazo al partir de la fecha de la demanda y la notijjcacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y arChlVar en la corte en forma escnta sus aefensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualC]uier queja 0 alivio que es pedido en la peticion de demanaa. U sted puede perder dinero 0 sus propiedades 0 otros derechos lmportantes para usled. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO" VAYA EN PERSONA 0 LLAME POR TELtFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A (717) 249-3166 (800) 990-9108 -1- Community Banks v. Ernest E. & Laurie A. Bolton No. COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, Bradford J. Harris, Esquire, of Wentz Weaver Kling Good & Harris, LLP, and complains in mortgage foreclosure against Defendants as follows: Parties I. The Plaintiff is the Federal National Mortgage Association, a corporate body established by an Act of Congress of the United States of America pursuant to the provisions of 12 U.S.c. S 1717, as amended, having offices in Washington, D.C., and offices for the purpose of doing business in Pennsylvania at 1900 Market Street, Suite 800, Philadelphia, PA 19103 and servicing offices at 2 Galleria Tower, 13455 Noel Road, Suite 600, Dallas, TX 75240. 2. The Defendants are Ernest E. Bolton and Laurie A. Bolton, who are and were husband and wife at all times relevant hereto and are adult individuals last known to be residing in the Mortgaged Premises at 40 N. Enola Drive Enola, P A 17025-2515, and they are the mortgagors and real owners of said Mortgaged Premises described herein, having acquired title by deed dated on or about February 8, 1979 and recorded on or about March 20, 1979 in the Cumberland County, Pennsylvania, Recorder's Office in Record Book I, Volume 28, Page 333 et seq., which deed is incorporated herein by reference. 3. Defendants are not persons in the military service ofthe United States of America within the meaning of, nor engaged in any way that this action would be prohibited by, the Soldiers' and Sailors' Civil Relief Act of 1940, Act of October 17,1940, ch. 888, S 1 et seq. (50 U.S.C. Appx. SS 501 et seq.), as amended. Mortgage 4. On or about August 3, 1993, Defendants made, executed, and delivered to Blue Ball National Bank, now by merger known as Community Banks, a Note and Mortgage, which Mortgage contains a description of the Mortgaged Premises subj ect to said Mortgage and was recorded on or about August 10, 1993 in the Cumberland County, Pennsylvania, Recorder's Office to Book 1156, page 436 et seq. Said Mortgage and Note are incorporated herein by reference, along with the true and correct copies of same that are attached hereto as "Exhibit A". Mortgage Assignments 5. On or about August 25, 1993, Blue Ball National Bank, now by merger known as Community Banks, assigned said Mortgage and Note in writing to Plaintiff, which Assignment was recorded on or about August 29, 2000 in the Cumberland County, Pennsylvania, Recorder's Office to Book 653, page 675 et seq. Said Assignment is incorporated herein by reference, along with the true and correct copy of same that is attached hereto as "Exhibit B". -2- Community Banks v. Ernest E. & Laurie A. Bolton No. 6. Except as otherwise described herein above, there have been no further assignments of said Mortgage. Description of Land Subject to Mortgage and this Action 7. A description ofthe land subject to said Mortgage and being foreclosed upon pursuant to this action is attached hereto as "Exhibit C" and incorporated herein by reference. Defaults 8. Said Mortgage and Note are in default because Defendants did not make the required monthly payments of principal, interest, taxes, insurance, and late charges to Plaintiff, or its hereinabove-described predecessor, in the amount of$529.44 for each ofthe months of August 2005 through the date of filing ofthis Complaint. 9. By reason of said defaults, Plaintiff hereby exercises its option to declare the entire amount owing upon said Mortgage and Note immediately due and payable in accordance with their terms and provisions. 10. By reason of said defaults and acceleration, the following amounts are due in accordance with the terms of said Mortgage: Unpaid principal balance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25,178.31 Interest balance at 7.0% per annum ($4.82871 per diem) thru 10/19/05 . .. 674.39 Late charges balance at $17.44 per month thru 10/05 .................191.84 Escrow charges balance of $163.11 per month thru 10/05 ............. 779.79 Miscellaneous expenses (inspections, appraisals, title searches, etc.) . . . .. 450.00 Attorney fee* 2727.43 TOTAL AMOUNT DUE. . . . . . . . . . . . $30,001.76 . The attorney fee stated above represents the amount through the completion of this action and execution therein. If Defendant desires to reinstate (assuming that Defendant has the right to reinstate) or pay the Notc and Mortgage in full at any time in accordance with applicable law and said documents, the actual attorney fee amount that must be paid at that time may be less than the amount stated above, and the actual amount then due may be obtained by contacting Plaintiff's undersigned attorneys at the address and phone number enumerated below. Compliance with Homeowners' Emergency Assistance Act -3- Community Banks v. Ernest E. & Laurie A. Bolton No. ] 1. Notice of rights under Pennsylvania's Homeowners' Emergency Assistance Act, Act of December 23, ]983, P.L. 385, NO.9] (35 P.S. 99 ]680.40]c et seq.), as amended, was sent in accordance with said Act to each Defendant. A true and correct copy of each said Notice and denial is attached hereto as "Exhibit C" and incorporated herein by reference. WHEREFORE, Plaintiff respectfully requests the Court to enter an in rem judgment in its favor and against Defendants in the amount of$30,001.76, together with interest thereon until paid at the rate of7.00% per annum ($4.8287] per diem) from 10/20/05, late charges at $] 7.44 per month from] 1/05, escrow payments of $]63.]] per month from] 1/05; attorney fees of ]0% of the foregoing accruing amounts, and for all other interest, late charges, attorney fees, costs, and charges collectable under said Mortgage and Note; and for any and all other relief as the Court deems appropriate. WENTZ WEAVER KLING Go D & HARRIS, LLP By: Br arris (J.D. No. 34393) Aft ney fi Plaintiff 132 West Main Street NewHolland,PA ]7557 (7] 7) 354-4456 -4- VERIFICATION We verifY that the statements made in the foregoing document are true and correct to the best of our knowledge, information, or belief. I verifY that I am the Vice President, Collections Manager of Community Banks , and that as such, I am authorized to make this verification on behalf of said party. We understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. llite: Novanter 3, 2CXJ5 CO~ BANI~:S r-I-_'L ..' ',,'1 /L_ . 1-/71 ,r--j"[/--- L-----. By: /,../ Georgia Bear VP, Collections Manager - .. . . . ROHRT P. ZIECLER RECORDER OF DEEDS CUMBERLANDCDUNTT-PA '93 RUG 10 Pl'l Z 09 {S~AbovtlThho.UnefOl'~ta\.} LO~ NO. 5038~39 ~()llT<;~<;~ TInS MORTGAGE ("Security 1:nstrwneD.t") is given on AUGUST 3 Th~ mortgagor is ERNEST E.. SOLTON AND LAURIE A. BOLTON , 1993 ("Borrower"). This Security InJtrument is given to BLtfB BALL NATIONAL BANlC, , which i. organized and existing under the laws of THE tJNITED STATES . and whose. ~d~i, 854 w. XA~N ST., NEW BOLLAND, l?A ~7SS7 ('Leader"). Borrower owes Lcoder the principal sum of POll.'l'Y-P:IVII THOUSAND AND OO/~OO 0011.... (U.S. $ 45,000.. 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument eNoto"), which provides for monthly paymcnta, with tM full debt. ifnof. paid earlier. due and payable on SEPTEMBER 1, 2013 . This Security lnBt:twnent .ecUre8 to I...cnder: (a) the repayment of the debt eviden.ced by the Notc:l, with interest. and aU renewals, extensions and modifications of the. Note; (b) the payment of all other sums, with interest, advanced. under parasraph 7 to prol:ect the security of this Security Instru.tnent; and (e) the performance of Borrower's covenants and agreements under this Security Iostnuneat and the Note. f'or this purpose, Borrower docs hereby mortgage, grant and oonvey to I...e.nder the following dMCrlbed property located in CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED wbich bas the address of 40 N. IlNOLA DIl.:IVE !mOLA PePllB)'lv.ma ~702S-2S~5 [- ("Property Ad_s"); [c>v[ lZlp~J TOGBI'HBR WITH .n tho improvements now or hereafter erected "n the property, and aU easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall alBO be covered by thiB Security Instrument. All of the foregoing is referred to in thit Security I'nBtrument as the wProperty_ . BORROWER COVENANTS that Borrower is lawfully .ciscd of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property i. unencumbered.. except for eD.CUJ:Obrances of record.. Borrower wuranta and will defend generally the title to the Property against all claims and demands, aubject to any encumbrances of record. PENNSYLVANIA. Single Familv. F.nn. M..IFNddIeMiIG UNIFORM INSTRUMENT I C} otJII!".II'.L B.nldngFOIJl\I~ CD.. m.I800I44-e-SS!55 P.g.1 of e Inltl.I.:~~ ZI-'" FORTI 3039 8190 UFT '~03B 1191 BDOK1156 PACE 436 EXHIBIT 4 .... .. . TInS SE.cURITYINSTRUMENT CO~ uniform covenants for national use andnowform covenants with limited variations byjurisdic~ion to constitute a uniform s.ty instrument covering real property. . UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Intertst; Prepayment and Late Cb.ar&es. Borrower shall promptly pay when due the principal of and interest on the debt evidencM 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 arc duo under the Note, until the Note is paid in full, n sum eFunds.) for: (a) yearly taxes and assessments wbich may attain priority over this Sccurity Instrument u a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (e) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums. if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called -Escrow ltemsK. 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. C"RESPA-), unless another law that applies to the Funds sets a lesser amount. Usa, 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 estim.ates 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, instnuncntaIity, or entity (including Lender, if Lender is such an instimtion) 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 es!ate tax reporting service used by Lender in connection with this loan, unless applicable law provides other.vise. UnlC5s an agreement is made or applicable Jaw requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower aDd Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without Charge, an annu8I 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 arc pledged. as additionalsccurity 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, Londer may 110 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 orseU 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 tbis Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 5hall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last. to any late charges due under the Note. 4. Charges; Uens. Borrower shall pay all tJlXes, assessments, charget, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents. if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower sbal1 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: Ca) agrees in writing to the payment of the obligation secured by the lien in . 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 Cc) IiIec\lreI from the bolder of the lien an agreement aatisfactory 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 taIce one or more of the actions set forth above within 10 days of the giving of notice. S. 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'. 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 sball promptly give to Lender all receipts of paid Single F.mlty . F.nnle M../FNddia M.o UNIFORM INSTRUMENT ~ 7t'~ Rev. 9/90 P.ge 2 of 8 Initial t:P UFT V... 1/91 &"ooi 1156 PAcr "37 . - 't prCollUnlS itnd renewal notices. fu the: e_ of los5, Borrower sball give prompt notice ~ insurance carrier and Lender. Lender may make proof of loss if not made p~y by Borrower. .. 'Unless 'Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the rcatora.tion or rep* 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 inmrance proceeds sball be applied to the sums secured by this Security J:pstrumcnt, whether or not then due, with any excess pllid 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 lnstnlment, 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 sball not extend or postpone the due date of the monthly pa.yments referred to in paragmphs. 1 and '1 or chango tho amount of the payments. If llnder paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceedsrerulting ftom 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. BOlTOwer shall occupy, establish, and U!C tbe Property as Borrower's principal residence within sixty days after the execution of this Security lmitrumeot and shall continue to occupy the Property as Borrower's principal residence for at least one yeat after the date of occupancy> unless Lender otherwise agrees in writing, which consent ,Wl not be unrusonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. BotrOwer 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 creaIed by this Security wtrument or Lender's security interest. Borrower may cure such a default and reinstate, D provided in paragraph is, by uuaing the action or proceeding to be dismissed wilh a roUng that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the Hen created by this Seourity Inslnlment or Lender's security interest. Borrower shall also be in default if Borrower, durlng th~ loan. appli.ca.tion pro<:.e&s, ga.ve materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the Joan evidenced by 1110 Note, including, but not limited to, representations conccroing Borrower's occupancy of the Property as a principal residez1cc. If this Security Inslnlme.nt is on a leasehold, Borrower sball comply with all the provisions of the lease, If Borrower acquires fee title to the Property, the leasehold llI1d the fee title shall Dot merge unless under agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreement.! contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender', 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 noceasary to protoct the value of the Property and Lender's rights in the Property. Lender'lI actions UUlY include paying any sums secured by a lien which has priority over this Soc.urity Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action llIlder this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this para.gta.pb 7 maIl become additional debt of BorrowC1' seeUTed by this Security Instrument. Ull1css Borrower and Lender agree: to other tenns of payment, these amounts shaH 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 Insuranee. 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 reasOD, the mortgage insurance coverage required by Lender "lapses or eeasca to be in effect, Bonawer shall pay the premiums required to obtain coverage substantially equivalent 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 wbstantially 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 covorage lapsed or ceased to be in effect. Lender will accept, use and retain these paymants as _ loss reserve in lieu of mortgage insuranco. 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 availa.ble and is obt&in~. Borrower shall pa;y the prcmi'Ullli required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any writton 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 notico at the time of or prior to an inspection specifying reasonable cause for the inspection.. 10. Condemnation. The procecda 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 conveya.ncc in lieu of condemnation, are hereby allSigned and shall be paid to Lender. In the evont of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duo, with 8II)' excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Single F.mny. Fannie MHlF,.ddM M.o UNIFORM INSTRUMENT r -.Q /LA R_v, 9/90 P-aa 3 of 8 Inlt"'~ UFTVtr.1I1l1 rooK 1156 PACE 438 StlCurity Irislrument shall be reduced by ~unt of the proceeds multiplied by the fo~g fraction: (a) the total amount of the sums secured immediately before the~. divided by (b) the fair market value of th.operty immediately before the taking. ~y balanCe shall be paid to Borrower. In the event of a partial taking of the Property in wbich 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 other'oNise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then duo. 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 Dotice is given, Lender is authorit.ed 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 pro~ to principal shall not extend or postpone tbe due date of the monthly payments roferred 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 commence proceedings against any mccessor 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 sball not be a waiver of or preclude the exercise of any right or remedy. 12. SutteSSon and Assigns Bound; Jolot and Several Liabilityj Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the succcasors and assips of Lender and Borrowct, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instroment but does not execute the Note: <a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in tbe Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instnunent; 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', consent. 13. Loan Charges. If tho loan secured by this Security Instnnnent 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, tben: (a) any such loan charge shall be reduced by the amount necessary to reduce tho 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 undor the Note or by making a direct payment to Borrower. rf a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. AJJ.y 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 sball 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 dosignates by notice to Borrower. AJJ.y notice provided for in this Security Instroment shall be deemed to have been given to Borrower or Lender when given as provided in thia paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowers Copy. Borrower sball be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Benetleial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interost 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 al] 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 Instroment without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower &ball have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinstatement) before sale of tho 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: (.) pays Lender all sums which then would be due under this Security Instrument and the Note as ifno 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 tho 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 Sing" F.mily - F.nnl. M_/Fr.ddl. Mac UNIFORM INSTRUMENT rJ _ -!f'r~ Rev. 9/90 Pag. 4 of 6 InltJal.:t"\GX' ](L:P UI'T V.t. 1191 ROOK 115S PAGE 439 - as~if no ac'cel~tion had occurred-, Hoa' this right to reinstate shall not apply in th.e of acceleration under paragraph 17. .19. Sale of Note; Change of Loan eer. The Note or a partial interest in the N ogether 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 we of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice oftbe 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 sbould be made. The notice will also contain any other information r~uired by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or relca.!lc 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 .haIl not apply to the presence, use, or .torage 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 Properly. 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 HamrdoUB Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any govornmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Properly is nece$sary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, -Hazardous Substances. are those substances defined as toxic or hazardous substances by Environmental Law and the following rrubstances: glllJOline, 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. moans federal laws and laws of the jurisdiction where the Property is located that relate to health, ssfety or environmental protection. NON~UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall aive notiu: to Borrower prior to act.eIeration 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 thinp: (a) the default; (b) the action required to cure the default; (e) when the default must be curedj and (d) that faDure to cure the default as speclfied may result in acceleration of the SWIlS sec::ured by this Security Instrument, foreclosure by Judicial proceedin&': and sale of the Property. Lender shall further infonD. Borrower of the right to reinstate after aceeleration and the right to RSSert In the foreclosure proceeding the non-existenc.e 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 tull of aU swns secured by this Security Instrument without further demand and may foreclose this Security Imtrument by judicial proceedlDl. Lender shall be entitled to collect all expenses inc.urred in pursulna: the remedies provided in this paraaraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent pennitted by applicable law. 22. Release. Upon payment of all 8UtnS secured by this Security Instrument, this Security Instrument and the estate conveyed shan terminate and becomo 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 defec.ts in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future Jaws providing for stay of cxecution, extension of time, exemption from attachment, levy and sale, and hoIIleBtcad exemption. 24. Reinstatement Period. Borrower's timc. to reinstate provided in paragraph 18 .hall cxtend to one hour prior to the commencement of bidding at a sberiff'a sale or other sale pursuant to this Security wtrumcnt. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instntment is lent to Borrower to acquire title to the Property, thi. Security Instnunent shall be a purchase money mortgage. 26. Interest Rate After lud&ment. Borrower agrees that the interest rate payablc 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 Flmily - Fmlnle M../Fredd"M~ UNIFORM INSTRUMENT ~ ~ Banlclnll FDtrM Supplv Co., 1",,_ (BOOI44lS-IJOSS P.g. & Df 8 InltW . P Form 3038 9/90 UFT130391180 rooK115E PAGE 440 - . 24. . Riders to this Security ImtruAt. If one or more riders are executed by ~wer and recorded together with this. Security In.strome.nt, the covenant! and ~ts of each such rider shall be incorporat~o and shall amend and supplement the covenants ttnd" agteements of this Security Inslnlment as if the rider(s) Were A part of this Security Instrument. [Check applicable oox(eo)] o Adjustable Rate. Rider' o Graduated Payment Rider o Balloon Rider o Othcr(s) [specify] D Condominium Rider o Planned Unit Development Rider D Rate Improvement Rider D 14 Family Rider o Biweekly Payment Rider o Second Home Rider :BY SIGNING BEWW. Borrower accepts and agrees to the terms and covenants contAined in this Security Instrument and in my rider(s) executed by Bon'OWer and recorded with it. Witnesses: ~"I -z: Aa.- ST E. BOLTON Social Security Number 2 08 ~42 ~ 5441 ~'A,;I?.Y:.'# '<7L- LAORrE A. BOLTON Social Security Number ~ 74 -AAl';;Jl'" erdS46 (Seal) . y./-- \n~~ 'J;:V>' .6e......... (Soal) .BoltOwer (Soal) '&rr<>w., Social Security Number (Soal) ~~ Social Security Number [S...a.BelowThlou...ForAo_w"~J COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: ,19 93 ,before me the undersigned officer. personally appeared On this, the 3 RD day of AUGUST ERNEST E. BOLTON AND LAURrE A. BOLTON known to me (or satisfactorily proven) to be the person whose name THEY subscribed to the within instrument and acknowledged that THBY executed the same for the purposes herein. containod. IN WITNESS WHEREOF, I hereunto ~t my band and offioial seal. My CotnDlisaicm expires: ~~YJ'& t'l';:-;~f;''';<x.>i< ~'~i"'~"l(f.i'~~" ')0: .,";;'...;Z;;"';'- 't" ../:'.....~~:S-~,. -' "".: .""""~; ~.\ ',,~'t.~.~~:~~~~.~~ ....:9;:~....'iz,....J!:.~'...,. . i-' .....,..r~~''''..~ .~~...;,\~.. ~" ,f.' NOTARIAL SEAL HOllY F. KEllER. Nola~ Public Hampden Twp.. Cumberland County My Commission Expire' Ma:cn 15. 1997 PENNSYL V ANlA . Single F,.mlly . F.nn" MHlFradd. Mac UNIFORM INSTRUMENT ~Jl. .;.14. Banking ""~ Supply Co.. 11'1<I, [8001 4-411081155 P.IJ. 8: of 8 Inhl..c CP FlInn 30399/90 L1FTI3031l 1/91 8oDK115S PAGE 441 . NOTE .. LOAN NO. 5038139 AUGUST 3 , 19 93 NEW HOLLAND PA (Ckvl 40 N. ENOLA DRrvE ENOLA, PA 17025-2515 [l'I'opllltvAdd_l IS,.._, 1. BORROWER'S PROMISE TO PAY In return for a I.oan that 1 have received. 1 promise to pay V.S. $ ~principal~). pIn'! interest. to the order of the Lender. The Lender is Br.UB BALL NATl:ONAL B~, 45,000.00 (this amounl is called 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 paymentl!l under thi. Note i. called the -Note Holder-. 2. INTEREST Interest will Pe charged on unpaid principal until the full amount of principal hIlS been paid. 1 will pay interest at a yearly rate ~ 7.000 %. The interest rate required by this Section 2 is the rate I will pay both before and after a.ny default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and intcJ'est by making paymCll.l!J every month. J will make JDY monthly paymonbJ on tho 1S'1' day of each month beginning on OCTOBER 1 I 1993 . J will make thcaepayme2lueverymond1until I bave paid all oflhe principal and intereSt and any othcrchargesdescribe.d below that I may owe under this Note. My monthly payments will be applied to interest befons principal. If, on SEPTEMBER 1. ,2013 ,I still owe: amounts under this Nato, I will pay those aIDounts in full on that da.te, which is called the ~maturity datc~ . I will make my monthly paymontl at BLUE BALL NATIONAL BANK. P.O. BOX 580. BLug BALL. ~A 17506 or at a diffen:nt place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofD.S. $ 348.89 4. BORROWER'S RIGHT TO PIlEPA Y I bave the right to make payments of principal at allY ti~ before they ne due, A payment of principal only is known as a ~prepaymcnt.. When I m.alce a prepayment, I will tell the Note Holder in writing that I am doing so. I may make II. full prepayment or partilll prepayments without paying any prepayment charge. The Note Hol~r will use aU of my prepayments to reduce the: amount: of principal that J 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 CHAllGES If a law, which applies to this lOIn. and which sets maximum loan charges, is finally interpreted &0 that the interest or other loan charges collected or 10 be collected in conntcUon with this loan exceed the pcnnitted limits, then: (i) any such loan charge shall be reduced by the amount nccess&JY to reduce the charge to tho permitted limit; 80d [Ii) any sums already collected frOm me which exceeded permitted limits wiD be refunded to me. The Note Hohler may choose to make thill refund by nlduciDg tho principall owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as . partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late ChalJ:e for Overdue Payments If the Note Holder has not received the full amount of 80y monthly payment by the end of 15 calendu days after the date it is due, I will pay a late chargo to the Note Holder. The amount of the charge will be 5 ~ of my overdue payment of principal and interest. I will pay this late charge promptly but only once 011 each late payment. (H) 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.end me. written Dotice telling me that if I do not pay the overdue lIDount by II certain date, the Note Bolder may require me to pay immediately the fuU amount of principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notiee is delivered or mailed to me. MULTIST ATE FIXED RATE NOTE. Sin"l. F.mily. FNMAlFHLMC UNIFORM INSTRUMENT Fonn 3200 12/83 hnIdna Fo~ s~ Co.. In... t9001 <<"lI.M P-o- , of 2. UFT 13200 1191 . . ALL THAT CERTAIN piece East Pennsboro, County of more particularly bounded or parcel of land, situate in the Township of CUmberland and Commonwealth of Pennsylvania, and described as follows: BEGINNING at a point in the easterly line of Brick Church road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry street with the-easterly line of Brick Church Road and extending thence North seventy nine (79) degrees forty (40) minutes East one hundred fifteen (115) feet; thence South ten (10) degrees twenty (20) minutes East twenty five (25) feet; thence South seventy nine (79) degrees forty (40) minutes West one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road North ten (10) degrees twenty (20) minutes West twenty five (25) feet to the place of BEGINNING. BEING la1d out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book 1, Page 51. BEING THE SAME PREMISES which Raymond T. O'Keefe and Carol A. O'Keefe, husband and wife, conveyed unto Ernest E. Bolton and Laurie A. Bolton, husband and wife, by deed dated February 8, 1979 and recorded March 20, 1979 in the Recorder's Office in and for Cumberland County, Pa. in Record Book I, Volume 28, Page 333. '. . '-. ,)1' P(Iy,'1.n.ryIVllni. } 55 ': ( . l.~~ Cumberland :i in :ho offi-ce for ttM recordfng of De.oa "J.;.. ~ . :" "":.C f!f1"~rnt>oI-rl.nd County, ~ :l ~_ ,~,,;-::~ b:2lt2 vo:r.- _ Page'$..:W '. .,.~ my ""~d I <Ii 01 ';C,{+~l", ~ this da ..' ~~ft~"'lo"" -- O".,.,~~~!.,. $ L.CI ..,. J1r.oli),:,:......J/o;v.~-:. .', .. v: .L'"'''-'.',, . .,~.::-;; -'~'_-:";. ,." 1.Q;-.',.4l~,~~'" ~,,~...,~, . '* :' I~/; .' _:,f_~.," ~: .' -- \to . ,~" . .':1i' 'n' '. ~<" ,. ""i"~;;"'...,'~:..,':' ".. .-."" , rj \~Q.~ . .'i1'#tt.~.,.. ~.. . ". \~". ,. '-'"-,A. '.. c....""""'~<!J> 7...~_.'.,"'" , .d_' ~. ..... ~~"l., ....~-.,...-!l.~_ -- -....-.~."'.:'.~ ""'~~4.~~"6~S;~:4': . -~..~,. . "&corder foOK1156 PACE 442 ~\\S~ / H:~ ,;(). _ ~_~. ~i0 ,L'!,:8EHlI." COiJ~:TY - F;\ MORTGAGE ASSIGNMENT '00 RUG 29 Arl 11 21 THIS INDENTURE WITNESSETH, That Blue Ball National Bank, a national banking corporation authorized to do business in the state of Pennsylvania having its principal office in East Earl Township, County of Lancaster, and state of Pennsylvania, party of the first part, in consideration of the sum of TWO OR MORE DOLLARS, the receipt whereof is hereby acknowledged, hereby sells, assigns and transfers unto, FEDERAL NATIONAL MORTGAGE ASSOCIATION 510 Walnut Street - 16th Floor Philadelphia, PA 19106-3697 party of the second part, a certain INDENTURE OF MORTGAGE dated the 3rd day of Auaust. 1993, A.D., signed by Ernest E. Bolton Laurie A. Bolton conveying to Blue Ball National Bank as mortgagee, the following described premises, to wit: 40 North Enola Drive. Enola. PA 17025- ~ and further sells, assigns and transfers unto said party of the second part and debt secured by said mortgage and all of said mortgagee's right, title and interest in and to the premises hereinabove described, said mortgage is recorded in the office of the Recorder of Deeds for the County of Ol~herland, state of Pennsylvania in Book 1156 , Page 436 , as Document No. Mortgage recorded August 10 I 1993 IN WITNESS WHEREOF, said party of the first part has caused this instrument to be signed by its Senior vice President and its vice President, with its seal hereto affixed, this ~ day of Auaust. ::.Q; ;:r/lJd' Blue Ball National Bank 1060 Main Street Blue Ball, PA 17506 -""~-. Prepared by and returned to: STATE OF PENNSYLVANIA COUNTY OF LANCASTER: SS I, the undersigned officer, a Notary Public in and for the County of Lancaster in the state of Pennsylvania, do hereby certify that Joseph C. Spada/Senior Vice President and Carl Weaver/Vice President of Blue Ball National Bank, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice Presidents appeared before me this day in person and acknowledge that they signed, sealed and delivered said instrument as their free and VOluntary act and as the free and voluntary act of said Blue Ball National Bank for the uses and purposed therein set forth and caused its seal to be thereto attached. Given under my hand and Notarial Seal this ~ day of Auaust. 1993, A.D. COMMISSION STAMP .r.: ~ """"'SeaJ ""'Iv A Kalhennan, """'" """" Uppe' l_Twp" t.noai"'Co<,,,,, MyCommission Expires Sept 6, 1994 ~ Member,Pennsytvania~oINo1aieS I EXHIBIT 13 ,ue:, 653 PAGE 675 --- . -- ALL THAT CERTAIN piece East Pennsboro, County of more particularly bounded or parcel of land, situate in the Township of Cumberland and commonwealth of Pennsylvania, and described as follows: BEGINNING at a point in the easterly line of Brick Church read at the dl$tance of one hundred five (l05) feet measured southwardly along said line of road from its intersecticn with the southwesterly extremity of the arc or curve conneoting the southerly line of Perry street with the easterly line ot Brick ChUrch Road and extending thence North seventy nine (79) degrees forty (40) minutes East one hundred titteen (115) teet; thence South ten (10) degrees twenty (20) minutes East twenty tive (25) feet; thence South seventy nine (79) degrees torty (40) minutes West one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road North ten (10) degrees twenty (20) minutes West twenty five (25) feet to the place of BEGINNING. Seotember 19, 2005 Ernest E. Bolton Laurie A. Bolton PO Box 93 Enola, PA 17025-0093 F\LE COpy ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice exolains how the program works. To see ifHEMAP can help. you must MImT WITH A CONSUMER CREDIT COUNSELING AGENCY WITIllN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name. address and phone number of Consumer Credit Counseling A!!encies serving your County are listed at the end ofth;~ Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agen((y toll free at 1-800-342-2397. (persons with imoaired hearing can call (717)780-1869). - This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIONEN ADJUNTO ES DE SUMAIMPORTANCIA, PUBS AFECTA SU DERECHO A CONI'INUAR VIVENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIICACION OBENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MBNCIONADO ARRlBA. PUEDES SERELEGmLE PARA UN PRESTAMO POREL PROGRAMALLAMADO OHOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDlMlR SD HlPOTECA. EXHIBIT I 1) STATElvlENTS OF POLICY HOMEOWNER'S NAME(S): Ernest E. & Laurie A. Bolton PROPERTY ADDRESS: PO Box 93, Enola, PA 17025-0093 LOAN ACCOUNT # 5038139 ORIGINAL LENDER: Blue Ball National Bank CURRENT LENDERlSERVICER: CommunityBanks HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH TIm PROVISIONS OF TIm HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THEDACT.), YOUMAYBEELIGffiLEFOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HA VB A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHERELIGffillJTY REQUIREMENTS ESTABLISHED BY TIm PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a Face-to-Face meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR RMRRGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. TIIE PART OF THIS NOTICE CAT .LED DHOW TO CURE YOUR MORTGAGE DEFAULT. EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELlNG AGENCIES - !fyou meet with one ofthe consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-te-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) !fyou have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, 0<0" ~u me " '-"'ll1p'''L'''' nU1l1=wner S nmergency ASsistance program Apolication with one of the designated consumer credit coun 19 agencies listed at the end of this N, ~. Only consumer credit . counseling agencies have applicatibns 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 postnlarked within thirty (30) days of your face-to-face meeting. YOU MUST FlLE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TIllS LETlER, FORECLOSURE MAY PROCEED AGAlNST YOUR HOME IMMEDIAlEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOlE: IF YOU ARE CURRENTLY PROlECTED BY THE FILING OF A PETmON IN BANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. ou have filed bankru tc au can still a I for Emer en Mort a e 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 40 N. Enola Drive, EnoJa, Township of East Pennsboro, Cumberland County, PA 17025 IS SERIOUSLY IN DEFAULT because: A. YOU HA VB NOT MADE MONTHY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: July 1, 2005 August 15, 2005 September 1, 2005 $512.00 $512.00 $512.00 Other charges (explain/itemize): Late Fees $ 87.20 TOTAL AMOUNT PAST DUE $1,623.20 ~. ................ .............. T............ ~""""""''''''''''.LJ' .L'-' L.r')..L~ .l..l..u....;. J.'VLLVVVli"l'U .f\."-'.11Ul": .HOW TO CURE TIlE DEF AUL".l - You may cure the default within 'I'HlKfY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TIIE LENDER, WIDCH IS $1,623.20 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIDCH BECOME DUE DURING THE TIIIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made oayable and sent to: Community Banks 55 WetzeIDrive P.O. Box 233 Hanover, P A 17331 You can cure any other default by taking the following action within TIIIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE TIlE DEF AUL T - If you do not cure the default within TIIIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage 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. Iffu11 payment of the total amount past due is not made within TIllRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose UDon YOUr mortl!'a2ed DroDertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, 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 actua1ly incurred, up to $50.00. However, iflegal 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 Deriod. YOU will not be required to Day attorney's fees. OTHER LENDER REMEDlES - THE LENDER MAY ALSO SUE YOU PERSONALLY FOR THE UNPAID PRINCIPAL BALANCE AND ALL OTIIER SUMS DUE UNDER THE MORTGAGE. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the TIIIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and orevent the sale at any time up to one hour before the Sheriff's Sale. You may d~ so by pavin~ the total amount then past due. plus anv late or other chllrges then due. reasonable attornev's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortp:age. 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 POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's sale of the mortgaged property could be held would be approximately two months from the date ofthis Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the u.l.L.LVl....L!.I. .L.L........u.vu. LV ,-,w.1t:f Ult:i U'CUlUll. WJ.U llJ.\.ilt~:St Lilt: lUllg~l you Wall. IOU may nna OUt at any tune exactly what the required payment or act' will be by contacting the lender. , ' HOW TO CONTACT THE LENDER: Community Banks 55 Wetzel Drive P.O. Box 233 Hanover, P A 17331 (717) 646-3504 or 1-866-286-0534 (717) 646-3533 Fax Number Contact Person: Mrs. Georgia A. Bear, Vice President, Collections EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor -X. may not 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 SEIL 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 THlRD 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 RIGID' 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 CCCS ofWestemPA, Inc. 2000 Linglestown Rd.. Harrisburg,PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3rd St. Waynesboro, PA 17268 (717) 762-3285 Urban Le~e of Metropolitan Harrisburg 2107N.6 St. Harrisburg, PA 17110 (717) 234-5925 FAX (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry St. Harrisburg, PA 17104 (717) 232-9757 Fax (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 (717) 334-8326 Certified Mail: 7002 2030 0005 9409 9758 - Ernest 7002 2030 0005 9409 9765 - Laurie Also sent via 1st class mail on 09/19/05 td 0 ~l -. :t::. .....:t .z ~ b ~ --:t ""f>$. U( U\ ill \) ~ t: r ,',..) () (-., ~.::-~ nn .'.-' :? '( ~.) h'l ~,~~ I --1 r,.) I') Q SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05777 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS BOLTON ERNEST E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANT/OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TENANT/OCCUPANT 40 NORTH ENOLA DRIVE ENOLA, PA 17025 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So answers: .>~~i?"r--/ . R. Thoincfu-Kline Sheriff of Cumberland County WENTZ WEAVER KLING GOOD HARRIS 11/14/2005 Sworn and subscribed to before me this ;<J.~ day of Jll...,~~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05777 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS BOLTON ERNEST E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOLTON ERNEST E the DEFENDANT , at 0955:00 HOURS, on the 9th day of November, 2005 at 40 NORTH ENOLA DRIVE ENOLA, PA 17025 by handinC:l to DANIEL BOLTON, SON 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 So Answers: 18.00 14 .40 .00 10.00 .00 42.40 --;,-- .,<~~:.:~.-:J;' R. Thomas Kline 11/14/2005 WENTZ WEAVER KLING GOOD HARRIS Sworn and Subscribed to before ~~A Deputy Sheriff me this .l.J~ day of ~ ,~, ~D pro~~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05777 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE ASSO VS BOLTON ERNEST E ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOLTON LAURIE A the DEFENDANT at 0955:00 HOURS, on the 9th day of November, 2005 at 40 NORTH ENOLA DRIVE ENOLA, PA 17025 by handincj to DANIEL BOLTON, SON 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 So Answers: 6.00 .00 .00 10.00 .00 16.00 J'" ___ ~r'> ," .~~' ......"',~, .. , R. Thomas Kline 11/14/2005 WENTZ WEAVER KLING GOOD HARRIS Sworn and Subscribed to before By. .~ Deputy Sheriff me this ,)2;1",)... day of ~ ~M{~..A.D. {;Ih~ roth ary Ii WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney L D. #34393 132 West Main Street New Holland, P A 17557 (717) 354-4456 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON De{endants. PROOF OF SERVICE The undersigned hereby certifies that on the below date, a true and correct copy of the "Important Notice" of intent to enter default judgment in the above case was caused to be served upon the person and in the manner indicated below, which service satisfies the requirements of the applicable state and local rules of civil procedure: Service by regular United States first class mail addressed as follows: Ernest E. Bolton 40 N. Enola Drive Enola, P A 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, P A 17025-2515 WENTZ WEAVER KLING Go & HARRIS, LLP Date: December 30, 2005 By: Bra Harris (I.D. No. 34393) Attorney for Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 r-':I C) c:? ;::"1 <.::? 0'-' t-- ~/" ,",'\'~ . .',' -"",.. -,''" - ....'.~. \",) CO WENTZ WEAVER KLING GooD & HARRIS, LLP By: BRADFORD 1. HARRIS, ESQUIRE Attomey 1. D. #34393 132 West Main Street New Holland, P A 17557 (717) 354-4456 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Because each Defendant has failed to file within the required time an answer to the complaint and notice to defend filed and duly served upon same in the above matter, please enter judgment in favor of each Plaintiff and against each Defendant (jointly and severally) for the following: Amount due per complaint. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' $30,001.76 Interest at 7.0% per annum ($4.82871 per diem) from 10/20/05 thru 3/1 /06 ............................... 642.22 Late charges @ $17.44per month from 11/05 thru 2/06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69.76 -1- Federal National Mortgage Association v. Bolton 05-05777 Escrow charges balance of$163.11 per month from 11105 thru 3/06 ................................... 815.55 Attorney fees @ 10% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152.75 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $31.682.04 plus costs and interest at 7.0% per annum ($4.82871 p/d) from 3/2/06, late charges at $17.44 per month from 3/06, escrow charges balance of$163.11 per month from 4/06 and attorney fees at 10 % of the foregoing accruing amounts The undersigned hereby certifies that written notice of intention to enter this default judgment was mailed to each Defendant in accordance with Pa.R.C.P. 237.1 on the respective dates of each notice, and that a true and correct copy of each such notice is attached hereto and incorpo- rated herein by reference. WENTZ WEAVER KLING D & HARRIS, LLP ----y Dated: March I, 2006 By: Br . Harris (LD. No. 34393) Attorneyf(Jr Plaintiff 132 West Main Street New Holland. P A 17557 (717) 354-4456 AND NOW, this _ day of _' 2006. judgment is hereby entered in the above matter as hereinabove directed. .~ -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. IMPORTANT NOTICE TO: Ernest E. Bolton 40 N. Enola Drive Enola, P A 17025-2515 DATE OF NOTICE: December 30,2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WI11llN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN1ERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR01lIERIMPORTANTRIGHTS. YOU SHOUll) TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TElEPHONE THE OffiCE SET FORTI! BElDW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Cow11y Bar Association 32 S. Bedford Street Carlisle, P A (717) 249-3166 (800) 990-9108 No. 05-05777 NOTICIA IMPORTANTE Ernest E. Bolton 40 N. Enola Drive Enola,PA 17025-2515 FECHA DE NOTICIA: December 30,2005 A: USTED NO HA COMPLIDO CON EL A VISO AN1ERIOR PORQUE HA FALTADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO AFSIECASO. SI US1ED NO ACTIJA DENlRO DE DIEZ (10) DIAS DESDE LAFECHA DE IlSTA NOTlCIA, ES POSIBLE QUE UN F AlLO SERIA REGISTRAOO CONIRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OlROS DERECHOS IMPORTANTES. US1ED DEBE llEVAR ESTA NOTIClAASU ABOGADO EN SEQUIDA. SIUSTED NO TIENE ABOGAIX) 0 NO TIENE CON QUE PAGARLOS SERVIOOS DE UN ABOGADO, VA Y A o UAME A LA OFlCINA ESCRITA ABAJO PARA A VERlGUARA ooNDE USTED PUEDE OBTENER LA AYUDA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A (717)249-3166 (800) 990-9108 By: B . arris (I.D. No. 34393) Attorney fi Plaintiff 132 West Main Street New Holland, P A 17557 (717) 354-4456 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. IMPORTANT NOTICE TO: Laurie A Bolton 40 N. EnolaDrive Enola,PA 17025-2515 DAlE OF NanCE: December 30,2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAilED TO TAKE ACI10N REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACf WITHIN TEN (10) DAYS FROM THE DATE OF THIS NaIICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUf A HEARING, AND YOU MAY LOSE YOURPROPERTYOROTIffiRIMPORTANTRIGHfS. YOU SHOUlD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFlCE SET FOR1H BELOW TO FIND OUfWHERE YOU CAN GET lEGALHEIP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A (71 7) 249-3166 (800) 990-9108 No. 05-05777 NOTICIA IMPORTANTE Laurie A Bolton 4ON. EnolaDrive Enola, PA 17025-2515 FECHA DE NanCIA: December 30, 2005 A: USTED NO HA COMPUOO CON EL A VISO AN1ERIOR PORQUE HA FALTAOO EN TOMAR MEDIDASREQUERlDASRESPECIO AES1ECASO. SIUSTED NO ACIUA DENTRO DE DIFZ (10) DIAS DESDE LA FECHA DE ESTANaIICIA, ES POSIBLE QUE UN FALLa SERIA REGIS1RAOO CONIRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANIES. USTED DEBE UBVAR ESTA NaIICIAASU ABOOAOO EN SEQUlDA. SIUSTED NO TIENE ABOOAIX) 0 NO TIENE CON QUE PAGARLOS SERVICIOS DEUN ABOOAOO, VA Y A o llAME A LA OFlCINA ESCRITA ABAJO PARA A VERIGUARA OONDE USTED PUEDE OBTENER LA A YUDA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A (717) 249-3166 (800) 990-9108 WENTZ WEAVER KLING G HARRIS, LLP By: Br r J arris (LD. No. 34393) Attorney for Plaintiff 132 West Main Street New Holland, P A 17557 (717) 354-4456 ,- , ........ ,'-' ~ c, ~ \'") ~ r=:: -;--:.."'> -",.) ~ "1:=. \ -y' "'" - r-... '" --- ...c::: "" ~ ~ ...."" ~. " ~ .-' ~. C> ~ .> ;l:o . ~ .;;--. r', - ~ ~ - ~ ." '':1 '" WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney L D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorneyfor Plaintiff Office of the Prothonotary of Court of Common Pleas of Cwnberland County, Pennsylvania NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. Pursuant to requirements of Pennsylvania Civil Procedural Rule No. 236, you are notified that there was entered in this office today, in the above-captioned case: Judgmentof$31 ,682.04, plus costs, interest at 7.0% per annum ($4.82871 p/d) from 3/2/06, late charges at $17.44 per month from 3/06, escrow charges of $163 .11 per month from 4/06 and attorney's fees of 10% of the foregoing. for the hereinabove Plaintiff and against the hereinabove Defendants Dated: 5--/ - 02()()G (Deputy) TO: Ernest E. Bolton 40 N. Enola Drive Enola, P A 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, P A 17025-2515 WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney I. D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorney for Plaintiff Office of the Prothonotary of Court of Common Pleas ofCwnberland County, Pennsylvania NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. Pursuant to requirements of Pennsylvania Civil Procedural Rule No. 236, you are notified that there was entered in this office today, in the above-captioned case: Judgment of$31 ,682.04, plus costs, interest at 7.0% per annum ($4.82871 p/d) from 3/2/06, late charges at $17.44 per month from 3/06, escrow charges of $163.11 per month from 4/06 and attorney's fees of 10% of the foregoing, for the hereinabove Plaintiff and against the hereinabove Defendants Dated: 3-J-~OO~ TO: Ernest E. Bolton 40 N. Enola Drive Enola, P A 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola,PA 17025-2515 I .... WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney L D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorneyfor Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA CIVIL ACTION----MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. SOL TON AND, LAURIE A. BOLTON Deftmdants. PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) TO THE LANCASTER PROTHONOTARY: Please issue a writ of execution in favor of Plaintiff and against Defendants in the above- captioned matter directing the Sheriff of Cumberland County, Pennsylvania to levy upon and sell the real property of Defendants located at 40 N. Enola Drive, Cumberland County, Enola, Pennsylvania 17025-2515, which property is more fully described in the legal description attached hereto and incorporated herein by reference, for the following: Amount due per judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $31,682.04 Interest at 7.0% per annum ($4.82871 per diem) from 3/2/06 thru 6/7/06 ......................................... 473.2] Late charges @ $17.44 per month from 3/06 -1- ~ Federal National Mortgage Association v. Boltoll No. 05-5777 thru 5/06 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52.32 Escrow charges balance of $] 63.11 per month from 4/06 thru 6/06 ............................................ 489.33 Attorney fees @ 10% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 101.49 SUBTOTAL..................... $32,798.39, PLUS: Prothonotary Costs. Sheri ff Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOTAL ..................... ~ plus from 6/8/06 to the date of settlement, interest at 7.0% pia ($ 4,82871 p/d), late charges @ $17.44 per month from 6/06, escrow charges @ $] 63.11 per month from 7/06 & attorney's fees @ 10% of the forgoing accruing amounts DATED: March I, 2006 WENTZ WEAVER KLING GO D & HARRIS, LLP -:> By: Brad rd . Harris (1.D. No. 34393) Attorney/or Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 -2- \ ALL THA T CERTAIN lot or piece of land, situate in the Tovmship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two ,md one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cwnberland County Plan Book I, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assigns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. "1 "'\ '''\ ~ 'J .... '-. cs ~ """" ti v ' ':'0 "-) -...... r '@ G> . \ -:-- ~ -...... -- <::.. "-.) Y\ --^" -~l ~ <:> ~I) ~ t:,. I ;-~ :~ .:sls;:.. f'. 0 <:> ~ ~ ..t:' ~ ......, c-.,. "\.l " r-- ~ \:J ..-"" :s, ~ I" ~ 'A. , ~ .. ~ 0 ~ ..- -l-l ~ .. l'O -- ....<:, ~ ~~ ~ w ~ ;;:, , v ~ -1 c..'... . r WENlZWEAVERKuNG GooD & HARRIS, LLP By: BRADFORD J HARRIS, ESQUIRE Attorney 1. D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorneyfor Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NA TrONAL MORTGAGE ASSOCIATION Plaintiff: No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED The undersigned hereby deposes and states that he is the attorney for the Plaintiffs in the above-captioned action; that as such, he is authorized to make this Affidavit on behalf of Plaintiffs; that to the best of the undersigned's knowledge, infonnation, or belief, Laurie A. Bolton, a Defendant in the above-captioned action, is not in the military or naval services of the United States of America, based upon the following facts regarding said Defendant as of the date of this Affidavit: AGE: Over 18 LAST KNOWN PLACE OF EMPLOYMENT: Unknown LAST KNOWN PLACE OF RESIDENCE: 40 N. Enola Drive, Enola, PA 17025-2515 ADDITIONAL FACTS (IF ANY): Made upon information supplied & believed to be true. The undersigned hereby verifies that the statements made in this Affidavit are true and correctto the best of his knowledge, information, or belief. The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. WENTZ WEAVER KLING D & 1IARRIs, LLP Date: March 1,2006 By: Bra r . Hams (1.0. No. 34393) Attorneyfor Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 'l WENTZ WEAVER KLING GooD & HARRIS, LLP By: BRADFORD J HARRIS, ESQUIRE Attorney I. D. #34393 132 West Main Street NewHolland,PA 17557 (717) 354-4456 Allomey fOr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACI10N-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIA nON Plaintiff; No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACf OF 1940, AS AMENDED The undersigned hereby deposes and states that he is the attorney for the Plaintiffs in the above-captioned action; that as such, he is authorized to make this Affidavit on behalf of Plaintiffs; that to the best of the undersigned's knowledge, information, or belief, Ernest E. Bolton, a Defendant in the above-captioned action, is not in the military or naval services ofthe United States of America, based upon the following facts regarding said Defendant as of the date of this Affidavit: AGE: Over 18 LAST KNOWN PLACE OF EMPLOYMENT: Unknown LAST KNOWN PLACE OF RESIDENCE: 40 N. Enola Drive, Enola PAl 7025-2515 ADDITIONAL FACTS (IF ANY): Made upon information supplied & believed to be true. The undersigned hereby verifies that the statements made in this Affidavit are true and correct to the best of his knowledge, infonnation, or belief The undersigned understands that talse statements herein made are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsitication to authorities. WENTZ WEAVER KUNG D & HARRIS, I.LP Date: March 1,2006 --;, By: Brad . Hams (!D. No. 34393) Allorneyfor Plaintiff' 132 West Main Street, New Holland, PA 17557 (717) 354-4456 N .... WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD 1. HARRIS, ESQUIRE Attorney L D. #34393 132 West Main Street New Holland, P A 17557 (717) 354-4456 Attorneyfor Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIA nON Plaintiff; No. 05-05777 vs. ERNEST E. SaLTON AND, LAURIE A. SaLTON Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 ET SEQ. Plaintiff hereby sets forth as of the date the praecipe for the writ of execution was filed in the above-captioned action the following information concerning the real property located at 40 N. Enola Drive, Enola, P A 17025-2515, which is more fully described in the legal description attached hereto and incorporated herein: 1. Name and address of the owner(s) or reputed owner(s): Ernest E. Bolton 40 N. Enola Drive Eno]a, PA 17025-25]5 Laurie A. Bolton 40 N. Enola Drive Eno1a, P A 17025-2515 2. Name and address of the defendant(s) in the iude:ment: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Eno1a, PA 17025-2515 -1- , Federal National Mortgage Association v. Bolton No. 05-05777 3. Name and address of every judl!ment creditor whose judgment is a record lien on the real property to be sold: Federal National Mortgage Association 51 0 Walnut Street, 16th Floor Philadelphia, PA 19106-3697 Members First Federal Credit Union P.O. Box 40 Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortl!al!e of record: Blue Ball National Bank, nka Community Banks Resource Recovery Department Southern Operations Center 55 Wetzel Drive P.O. Box 233 Hanover, PA 17331 Federal National Mortgage Association 510 Walnut Street, 16th Floor Philadelphia, P A 19106-3697 5, Name and address of every other person who has anv record lien on the property: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013-3387 East Pennsboro Township 98 S. Enola Drive Enola, P A 17025 6. Name and address of every other person who has anv record interest in the property and whose interest may be affected by the sale: Henry Lombardozzi Barbara Lombardozzi 615 Maple Street MarysviUe, PA 17053-1614 7. Name and address of every other person whom Plaintiff has knowledl!e who has anv interest in the property that may be affected by the sale: P A Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Building, Rm. 432 P.O. Box 2675 Harrisburg, PA 17105-2675 -2- .... Federal National Mortgage Association v. Bolton No. 05-05777 Occupants/Tenants 40 N. Enola Drive Enola, PA 17025-2515 Cumberland County Domestic Relations Office 13 N. Hanover Street Carlisle, PA 17013 We verify that the statements made in this affidavit are true and correct to the best of our knowledge, information, or belief We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. We are the attorneys for Plaintiff, and as such, are authorized to execute this affidavit on it's behalf WENTZ WEAVER KLING D HARRIS, LLP Date: March 1,2006 BY:~; BIa arris (1.0. No. 34393) Attorneyfor Plaintiff 132 West Main Street New Holland, P A 17557 (717) 354-4456 ---; -3- ~'" ALL THAT CERTAIN lot or piece of land, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book I, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assigns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. -, n (", -,,~^' . ~ IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. No. 05-05777 NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: Federal National Mortgage Association 510 Walnut Street, 16" Floor Philadelphia, PA 19106-3697 P A Department of Public Welfare Bureau of Child Support Enforcement Health & Welfure Building, Rm. 432 P.o. Box 2675 Hanisburg, PA 17105-2675 Occupants![ enants 40 N. Enola Drive Enola, PA 17025-2515 Members First Federal Credit Union PH Box 40 Mechanicsburg, P A 17055 Henry Lombardozzi Barbara Lombardozzi 615 Maple Street Mmysville, PA 17053-1614 Blue Ball National Bank, nka Community Banks Resource Recovery Department Southern Operations Center 55 Wetzel Drive P.O. Box 233 Hanover, P A 1733 I Cumberland County Relations Office 13 N. Hanover Street Carlisle, PA 17013 Domestic Cumberland County Tax Claim Bureau One COlnthouse Square Carlisle, PA 17013-3387 TAKE NOTICE that on June 7, 2006, at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania, will sell the real property, together with any home and all other fixtures and improvements thereon, located at 40 N. Enola Drive, Enola, P A 17025-2515. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387(or at such other time and place that the sale is postponed to, or as the Sheriff may from time to time announce). Each of the owners orreputed owners of the real property are as follows: Ernest E. Bolton & Laurie A. Bolton. This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff(s) and against the above Defendant(s), which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriff Office within thirty (30) days after the sale date, and distribution ofthe sale proceeds will be made in accordance with the schedule unless you or someone else objects to -1- -. Federal National Mortgage Association v. Bolton 05-05777 the proposed distribution by filing exceptions to it within ten (10) days after the posting of the schedule. Information about the schedule of distribution may be obtained from the Sheriff Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF THE ABOVE REAL PROPERTY. YOU MAY OWN PART OR ALL OF THE ABOVE PROPERTY, OR YOU MA Y HAVE A LIEN AGAINST OR OTHER INTEREST IN THE ABOVE PROPERTY Any lien or interest you have in the above property may beforever lost or otherwise impaired if you do not promptly take action to protect such lien or interest. YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (in addition to others): (I) You may have the right to file a petition with the above Court in order to open or strike the judgment, or to stay or set aside the Sheriff sale if you have a meritorious defense against the Plaintiff or there is a legal defect in the obligation or the procedures used; (2) After the Sheriff sale but before delivery ofthe Sheriff deed to the real property, you may have the right to file a petition with the Court to set aside the sale for a grossly inadequate price or for other proper causes; and (3) You may have the right to free legal help. If you wish to exercise any of the above rights or any other rights that you may have regarding the above, you must act promptly or you may lose such rights. A lawyer can advise you more specifically of the rights you may have. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VEALA WYER OR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 WENTZ, WEAVER, KLING G & HARRIS, LLP Date: March 1,2006 By: ") B J arris (J.D. No. 34393) Attorneyfor Plaintiff 132 West Main Street New Holland, PA 17557-1295 557 (717-354-4456) -2- . -. ALL THA T CERTAIN lot or piece of land, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book I, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assigns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. , -Cj "\ ." . ' c> . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. 80L TON AND, LAURIE A. 80L TON Defendants. NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, PA 17025-2515 TAKE NOTICE that on June 7, 2006, at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania, will sell the real property, together with any home and all other fixtures and improvements thereon, located at 40 N. Enola Drive, Enola, P A 17025-2515. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387(or at such other time and place that the sale is postponed to, or as the Sheriff may from time to time announce). Each of the owners or reputed owners of the real property are as follows: Ernest E. Bolton & Laurie A. Bolton. This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriffs Office within thirty (30) days after the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriffs Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF' THE SALE OF YOUR REAL PROPERTY. This Notice has been sent to you because the above- described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above-described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, vou must act oromotlv or vou mav lose such rights. I YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 YOU MA Y HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): I. You may file a petition with the above Court of Common Pleas in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff Sale but before delivery of the Sheriffs deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. 3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, you must act promptlv or vou mav lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ABOVE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. WENTZ WEAVER KLING G HARRIS, LLP ~ DATED: March I, 2006 By: ~ B arris (LD. No. 34393) Attorneysfor Plaintiff 132 West Main Street New Holland, P A 17557 (717) 354-4456 -2- , ALL THAT CERTAIN lot or piece of land, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (lIS) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (lIS) feet to the easterly line of Brick Church Road aforesaid; arld thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book I, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cwnberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assIgns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. .--'!, l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff; No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. NOTICE OF SHERIFF SALE OF REAL PROPERTY TO: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, PA 17025-2515 TAKE NOTICE that on June 7, 2006, at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania, will sell the real property, together with any home and all other fixtures and improvements thereon, located at 40 N. Enola Drive, Enola, P A 17025-2515. The real property is more fully described in the attached legal description, which is incorporated herein by reference. This sale will take place at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387(or at such other time and place that the sale is postponed to, or as the Sheriff may from time to time announce). Each of the owners orreputed owners of the real property are as follows: Ernest E. Bolton & Laurie A. Bolton. This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to the above docket number in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriffs Office within thirty (30) days after the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriffs Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL PROPERTY. This Notice has been sent to you because the above- described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above-described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, vou must act promptlv or vou mav lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEA LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): I. You may file a petition with the above Court of Common Pleas in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff Sale but before delivery of the Sheriffs deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. 3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, vou must act promptlv or vou mav lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ABOVE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. WENTZ WEAVER KLING G D HARRIS, LLP ) DATED: March I, 2006 By: B . Harris (I.D. No. 34393) Attorneysfor Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 -2- i ALL THAT CERTAIN lot or piece of land, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book I, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assigns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. ,~ (,," WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5777 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From ERNEST E, BOL TON AND LAURIE A BOLTON (1) You are directed to levy upon the property of the defendant (s)and to sell LEGAL DISCRlPTION (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: (aJ 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$31,682,04 L L$'sO Interest 7,0% Per annum ($4.82871 per diem) from 312/06 thrn 617/06 $473.21 Atty's CommlO %101.49 Due Prothy $1.00 Atty Paid $7lI1. t/f) Other CostsLate Charges @17.44permonth from 3/06 thru 5106 $52.32 - Escrow charges balance of $163.11 per montb from 4106 thru 6/06 $489.33 Plaintiff Paid Date: March I, 2006 (Seal) By: Deputy REQUESTING PARTY: Name Bradford J. Harris. Esq. Address: 132 West Main Street New Holland, PA 17557 Attorney for: Plaintiff Telephone: 717-354-4456 Supreme Court!D No. 34393 WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney 1. D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FORECLOSURE FEDERAL NATIONAL MORTGAGE ASSOCiATION Plaintiff, No. u5-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. PROOF OF SERVICE The undersigned hereby certifies that on the below date, true and correct copies of the Praecipe for Writ of Execution, Affidavit Pursuant to Rule 3129.1 and Notice of Sheriff Sale were caused to be served upon the persons and in the manner indicated below, which service satisfies the requirements of the applicable state and local rules of civil procedure: Service by regular United States first class mail addressed as follows: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, P A 17025-2515 WENTZ WEAVER KLING GOOD & HARRIS, LU Date: March 3, 2006 , -y By: Bra ord J. Harris (1.D. No. 34393) Attorney for Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 Federal National Mortgage Association VS Ernest E. Bolton and Laurie A. Bolton In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5777 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Bradford Harris. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Share of Bills Levy Mileage 30.00 30.00 1.00 .50 2.19 19.57 15.00 13.20 $11 1.46 Sworn and subscribed to before me 2006, A.D. SO~7: ~W/. ..-~?/~ R. Thomas Kline, Sheriff B\eY~~{~ ..p \. en. {31..'1" Ru..,. /1'!f5'? . ; . ~ WENTZ WEAVER KLING GOOD & HARRIS, LLP By: BRADFORD J. HARRIS, ESQUIRE Attorney 1. D. #34393 132 West Main Street New Holland, PA 17557 (717) 354-4456 Attorney for Plaintiff o ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNS\'!!Y~ CIVIL ACTION-MORTGAGE FORECLOSURE ,'." s:; I FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, "-TJ No. 05-05777 -..:;... U1 '-) vs. ERNEST E. BOLTON AND, LAURIE A, BOLTON Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 ET SEQ. Plaintiff hereby sets forth as of the date the praecipe for the writ of execution was filed in the above-captioned action the following information concerning the real property located at 40 N. Enola Drive, Enola, P A 17025-2515, which is more fully described in the legal description attached hereto and incorporated herein: 1. Name and address of the owner(s) or reouted owner(s): Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, P A 17025-2515 2. Name and address of the defendant(s) in the iud!1ment: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A Bolton 40 N. Enola Drive Enola, PA 17025-2515 -1- o .'n -1 :r:-:-n n1c- -nlT1 ;:'~~~ , =', f.~~;~ ~jJ -< ~- Federal National Mortgage Association v. Bolton No. 05-05777 3. Name and address of every iudl!:ment creditor whose judgment is a record lien on the real property to be sold: Federal National Mortgage Association 51 0 Walnut Street, 16th Floor Philadelphia, PA 19106-3697 Members First Federal Credit Union P.O. Box 40 Mechanicsburg, P A 17055 4. Name and address of the last recorded holder of everY mortl!:al!:e of record: Blue Ball National Bank, nka Community Banks Resource Recovery Department Southern Operations Center 55 Wetzel Drive P.O. Box 233 Hanover, PA 17331 Federal National Mortgage Association 51 0 Walnut Street, 16th Floor Philadelphia, PA 19106-3697 5. Name and address of every other Derson who has anv record lien on the property: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA l7013-3387 East Pennsboro Township 98 S. Enola Drive Enola, P A 17025 6. Name and address of everY other Derson who has anv record interest in the property and whose interest may be affected by the sale: Henry Lombardozzi Barbara Lombardozzi 615 Maple Street Marysville, PA 17053-1614 7. Name and address of every other person whom Plaintiff has knowled~e who has anv interest in the property that may be affected by the sale: P A Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Building, Rm. 432 P.O, Box 2675 Harrisburg, P A 17105-2675 -2- . ' Federal National Mortgage Association v. Bolton No. 05-05777 Occupants/Tenants 40 N. Enola Drive Enola, P A 17025-2515 Cumberland County Domestic Relations Office 13 N. Hanover Street Carlisle, P A 17013 We verify that the statements made in this affidavit are true and correct to the best of our knowledge, information, or belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, relating to .unsworn falsification to authorities. We are the attorneys for Plaintiff, and as such, are authorized to execute this affidavit on it's behalf. WENTZ WEAVER KLING D HARRIS, LLP Date: March I, 2006 By: B a ,arris (LD. No. 34393) Attorney for Plaintiff 132 West Main Street New Holland, P A 17557 (717) 354-4456 -3- ;.A ALL THAT CERTAIN lot or piece of land, situate in the Township of East Pennsboro,' County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book 1, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book I28, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and assigns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-MORTGAGE FOREa..OSURE FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, No. 05-05777 vs. ERNEST E. BOLTON AND, LAURIE A. BOLTON Defendants. TO: Ernest E. Bolton 40 N. Enola Drive Enola, PA 17025-2515 Laurie A. Bolton 40 N. Enola Drive Enola, PA 17025-2515 0 "" 0 c., G _,;':l -n "" i':' -- :;:J -n ,.. f'n ~(J F I 1-:( ~ ,!..., ~';-, ""'" ., -,--, -'"~ r') ; ,") iTl "" , -, <..r1 ~D &" .< NOTICE OF SHERIFF SALE OF REAL PROPERTY TAKE NOTICE that on June 7, 2006, at 10:00 a.m. (prevailing local time), the Sheriff of Cumberland County, Pennsylvania, will sell the real property, together with any home and all other fixtures and improvements thereon, located at 40 N. Enola Drive, Enola, P A 17025-2515. The real property is more fully described in the attached legal description, which is incorporated herein by reference, This sale will take place at the Cwnberland County Courthouse, One Courthouse Square, Carlisle, PA l7013-3387(or at such other time and place that the sale is postponed to, or as the Sheriff may from time to time announce). Each of the owners or reputed owners of the real property are as follows: Ernest E. Bolton & Laurie A. Bolton. This sale is being held pursuant to a writ of execution issued on the JUDGMENT entered in favor of the above Plaintiff and against the above Defendants, which judgment is indexed to the above docket nwnber in the above Court of Common Pleas. A SCHEDULE OF DISTRIBUTION showing who will receive the proceeds of the sale will be posted in the Sheriff's Office within thirty (30) days after the sale date, and distribution of the sale proceeds will be made in accordance with the Schedule unless you or someone else objects to the proposed distribution by filing exceptions to it within ten (10) days after the posting of the Schedule. Information about the Schedule of Distribution may be obtained from the Sheriff's Office. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR REAL PROPERTY. This Notice has been sent to you because the above- described writ of execution has been issued against you based upon the above-described judgment against you. This Notice is notifying you that your property is being held to be sold or taken to pay the above-described judgment. You may have legal rights to prevent your property from being taken and sold. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU must act oromotly or you may lose such rights. , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VEALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 YOU MAY HAVE THE FOLLOWING LEGAL RIGHTS (IN ADDITION TO OTHERS): 1. You may file a petition with the above Court of Common Pleas in order to open or strike the judgment, or to stay or set aside the Sheriff Sale, if you feel that you have a defense against the plaintiff, or if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff Sale but before delivery of the Sheriffs deed to the real property, you also may file a petition with the same Court of Common Pleas in order to set aside the sale for a grossly inadequate price or for other proper causes. 3. You also may have the right to free legal help. If you wish to exercise any of the above rights, or any other rights that you may have regarding the above matters, vou must act promptlv or vou mav lose such rights. A lawyer can advise you more specifically of the above rights and other rights you may have. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ABOVE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. WENTZ WEAVER KLING G HARRIS, LLP DATED: March 1,2006 By: . B arris (LD. No. 34393) Attorneys for Plaintiff 132 West Main Street New Holland, PA 17557 (717) 354-4456 -2- . ALL THAT CERTAIN lot or piece ofland, situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the easterly line of Brick Church Road at the distance of one hundred five (105) feet measured southwardly along said line of road from its intersection with the southwesterly extremity of the arc or curve connecting the southerly line of Perry Street with the easterly line of Brick Church Road and extending thence north seventy nine (79) degrees forty (40) minutes east one hundred fifteen (115) feet; thence south ten (10) degrees twenty (20) minutes east twenty five (25) feet; thence south seventy nine (79) degrees forty (40) minutes west one hundred fifteen (115) feet to the easterly line of Brick Church Road aforesaid; and thence along said road north ten (10) degrees twenty (20) minutes west twenty five (25) feet to the place of BEGINNING. HAVING THEREON ERECTED the northern half of a double two and one-half story frame, dwelling house known as No. 40 North Enola Drive. BEING part of Enola as laid out by Enola Realty Company, a Plan whereof is recorded in said Cumberland County Plan Book 1, Page 51. BEING THE SAME PREMISES that Raymond T. 0' Keefe and Carol O'Keefe, his wife, by deed dated on or about February 8, 1979, and recorded on or about March 20, 1979, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 128, Page 333, et seq., granted and conveyed unto Ernest E. Bolton and Laurie A. Bolton, his wife, their heirs and aSSIgns. BEING FURTHER IDENTIFIED by Cumberland County Tax Map Number 09-14-0832-321; and SEIZED IN EXECUTION as the property of Ernest E. Bolton & Laurie A. Bolton, sold by the Sheriff of Cumberland County, Pennsylvania, under Judgment No. 05-05777 in the Court of Common Pleas of Cumberland County, Pennsylvania. ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-5777 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff (s) From ERNEST E. BOLTON AND LAURIE A BOLTON (I) You are directed to levy upon the property ofthe defendant (s)and to sell LEGAL DISCRIPTION . (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$31,682.04 L.L.$.50 Interest 7.0% Per annum ($4.82871 per diem) from 3/2/06 thru 6/7/06 $473.21 Ally's Comml0 %101.49 Due Prothy $1.00 Ally Paid $1&1. ~O Other CostsLate Charges @17.44 per month from 3/06 thru 5/06 $52.32 - Escrow charges balance of $163.11 per month from 4/06 thru 6/06 $489.33 Plaintiff Paid Date: March 1, 2006 ~ (Seal) By: Deputy REQUESTING PARTY: Name Bradford J. Harris, Esq. Address: 132 West Main Street New Holland, PA 17557 Attorney for: Plaintiff Telephone: 717-354-4456 Supreme Court ID No. 34393 T~II!::'C""!:)Y'" ','''' <'<i"!'''ROM RECORD '.'10', ~:'::.j ~he MiiA'i I'1t, /Jf_" 'V '~1 ,..: ~4) .~ ~ S Real Estate Sale # 77 On March 07, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 40 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 07, 2006 By: J~ciy j~h Real Estate Sergeant . >.-I L- \:\~'A ~~~l OS:b v , " .,\j\t\JdVl\\:.l '4d 'i.J-h\\U'\i'{ jO 3:11.:\.:\0 .:\.:\\~3\{S 3