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HomeMy WebLinkAbout06-5700IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, NO.: C?C? " S?? nCJZ Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: The Legacy Bank, a division of First National Bank of Pennsylvania, Plaintiff TO: DEFENDANT(S) COUNSEL OF RECORD FOR THIS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE PARTY: ENCLOSED 4VOMPLAINT WITHIN TWENTY (20) DAYS FROM SER MAY BE El A T JUDGMENT Scott A. Dietterick, Esquire I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 532-534 Main Street Johnstown, PA 15901 AND THE DE NDANT(S): 257 North " ee Camp Hill, i ATTORNEE FtpR PININTIFF CERTIFICAT OF LOCATION I HEREBY IFY T TION OF THE REAL T BY HIS LIEN IS 257 North e , ill, A 17011 Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ATTORNEY UR PLVNQTIPF IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: 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. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.. vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. 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 ABOGADO 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: el U?rv vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes The Legacy Bank, a division of First National Bank of Pennsylvania, by its attorneys, James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is The Legacy Bank, a division of First National Bank of Pennsylvania, which has its principal place of business at 532-534 Main Street, Johnstown, Pennsylvania 15901. 2. The Defendants, Christopher R. Silva and Amy L. Silva, are adult individuals whose last known address is 257 North 24th Street, Camp Hill, Pennsylvania 17011. 3. On or about April 30, 2004, Cotton Traders, Inc. executed a Note in favor of Plaintiff in the original principal amount of $100,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. Or or about April 30, 2004, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff certain Guarantees, unconditionally becoming surety for the payment of the note. True and correct copies of said Guarantees are marked Exhibit "B", attached hereto and made a part hereof. 5. On or about April 30, 2004, as security for payment of the aforesaid Guarantee, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $100,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 6, 2004, in Mortgage Book Volume 1864, Page 2699. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "C", attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Guarantees and Cotton Traders, Inc. is in default under the Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about August 14, 2006, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices 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. True and correct copies of said Notices are marked Exhibit "D", attached hereto and made a part hereof. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $89,536.55 Interest through 8/7/06 $ 5,579.85 Late Charges $ 278.64 Attorney's Fees $14,309.25 TOTAL $109,704.29 plus interest on the principal sum ($89,536.55) from August 7, 2006, at the rate of $27.3583 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. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $109,704.29, with interest thereon at the rate of $27.3583 per diem from August 7, 2006 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the JAMES SN*"WIE'YTTRIQ" CONNELLY LLP BY: It k It V Scott A tten squire Attorneys for 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" 11.1 Small Business AdminlstraUon U.S. Small Business Administration NOTE SBA Loan # LDP 737933 4006 SBA Loan Name Cotton Traders, Inc. Date April 30, 2004 Loan Amount 100,000.00 Interest Rate Wall Street Journal Prime + 2.75% Borrower Cotton Traders, Inc. Operating Company Lender The Legacy Bank 1. PROMISE TO PAY: In return for the Loan, Borrower promises to pay to the order of Lender the amount of ONE HUNDRED THOUSAND AND NO/100"-......... "*..- interest on the unpaid principal balance, and all other amounts required by this Note. 2. DEFINITIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note. "Loan" means the loan evidenced by this Note. "Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. Dollars, SBA Form 147 (06103/02) Version 4.1 Page 1/6 Bankers Systems, Inc., St. Cloud, MN 3. PAYMENT TERMS: Borrower must make all payments at the place Lender designates. The payment terms for this Note are: The interest rate on this Note will fluctuate. The initial interest rate is 6.75% per year. This initial rate is the prime rate on the date SBA received the loan application, plus 2.750%. The initial interest rate must remain in effect until the first change period begins. Borrower must pay a total of 6 payments of interest only on the disbursed principal balance beginning one month from the month this Note is dated and every month thereafter; payments must be made on the 1st calendar day in the months they are due. Borrower must pay principal and interest payments of $1,587.00 every month, beginning seven months from the month this Note is dated; payments must be made on the 1 st calendar day in the months they are due. Lender will apply each installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted calendar quarter (the "change period"). The "Prime Rate" is the prime rate in effect on the first business day of the month in which an interest rate change occurs, a published in the Wall Street Journal on the next business day. The adjusted interest rate will be 2.75% above the Prime Rate. Lender will adjust the interest rate on the first calendar day of each change period. The change in interest rate is effective on that day whether or not Lender gives Borrower notice of the change. Lender must adjust the payment amount at least annually as needed to amortize principal over the remaining term of the note. If SBA purchases the guaranteed portion of the unpaid principal balance, the interest rate becomes fixed at the rate in effect at the time of the earliest uncured payment default. If there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. All remaining principal and accrued interest is due and payable 7 years from date of Note. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5% of the unpaid portion of the regularly scheduled payment. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time without notice. If Borrower prepays more that 20 percent of the Loan and the Loan has been sold on the secondary market, Borrower must: a. Give Lender written notice: b. Pay all accrued interest; and attached page. SBA Form 147 (06/03/02) Version 4.1 Page 2/6 Bankers Systems, Inc., St. Cloud, MN SBA .47: Note Page 2 Continuation Continuation of "..." c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21'days interest from the date Lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above. If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new notice. Page 1 Bankers Systems, Inc., St. Cloud, MN 4. DEFAULT: Borrower is in default under this Note if Borrower does not make a payment when due under this Note, or if Borrower or Operating Company: A. Fails to do anything required by this Note and other Loan Documents; B. Defaults on any other loan with Lender; C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds; D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E. Makes, or anyone acting on their behalf makes, a materially false or misleading representation to Lender or SBA; F. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrower's ability to pay this Note; G. Fails to pay any taxes when due; H. Becomes the subject of a proceeding under any bankruptcy or insolvency law; 1. Has a receiver or liquidator appointed for any part of their business or property; J. Makes an assignment for the benefit of creditors; K. Has any adverse change in financial condition or business operation that Lender believes may materially affect Borrower's ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lender's prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrower's ability to pay this Note. 5. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require immediate payment of all amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor; C. File suit and obtain judgment; D. Take possession of any Collateral; or E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement. 6. LENDER'S GENERAL POWERS: Without notice and without Borrower's consent, Lender may: A. Bid on or buy the Collateral at its sale or the sale of another lienholder, at any price it chooses; B. Incur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental remediation costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C. Release anyone obligated to pay this Note; D. Compromise, release, renew, extend or substitute any of the Collateral; and E. Take any action necessary to protect the Collateral or collect amounts owing on this Note. SBA Form 147 (06/03/02) Version 4.1 Page 3/6 Bankers Systems, Inc., St. Cloud, MN 7. WHEN FEDERAL LAW APPLIES: When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law. 8. SUCCESSORS AND ASSIGNS: Under this Note, Borrower and Operating Company include the successors of each, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A. All individuals and entities signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. D. Lender may exercise any of its rights separately or together, as many times and in any order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them. E. Borrower may not use an oral statement of Lender or SBA to contradict or alter the written terms of this Note. F. If any part of this Note is unenforceable, all other parts remain in effect. G. To the extent allowed by law, Borrower waives all demands and notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain a lien upon Collateral; impaired Collateral; or did not obtain the fair market value of Collateral at a sale. SBA Forth 147 (06/03/02) Version 4.1 Page 4/6 Bankers Systems, Inc., St. Cloud, MN 10. -STATE-SPECIFIC PROVISIONS: WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By si ni iat low, I agree to the t of the CONFESSION OF JUDGEMENT section. ristopher . Silva, President '30/ a Date SBA Form 147 (06/03/02) Version 4.1 Page 5/6 Bankers Systems, Inc., St. Cloud, MN -1,31 R 334 40 \o 10'31-?qq \Cl 11. BORROWER'S NAME(S) AND SIGNATURE(S): By,signing below, each individual or entity becomes obligated under this Note as Borrower. Cotton Traders. Inc. April 30, 2004 V ?'.?Fiy9e,,i,,,E? y?i*al6 beWce to of has bow C4CYiAi51C ed o a R for vaks. 3-?1-ao4S Date SBA Form 147 (06/03/02) Version 4.1 Page 6/6 Bankers Systems, Inc., St. Cloud, MN EXHIBIT `B" U.S. Small Business Administration U.S. Small Business Administration UNCONDITIONAL GUARANTEE SBA Loan # LDP 737933 4006 SBA Loan Name Cotton Traders, Inc. Guarantor Christopher R. Silva Borrower Cotton Traders, Inc. Lender The Legacy Bank Date April 30, 2004 Note Amount 100,000.00 1. GUARANTEE: Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note. This Guarantee remains in effect until the Note is paid in full. Guarantor must pay all amounts due under the Note when Lender makes written demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from Guarantor. 2. NOTE: The "Note" is the promissory note dated April 30, 2004 in the principal amount of ONE HUNDRED THOUSAND AND NO/100******************** Dollars, from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes under a line of credit. 3. DEFINITIONS: "Collateral" means any property taken as security for payment of the Note or any guarantee of the Note. "Loan" means the loan evidenced by the Note. "Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or anyone who pledges Collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. SBA Form 148 (10/98) Previous editions obsolete. Page 1/5 Bankers Systems, Inc., St. Cloud, MN 4. LENDER'S GENERAL POWERS: Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without making demand upon Guarantor: A. Modify the terms of the Note or any other Loan Document except to increase the amounts due under the Note; B. Refrain from taking any action on the Note, the Collateral, or any guarantee; C. Release any Borrower or any guarantor of the Note; D. Compromise or settle with the Borrower or any guarantor of the Note; E. Substitute or release any of the Collateral, whether or not Lender receives anything in return; F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without advertisement; G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and H. Exercise any rights it has, including those in the Note and other Loan Documents. These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender. 5. FEDERAL LAW: When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law. 6. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES: To the extent permitted by law, A. Guarantor waives all rights to: 1) Require presentment, protest, or demand upon Borrower; 2) Redeem any Collateral before or after Lender disposes of it; 3) Have any disposition of Collateral advertised; and 4) Require a valuation of Collateral before or after Lender disposes of it. B. Guarantor waives any notice of. 1) Any default under the Note; 2) Presentment, dishonor, protest, or demand; 3) Execution of the Note; 4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration, intent to accelerate, assignment, collection activity, and incurring enforcement expenses; 5) Any change in the financial condition or business operations of Borrower or any guarantor; 6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the Note; and 7) The time or place of any sale or other disposition of Collateral.. C. Guarantor waives defenses based upon any claim that: 1) Lender failed to obtain any guarantee; 2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspected the Collateral; 4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured; SBA Form 148 (10/98) Previous editions obsolete. Page 215 Bankers Systems, Inc., St. Cloud, MN 5) Lender impaired the Collateral; 6) Lender did not dispose of any of the Collateral; 7) Lender did not conduct a commercially reasonable sale; Lender did not obtain the fair market value of the Collateral; 9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the Note; 10) The financial condition of Borrower or any guarantor was overstated or has adversely changed; 11) Lender made errors or omissions in Loan Documents or administration of the Loan; 12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding payment from Guarantor: 13) Lender impaired Guarantor's suretyship rights; 14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable for the increased amounts and related interest and expenses, but remains liable for all other amounts; 15) Borrower has avoided liability on the Note; or 16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents. 7. DUTIES AS TO COLLATERAL: Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or dispose of any Collateral. 8. SUCCESSORS AND ASSIGNS: Under this Guarantee, Guarantor includes heirs and successors, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee, including, but not limited to, attorney's fees and costs. B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a co-guarantor with Guarantor. Guarantor has no right of contribution from SBA. C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is paid in full. D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally liable. E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires. G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or impairing any of them. H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written terms of the Note or this Guarantee, or to raise a defense to this Guarantee. 1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect. J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the Loan. SBA Form 148 (10198) Previous editions obsolete. Page 3/5 Bankers Systems, Inc., St. Cloud, MN 10. STATE-SPECIFIC PROVISIONS: WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this Note, plus collection costs and reasonable attomeys' fees up to 15 percent of the judgement. The exercise of the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By si ning ' ediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section. Christor)he R. Silva 0 0 Al l& Date SBA Form 148 (10/98) Previous editions obsolete. Page 4/5 Bankers Systems, Inc., St. Cloud, MN 11. GUARANTOR ACKNOWLEDGMENT OF TERMS. Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this Guarantee, including all waivers. 12. GUARANTOR NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee. R. Silva 12- OQ-- April 30, 2004 SBA Form 148 (10/98) Previous editions obsolete. Page 515 Bankers Systems, Inc., St. Cloud, MN U.S. Small flusinew Administration U.S. Small Business Administration UNCONDITIONAL LIMITED GUARANTEE SBA Loan # LDP 737933 4006 SBA Loan Name Cotton Traders, Inc. Guarantor Amy L. Silva Borrower Cotton Traders, Inc. Lender The Legacy Bank Date April 30, 2004 Note Amount 100,000.00 1. GUARANTEE: Guarantor unconditionally guarantees payment to Lender of all amounts owing under the Note, as limited below. Guarantor must pay all amounts owing under this Guarantee when Lender makes written demand upon Guarantor. Lender is not required to seek payment from any other source before demanding payment from Guarantor. 2. NOTE: The "Note" is the promissory note dated Apri130, 2004 in the principal amount of ONE HUNDRED THOUSAND AND NO/100******************** Dollars, from Borrower to Lender. It includes any assumption, renewal, substitution, or replacement of the Note, and multiple notes under a line of credit. 3. DEFINITIONS: "Collateral" means any property taken as security for payment of the Note or any guarantee of the Note. "Loan" means the loan evidenced by the Note. "Loan Documents" means the documents related to the Loan signed by Borrower, Guarantor or any other guarantor, or anyone who pledges Collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. SBA Form 148L (10/98) Page 1/6 Bankers Systems, Inc., St. Cloud, MN 4. PAYMENT LIMITATION: (Check only one box) ? BALANCE REDUCTION: The guarantee is of all amounts owing under the Note, and will continue until the total of all amounts owing under the Note is reduced below $ , at which time Guarantor will be released from liability if the Note is not in default. ? PRINCIPAL REDUCTION: The guarantee is of all amounts owing under the Note, and will continue until the outstanding principal balance of the Note is reduced below $ at which time Guarantor will be released from liability if the Note is not in default. ? MAXIMUM LIABILITY: The guarantee is limited to Guarantor's payment of $ ? PERCENTAGE: The guarantee is limited to Guarantor's payment of % of all amounts owing under the Note at the time demand is first made on Guarantor, plus the same percentage of any accrued interest and other costs charged to the Note after demand, until Guarantor fully performs this Guarantee. ? TIME: The guarantee is of all amounts owing under the Note. The guarantee will continue until years after the date of the Note (the "Guarantee Period"). If Borrower is in default at the end of the Guarantee Period, the guarantee will continue until all defaults are cured. ? COLLATERAURECOURSE: The guarantee is limited to the amount Lender obtains from the following Collateral pledged by Guarantor: 257 North 24th Street Camp Hill, PA 17011 Parcel #01-21-0271-075 9COMMUNITY PROPERTY OR SPOUSAL INTEREST: The guarantee is limited to Guarantor's community property or spousal interest in collateral pledged to secure the Note or any guarantee. SBA Form 148L (10/98) Page 216 Bankers Systems, Inc., St. Cloud, MN 5. LENDER'S GENERAL POWERS: Lender may take any of the following actions at any time, without notice, without Guarantor's consent, and without making demand upon Guarantor: A. Nlbdify the terms of the Note or any other Loan Document except to increase the amounts due under the Note; B. Refrain from taking any action on the Note, the Collateral, or any guarantee; C. Release any Borrower or any guarantor of the Note; D. Compromise or settle with the Borrower or any guarantor of the Note; E. Substitute or release any of the Collateral, whether or not Lender receives anything in return; F. Foreclose upon or otherwise obtain, and dispose of, any Collateral at public or private sale, with or without advertisement; G. Bid or buy at any sale of Collateral by Lender or any other lienholder, at any price Lender chooses; and H. Exercise any rights it has, including those in the Note and other Loan Documents. These actions will not release or reduce the obligations of Guarantor or create any rights or claims against Lender. 6. FEDERAL LAW: When SBA is the holder, the Note and this Guarantee will be construed and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against SBA to deny any obligation, defeat any claim of SBA, or preempt federal law. 7. RIGHTS, NOTICES, AND DEFENSES THAT GUARANTOR WAIVES: To the extent permitted by law, A. Guarantor waives all rights to: 1) Require presentment, protest, or demand upon Borr ower; 2) Redeem any Collateral before or after Lender disposes of it; 3) Have any disposition of Collateral advertised; and 4) Require a valuation of Collateral before or after Lender disposes of it. B. Guarantor waives any notice of: 1) Any default under the Note; 2) Presentment, dishonor, protest, or demand; 3) Execution of the Note; 4) Any action or inaction on the Note or Collateral, such as disbursements, payment, nonpayment, acceleration, intent to accelerate, assignment, collection activity, and incurring enforcement expenses; 5) Any change in the financial condition or business operations of Borrower or any guarantor; 6) Any changes in the terms of the Note or other Loan Documents, except increases in the amounts due under the Note; and 7) The time or place of any sale or other disposition of Collateral. C. Guarantor waives defenses based upon any claim that: 1) Lender failed to obtain any guarantee; 2) Lender failed to obtain, perfect, or maintain a security interest in any property offered or taken as Collateral; 3) Lender or others improperly valued or inspected the Collateral; 4) The Collateral changed in value, or was neglected, lost, destroyed, or underinsured; SBA Form 148L (10/98) Page 3/6 Bankers Systems, Inc., St. Cloud, MN 5) Lender impaired the Collateral; 6) Lender did not dispose of any of the Collateral; 7) Lender did not conduct a commercially reasonable sale; 8) "Lender did not obtain the fair market value of the Collateral; 9) Lender did not make or perfect a claim upon the death or disability of Borrower or any guarantor of the Note; 10) The financial condition of Borrower or any guarantor was overstated or has adversely changed; 11) Lender made errors or omissions in Loan Documents or administration of the Loan; 12) Lender did not seek payment from the Borrower, any other guarantors, or any Collateral before demanding payment from Guarantor: 13) Lender impaired Guarantor's suretyship rights; 14) Lender modified the Note terms, other than to increase amounts due under the Note. If Lender modifies the Note to increase the amounts due under the Note without Guarantor's consent, Guarantor will not be liable for the increased amounts and related interest and expenses, but remains liable for all other amounts; 15) Borrower has avoided liability on the Note; or 16) Lender has taken an action allowed under the Note, this Guarantee, or other Loan Documents. 8. DUTIES AS TO COLLATERAL: Guarantor will preserve the Collateral pledged by Guarantor to secure this Guarantee. Lender has no duty to preserve or dispose of any Collateral. 9. SUCCESSORS AND ASSIGNS: Under this Guarantee, Guarantor includes successors, and Lender includes successors and assigns. 10. GENERAL PROVISIONS: A. ENFORCEMENT EXPENSES. Guarantor promises to pay all expenses Lender incurs to enforce this Guarantee, including, but not limited to, attorney's fees and costs. B. SBA NOT A CO-GUARANTOR. Guarantor's liability will continue even if SBA pays Lender. SBA is not a co-guarantor with Guarantor. Guarantor has no right of contribution from SBA. C. SUBROGATION RIGHTS. Guarantor has no subrogation rights as to the Note or the Collateral until the Note is paid in full. D. JOINT AND SEVERAL LIABILITY. All individuals and entities signing as Guarantor are jointly and severally liable. E. DOCUMENT SIGNING. Guarantor must sign all documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lender's liens on Collateral. F. FINANCIAL STATEMENTS. Guarantor must give Lender financial statements as Lender requires. G. LENDER'S RIGHTS CUMULATIVE, NOT WAIVED. Lender may exercise any of its rights separately or together, as many times as it chooses. Lender may delay or forgo enforcing any of its rights without losing or impairing any of them. H. ORAL STATEMENTS NOT BINDING. Guarantor may not use an oral statement to contradict or alter the written terms of the Note or this Guarantee, or to raise a defense to this Guarantee. 1. SEVERABILITY. If any part of this Guarantee is found to be unenforceable, all other parts will remain in effect. J. CONSIDERATION. The consideration for this Guarantee is the Loan or any accommodation by Lender as to the Loan. SBA Form 148L (10/98) Page 4/6 Bankers Systems, Inc., St. Cloud, MN I 1. STATE-SPECIFIC PROVISIONS: WARRANT OF AUTHORITY TO CONFESS JUDGEMENT. Upon default, in addition to all other remedies and rights available to you, by signing below I irrevocably authorize the prothonotary, clerk, or any attorney to appear in any court of record having jurisdiction over this matter and to confess judgment against me at any time without stay of execution. I waive notice, service of process, and process. I agree and understand that judgment may be confessed against me for any unpaid principal, accrued charges due on this Note, plus collection costs and reasonable attorneys' fees up to 15 percent of the judgement. The exercise of the power to confess judgment will not exhaust this warrant of authority to understand that my property may be seized without prior notice to satisfy the debt owed. I knowingly, intentionally, and voluntarily waive any and all constitutional rights I have to pre-deprivation notice and hearing under federal and state laws and fully understand the consequences of this waiver. By signing immediately below, I agree to the terms of the CONFESSION OF JUDGEMENT section. 11 Amy L. Silva q-?0- CA Date SBA Form 148L(10198) Page 5/6 Bankers Systems, Inc., St. Cloud, MN 12. GUARANTOR ACKNOWLEDGMENT OF TERMS. Guarantor acknowledges that Guarantor has read and understands the significance of all terms of the Note and this Guarantee, including all waivers. 13. GUARANTOR NAME(S) AND SIGNATURE(S): By signing below, each individual or entity becomes obligated as Guarantor under this Guarantee. Amy L. Silva April 30, 2004 SBA Form 148L (10/98) Page 6!6 Bankers Systems, Inc., St. Cloud, MN EXHIBIT "C" 5 ;1?YJ Q 6 MCA- I VcXl?rs x0`ERT P, Z,EGLE'P `0FTEr+ Or DEEDS . r f r 1! ,., i ? COUNTY- Pee' 10 1 Space Above This Line For Recording Data OPEN-END MORTGAGE This Mortgage Secures Future Advances DATE AND PARTIES. The date of this Mortgage (Security Instrument) is April 30, 2004. The parties and their addresses are: MORTGAGOR: CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, Pennsylvania 17011 AMY L. SILVA 257 North 24th Street Camp Hill, Pennsylvania 17011 LENDER: THE LEGACY BANK Organized and existing under the laws of Pennsylvania 2600 Commerce Drive Harrisburg, Pennsylvania 17110 TIN: 25-1838601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender, the following described property: See attached Exhibit "A". Being UPI #01-21-0271-075 The property is located in Cumberland County at 257 North 24th Street, Camp Hill, Pennsylvania 17011. Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN E500i '" Page 1 BK ! 864PG2699 Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described fall referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $100,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 1001-89919, dated April 30, 2004, from Cotton Traders, Inc. (Borrower) to Lender, with a loan amount of $100,000.00 and maturing on October 31, 2011. One or more of the debts secured by this Security Instrument contains a future advance provision. B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Mortgagor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Cotton Traders, Inc. Pennsylvania Mortgage Initials PAI4fkachura00725200004363020042904Y ®1996 Bankers Systems, Inc., St. Cloud, MN Eu15E-? Page 2 DV 1 0C 1. Df 0 7f1n S. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debts to be immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law governing the preemption of state due-on-sale laws, as applicable. 9. WARRANTIES AND REPRESENTATIONS. Mortgagor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Mortgagor or to which Mortgagor is a party. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor will not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims, and actions against Mortgagor, and of any loss or damage to the Property. No portion of the Property will be removed, demolished or materially altered without Lender's prior written consent except that Mortgagor has the right to remove items of personal property comprising a part of the Property that become worn or obsolete, provided that such personal property is replaced with other personal property at least equal in value to the replaced personal property, free from any title retention device, security agreement or other encumbrance. Such replacement of personal property will be deemed subject to the security interest created by this Security Instrument. Mortgagor will not partition or subdivide the Property without Lender's prior written consent. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor assigns, grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in the following (Property). Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN Eli ." Page 3 nu a n r 1 nnn-7r% I A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal agreements for the use and occupancy of the Property, including but not limited to any extensions, renewals, modifications or replacements (Leases). B. Rents, issues and profits, including but not limited to security deposits, minimum rents, percentage rents, additional rents, common area maintenance charges, parking charges, real estate taxes, other applicable taxes, insurance premium contributions, liquidated damages following default, cancellation premiums, loss of rents,, Insurance, guest receipts, revenues, royalties, proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which Mortgagor may have that in any way pertain to or are on account of the use or occupancy of the whole or any part of the Property (Rents). In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will also be regarded as a security agreement. Mortgagor will promptly provide Lender with copies of the Leases and will certify these Leases are true and correct copies. The existing Leases will be provided on execution of the Assignment, and all future Leases and any other information with respect to these Leases will be provided immediately after they are executed. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default. Mortgagor will not collect in advance any Rents due in future lease periods, unless Mortgagor first obtains Lender's written consent. Upon default, Mortgagor will receive any Rents in trust for Lender and Mortgagor will not commingle the Rents with any other funds. When Lender so directs, Mortgagor will endorse and deliver any payments of Rents from the Property to Lender. Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing, protecting and preserving the Property, and other necessary expenses. Mortgagor agrees that this Security Instrument is immediately effective between Mortgagor and Lender and effective as to third parties on the recording of this Assignment. As long as this Assignment is in effect, Mortgagor warrants and represents that no default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords and tenants. Mortgagor, at its sole cost and expense, will keep, observe and perform, and require all other parties to the Leases to comply with the Leases and any applicable law. If Mortgagor or any party to the Lease defaults or fails to observe any applicable law, Mortgagor will promptly notify Lender. If Mortgagor neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's option, enforce compliance. Mortgagor will not sublet, modify, extend, cancel, or otherwise alter the Leases, or accept the surrender of the Property covered by the Leases (unless the Leases so require) without Lender's consent. Mortgagor will not assign, compromise, subordinate or encumber the Leases and Rents without Lender's prior written consent. Lender does not assume or become liable for the Property's maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve the Property, except for losses and damages due to Lender's gross negligence or intentional torts. Otherwise, Mortgagor will indemnify Lender and hold Lender harmless for all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies against any party obligated under the Leases. 13. DEFAULT. Mortgagor will be in default if any of the following occur: A. Payments. Mortgagor or Borrower fail to make a payment in full when due. Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN Fri " Page 4 AV I Rf; LL P?;27n2 B. Insolvency or Bankruptcy. Any legal entity obligated on the Secured Debts makes an assignment for the benefit of creditors or become insolvent, either because its liabilities exceed its assets or it is unable to pay its debts as they become due; or it petitions for protection under federal, state or local bankruptcy, insolvency or debtor relief laws, or is the subject of a petition or action under such laws and fails to have the petition or action dismissed within a reasonable period of time not to exceed 60 days. C. Death or Incompetency. Mortgagor dies or is declared legally incompetent. D. Failure to Perform. Mortgagor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other transaction document. F. Other Agreements. Mortgagor is in default on any other debt or agreement Mortgagor has with Lender. G. Misrepresentation. Mortgagor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Mortgagor fails to satisfy or appeal any judgment against Mortgagor. 1. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Mortgagor changes Mortgagor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Mortgagor transfers all or a substantial part of Mortgagor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. The value of the Property declines or is impaired. M. Insecurity. Lender reasonably believes that Lender is insecure. 14. REMEDIES. Lender may use any and all remedies Lender has under state or federal law or in any instrument evidencing or pertaining to the Secured Debts. Any amounts advanced on Mortgagor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Mortgagor's default. Subject to any right to cure, required time schedules or any other notice rights Mortgagor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime thereafter. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN E g59?kg Page 5 Qv i cm;4PG2703 Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Mortgagor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument. Mortgagor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the ordinary course of business and in strict compliance with all applicable Environmental Law. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has not and will not cause, contribute to, or permit the release of any Hazardous Substance on the Property. C. Mortgagor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor will take all necessary remedial action in accordance with Environmental Law. D. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor has no knowledge of or reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Mortgagor or any tenant of any Environmental Law. Mortgagor will immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN ° Page 6 t??R-4Pu2701 an event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any documents relating to such proceedings. E. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are and will remain in full compliance with any applicable Environmental Law. F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first consents in writing. G. Mortgagor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied with. H. Mortgagor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property and review all records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Mortgagor and any tenant are in compliance with applicable Environmental Law. 1. Upon Lender's request and at any time, Mortgagor agrees, at Mortgagor's expense, to engage a qualified environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval. J. Lender has the right, but not the obligation, to perform any of Mortgagor's obligations under this section at Mortgagor's expense. K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Mortgagor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in return Mortgagor will provide Lender with collateral of at least equal value to the Property secured by this Security Instrument without prejudice to any of Lender's rights under this Security Instrument. L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property. Any claims.and defenses to the contrary are hereby waived. 17. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and Cotton Traders, Inc. Pennsylvania Mortgage Initials PA14tkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN E Page 7 c? o S641G2705 will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 18. INSURANCE. Mortgagor agrees to keep the Property insured against the risks reasonably associated with the Property. Mortgagor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Mortgagor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." If required by Lender, Mortgagor agrees to maintain comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow account deposits (if agreed to separately in writing.) Mortgagor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Mortgagor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Mortgagor. will immediately notify Lender of cancellation or termination of insurance. If Mortgagor fails to keep the Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may include coverages not originally required of Mortgagor, may be written by a company other than one Mortgagor would choose, and may be written at a higher rate than Mortgagor could obtain if Mortgagor purchased the insurance. 19. ESCROW FOR TAXES AND INSURANCE. Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 20. CO-SIGNERS. If Mortgagor signs this Security Instrument but does not sign the Secured Debts, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debts and Mortgagor does not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. 21. WAIVERS. Except to the extent prohibited by law, Mortgagor waives all appraisement rights relating to the Property. 22. OTHER TERMS. The following are applicable to this Security Instrument: H. Aclamonal i erms. I ne loan secured by this lien was made under a United States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business owners. If the United States is seeking to enforce this document, then under SBA regulations: Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN f5q59?tC Page 8 SKI864PG2706 When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in accordance with federal law. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice, foreclosing liens and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state control penalty tax or liability. No. Borrower or Guarantor may claim or assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA with respect to this Loan. Any clause in this document requiring arbitration is not enforceable when SBA is the holder of The Note secured by this instrument. 23. APPLICABLE LAW. This Security Instrument is governed by the laws of Pennsylvania, except to the extent otherwise required by the laws of the jurisdiction where the Property is located, and the United States of America. 24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Mortgagor's obligations under this Security Instrument are independent of the obligations of any other Mortgagor. Lender may sue each Mortgagor individually or together with any other Mortgagor. Lender may release any part of the Property and Mortgagor will still be obligated under this Security Instrument for the remaining Property. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Mortgagor. 25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Mortgagor and Lender. This Security Instrument is the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 27. NOTICE, FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one party will be deemed to be notice to all parties. Mortgagor will inform Lender in writing of any change in Mortgagor's name, address or other application information. Mortgagor will provide Lender any financial statements or information Lender requests. All financial statements and information Mortgagor gives Lender will be correct and complete. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and to confirm Lender's lien status on any Property. Time is of the essence. Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN E?" Page 9 9K1864PG 2707 SIGNATURES. By signing under seal, Mortgagor agrees to the terms and covenants contained in this Security Instrument. Mortgagor also acknowledges receipt of a copy of this Security Instrument. (Wi Amy L S Individ>a9l (Witness) (Seal) Cotton Traders, Inc. Pennsylvania Mortgage Initials PA14fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN EXi- " Page 10 OKi884©G2708 ACKNOWLEDGMENT. (Individual) ?1 STATC OF P0J)0S?ll VAA)1A',lpU-AjT`j OF OfiU V I A) ss. On this the 304, day of before me, n? lL 14. FLZM ..the undersigned officer, personally appeared Christop r R. Silva , and Amy L. Silva , known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official ea My commission expires: t! ar ub ' 1 COMMONWEALTH OF PENN=FFleming, YLVANIA al Choy[ AA. otary Public phin County July 29, 2006 Member, Pennsylvania Association of Notaries cotton 1 raders, Inc. -- Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN r °" Page 11 RRI864PG2709 It is hereby certified that the address of the Lender within named is: 2600 Commerce Drive, Harrisburg, Pennsylvania 17110. THE LE ACY BANK By: Coletta Bruce Cotton Traders, Inc. Pennsylvania Mortgage Initials PA/4fkachura00725200004363020042904Y 01996 Bankers Systems, Inc., St. Cloud, MN Eli " Page 12 BKI864PG27{0 IWQ?aa7m'AL6r 7M.orFa. 4RX li ?^ 270 North Sherman Street Wilkes-Barre, PA,18702 Phone: (570) 824-7811 Fax: (570) 824-2885 Current Owner Property Report Legal Description 01-21-0271-075 Order: 237766 Print Date: 04/30/2004 Page 3 of 3 All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or palce of beginning. Beinf Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that peratin to this property. I Certify this to be recorded i1 Cumberland County PA Recorder of Deeds Bl/ 1864PG271 1 EXHIBIT "D" Christopher R. Silva 257 North 24`h Street Camp Hill, PA 17011 ACT 91 NOTICE August 14, 2006 Via Certified Mail - Return Receipt Requested Regular U.S. Mail TAKE ACTION TO SAVE YOUR HOME FROM- FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender_ intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any questions, you may call the Pennsylvania Housing, Finance Agency toll free at 1-800-342-2397. (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 ADJUNTO 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 LLAMANDO 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: Christopher R. Silva and Amy L. Silva 257 North 24th Street, Camp Hill, PA 17011 100189919 The Legacy Bank CURRENT LENDER/SERVICER: First National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE 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 MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date 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 YOU 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-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 specific 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 MUST 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 funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 257 North 24`h Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: principal in the total amount of $89,536.55 Other Charges Interest in the total amount of $5,579.85, Late Charges in the total amount of $278.64 and attorneys' fees and costs in the total amount of $100.00. TOTAL AMOUNT PAST DUE: 95,495.04 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 $ 95,495.04 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Richard J. Bern First National Bank 532-534 Main Street Johnstown, PA 15901 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 full 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 gay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus 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 any other requirements 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: First National Bank Address: 532-534 Main Street Johnstown, PA 15901 Phone Number: 814-532-3884 Fax Number: 814-532-3143 Contact Person: Richard J. Bem 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 (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 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. tuire cc: Richard J. Bem, First National Bank Amy L. Silva August 14, 2006 257 North 20 Street Camp Hill, PA 17011 Via Certified Mail - Return Receipt Requested Regular U.S. Mail ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) maybe able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (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 ADJUNTO 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 LLAMANDO 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: Christopher R. Silva and Amy L. Silva 257 North 24th Street, Camp Hill, PA 17011 100189919 The Legacy Bank CURRENT LENDEWSERVICER: First National Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE 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 MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date 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 YOU 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 designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-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 specific 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 MUST 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 funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - the MORTGAGE debt held by the above Lender on your property located at: 257 North 24`h Street, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: principal in the total amount of $89,536.55 Other Charges Interest in the total amount of $5,579.85, Late Charges in the total amount of $278.64 and attorneys' fees and costs in the total amount of $100.00. TOTAL AMOUNT PAST DUE: 95,495.04 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 S 95,495.04 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PayMents must be made either by cash cashier's check certified check or money order made payable and sent to: Richard J. Bem First National Bank 532-534 Main Street Johnstown, PA 15901 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 full 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 pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus My 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 any other requirements 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: First National Bank Address: 532-534 Main Street Johnstown, PA 15901 Phone Number: 814-532-3884 Fax Number: 814-532-3143 Contact Person: Richard J. Bern 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 (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). 0 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 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 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. cc: Richard J. Bern, First National Bank SAD/mse SEP-25-2006 11:10 FIRST NATIONAL BANK OF PA P.02i02 VERIFICATION I, Richard J. Bern, Vice President for First National Bank, depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4944 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 TOTAL P.02 v` n } DO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION No.: 06-5700 Civil Term Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: The Legacy Bank, a division of First National Bank of Pennsylvania, Plaintiff 257 N A 17011 COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 certify that the last known address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. CHRISTOPHER R. SILVA and AMY R. SILVA, Defendants. CIVIL DIVISION NO.: 06-5700 Civil Term PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Christopher R. Silva and Amy L. Silva, in the amount of $112,538.32 which is itemized as follows: Principal $89,536.55 Interest through 11/8/2006 $ 8,124.17 Late Charges $ 568.35 Attorney's Fees $14,309.25 TOTAL $112,538.32 plus interest on the principal sum ($89,536.55) from November 8, 2006, at the rate of $27.3583 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure ahd sale qf4ke mortgaged premises. JAMES By: Scott Nett6LV , Attorney for PI PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY LLP 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 Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as Sworn to and subscribed before me thiZ? day of , 2006. ----w lkta --X- Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL. SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9, 2007 by the attached copies. Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE OF ORDER. DECREE OR JUDGMENT TO: Christopher R. Silva ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on OiC L ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $112,538.32 plus interest on the principal sum ($89,536.55) from November 8, 2006, at the rate of $27.3583 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. CIVIL DIVISION NO.: 06-5700 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Amy L. Silva ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on -A / (o? oZt?Go ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $112,538.32 plus interest on the principal sum ($89,536.55) from November 8, 2006, at the rate of $27.3583 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. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05700- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGACY BANK THE VS SILVA CHRISTOPHER R ET AL 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 SILVA CHRISTOPHER R the DEFENDANT , at 1920:00 HOURS, on the 5th day of October , 2006 at 257 NORTH 24TH STREET CAMP HILL, PA 17011 /'.T TTI T /"1T/?T1T TT1T1 (17T t7T by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 r% n Z 1 . 4 V Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/06/2006 JAMES SMITH DIETTERICK CONNELL By: LA Deputy Sheriff A.D. CASE NO: 2006-05700 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGACY BANK THE VS SILVA CHRISTOPHER R ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SILVA AMY L the DEFENDANT , at 1920:00 HOURS, on the 5th day of October , 2006 at 257 NORTH 24TH STREET CAMP HILL, PA 17011 CHRISTOPHER SILVA, HUSBAND was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit ,00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 10/06/2006 JAMES SMITH DIETT RICK CONNELL By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term IMPORTANT NOTICE TO: Amy L. Silva 257 North 24`h Street Camp Hill, PA 17011 DATE OF NOTICE: October 25, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR -CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, : Defendants. AVISO IMPORTANTE A. Amy L. Silva TECHA DEL AVISO: October 25, 2006 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR 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 O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 JAMES DATE: lv ?? l BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID ScoVA. IVAterief , Esquire PA I.D. #5 650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Y LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. CIVIL DIVISION NO.: 06-5700 Civil Term IMPORTANT NOTICE TO: Christopher R. Silva 257 North 24`h Street Camp Hill, PA 17011 DATE OF NOTICE: October 25, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU .MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. AVISO IMPORTANTE A. Christopher R. Silva . FECHA DEL AVISO: October 25, 2006 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENDS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR 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 O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 1 JAMES DATE: IdL?f?? BY: FIRST CLASS U.S. MAIL, POSTAGE PREPAID & CONNELLY LLP S'cotl' A. I:4eFicf; Esquire PA I.D. #5. 650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ar r b Lrl ?Y O A O a ..p W r _ L?* .t Y,` ^? -41 t IN THE muRr OF aM40N PIEA.S OF C.'tMMAND MINTY, PDWSMAPIIA CTVZL DIVISION Legacy Bank, a division of First National Ballk of Pile No.06-5700 Civil Term Pennsylvania (Plaintiff) V Christopher R. Silva and Amy L. Silva (Defendant(s) TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $ 112,538.32 Interest from 11/8/06 to 3,282.99 date of sale : Atty's Comm Costs 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. PRADCIPE FOR EWMON 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 ATTAa*f= EXE=ON 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 real estate of the defendant(s) described in the attached ex DATE : ; /16 Idl-r Signature: Print Name: Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 3 ~ ~ f v 1 f } In ,. ` lr?li 'C :! -r LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5700 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE LEGACY BANK, A DIVISION OF FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff (s) From CHRISTOPHER R. SILVA AND AMY L. SILVA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,538.32 L.L. $.50 Interest FROM 11/8/06 TO DATE OF SALE -- $3,282.99 Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Plaintiff Paid Date: NOVEMBER 16, 2006 (Seal) REQUESTING PARTY: Name SCOTT A. DEITTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P0BOX650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 Other Costs Curtis, R. Long,-Pf6°tho otary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 The Legacy Bank, a division of First National Bank of Pennsylvania, 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 257 North 24`h Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): CHRISTOPHER R. SILVA 257 North 24`11 Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24`h Street Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: CHRISTOPHER R. SILVA 257 North 24`11 Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24`h Street Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA MIRROR IMAGE, INC. 4. Name and Address of the last record holder of every mortgage of record: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. Park Avenue Plaza 55 East 52 Street New York, NY 10055 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: DEPT OF REVENUE PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA 190 Exchange Street Pawtucked, RI 02860 Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 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 DATED: _I ,O16LP BY: dNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintitt f-J Q,7 ! t CJ tt -? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Christopher R. Silva 257 North 24th Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24th Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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, DW,;FTERWKA CONNELLY LLP DATED: 1 010 BY: Scott A.fDietterick, Esc 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 of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" = r,W_ ?:?E r1 ?` ui to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. : CHRISTOPHER R. SILVA and : AMY L. SILVA, : Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Amy L. Silva 257 North 24th Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24`h Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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, DATED: &1 o(o BY: & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" r-a "? t kry C} 11 f (?n SHERIFF'S RETURN - REGULAR CASE NO: 2006-05700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGACY BANK THE VS SILVA CHRISTOPHER R ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT PnRw was served upon the SILVA CHRISTOPHER R DEFENDANT at 1920:00 HOURS, on the 5th day of October 2006 at 257 NnRTH ?ATP Q7DvL P CAMP HILL, PA 17011 CHRISTOPHER SILVA by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit 00 '"`o- Surcharge 10.00 R. homas Kline nn 41.20,/ 10/06/2006 ?,IDfrI?,? JAMES SMITH DIETTERICK CONNELL Sworn and Subscibed to / By: before me this day Deputy Sheriff of A. D. • w CASE NO: 2006-05700 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LEGACY BANK THE VS SILVA CHRISTOPHER R ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MnRT 7nR7 SILVA AMY L DEFENDANT was served upon the , at 1920:00 HOURS, on the 5th day of October , 2006 at 257 NORTH 24TH STREET CAMP HILL, PA 17011 CHRISTOPHER SILVA, HUSBAND by handing to a true and attested copy of COMPLAINT - MORT FnRF together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service ' 's .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline r% r% 16.00,/ 10/06/2006 (_1_ lj%or/Uy JAMES SMITH DIETT RICK CONNELL Sworn and Subscible'''d? to I By: before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term VS. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Legacy Bank, a division of First National Bank of Pennsylvania, 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 257 North 24th Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24th Street Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24th Street Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA MIRROR IMAGE, INC. HARRISBURG ACADEMY 4. Name and Address of the last record holder of every mortgage of record: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. Park Avenue Plaza 55 East 52 Street New York, NY 10055 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: DEPT OF REVENUE PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA 190 Exchange Street Pawtucked, RI 02860 10 Erford Road Wormleysburg, PA 17043 Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 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 I verify that the statements made in this Amended 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, SMT ,4y EJJERACA* CONNELLY LLP DATED: I) L? 1 b'j BY: Scot ettTnck, Esquire Pa. . . #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 S' 2 r p7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of CIVIL DIVISION FIRST NATIONAL BANK OF : PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term ISSUE NO.: TYPE OF PLEADING: Pa.R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: The Legacy Bank, a division of First National Bank of Pennsylvania, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of CIVIL DIVISION FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. Pa.R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE OF DEFENDANTS/OWNERS AND OTHER PARTIES OF INTEREST I, Scott A. Dietterick, Esquire, attorney for The Legacy Bank, a division of First National Bank of Pennsylvania, 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 Defendants/Owners and Other Parties of Interest as follows: 1. Defendants, Christopher R. Silva and Amy L. Silva are the record owners of the real property. 2. On or about November 22, 2006, Defendants, Christopher R. Silva and Amy L. Silva were served with Plaintiffs Notice of Sheriffs Sale of Real Property Pursuant to Pa.R.C.P. 3129, by Certified Mail, Return Receipt Requested at the address of the mortgaged premises, being 257 North 24th Street, Camp Hill, Pennsylvania 17011. A true and correct copy of said Notice and Certified Mail Receipts are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about December 29, 2006, 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 Defendants/Owners and all Other Parties of Interest were served with Plaintiffs Notice of Sheriffs Sale of Real Property in accordance with Pa. R.C.P. 3129.2. Dated: Sworn to and subscribed before me this ?l! day of 2007. Y Notary Public MY COMMISSION EXPIRES: COMMONWEALTH OF PENNSYLVANIA IMICHELLE EOLL OTT OTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9, 2007 JAM BY: I /I Scot Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ?1NELLY LLP EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, CIVIL DIVISION Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Amy L. Silva 257 North 241h Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24`h Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Tenn THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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, DATED: 6/0(0 BY: & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast comer of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, : CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, ; Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Christopher R. Silva 257 North 24th Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24th Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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 7 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, &Z;F\TERJ CONNELLY LLP DATED: I O/Ou BY: Sdott ATIIDietterick, Esc 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 of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" ¦ Complete items-1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. icleAddressed S f/L1. A. Sign to X ? Agent V T- Addressee B. Recelve by (Printed Name) C. Date of Delivery C - S i w nr Jl - a-cG D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type 9 Certified Mall ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number - (Fransferr from from servi 7005 2570 0001 3656 4966 (trans Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 _D D' S .A err M ra C3 C3 0 0 r- nu Ln 0 0 r- ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1 Icle Add to, p? c N `i V f A. Si c X U "l I? J Ja- OAgent ? Addressee B. Received by (Printed Name) C. Date of Delivery L Si??//-} ll-aab6 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type rtiffed Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 2570 0001 3656 4973 (transfer from Ps Form 3811, February 2004 Domestic Return Receipt U t al Ser vicer<< FI ED MAIL ,, RECEIPT Provided) M ail Only ; No Insurance Coverage com :.. t,,...,atio n visa cu r website at nw_usps. .0 Lin -11 M r? 0 0 0 0 r fu u1 O 0 N 102595-024M-1540 EXHIBIT "B" I+COTICIP IITC r'1G VAII 1 t A-.- ' (0 ul PROM JamesSmith Dietterick & Connelly LLP ul) ATTN: Shelly Elliott Re' P.O. BOX 650 0 - Hershey, PA 17033 0 e piece of ordinary m il addressed to: a ,r i ? e 0 L r - a ,:,r , }. l.r p,nd•Aq, PS Form 3817, January 2001 s, V U.S, POSTAL SERVICE CERTIFICATE OF MAILING ???!I e?y r*tr?p; M JOT P James Smith Dietterick & Connelly LLP = ' t A ATTN: Shelly Elliott .?. P.O. Box 650 Hershey, PA 17033 arr I hlasler one piece of ordinary mail addressed to: .; fl 2?Lw, C, #Cn ' K Cc .? r t- 0 .- ^"d P?pyl ? t r O PS Form 3817, J nary 2001 M Q 1 Q a 10 ??1U? U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE --_" ' •'^' -' IATIONAL MAIL, DOES NOT PROVIC Re James Smith Dietterick & Connelly LLP c ATTN: Shelly Elliott P.O. Box 650 - Hershey, PA 17033 - One piece of ordinary mail addressed to: Er Qrt?u v?2., h ? J?liY1 "I- PS Form 3817, January 2001 C` ? l7) t? ? n C 4 D I CJ1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING I °' 1 °a1 MAY BE USED PROVIDE FOF f Received James Smith Dietterick & Connelly LLP - rt;ry F ATTN: Shelly Elliott ?',.3 ?JAM . P.O. BOX 650 _ ...Y r•.##?r.:?°,`+t?;? Hershey, PA 17033 ?_ - Mawler J4 One piece of ordinary mail addressed to viC ..?1t PS Form 3817, January 20 1 S? lv a U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE' ,nna.. nOFS NOT PROVIC James Smith Dietterick & Connelly LLP Rao ATTN: Shelly Elliott - P.O. Box 650 - Hershey, PA 17033 { Jf One lece of ord/inary all addressed to. 1 1 rs roan jai r, January zuul Lo Q F W :ate + m r if'.•1 4 . U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY RF I ICFn ano rvnuccr,....... ...-_... -.'. '1T ; L J Q PRC James Smith Dietterick & Connelly LLP o ATTN: Shelly Elliott a. P.O. Box 650 t , Hershey, PA 17033 ne piece of ordinary mail a ressed ?i. I A 12 IL 1-70 16?- PS Fonn 3817, January 2001 S V C, U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR""- -- ---- Received F James Smith Dietterick & Connelly LLP ATTN: Shelly Elliott P.O. Box 650 Hershey, PA 17033 e piece of ordinary mail addressed to: A f-" rr P'A I`71 PS Form 3517, January 2001 ^r r 11?sler •? C . W? ,y t ]_ CD s; p1 T} 111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, : CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, ; Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: MIRROR IMAGE, INC. 190 Exchange Street Pawtucked, RI 02860 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 257 North 241h Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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,ITH, DI RICK & CONNE Y LLP Dated: 12/29/06 By: PAID #1?,5,650 L. Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, : Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: HARRISBURG ACADEMY 10 Erford Road Wormleysburg, PA 17043 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 257 North 24th Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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, S TH, D%nRICK & CONNEL LI3t A- Dated: 12/29/06 By. Scott A i tte c c, Esquire PA ID #55 50 Attorney f 'Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL : BANK OF PENNSYLVANIA, : Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: ABN AMRO MORTGAGE GROUP, INC. Park Avenue Plaza 55 East 52 Street New York, NY 10055 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 257 North 24`h Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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, S ITH, DIETTERICK & CONNELL LkP /"\ Dated: 12/29/06 Scott A. D?e?teic -,, E PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, : Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of: 257 North 24"' Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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, DIETTERICK & CONNEMY LLP , Dated: 12/29/06 By; Scott . Diet erick, Esquire PA ID 56 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL ; BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: DEPT OF REVENUE PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of, 257 North 24th Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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, DI TTERICK & CONN IA LLP/\ Dated: 12/29/06 By: PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, ; Plaintiff, : NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C P 3129(b) TO: CUMBERLAND COUNTY 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 257 North 24th Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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 SMIT"IETTERICK & CONNALkV LLP \ Dated: 12/29/06 By; Di terick, Esquire PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast comer of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, : CIVIL DIVISION a division of FIRST NATIONAL : BANK OF PENNSYLVANIA, : Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: COMMONWEALTH OF PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 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 March 7, 2007 at 10:00 a.m., the following described real estate which Christopher R. Silva and Amy L. Silva are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of. 257 North 24th Street Camp Hill, Pennsylvania 17011 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. at EX. NO. 06-5700 Civil in the amount of $112,538.32, 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, S ITH, DIETTERICK & CONNELLP /1 Dated: 12/29/06 By; Sc A. iette?, E PA ID #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" r•-? ._...? ? r ? . ' . "-7 ? ?l _ ; ? -; .. _ ; y -? ,`1 . C e? -.% v -'°" • L.,? Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 (717) 232-5000 rlfinck@mette.com THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff V. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-5700 Civil Term ENTRY OF APPEARANCE TO THE PROTHONOTARY: PLEASE enter the appearance of Ronald L. Finck, Esquire and the law firm of METTE, EVANS & WOODSIDE on behalf of Defendants, Christopher R. Silva and Amy L. Silva, in the above-referenced matter. Respectfully submitted, METTE, EVANS & WOODSIDE By: 6?-.4a.- 4. 4'w k Ronald L. Finck, Esquire Sup. Ct. I.D. #89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendants DATE: January 12, 2007 Christopher R. Silva and Amy Silva CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Scott A. Dietterick, Esquire James, Smith, Dietterick & Connelly, LLP P. O. Box 650 Hershey, PA 17033-0650 METTE, EVANS & WOODSIDE By:.e+.t.. Ronald L. Finck, Esquire Sup. Ct. I.D. #89985 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendants Christopher R. Silva and Amy L. Silva DATE: January 12, 2007 462962v1 c"°? rv Z ? r C =? The Legacy Bank, a Division of First National In the Court of Common Pleas of Bank of Pennsylvania Cumberland County, Pennsylvania VS Writ No. 2006-5700 Civil Term Christopher R. Silva and Amy L. Silva Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1830 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Christopher R. Silva and Amy L. Silva, by making known unto Amy Silva personally and wife of Christopher R. Silva, at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1314 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher R. Silva and Amy L. Silva located at 257 North 24th Street, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states 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 the within named defendants, to wit: Christopher R. Silva and Amy L. Silva, by regular mail to their last known address of 257 North 24th Street, Camp Hill, PA 17011. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Scott Dietterick. Sheriffs Costs: Docketing 30.00 Poundage 18.45 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 5.34 Levy 15.00 Surcharge 30.00 Law Journal 365.00 Patriot News 362.63 Postpone Sale 40.00 Share of Bills 16.83 $ 941.15 ? l67 ?.. /95344 So Answers: r ?? n ine, S e B llm? Real Estate ergeant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, : CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NO.: 06-5700 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Legacy Bank, a division of First National Bank of Pennsylvania, 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 257 North 24th Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): CHRISTOPHER R. SILVA 257 North 24`h Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24`h Street Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24`h Street Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA MIRROR IMAGE, INC. HARRISBURG ACADEMY 190 Exchange Street Pawtucked, RI 02860 10 Erford Road Wormleysburg, PA 17043 4. Name and Address of the last record holder of every mortgage of record: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. Park Avenue Plaza 55 East 52 Street New York, NY 10055 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: DEPT OF REVENUE PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 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 Amended 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, SMI Ly(EtJEPJC, & CONNELLY LLP DATED: 0 ? 1( l9 BY: ScQy ettirick, Esquire Pa.-I: #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. CIVIL DIVISION NO.: 06-5700 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 The Legacy Bank, a division of First National Bank of Pennsylvania, 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 257 North 24th Street, Camp Hill, Pennsylvania 17011: 1. Name and Address of Owner(s) or Reputed Owner(s): CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24th Street Camp Hill, PA 17011 2. Name and Address of Defendant(s) in the Judgment: CHRISTOPHER R. SILVA 257 North 24th Street Camp Hill, PA 17011 AMY L. SILVA 257 North 24th Street Camp Hill, PA 17011 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA MIRROR IMAGE, INC. 4. Name and Address of the last record holder of every mortgage of record: THE LEGACY BANK, a division Plaintiff of FIRST NATIONAL BANK OF PENNSYLVANIA ABN AMRO MORTGAGE GROUP, INC. Park Avenue Plaza 55 East 52 Street New York, NY 10055 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: DEPT OF REVENUE PA Inheritance Tax Division Dept. 280601 Harrisburg, PA 17128-0601 COMMONWEALTH OF PA 190 Exchange Street Pawtucked, RI 02860 Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 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 a 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. JAME: DATED: I l //0 /du BY: ?NELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and AMY L. SILVA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Christopher R. Silva 257 North 24th Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24th Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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, DATED: JOJOW BY: P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CONNELLY LLP VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE LEGACY BANK, CIVIL DIVISION a division of FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff, NO.: 06-5700 Civil Term vs. CHRISTOPHER R. SILVA and : AMY L. SILVA, Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Amy L. Silva 257 North 24" Street Camp Hill, PA 17011 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, March 7, 2006, 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: 257 North 24th Street Camp Hill, PA 17011 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 06-5700 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Christopher R. Silva and Amy L. Silva 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 TIME 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, DATED: /w/6(0 BY: & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF Attorneys for Plaintiff LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured southwardly along the eastern line of 24th Street from the southeast corner of 24th and Lincoln Streets; thence in an easterly direction along a line at right angles to 24th Street, 140.05 feet to Low Alley; thence in an southerly direction along the western line of Low Alley, 50 feet to a point; thence in an westerly direction along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52 , the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded' in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two-story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsylvania. Subject to any restrictions, easements and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075 Exhibit "A" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5700 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE LEGACY BANK, A DIVISION OF FIRST NATIONAL BANK OF PENNSYLVANIA, Plaintiff (s) From CHRISTOPHER R. SILVA AND AMY L. SILVA (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment.has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,538.32 L.L. $.50 Interest FROM 11/8/06 TO DATE OF SALE -- $3,282.99 Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs Plaintiff Paid Date: NOVEMBER 16, 2006 Curtis`R. Long, Frallio otary (Seal) By: Deputy REQUESTING PARTY: Name SCOTT A. DEITTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P O BOX 650 HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 Real Estate Sale # 57 On December 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 257 North 24t' Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2006 By: = ,JOCW AOVV, Real state Sergeant o - 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. 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 ..........5'scr , COPY Sworn to a ed before me this 26th day of February 2007 A.D. S A L E #57 COMMONWEALTH OF PENNSYLVANIA (Notarial Seal I Ter L. Russell, Notary Pu CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 bpct UOP 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. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 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. r Lisa Marie Coyne, dito SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 N07,`, 'S'LA LG`S E.. '?z r,.1°+DEF,, ,Nloiary Public qq C7rls-'"'r 9or0, Gun,,berjand CLour y ?y f fi~ .. °1 f ."F?':N4iarch. 5 ran REAL ESTATE SALE NO. 57 Writ No. 2006-5700 Civil The Legacy Bank a division of First National Bank of Pennsylvania VS. Christopher R. Silva and Amy L. Silva Atty.: Scott Deitterick Exhibit "A" LEGAL DESCRIPTION All that certain lot of land situate in the Borough of Camp Hill. County of Cumberland and State of Penn- sylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern line of 24th Street, said point being 60 feet measured south- wardly along the eastern line of 24th Street from the southeast comer of 24th and Lincoln Streets; thence in an easterly direction along a lime at right angles to 24th Street, 140.05 feet to Low Alley; thence in an south- erly direction along the western line of Low Alley, 50 feet to a point; thence in an weater y dtrvcU= along a line at right angles to 24th Street, 140.05 feet to 24th Street; thence in an northerly direction along the eastern line of 24th Street, 50 feet to a point or place of beginning. Being Lot Nos. 51 and 52, the northern 3.35 feet of Lot no. 50, and the southern 6.65 feet to Lot No. 53, as shown on a Plan of Lots laid out by H. C. Zacharais in the Borough of Camp Hill, said Plan being recorded in the Cumberland County Recorders office in Plan Book 1, Page 1. Having therein erected a two- story brick dwelling numbered 257 N. 24th Street, Camp Hill, Pennsyl- vania. Subject to any restrictions, ease- ments and/or adverses that pertain to this property. BEING the same premises which Robert A. Hopper, by Deed dated January 14, 2000 and recorded on January 18, 2000 in and for Cumberland County, in Deed Book Volume 214, Page 1081, granted and conveyed unto Christopher R. Silva and Amy L. Silva, husband and wife. Tax Map No.: 01-21-0271-075.