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HomeMy WebLinkAbout02-1157 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGER D. CRITES, Defendant. TO: DEFENDANT(S) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVI E HEREOF OR A DEFAULT JUDGMENT MAY BEE Hfb A:3AINS*TM. ATTORN7 FfR-N LA T I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 11350 Mcconnick Road, Suite 200 Hunt Valley, Md 21031 AND THE DEFE DANT(S): 229 Peach G M" Gardners, P CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ES TE AFFECTED BY THIS LIEN IS 229 Peach GI r-g A 324 CIVIL DIVISION NO.: Oa - / Ir7 ?CULI, `?? TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Eastern Savings Bank, FSB Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ATTORNEY[ P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGER D. CRITES, CIVIL DIVISION NO.: C Q -//S7 Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION VS. ROGER D. CRITES, Defendant. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, vs. ROGER D. CRITES, Defendant. CIVIL DIVISION NO.: as --- /4S7 Co('.C I CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Eastern Savings Bank, FSB, by its attorneys, James, Smith, Durkin & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Eastern Savings Bank, FSB, which has its principal place of business at 11350 McCormick Road, Suite 200, Hunt Valley, Maryland 21031. 2. The Defendant, Roger D. Crites, is an adult individual whose last known address is 229 Peach Glen Road, Garners, Pennsylvania 17324. 3. On or about August 24, 1998, Defendant executed a Note in favor of Plaintiff in the original principal amount of $40,500.00. 4. On or about August 24, 1998, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $40,500.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 25, 1998, in Mortgage Book Volume 1477, Page 1138. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Defendant is the record and real owner of the aforesaid mortgaged premises. 6. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about November 30, 2001, Defendant was mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. § 101, et seq. A true and correct copy of said Notice is marked Exhibit "B", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendant is as follows: Principal $38,827.47 Interest through 3/6/02 $ 2,508.42 Late Charges $ 96.54 Bank Fees $ 40.00 Attorney's Fees (Prior Foreclosure) $ 1,350.00 Attorneys' Fees (Bankruptcy) $ 625.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $459947.43 plus interest on the principal sum ($38,827.47) from March 6, 2002, at the rate of $12.93 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $45,947.43, with interest thereon at the rate of $12.93 per diem from March 6, 2002 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, S1w1IT-I, DVPYV & CONNELLY LLP BY: Scott A. D'ette ck, Esquire Attorneys r Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A» r ? Uniform Parcel Ider,ication Parcel Number: (Space Above This Line For Recanting Dalai MORTGAGE THIS MORTGAGE ("Security Instrument") is given on this 26th day of August, 1998 The mortgagor is ROGER D. CRITES an unmarried man ("Borrower"). This Security Instrument is given to Eastern Savings Bank, fsb which is organized and existing under the laws of The United States of. America and whose address is 11350 McCormick Road, Ste. 200, Hunt valley, Mn 21031 Forty Thousand Five Hundred and 00/100 ("Lender"). Borrower awes Lender the principal sum of . Dollars (U.S. $40, 500.00 ). This debt is evidenced by Borrower's note dated file same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 24, 2018 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, ezlellsinns and modirl=tions of Ilse Nate; (b) the Payment of all other Bums, with Interest, advanced under perngrnph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland County, Pennsylvania( SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which has the address of 229 PEACH GLEN ROAD, GARDNERS Pennsylvania 17324 Izip Cade) ("Property Address"); PENNSYLVANIA-Single Family-FNMA/FHLM& UNIFORM INSTRUMENT Form 3039 9190 (M®6RIPAI,aa101,01 Amend S1 aoaK1477 racE1138 P.I. 1 AI a inmate VMP MORTGAGE FOAMS - 18001621 7291 98649 Returr to: EFS/t an(icsburg 4720 Ot,. _eet. bur$.ROad G L!=r Suite:+20,$)'.L[R Or ;)t.UC e Mechani Cghurg, PA 1 0 ,., '98 AUG 25 Pal 2 19 IStreo, City I. ':k e 4 'f "tf' A1L? 4V ..: ti N? TOGETHER WITH all the improvements now or hereafter erected on the property, all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (t) any sums payable by Borrower to Lender, in accordance with the provisions of paragraphs "o, in lieu of the payment of mortgage insura:nee premiums. These items, are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borr'ower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et Seq. ("'RESYA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amotuut. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates Of expenditures Of future Escrow Items or otherwise in accordance with applicable law. The Funds shaft be held in an institution whose deposits are insured by a federal agency, instrumentality, er entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applving the Funds, `annually analyzing the escrow acenunt, 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 read estate tax reporting service used by lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, (fiat interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Fluids, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The F,tnds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be field by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make Lip the deficiency. Borrower shall uurlce up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges (fire under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations inlhe manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. eooK 1477 PAGEii39 WSW. -6R(PA) 194101.03 a,Qa z of s Form 3039 9190 9yl ' Y^It:: , ,lC?' 5. Hazard or PropL Laurance. Borrower shall keep the improvements m. cisting or hereafter erected on the Property inpured 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 Under's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Under and shall include a standard mortgage clause. Lander shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Gander all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security world be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Under may use the proceeds to repair or restore the Property or to Pay sums secured by this Security Instrument, whether or not tl,en due. 'File 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount Of the payments. If under paragraph 21 the Properly is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to tiro 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, Preservalion, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Uridet's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 13, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurale information or statements to Lender (or failed to provide lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasebold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger ill writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which I,as priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action Under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursemept at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially 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, front an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve 40 sood477PAGEA40 -6RIPA7 941 W,03 r•a":r •1 a 3039 9/90 h? payments may no longer be ired, at the option of Lender, if mortgage insurance cov, : (in the amount and for the period that Lender, requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the slims secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the tacking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the lair market value of the Properly immediately before the taking is less than the amount of (lie sums secured immediately before the taking, unless BotTower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. If. 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 Under to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants Lind agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal awed under the Note or by making a direct payment to Borrower. If a refund reduces principal, Elie reduction will be treated as it partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class maiLunless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to BoITOWcr or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 4 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. e0ox1477PAGE1141 ?. ? -SR(PA) 194101.03 v.a.4 a e - 0rm 3039 9/90 r,. ILI 17. Transfer of the Prop., cy. or a Beneficial Interest in Borrower. If all or any part Or the Property or any interest in it is sold or trtmsferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, lender's rights in the Property and Borrower's obligation to pay the stuns secured by this Security inshvment shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured limeby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. - 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. "There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Fnvironmental taw" means federal laws and laws of the jurisdiction where the Property is located that relate to healthy safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree its follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nun-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all stuns secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shrill be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire tithe to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgmerl Borrower agrees that the interest rate payable after ajudgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. I)oifKi477NGdi42 ininaia: -fiR(PA)1a41ot.m paee 6at6 Form 3039 9190 b ' m „ y. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ? Adjustable Rate Rider C Condominium Rider ? 1-4 Family Rider F-1 Graduated Payment Rider Planned Unit Development Rider E] Biweekly Payment Rider El Balloon Rider Rate Improvement Rider El Second Home Rider i'J VA Rider Other(s) [specify] BY SIGNING BELO rowe ccepts and agrees to the terns and covenants contained in this Security Instrument and in any rider(s) execut y Borrower. recorded with it. A ROGER D. (Seal) Ce0j- . idence -Borrower -(Seal) Borrower _ (Seat) -Borrower _ (Seal) -Borrower do hereby certify that the correct address of the ' tin-nam geeis 11350 McCormick Road, Ste. 200, Hu MD 21031 Witness my hand this 24th day of 1 .4gen[ oL?s?ee arc( COMMONWEALTH OF PENNSYLVANIA, County 3s:r"•:: ti On this, the 24th day of Auaust 1998 before me, this personally appeared ROGER D. CRITES - known to me (or satisfactor. persons whose names are subscribed to t executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand My Commission Expires: Notarial Seal Beryl Milter-Eckrich, Ni Public U peer Allen TWp., Cum County U Commission Expires March 13,1999 Mga)tj,r, Pynrga,hra,0a As<.ncWrinn of Notaries -6R(PA) (9410).03 YtV; , ;n r F 1;.4? P.Q. a 0 a BOOK 1477 PAGEA43 Form 3039 9190 TAX PARCEL NO. 08-43-3408-018 ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty-one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One Hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edwards and wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, one Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF' BEGINNING. BEING he same premises which Bruce L. Camp, a single man by deed dated January 5, 1972 and recorded January 5, 1972 in the Office of the Recorder of Deeds for Cumberland County in Deed Book L-24 page 37, granted and conveye-d`t?o George C. Mortorff and Evelyn V. Mortorff, his wife wife as Tenants by the Entireties. State of Pennsylvania County of Cuiuberland II6 R;icor?.gd it the office for the recor ing of Deeds ect. ?t?and fl ?LYnp?herland County, gaKn/ in I '0111 L_ V rages ^, v traits s= my ha! :: Of offi i alisle, PA thj? day o 19_ BOOK 1477 rAGdi44 ?B{ i 5 ? 9r EXHIBIT "B" Rorer D. Crites 229 Peach Glen Road Gardners, PA 17324 ACT 91 NOTICE November 30, 2001 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION SAVE U HOME FROM Fur-D'.E CLOSURE This is an official notice that the mortgage on vour 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 HEMAPI may be able to help to save vour home This Notice explains how the program works To see i f HEN[AP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when you meet with the Counseling Agency The name, address and phone number of Consumer Credit Counseling A encies serving vour County are listed at the end of this Notice, If you have anv Questions. you may call the Pennsvivania Housing Finance Agency toll free at 1-800-34?-2397. (Persons with impaired 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 NOTIFICACION EN JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANTDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S) PROPERTY ADDRESS LOAN ACCT. NO.: ORIGINAL LENDER: Roger D. Crites 229 Peach Glen Road, Gardners, PA 17324 130986490 Eastern Savings Bank, FSB CURRENT LENDERiSERVICER: Eastern Savings Bank, FS.B HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SANE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR iNIORTG AGE PAYMENTS. AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEiMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOV MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT." EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desisnated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise you 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 speoific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU NILiST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available finds 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. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. i (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) j 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: 229 Peach Glen Road. Gardners. PA 17324 IS SERIOUSLY IN DEFAULT because: x YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due:monthly payment of $445.66 for the months of September 2001 through November 2001 for a total monthly payment amount of S 1,336.98. Other Charges: Late charges in the total amount of $44.56 and Appraisals in the total amount of 595.00. ' TOTAL AMOUNT PAST DUE: S1.476.54 HOW TO CURE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 1,476.54 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either by cash. cashier's check. certified check or money order made raavable and sent to: Eastern Savings Bank, FSB ATTN: Ellen Matanle 11350 McCormick Road, Suite 200 Hunt Valley, Maryland 21031 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the 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. If frill payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. 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 actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period You will not be required to pav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yQu still have the right to cure the default and prevent the sale at an time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due phis any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing anv other recuirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you have never defaulted. EARLIEST POSSIBLE 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 six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Eastern Savings Bank. FSB Address: 11350 McCormick Road, Suite 200. Hunt Vallev, MD 21031 Phone Number: 1-800-982-7114 Ext. 6059 Fax Number: 410-568-4567 Contact Person: Ellen Nlatanle 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 may or XXX 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 SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). + TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Consumer Credit Counseling Service of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Financial Counseling Services of Franklin 31 West 3`d Street Waynesboro, PA 17268 (717) 762-3285: Urban League of Metropolitan Harrisburg N. 6"' Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 YWCA of Carlisle 301 G. Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139--143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 In accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C. 31692(g), you may dispute the validity of this debt, or any portion thereof, if you do so in writing within thirty (30) days after receipt of this notice, If you dispute the validity of this debt or any portion thereof within this thirty-day period, this firm will provide you with written verification thereof, otherwise the debt will be assumed to be valid. Please be advised this is an effort to collect a debt. Any and all information obtained will be used for that purpose. re cc: Ellen Matanle, Eastern Savings Bank, FSB VERIFICATION I, Scott A. Dietterick, Attorney for Eastern Savings Bank, FSB, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. c? rll i l I ,t 1 4 rT -G r ? c? 471 1 ?-..i r? _E 7 a SHERIFF'S RETURN - REGULAR CASE NO: 2002-01157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS CRITES ROGER D BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CRITES ROGER D the DEFENDANT at 1348:00 HOURS, on the 14th day of March , 2002 at 229 PEACH GLEN ROAD GARDNERS, PA 17324 MARSHA CRITES, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this 1o day of Ivy xrbz A.D. Prothonota y So Answers: ?/ R. Thomas Kline i 03/15/2002 JAMES SMITH KIN CONNELLY By: 1 0, Deputy he iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION No.: 02-1157 CIVIL Plaintiff, vs. ROGER D. CRITES Defendant. I Hereby certify that the last known address ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF Eastern Savings Bank, FSB Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, vs. ROGER D. CRITES, Defendant. TO:PROTHONOTARY SIR/MADAM: CIVIL DIVISION NO.: 02-1157 Civil Term PRAECIPE FOR DEFAUATE IDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Roger D. Crites, in the amount of $22,211.90 which is itemized as follows: Principal $38,827.47 Interest through 4/16/02 $ 3,038.55 Late Charges $ 111.39 Bank Fees $ 40.00 Attorney's Fees (Prior Foreclosure) $ 1,350.00 Attorneys' Fees (Bankruptcy) $ 625.00 Court, Sheriff and Title Costs $ 2.500.00 TOTAL $46,492.41 Plus interest on the principal sum ($38,827.47) from April 16 2002, at the rate of $12.93 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SMIT4,NNELLY LLP By., Scott A. Di 'c Attorney for Plainti PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me thisday of ( j , 2002. Notary Public My Commission Expires: NOTARIAL SEAL MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, vs. ROGER D. CRITES, Defendant. NO.: 02-1157 Civil Term NOTICE OF ORDER DECREE OR JUDGMENT TO: Roger D. Crites ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $46,492.41 plus interest on the principal sum ($38,827.47) from April 16 2002, at the rate of $12.93 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. fees and costs and for foreclosure and sale of the mortgaged premises. man a P. Deputy Y a CASE NO: 2002-01157; 5tixxlr14 1J xniuxiv - xn;vui,tix COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EASTERN SAVINGS BANK FSB VS CRITES ROGER D BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CRITES ROGER D the DEFENDANT , at 1348:00 HOURS, on the 14th day of March 2002 at 229 PEACH GLEN ROAD GARDNERS, PA 17324 by handing to MARSHA CRITES, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this day of A. D. So Answers : R. Thomas Kline 03/15/2002 JAMES SMKIN jCO ELLY B: Depute iff P rothonotary . IN THE COURT OF COMMON PLEAS OF C" . . EASTERN SAVINGS B BERLAND ANg, FSB COUNTY, PENNSYLVANIA Plaintiff, CIVIL DIVISION vs. NO.: 02.1157 Civil Terra ROGER D. CRITES, ' Defendant TO: IMPORT Roger D. Crites ANTNOTICE 229 Peach Glen Gardn road ers, PA 17324 DATE OF NOTICE: AP ll 4, 2002 APPEARANCE RS?EFAULTBECAUSE COURT YOUR DEFEN ES LY OR By OR HAVE FAILED A OU. UNLESS YOU ACT OR OBJEC N pNRNEY AND FILE IN O ENTER A WRITTEN O THE CLAIMS SEWRRITING WITH Y 13E MAY LOSE YOUR PROPERTY ENTERED AG (10) DAYS FROM THE ORTH AGAINTSTE THIS NOTICE TO Yp OTHERST ypU DATE OF T CANNOT AFFORD OUR LA WyER AT ON IMPORTANT UTAHEAIZINGHIS NOTICE OUT WHE ONE, GO TO CE.OIF YOU D RIGHTS. YOU SHOULD YOU RE YOU CAN GET LEG R TELEPHNE O NOT AL HELP. THE Fp p A VE A LA WYERTORR A Cz OFFICE TO FIND Nnmt.,._ Cumberland LASE County g R REFERRA 2 Liberty Avenue ssociation Carlisle, PA 17013 Phone (717) 249. (800 3166 990-9108 EASTERN SAVINGS BANK, FSB, Plaintiff, vs. ROGER D. CRITES, Defendant. A. Roger D. Crites FECHA DEL AVISO: AVISOIMPORTANTE April 4, 2002 CIVIL DIVISION NO.: 02-1157 Civil Term USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME SO, SE P EN RO DE E DI TA LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVI SE N DE UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 1 JAI DATE: 4 `r OZ BY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y LLP P.O. Box 650 Hersey, PA 1 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (7 17) 533-32807033 Attorneys for Plaintiff C N n l tZ'1 ?Au cq N b • IN THE COURT OF CM-UN PLEAS OF C[1NBER1JM COUNTY, PENNSYLVANIA CIVIL DIVISION Eastern Savings Bank, FSB File No. 02-1157 Civil Amount Due $46,492.41 Plaintiff Interest fran 4/16/02 to d3te 11745.55 vs Cr MW Atty's Conn Roger D. Crites Costs Defendant TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE MR EXECUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) See Exhibit "A" attached. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s s a lis pendens against real estate of the defendant(s) described in the attached i . DATE : U Signature: Print Name: o A. iett i , Esquire Address: James, Smith, Durkin & Connelly, LLP P 0 Box 650, Hershey, PA 17033 Attorney for:Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 -73 G_ L \ C}7 -G LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" W J 7-Is . c CY C9a t? Ui QT? Form DIS-70(OfFcial Farm 18) (9/97) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In Re: CRITES, ROGER D 229 PEACH GLEN ROAD GARDNERS, PA 17324 Case Number. 01-06784RJW-1 Chapter. 7 Social Security No(s).: Debtor. 235-15-5542 Debtor DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: April 2, 2002 BY THE COURT 014404 1 1 Robert J. Woodside Chief United States Bankruptcy Judge SEE BACK SIDE OF THIS ORDER FOR IMPORTANT INFORMATION C C 70 z•'_ Z L . cr) CT", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 02-1157 Civil VS. ROGER D. CRITES, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 Eastern Savings Bank, FSB, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 229 Peach Glen Road, Gardners, Cumberland County, Pennsylvania 17324: 1. Name and Address of Owner(s) or Reputed Owner(s): ROGER D. CRI TES 229 Peach Glen Road Gardners, PA 17324 2. Name and Address of Defendant(s) in the Judgment: ROGER D. CRITES 229 Peach Glen Road Gardners, PA 17324 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: EASTERN SAVINGS BANK, FSB Plaintiff 4. Name and Address of the last record holder of every mortgage of record: EASTERN SAVINGS BANK, FSB BENEFICIAL CDC d/b/a BENEFICIAL MORTGAGE Plaintiff 419 Stonehenge Dr., Suite 2 Carlisle, PA 17013 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC Cumberland County Courthouse RELATIONS OFFICE One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. JAMES, SMITH DO" $ CONNELLY LLP DATED: e1Z BY: Sc6tt A DEfferick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C- N , l FTI rn cj? i cam- C: -r, ' i co `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, vs. ROGER D. CRITES, Defendant. NO.: 02-1157 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Roger D. Crites 229 Peach Glen Road Gardners, PA 17324 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania. 17013 on Wednesday, September 4, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 229 Peach Glen Road Gardners, PA 17324 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-1157 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Roger D. Crites A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE THE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, X)U]zKIN & CONNELLY LLP DATED: Z4 07 BY: ScotrA. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" r- v r? F ri :_,7 y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-1157 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due EASTERN SAVINGS BANK, FSBPLANTIFF(S) From ROGER D. CRITES, 229 PEACH GLEN ROAD, GARDNERS PA 17324. (1) You are directed to levy upon the property of the defendant(s) and to sell REAL ESTATE LOCATED AT 229 PEACH GLEN RORAD, GARNERS PA 17324 (SEE ATTACHED LEGAL DESCRIPTIO.) (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/are 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 $46,492.41 Interest FROM 4/16/02 - 9/4/02 $1,745.55 L.L. $.50 Due Prothy $1.00 Atty's Comm % Other Costs Arty Paid $107.59 Plaintiff Paid Date: APRIL 26, 2002 REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQ. CURTIS R. LONG Prothonotary, Civil Division By: Address: P O BOX 650 HERSHEY PA 17033 Attorney for: PLAINTIFF Telephone: (717) 533-3280 Supreme Court ID No. 55650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 02-1157 Civil vs. ISSUE NO.: ROGER D. CRITES, TYPE OF PLEADING: Defendant. Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Eastern Savings Bank, FSB, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, VS. ROGER D. CRITES, Defendant. NO.: 02-1157 Civil Term Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for Eastern Savings Bank, FSB, Plaintiff, being duly sworn according to law depose and make the following Affidavit regarding service of Plaintiffs Notice of Sheriffs Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: Defendant, Roger D. Crites, is the record owner of the real property. 2. On or about May 9,2 002, Defendant, Roger D. Crites, was served with Plaintiffs Notice of Sheriff s Sale of Real Property Pursuant to Pa.R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being, 229 Peach Glen Road, Gardners, Pennsylvania 17324. A true and correct copy of said Notice is marked Exhibit "A", attached hereto and made a part hereof. 3. On or about June 11, 2002, Plaintiff's counsel served all other parties in interest with Plaintiff's Notice of Sheriff s Sale according to Plaintiff's Affidavit Pursuant to Rule 3129.1, via First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that Defendant(s)/Owner(s) and all Other Parties of Interest were served with Plaintiff s Notice of Sheriff s Sale of Real Property in accordance with Pa. R.C.P. 3129.2. JAMES, SMITH, DURKIN & CONNELLY LLP r Dated: o?`t BY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Sworn to and subscribed before me this day of , 2002. - J:?? Notary Public MY COMMISSION EXPIRES: NOTARIAL SEAL 1. MICHELLE ELLIOTT, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, CIVIL DIVISION NO.: 02-1157 Civil vs. ROGER D. CRITES, Defendant. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO YT.Vervr? nr,r ,, _____ _ Roger D. Crites 229 Peach Glen Road Gardners, PA 17324 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 4, 2002, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 229 Peach Glen Road Gardners, PA 17324 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 02-1157 Civil Team THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Roger D. Crites A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMITH, ,A)U?K & CONNELLY LLP DATED: 140 - Z, BY: Scott'A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at comer of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet M to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, VS. ROGER D. CRITES Defendant. NO.: 02-1157 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129fb1 -- TO: Beneficial CDC d/b/a Beneficial Mortgage 419 Stonehenge Drive, Suite 2 Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:30 a.m., the following described real estate which Roger D. Crites, is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 229 Peach Glen road Gardners, Pemnsylvania 17324 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGERT D. CRITES, Defendant(s). at EX. NO. 02-1157 Civil in the amount of $46,492.41, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & CONNELLM LLP -- Dated: 6 Z By: 1 r Scott A. Dietter ck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, VS. ROGER D. CRITES Defendant. NO.: 02-1157 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST -- PURSUANT TO Pa.R.C.P. 3129(b) TO: Cumberland County Tax Claim Bureau Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:30 a.m., the following described real estate which Roger D. Crites, is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of. 229 Peach Glen road Gardners, Pennsylvania 17324 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGERT D. CRITES, Defendant(s). at EX. NO. 02-1157 Civil in the amount of $46,492.41, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. - Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. JAMES, SMITH, DURKIN & Dated: b , i' 02 By:_ z r Scott A. iette 'ck, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, VS. ROGER D. CRITES Defendant. NO.: 02-1157 Civil NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129M) TO: Cumberland CouWty Domestic Relations Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, Pennsylvania 17013 on September 4, 2002 at 10:30 a.m., the following described real estate which Roger D. Crites, is the owner or reputed owner and on which you may hold a lien or have an interest which could be affected by the sale of: 229 Peac6Glen road Gardners, Pennsylvania 17324 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGERT D. CRITES, Defendant(s). at EX. NO. 02-1157 Civil in the amount of $46,492.41, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriff s Sale or this Notice, you should contact your attorney as soon as possible. JAMES, 6DURKINN CONNEDated: By: Scott A, qPA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to a compass survey in 1962, as follows, to wit: BEGINNING at a point in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear to Bendersville, at corner of lands now or late of the Grantee; thence by the center of said road, North Sixty- one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point; thence by land now or late of Kenneth Garner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin; thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixty-eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being known and numbered as 229 Peach Glen Road, Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184, Page 128, granted and conveyed unto Roger D. Crites, Unmarried. Parcel No.: 08-43-3408-018 Exhibit "A" Affix in ggmps ;and PO aster f u, t s# PS Form 3817, Mar. 1989 / 715 - - -"-Z.`ERTIFfC-ATE OF-MAILfIVG - t osta a and U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: N(} r f > i . NECESSARY P0,1s'? 1,i'f3PAID BY DAMES, S?v YTH. !' UIZKIN & CONNELLY LLP 17033-0650 One piece of ordinary mail addressed to: ?,¢ 1 6) 3 U.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -,?: s --n 1,41, C SSARA NO '1"_11?wZ POS 3.'.._,Iit .IM MD BY 1AMES, SNIITII) DURKIN 0 RD ncll? 650 HrRS?EY. r iki15`f'L,VA 11p 17033-0650 One piece of ordinary mail addressed to: -72 or me ter p g post mark. Ingt11r9 of Postmaster.forcurrent - fee. p \.`1 E RSH?r ?k r ?n f?41 PS Form 3817, Mar. 14989 C? V U.S. POSTAL SERVICE CERTIFICATE OF MAILING -4 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR I NSURANC E-POSTMASTER Received From vLCESSARY G ";PAID BY )4 , , r' IT xAMES, S';%I I I, ?jRKIN & CONNELLYLLP 9 5X 656 H p', - 1V,ANIA 17033-0650 C?e piece of ordinary mil addressed to: / -1 7 v13 PS Form 3817, Mar. 1989 CA-L`4c-j I h -- Cy ?- c; si c? 1, : P R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing $ Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Advance Costs: 150.00 Sheriff's Costs: 47.32 18.00 102.68 .92 .50 1.00 Refunded to Atty on 9/06/02 6.90 20.00 0 A. Sworn and Subscribed to before me This 9 ¢' day of , . . q- 2002 A.D. ,, pT7 Pro onotary su So Ans ers• R. Tho as Kline, Sheriff ?r4 By g t V O ?S° fl ,?a8b4? U?, ?a93??,?rt WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N002-1158 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due YELLO BOOK USA INC Plaintiff (s) From THE BOLI FACTORY INC 50 WEST MAIN STREET, MECHANICSBURG PA 17055- 6249 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANTS, ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE NAMED DEFENDANT (2) (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 gamishee(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 $ 1,520.60 L.L.$0.50 Interest STATUTORY INT FROM 3/07/02 $40.22 Arty's Comm % Due Prothy $1.00 Arty Paid $32.50 Other Costs Plaintiff Paid Date: AUGUST 13 2002 CURTIS R. LONG Prothon tary (Seal) o By: CJ?y?PO ' Deputy REQUESTING PARTY: Name RONALD AMATO ESQ Address: 107 NORTH COMMERCE WAY, BETHLEHEM PA 18017-8930 Attorney for: PLAINTIFF Telephone: (610)866-0400 Supreme Court ID No. 32323 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, NO.: 02-1157 Civil Term VS. ROGER D. CRITES, Defendant. PETITION TO CANCEL MOBILE HOME TITLE AND NOW, comes the Plaintiff, Eastern Savings Bank, FSB, by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Petition to Cancel Mobile Home Title as follows: 1. Plaintiff by Complaint, instituted foreclosure proceedings at the above-captioned term and number ("Complaint") against the Defendant's real property located at 229 Peach Glen Road, Gardners, Pennsylvania 17324 and as more particularly described in Plaintiff's Complaint ("Mortgaged Premises"). 2. Judgment in Mortgage Foreclosure was entered in favor of Plaintiff and against Defendant on April 17, 2002 and sheriff sale of the Mortgaged Premises is scheduled for December 2, 2002 ("Sheriff Sale"). 3. Situate on the Mortgaged Premises is a Hill Crest mobile home, 12' x 65' ("Mobile Home"). Said Mobile Home is permanently attached to a concrete foundation and contains a 12' x 16' addition on the rear right side and an 8' x 30' covered front porch. 4. Plaintiff's Mortgage (as defined in the Complaint) is a first priority mortgage lien against the Mortgaged Premises and all improvements erected thereon. A true and correct copy of a recent title report for the Mortgaged Premises is marked Exhibit "A", attached hereto and made a part hereof. 5. Under Pennsylvania law, a mobile home is personal property, separately titled from the real property on which it is located, unless a mobile home sits on a permanent foundation and the title is cancelled. Then, it is considered an improvement to the real property upon which it is located. 6. The Defendant has surrendered possession of the Mobile Home to Plaintiff and claims no further interest in same. 7. Upon Plaintiff's inspection of the Mobile Home, it appears that the Vehicle Identification Number for the Mobile Home has been removed. 8. A search of the records of the Pennsylvania Department of Transportation found no record of title for the Mobile Home or of any title under the name of Defendant. A true and correct copy of said search is marked Exhibit "B", attached hereto and made a part hereof. 9. Plaintiff believes and therefore avers, that no title exists for the Mobile Home. 10. Consequently, Plaintiff believes that it is entitled to have title to the Mobile Home deemed to be cancelled, thereby permitting Plaintiff to sell the Mobile Home as an improvement to the Mortgaged Premises at the scheduled Sheriff Sale. 11. Defendant, the Commonwealth of Pennsylvania Department of Transportation, and all lienholders of record against the Mortgaged Premises have been served with this Petition and upon issuance of a Rule, will be provided an opportunity to be heard on the issue of title to the Mobile Home. 12. The interest of Plaintiff pursuant to its Mortgage will be greatly prejudiced if title to the Mobile Home is not deemed cancelled, since the loan made by Plaintiff to Defendant was based, in part, upon the value of the Mobile Home permanently affixed to the Mortgaged Premises, and it would cost significant sums for Plaintiff to remove the Mobile Home from the permanent foundation following Sheriff Sale. 13. No other parties will be prejudiced by the relief requested in this Petition because no title to the Mobile Home appears to exist, the Mobile Home, due to its permanent foundation, cannot be removed from the Mortgaged Premises as a separate item of personal property and no identification numbers for purposes of title remain on the Mobile Home. WHEREFORE, Plaintiff respectfully request that this Honorable Court deem title to the Mobile Home permanently affixed on the Mortgaged Premises cancelled and direct the Sheriff to announce that the Mobile Home is being sold as part of the Mortgaged Premises at the Sheriff Sale presently scheduled for December 2, 2002 at the above-captioned term and number. Respectfully Submitted: JAMES, SM1rlji, DURKIN & CONNELLY LLP DATE: 00 BY: Scott Xq!YtMterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 EXHIBIT "A" tj,S- PROBIrcklY a APPRAISAL -gtkVICFS C6RP, p.0- sox 18488, V177SBURGH, PA 152A2.0786 FILE COPY ABSTR: 43378 FAX# Tela hwir Ntj:,:';i D 71,7-533-2795 412.220.8410 FAX Numbor 412.220-8466 ----- CLIENT: 26664 ----- -- APPLICANT INFO .......... JAMES SMITH,DURKJN & CONN ROCER D. CRITES REBEC6A RAY PO BOX 650 229 PEACH GLEN RD HERSHEY PA 17033 GARDNERS, PA 17324 REF: 01-4962 SHELLY ELLIOTT DATE: 5/13/2002 FILE 205.01826 COUNTY: CUMBERLAND ------------------------------ ------- ----------------------------------- .-...--------- 5/17 1641. PROPERTY REPORT PAGE 1 ------------- -- --------------------- ----------- - ------------- ------------ ASSESSMENT LOCK/LOT #: OCATION, AND/DESC: 14PROVFMENTS GRANTEE/S (.BUYER) GRANTOR/S CONVEYS: CUMBERLAND COUNTY PARCEL OF LAND PARCEL 08-43-3408-01-8 BUILDING DICKINSON TOWNSHIP DEEDS_ ROGER D. CRITES, AN UNMARRIED MAN EVELYN V, MORTORFF, WJDOW PARCEL OF LAND DATED RECORDED: DBV/PG: 08/24/1998 08/2,5/1998 1.84-128 MORTGAGES MORTGAGE O) EASTERN SAVINGS BANK, FSB 11350 MCCORMJ.CK RD, STE 200 HUNT VALLEY, MD 21031 --------> DATED: RECORDED: M.BV .PG' 08/24/1998 08/25/'1.998 1477-1138 MORTGAC,F 02 BENEFICIAL CDC b/B/A BENEFICIAL MORTGAGE 419 STONEHEDGE DR, SUITE 2 CARLISLE. PA 17013 > DATED: RECOMM: MBV/PG: ]0/17/2000 10/18/2000 1645-1012 OPEN END MORTGAGE J UDG14ENTS NUMBER: ----- FILE DATE AMOUNT 2002-1157 03/07/2002 $46,492.42 PL.F,INTIrl.: EASTERN SAVINGS BANK FSB 11350 MCCORMICK RD HUNT VALLEY, MD 21.031 DEFENDANT: ROBER'T' D. CRITES *CASE CANCELLED DUE TO DEBTOR 11J..ING BANXRUPTCY* $17,640.00 CONSIDERATION $47,000,00 AMOUNT $40,500.00 AMOUNT $26,812.11 The Information provided above ir, a. Present Gra,n.tor./GYantee Search Transaction, forwarded to the date. indicated on this report. The. Information contained herein is not a. Title Search and should not be consi.de.,'ed as a Title Insurance Policy or any other form of Title Guarantee. u.S. PROPERTV & APPAA1SAL SER..CES CORP. P.O. BOX 16486, PITTSBURGH, PA 1524,2-0786 FILE COPY PAX# Tel§phnne Number D 71'7-533-2795 412.220.8410 FAX Number 412.220.0466 ----- CLIENT: 26664 - --------- APPLICANT: INFO -------- JAMES,SMITH,DURKIN & CONN ROGER D. CRITES REBECCA RAY PO BOX. 650 229 PEACH CL. rN RD HERSHEY PA 17033 CAPONER5, PA 17324 REF: 01-4962 SHELLY ELLIOTT FILE {J 205-01826 DATE; 5/13/2002 COUNTY- CUMBERLAND -------------- ---------------------------------------- 641 PROPERTY REPORT PAGE 2 --- ------------------ ----------------------------------------------- TAXES (CONTINUED) iUMBEtt: FILE DATE AMOUNT >ELINQUkNT $262.09 'AX Dn CRIPTION ----> 2001 SCHOOL PLUS INTEREST AnA TIONAL INFORMATION NOTE: THIS REPORT IS SUBJECT; TO POSSIBLE OUTSTANDTNG LIENS FOR CHILD AND SPOUSAL SUPPORT ARREARAG'E. WE HAVE CONDUCTED A JUDGMENT S1'%ARCH IN THE APPLICANTXBORROWERS NAMES GIVEN IN THE APPLICABLE COUNTY. JUDGMENTS IN THIS REPORT MAY OR MAY NOT BE APPLICABLE TO YOUR APPLICANT/,,BORROWER. IF, APPLICANTU/BORROWER INDICATESTTH.ATATHL'AREPORTEDPJJUDGMENTSOARE NOT APPLICABL$, TUFN YOU MAY CONSIDZR ACCEPTING THEIR AFFIDAVIT, REPORT EFFECTIVE THOU 05/07/02 ThDATE/TIME a. CMPLETED: forwarded to the date indicated on this report-, The Information contained herein is noL a Title Srarrh and should not be considered as a Title Insurance Policy or any other form of Title Gua.rantec. EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION SAFETY ADMINISTRATION HARRISBURG, PA 17123 9/17/02 JAMES SMITH DURKIN & CONNELLY 134 SIPE AVENUE HUMMELSTOWN PA 17036-0000 Dear Customer: 022600706000428 001 The Bureau of Motor Vehicles has received your request for information. We are not able to provide this information because the record you requested, as indicated below, does not exist in our files. NAME : CRITES,ROGER D If you have any questions concerning this information, please contact Vehicle Record Services at the address or telephone number listed below. Sincerely, Customer Service Team Bureau of Motor Vehicles ADDRESS CORRESPONDENCE TO: Department of Transportation Vehicle Record Services PO Box 68691 Harrisburg, PA 17106-8691 INFORMATION: (7:00 AM TO 9:00 PM) IN STATE 1-800-932-4600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 www.dot.state.pa.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, vs. ROGER D. CRITES, Defendant. NO.: 02-1157 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct?,o y of the fo go.n Petition to Cancel Mobile Home Title was served on the following this cc{{?? day of 2002, via First Class U. S. Mail, Postage Pre-paid: Roger D. Crites 229 Peach Glen road Gardners, PA 17324 Robert L. O'Brien, Esquire 17 East South Street Carlisle, PA 17013 JAMES, SMTAH, DVRKJ?t& CONNELLY LLP BY PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VERIFICATION L G. C. KULIKa^7SKI ASSISTANT VICE PRESIDENT (title), on behalf of Eastern Savings Bank, FSB, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Petition to Cancel Mobile Home Title are true and correct to the best of my information, knowledge and belief. -!?I- -Lu-sZ\-L -?_j Name:6. C Title:_ A.S 6T Tn virp. PFSIDENT n ? ? r' _. } <Y ? ?' ? ? N -, ?-' ?1,? C:? .. C7 ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, CIVIL DIVISION Plaintiff, vs. ROGER D. CRITES, Defendant. NO.: 02-1157 Civil Term 1 RULE AND NOW, this z,S I In day of October, 2002, a Rule is hereby issued upon the Defendant, the Commonwealth of Pennsylvania Department of Transportation, Beneficial CDC d/b/a Beneficial Mortgage and the Cumberland County Tax Claim Bureau to show cause why the relief requested in Plaintiff's Petition to Mark Mobile Home Title Cancelled should not be granted. Rule returnable 2 C> days from the date of service. BY THE COURT: J. c w e N P F{? R H " j ll?r f1 i VI l?.V ? 1? Qi?"I P `Ju ' u DIVCOUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, EASTERN SAVINGS BANK, FSB, NO.. 02-1157 Civil Term Plaintiff, VS. ROGER D. CRITES, Defendant. CERTIFICATE OF SERVICE ed hereby certifies that a true and correct copy of the fore-going Octoberand The undersign this 29th day Petition to Cancel Mobile Home Title was served on the following 2002, via First Class U. S. Mail, Postage Pre-paid: Roger D. Crites 229 Peach Glen road Gardners, PA 17324 Robert L. O'Brien, Esquire 17 East South Street Carlisle, PA 17013 JAMES, BY & CONNELLY LLP PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 c> ?--: c? - _? ;;rr s ... ?? r ?-? '. _ ? C.. -'_ r-" :?... - ? t t _= ORDER/NOTICE TO WITHHOLD INCO?M/E /FOR SUPPORT State Commonwealth of P nn ylvania A w. "200,;t -/ pg7 `/U`c 0 Original Order/Notice ?, Co./City/Dist. of CUMBERLAND f ks 17 -v6 7 0 Amended Order/Notice Date of Order/Notice 10/24/02 6e 3,?X/5/ O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CLEAN VENTURE/CYCLE CHEM 201 S 1 ST ST ELIZABETH NJ 07206-1502 RE: LEEN, TIMOTHY A. Employee/Obligor's Name (Last, First, MI) 201-52-4340 Employee/Obligor's Social Security Number 7939101023 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 297.00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Q yes ® no $ 0. 00 per month in medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 297. 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If.your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 68.54 per weekly pay period. $ 137. oa per biweekly pay period (every two weeks). $ 148.50 per semimonthly pay period (twice a month). $ 297. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/ED], please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: i'> c j ) -) cct> 3 : SGtY Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckefl you are required to provide gopy of this form to your mployee. If yo r employee works in a state that is di erent Trom the state that issued this or er, a copy must be provi, to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment e each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* state of the employee's/obligor's principal place of employment with respect to the time periods within which you mpustVimplemen the the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 9430908980 EMPLOYEE'S/OBLIGOR'S NAME: LEEK TIMOTHY A. EMPLOYEE'S CASE IDENTIFIER: 7939101023 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have an questions,, RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsu pportstate. pa.us Service Type M Page 2 of 2 Form EN-028 OMB No.: 09760154 WorkerID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LEEN, TIMOTHY A. PACKS Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Child(ren)'s Name(s): Attachment Amount $ o.oo Service Type M DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Child(ren)'s Name(s): Attachment Amount $ 0.00 Addendum OMB No, 0970-0154 DOB Form EN-028 Worker ID $IATT '{ G:1 CD ? TIMOTHY A. LEEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-1884 CIVIL TERM BRENDA S. LEEN, IN DIVORCE Defendant/Petitioner DR# 32151 Pacses# 147104946 ORDER OF COURT AND NOW, this 25s' day of October, 2002, based upon the Court's determination that Petitioner's monthly net income%arning capacity is $653.38 and Respondent's monthly net income/earning capacity is $2,437.65, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $297.00 per month payable monthly as follows; $297.00 for alimony pendente lite and $0.00 on arrears. First payment due October 25, 2002. Arrears set at $297.00 as of October 24, 2002. The effective date of the order isOctober 24, 2002. This order is based upon Rule 1910-16-4(E). Defendant has the care and custody of the parites' two children. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa. C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Brenda S. Leen. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 59% by the respondent and 41% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. ShM&y Mailed copies on 10-25-02 to: < Petitioner Respondent John Purcell, Esquire Samuel Andes, Esquire BY THE COURT, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION BRENDA S. LEEN ) Docket Number 02-1884 CIVIL Plaintiff ) vs. ) PACSES Case Number 147104946 TIMOTHY A. LEEN ) Defendant ) Other State ID Number NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until NOVEMBER 7, 2002 to request a hearing de novo before the Court. File requests in person at: DOMESTIC RELATIONS SECTION 13 NORTH HANOVER STREET CARLISLE PA 17013 or mall to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Form OE-522 Type M Worker ID 21208 c? - T,c' n to NOV 2 5 2002 b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN SAVINGS BANK, FSB, Plaintiff, VS. ROGER D. CRITES, Defendant. CIVIL DIVISION NO.: 02-1157 Civil Term ORDER OF COURT AND NOW, thisa 7 'day of u ; 2002, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED, ADJUDGED and DECREED that the Rule issued on October 25, 2002 is made absolute and the title to the Mobile Home is deemed permanently affixed on the Mortgaged Premises with the title hereby cancelled and the Sheriff is directed to announce that the Mobile Home is being sold as part of the Mortgaged Premises at the Sheriff' Sale presently scheduled for December 4, 2002 at the above-captioned term and number. J. IZ-2-oa R ?v Q?yY?Q.D Smki buVI'l i Q ? Canne-Ll f E) I QRNeK) ViNanv sNN3d AiNinoo , k.!,ri::1- ynno iz :01 WV Z-:330 Zo ,. 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Greenfield Inv Inc is the grantee the same having been sold to said grantee on the 4th day of Dec A.D., 2002, under and by virtue of a writ Execution issued on the 26th day of April, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 1157, at the suit of Eastern Savings Bank FSB against Roger D Crites is duly recorded in Sheriff's Deed Book No. 255, Page 337. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a3," day of 4-k-r-, , A.D. 2002 of Deeds ROOM r of o«e., cu WrM cNWro, PA My COMMW «, EVWN nN FW=l or Jan. zoos Eastern Savings Bank, FSB VS Roger D. Crites In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-1157 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 9, 2002 at 8:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Roger D. Crites, by making known unto Roger D. Crites personally, at 229 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 3, 2002 at 9:07 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Roger D. Crites located at 229 Peach Glen Road, Gardners, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Roger Crites, by regular mail to his last known address of 229 Peach Glen Road, Gardners, PA 17324. This letter was mailed under the date of July 09, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on December 4, 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott A. Dietterick for Greenfield Investments, Inc. It being the highest bid and best price received for the same, Greenfield Investments, Inc. of 11350 McCormick Road, Suite 200, Hunt Valley, MD 21031, being the buyer in this execution paid Sheriff R. Thomas Kline the sum of $770.45, it being costs. Sheriffs Costs: Docketing 30.00 Poundage 15.11 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.56 Certified Mail 4.93 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Journal 274.70 Patriot News 212.95 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $770.45 Sworn and Subscribed to Before Me S?s er This b 'i- Day of f, -tZ'-r? r P R. Thomas Kline, Sheriff 200), A.D. Prothonotary BYcJc (L Real Estate eputy C,dP 3b ?? ? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin; ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 23rd and 30th day(s) of July and the 6th day(s) of August 2002. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company, and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Sworn to and me his 14th day/ef Au?yustJ2002 A.D. S A L E #8 Notarial Seal t Public , REAL ESTATE SALE No.8 Terry L. Russell, No ary City Of Harrisburg, Dauphin County Writ No. 2002-1157 Civil Term L My Commission Expires June 6, 2006 NRY PUBLIC Eastern Savings Bank, FSB vs Member, Pennsylvania Association Of Notaries My commission expires June 6 2006 Roger D. Crites , Atty: Scott A. Dietterick DESCRIPTION CUMBERLAND COUNTY SHERIFFS OFFICE ALL THAT CERTAIN lot, parcel, piece of ground CUMBERLAND COUNTY COURTHOUSE situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described CARLISLE, PA. 17013 according to a compass survey in 1962, as follows, `owit: BEGINNING t i Statement of Advertising Costs a a po nt in the center of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Goodyear To THE PATRIOT-NEWS CO., Dr. to Bendersville, at comer of lands now or late of For publishing the notice or publication attached the Grantee; thence by the center of said road, North Sixty-one (61) degrees Ten (10) minutes hereto on the above stated dates $ 21 1 .20 East, One Hundred Fifty (150) feet to a point: Probating same Notary Fee(s) $ 1 75 thence by land now or late of Kenneth Gamer, South Thirty (30) degrees Fifty (50) minutes East . Total $ 212.95 , One hundred Sixty-eight (168) feet to an iron pin; thence by land now or late of Philetus W. Edward and Wife, now or late of Larry Stamer, South Publisher's Receipt for Advertising Cost Sixty-one (61) degrees Ten (10) minutes West, one Hundred-Fifty ( feet to iron pin; o., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general thence by said other land and of the Gra antee, North Thi j g e receipt of the aforesaid notice and publication costs and certifies that the same have rty-one (31) degrees West, One Hundred Sixty- eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwelling house being k By nown and numbered as 229 Peach Glen Road """"""""""" , Gardners, Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff, Widow, by her deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184 , Page 128, granted and conveyed unto Roger D, Crites, Unmarried. Parcel No.: 08-43-3408-018. r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Roger M. Morgenthal, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 26, AUGUST 2, 9, 2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 8 Writ No. 2002-1157 Civil Eastern Savings Bank, FSB vs. Roger D. Crites Atty.: Scott A. Dietterick EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel, piece of ground situate in Dickinson Township, Cumberland County. Pennsylvania, bounded and de- scribed according to a compass sur- vey in 1962, as follows, to wit: BEGINNING at a point in the cen- ter of the public road leading from Goodyear to Peach Glen, also known as the public road leading from Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 9 day of AUGUST, 2002 LOIS E. SWDM Notary Pd* Casie Boro, OurnbeftW Cou* My Cwr"m Expires March 5, Goodyear to Bendersville, at corner of lands now or late of the Grantee: thence by the center of said road, North Sixty-one (61) degrees Ten (10) minutes East, One Hundred Fifty (150) feet to a point: thence by land now or late of Kenneth Gar- ner, South Thirty (30) degrees Fifty (50) minutes East, One hundred Sixty-eight (168) feet to an iron pin: thence by land now or late of Phile- tus W. Edward and Wife, now or late of Larry Starner, South Sixty-one (61) degrees Ten (10) minutes West, One Hundred Fifty (150) feet to an iron pin: thence by said other land of the Grantee, North Thirty-one (31) degrees West, One Hundred Sixv, - eight (168) feet to THE PLACE OF BEGINNING. HAVING thereon erected a dwell- ing house being known and num- bered as 229 Peach Glen Road. Gardners. Pennsylvania 17324. BEING the same premises which Evelyn V. Mortorff. Widow, by her Deed, dated August 24, 1998, and recorded August 25, 1998, in and for Cumberland County, in Deed Book Volume 184. Page 128. granted and conveyed unto Roger D. Crites. Unmarried. Parcel No.: 08-43-3408-018. ki