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Home My WebLink About00-03288 ,< -, - ..-" ~~ , ..-., ~',- ",,--- .>~-,."",,._, -, --; :i .. . MEMBERS 1" FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 06 - dJ.?} CIUl-( T~ DENNIS E. SPICHER AND RITA S. SPICHER, : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, 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 DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108 1 , ~ O_,__;.r_._",' , "' ,.., ',^"--.'. . .MEMBERS 1" FEDERAL CREDIT ill\1JON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. DENNIS E. SPICHER AND RITA S. SPICHER, : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE NOTICIA Le han delnandado a usted a la corte, Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo ai partir de la fecha de la demanda y la notiJicacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya. Se ha avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notiJicacion y por cuaiquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENlE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 or 1-800-990-9108 2 10: .-';.,C'"_' -__i'~' ~. _;.._ -" - -'":..':j . , MEMBERS I"FEDERALCREDIT UNION, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. b1J. 32ff ~ '1.u-- DENNIS E. SPICHER AND RITA S. SPICHER, : CIVIL ACTION - LAW Defendants : MORTGAGE FORECLOSURE COMPLAINT AND NOW, comes Plaintiff, Members 1" Federal Credit Union, by its attorneys, Saidis, Shuff and Masland, and files this Complaint, alleging in support thereof the following: 1. Plaintiff, Members 1" Federal Credit Union ("Members 1""), is a banking organization with a principal regional office located at 5000 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendants, Dennis E. and Rita S. Spicher ("Defendants"), are adult individuals whose last known address is 1112 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On or about August 25, 1997, Defendants borrowed from and agreed to repay to Members 1st the sum of One Hundred Eighty-Three Thousand Seven Hundred Fifty and 00/100 Dollars ($183,750.00) ("Loan"). As security for the Loan, Defendants executed and delivered to Members 1st a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in Upper Allen Township, Cumberland County, Pennsylvania known as 1112 East Lisburn Road, Mechanicsburg, Pennsylvania ("Property"). At all times relevant hereto, Defendants were and remain the record and sole owners of the Property. A description of the Property is attached 3 ~r: ~~ ~~' "',, -', " - ),t' . hereto, made a part hereof and marked Exhibit "A". A copy of the Note ("Note"), evidencing the Loan is attached hereto, made a part hereof and marked Exhibit "B". 4. On August 27, 1997, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1401, Page 663. A copy of the Mortgage is attached hereto, made a part hereof and marked Exhibit "C". 5. The Mortgage was never assigned by Members 1st and is still held by it as a valid and subsisting obligation of Defendants. 6. Under the tenns and conditions of the Note, Defendants agreed to make montWy payments to Members 1st in the amount of One Thousand Three Hundred and 58/100 Dollars ($1,300.58) beginning on October 1, 1997, and continuing on the 1st day of each month thereafter. 7. Defendants have breached the tenns and conditions of the Mortgage and Note and are in default under such tenns and conditions because they have failed to make the payments required in accordance with the tenus thereof 8. Defendants are presently indebted to Members 1st, as of May 15, 2000, in the amount of Eight Thousand Twenty-Three and 56/100 Dollars ($8,023.56) itemized as follows: Principal $ 184.61 Interest to and including May 15, 2000 $6,378.83 Late Charges $ 260.12 Attorney Fees $1.200.00 TOTAL DUE $8,023.56 9. Defendants also agreed under the tenns of the Mortgage that in the event of default 4 ,. ',-,-, ,""",, ~ ,,- _'_o'~ C', ,---,,,'i-c,,. __ '.},:; ;-'-~:' 1 , thereunder they would pay, in addition to the charges listed in paragraph 8 above, costs incurred by Members 1 st as a result of the institution of these legal proceedings. 10. The obligation owed by Defendants to Members I st continues to accrue interest thereon at the rate ofTIUrty-Seven and 52/100 Dollars ($37.52) per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, and attorneys' fees. 11. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385 No. 91, 35 P.S. Section 1680.401c et seg., Notices of Intent to Foreclose and of Defendants' rights under said Act were forwarded to Defendants on March 28, 2000, by certified mail, return receipt requested, addressed to Defendants. Copies of said Notices are attached hereto and marked Exhibit "D". Members 1st believes, and therefore avers, that Defendants have not applied for assistance under the Act. 12. Pursuant to the Act ofJanuary 30, 1974, PL. 13, No.6, 41 P.S. section 101 et seg., and in particular section 403 thereof, Members 1 st gave written notice to Defendants of its intent to foreclose by letters dated March 28, 2000, addressed to Defendants, certified mail, return receipt requested. Copies of said Notices are attached hereto and marked as Exhibit "E". 14. Members 1st has received postal forms 3811 evidencing the receipt of the Notices by Defendants. Copies of postal forms 3 811 are attached hereto and marked as Exhibit "F". 15. As set forth above, Members 1st has made demand upon Defendants herein to cure the default under the aforesaid Mortgage and Note. However, Defendants have refused and failed and continue to refuse and fail to make payment to Members I". WHEREFORE, Plaintiff, Members 1" Federal Credit Union, demands judgment against 5 '-0"- -',~--<, . ,'q- -. , - ',,", ';L :"C_", ,~~",~, ,~, ":::",:j . Defendants, Dennis E. Spicher and Rita S. Spicher, in the amount of Eight Thousand Twenty-Three and 56/100 Dollars ($8,023.56), plus interest at the rate of Thirty-Seven and 52/100 Dollars ($37.52) per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and costs, and for foreclosure and sale of the mortgaged property. Respectfully submitted, SAlOIS, S & MASLAND Date:~ ( t~! (!JO By: ~ M. L. ebo Esquire Supreme Court ill #59012 2109 Market Street CampHill,PA 17011 (717) 737-3405 Attorney for Plaintiff 6 M .. .,. . ,_,,"_.~'- ~- . '1 . . . ~- :~-~_::::)~~~._o ALL THAT CERTAIN piece or parcel ofland si tuate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of East Lisbum Road (L.R. 416) at the northeastern comer of Lot No, 9 on the hereinafter mentioned Plan of Lots; thence through the center line of East Lisbum Road, South 89 degrees 08 minutes East. a distance ofl08,07 feet (erroneously described as 107,07 feet in prior deeds) to a point; , thence through the center line of East Lisbum Road due East, a distance of50,QO feet to a point at the northwestern comer of Lot No, lIon said Plan; thence by Lot No, 11 South 00 degrees 52 minutes West, a distance of 912,30 feet to an iron pin at land now or late of Ernest Latham; thence by said Lathan land the following two courses and distances: (1) North 88 degrees 16 minutes West, a distance of 117,26 feet to a stone (found); (2) North 81 degrees 16 minutes West, a distance of 41.20 feet to an iron pin at Lot No, 9 on said Plan; thence by Lot No, 9, North 00 degrees 52 minutes East, a distance of903,78 feet to a point, the place ofBEGINNlNG, Tax Parcel No, 42 -:3 0 . 2. ( 2. 1- .0o!J- Exhibit "A" M~~ .~ el~i~:le PM ~'E'M-~~~~'S-~-S~ ;~'~-6' I N~.. DEPT :,. .~~;";~dll"'~ ..." . . ; -,'-.. '4", P7.13 2 . r'. ,~ AP# S PIC HER 1 6 1 0 II 9 LN# 1 II 1 0 6 9 - O( NOTE Augult 25. 1997 (Date] MECHANICSBURG [City] Pennlylvan1& (StIlle] 1112 EAST llSBURN ROAO.MECHANICSBURG.PA 17055 [Property Addre88) 1, BORROWER'S PROMISE TO PAY In return fot a loan lhe! I have received, I promise 10 pay U.S. SIB 3 . 750 . 0 0 (this amoum 18 called 'prlnclpal'), plus Interest, to the order 0/ the Lender. The Lender Is M E M B E R 5 1 S T F E 0 ERA L eRE 0 IT. UN ION I underllland that the Lender may lransfer this Nate. The Lender or anyone who takes 1Ill8 Note by transfer and who Is entitled to receive paymems under this Note Is called the 'Note Holder.' 2. INTEREST Interest wDI be charged on unpaid prlnclpal umu the full amoum of principal has been paid. ! will pay IntereSl at a yearly I8te of 7. II 2 S 0 '1(" TII8 lnterl98l rate required by this Section 2 Is the rate I will pay both before and after any default dllSCrlbed In Section 6(6) of this Note. 3. PAYMENTS (A) Tlllllllnd P18cI of Paymante I will pay principal ancllntere8t by making payments every month. I wOI make my monthly payments on the 1. t day of each momh beginning on 0 c t 0 b . r 1, 1 9 9 7 . I wOI make these payments every month untO I have paid all of tllll prlnclplil and Interest and any other charges described below that I may owe under this NOte. My monthly payments will be apDlIed to Imerest before principal, If, on s . pt. In b I r 1. 2 0 2 7 . I 8tHI owe amounte under this Note. I wOI pay those emounts In full on that date, which Ie called the "maturity date." I will make my monthly payments at P,O. BOX .0, MECHANICSBURG. PA 17055 or at a different place If required by tllll Nole Holder. (8) Amount of Monthly Payments My montl1ly payment will be In the amount of U.S. $ 1 . 3 0 0 . 5 8 4. BORROWER'S RIGHT TO PREPAY I have the right to make paymsnls of principal at any time before they IflI due. A payment of principal only Is known as a "prepayment. ' WllIIn I make a prepayment. I will tell the Note Holder In writing that I am dolng 80. I may make 8 full prapaymenl or partlalllrspayrnents without paying any prepaymenl charge, The Note Holder wUI use all of my prepayments to reduce the amoum of prlnclpal that I owe under this Note. If I lTlIka. partial prepayment, there wDl be no changllS In the due date or In the amount of my montl1ly paymem unless the Note Holder Bgl'88sln wrlllng to those changes. I. LOAN CHARGES If II law, which applies to this loan and which sets maximum loan chargee. fa Ilnally Intllrpreted 80 that the IntsreSl or other loan charges collected or to be collected In connection with this loan axceed the parmlll8d limits. then: (Q any such loan charge shall be reduced by the amoum n8CllS88lY to reduce. the cI'llIrge to the permitted IImll: and (II). any sums already collected from me which lIXC8IIded pennltted IImIIs wAl be refunded to me. The Nate Holder may choose to mIIke this refund by reducing the principal I owe under thls Nate or by making a direct payment to ma. If a refund reduces principal. the reduction will be tlr8ated as a partial prepayment MULTI$TATE FIXED RATE NOTE-Slnole Famllv-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CNOT..//0195/3200(1283)-L l'age 1 of 3 Form 32llO 1a/a Exhibit "B" FJll MAY B9 BB 12:18 PM ~ i ~"'~';'._ . "'<'~:"'<'" ',~~ ._ MEMBERS1ST Feu INS. DEPT 7177955178 "'" ,;'-:i ,_:i '" ." ,~." ;i~., (...[,;j P.03 ., -. APf# SPICHER 161069 LN# 1 8 1 D 8 9 . 0 2 .. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lata Chllrg. tor Overdue P.ym.nIa If the Note Holder hu not received the lull amount of any monthly payment by the end 01 1 5 calnar daY' aller the date It II due, I will pay a late charge to the Noee Holder. The amount 01 the charge wll be 5 , D D D D "01 my overdue payment 01 prlnclpel andlntel"ll8l. I wi! pay this late charge promplly but only once on each late payment, (B) Delaun III do not pay the lull amount oIll8ch monthly payment on the date It Is due. I wll be In default. (C) Notlce Of Def.ult If I am In default, the Note Holder may send me a written notice telling me that If I do not pay the OYlIrdue amount by II certain dale, the Note Holder may require me to pay Immediately the full IIITlOUnt of DrlncItlaI which has not been paid and all the Interest lhat ows on that amount. That dale must be at 1981It 30 daY' alter the date on whICh the notice Is delivered or mailed to me. (D) Na Waiver By Not. Holder Even If, at a time when I am In default, the Note Holder dOllS nOl require me to pay Immedl8tely In full 118 dlllCrlbed above, the Note Holder will stili have the right to do 80 III am In deleult at a later time. (E) Paym.nt al Not. HoICIar'. CoaIe.nd Expen... If the Note Holder has required me to pay Immediately In full .. dellCl'lbed above, the Note Holder will have the right to be paid back by me for all of 118 C08t8and expenses In enforcing this Noll to the extent not prohibited by applicable law, 'Those expenses Include. for example, reasonable attorneys' fees, 7. GIVING OF NOTICES Unlesa appl.lcablelaW requires a dlllerent method, any notice that must be given to m. under this NoI. wtII be given by delivering It or by mailing It by ftr&t class maD to me et the Propeny AddI'88ll above or at II dlllerent addreselfl give the Note Holder a notice 01 my dlllerent addrese, Any noIIce that must be given to the NoIe Holder under this Note wHl be given by mailing It by tlrst clase .. maD to the Note Holder at the addrese stated In Section 3(A) above or at a dlllerent addi'll8ll III am given a notice 01 that dlllerent address. .. OBUGATlONS OF PERSONS UNDER THIS NOTE If more than one person signs Ihl. Note, each pet'8On Is fully and personally obligated to keep all at the proml_ made In thl, Note, mcludlng tha proml88 to pay the full amount owed, Any person who Is a guarantor, llIII'ety or endorser 01 thlll Note Is also obligated to do these things. Any person who lakes over theae obligations, Including the obligations 01 a guarantor, aurety or andoraer 01 thl, Note. 18 also obIigalad to keep all of the proml8ea made In this Note. The Note Holder may enforce 118 rtghts under thll Note against each person IndIVidually or against all 01 us together. This means that any one 01 us may be required to pay llII 01 thll amOl,lnts owed under this Note, t. WAIVERS I and anx other person who has obligations under this Note waive the rights 01 pr888ntment and notice 01 dishonor, Prll88lltment" meane the rlgnl to require the Note Holder 10 demand payment 01 amounts due. 'Notice 01 dishonor" mean. the right to require the Note Holder to give notice to other persons that amounts dUB have nol been paid, 10. UNIFORM SECURED NOTE This Note 18 B uniform Instrument with limited variations In some )urtsdlctlan8. In addition to the protections given to the Note Holder under this Note, B Mortgage, Deed 01 Trust or Security Deed (the 'Securlty Instrument"). dated the same dale .. thl, Note. protect. the Note Holder from poselblelO889swlllch might reaultlf I do not keep the promises which I make In thl, NoIe, That Security Instrument describes now and under what conditions I may be required to make Immediate payment In full of all amounts I awe under this Note, Some of tho8e conditions are described a.loIlows: MULTISTATE FIXED RATE NOTE-Slngle Famlly-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CNOT** II0195/3200(1283)-L Page 2 013 Form 3200 12/13 '::!t MAY-a9-aa 12=11. ~M ><.- -I I -'0" '" MEMBERS 1 ST Feu I NS-.. DEPT 7.1779_55178 "-. ~" ,_ "-,,.~ ., ,~,"_"",,' ' ,.t. "C<::' P_04 . '$ AP* SPICHER 161069 LN* 18 1 0 68 - Q2 TnInafw af the PI'Ol*lY 01. Bande. Iallntereat In B~. If all or 11I1)' pert rI tha Propeny or any Intereet In ilia eo1d or transferred (or If . benelIcIallnlerast In BorrowtIr Is IOIcl or transferred and BOIrrOW8r II. not a natural peraon) without Lender'. prior wr/ttan COII88I1l. Lender may. lit lis apUon. llIqulre immediate payment In full rllIl lums I8CUred by thll Securfty InIb'Ilmlll1l HpwlV8r, IhII QPtlon sh8II not be lIX8rcl8ed. by Lender II exererae Is prohlblled by f1Iderallaw a8 of the date 01 WI securfty Instrument. . If Lender 8ll8rc18e8 thll OptIon. Lender IhaII give Borrower notice of .ccalerallon. The notice IhaII ~e . period of nOlI_ than 30 days from the dare Ih8 notice Is dellvetlld or maled within whIch Borrower muet pay III sume l8Cured by this Security 111Itrum8nt. If Borrower"" to pay these eume prior to the expiration 01 thla ll8IIod. Lend.,. may Invoke any ~... permllt.ed by this 8eeurlly Inetrument without further notice or demand on Boirower. BY 8U]NII\IG BELOW. Borrower acceptl and agrees to the tenne and COV8nlII1I8 c:onIIInad In pagel 1 through 3 d IIlla NOI8. . WITNESS THE HAND(8) AND SEAL(S) OF THE UNDERSIGNED, ~ e 1;..L DEN N I S E. S PIC HER (Sa/II) -Borrower ~~. i-xct';.II.1~ RITA S. SPIC ER (s.r) -Borrower (SaeI) -Borrower (SelII) -Borrower [SIgn Original Only} IIULn8'l. "TIE FIXED flATE NOTE-8Ing'e Famlly-FNMA/FHLIIC UNIFORIIINSTRUIIENT ISC/CNOT."/I0195/3200(12B3)-L Page 3 of 3 Farm 32llO 12/83 ~ [jj= ae\ d~1 S'~ V\.JA- \ \e I\/~ . ,.~,,,,,"-_/ " lid tJ61-S ,,," ", , .- ;M'_.,~ " ,. . "-" - . '. ". . :: ,~ : ~- ~ AFTER RECORDING MAIL TO: MEMBERS 1ST FEDERAL CREDIT UNION P.O. BOX 40 MECHANICSBURG. PA 17055 '{:::. ~'; ", - "' ...~:- i".':,:. D S ............'i~M,\:..: :;CUNr'~'-;,,_ . ,~ '9'/ AUd 21 ArJ 8 12 LOAN NO, 1 6 1 0 6 9 - 0 of [Space Above ThIs Une For ~Ing Deta) MORTGAGE THIS MORTGAGE ("Security Instrumenf) is given on A u g u s t 2 5. 1 g 9 7 OENNIS E, SPICHER and RITA S. SPICHER . The mortgagor is MEMBERS 1ST FEDERAL CREOIT UNION, which Is organized and existing underthe laws of THE U NIT E 0 5 TAT E 5 0 F A MER I C A , and whose address is P, 0, BOX 4 O. M E C H A N I C 5 BUR G. PAl 7 0 5 5 ("Lende..). Borrower owes Lender the principal sum of One Hundred Eighty Three Thousand Seven Hundred Fifty Oollars and no/l00 Dollars (U,S, $ 1 8 3 . 7 5 0 , 0 0 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, If not paid earlier, due and payable on 5 e p t em b e r 1, 2 0 2 7 , This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note: For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located In Cum b e r 1 and COUnty, Pennsylvania: ("Borrowe"), This Security Instrument Is given to 5CHEOULE "A- ATTACHED which has the address of Pennsylvania 1 1 1 2 E A 5 T LIS BUR N [Street] ("Property Address"); ROAD MECHANIC5BURG [City] 1 7 055 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property,' BORROWER COVENANTS that Borrower is lawfully seIsed of the estate hereby conveyed and has the right to mortgage grant and convey the Property and that the Property is unencumbered, except for encumbran,ces of record, Borrower Warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record, PENNSYLVAN"'-'SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT BOOK 1401 PAGE 663 ISC/CMDTPA//0391/3039(9-90)-L PAGE 1 OF 6 Exhibit "e" FORM 3039 9/90 .~ ~~ ~~ "" :J.;j> - -eo_ ~....- - -.-,-,~ ~_~o;' c.,_ -, ~'- ,1 " -[,,-~.' , LOAN NO. 1 6 1 0 6 9 - 0 2 . . THIS ~E~URITY. IN.ST.R~MENT com.bines uniform covenants for national use and non-uniform covenants with limited vanatlQt1s by JUrisdICtion to constitute a uniform security instrument covering real property, UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows: 1,. P~yment of .Principal and Intere~;. Prepayment and Late Charges.. Borrower shall promptly pay when due the pnnclpal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2, Fund. for Taxes .nd Insurance. Subject to applicable law or to a written waiver by Lender Borrower shall pay to Lender ,on the day m~n~y pay,ments are d~e und~rthe Not~, untU t~Note is paid in full, a sum '("FUndS') for: (a) yearly tax~.s and. assessrr~.nts which may attain priority over thiS Securitylnstru. ment as a lien on the Property' (b) yearly leasehold paY!nents or !;jround rents on the Property, if any; (c) yearly hazard or property Insurance premlum~' (d) yearly f1ooj:1 insurance p~emiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower ~o L~nder, in acbordance with the provisions of paragraph 8, in lieu ,of the payment of mortgage insurance premiums; These items a~e called 'Escraw Items.' Lender may, at any time, collect and hold Funds in an amount not ta exceed ~he imaximum Ia:mount a lender far a federaUy related mortgage loan may require far Borrower's escrow . accaunt u\1Clerthe fedel'l\lli Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Ii 2601 at~. f\RESPA'), ~Ji1less anather law that applies ta the Funds sets a leSser amount. If so, Lender may at any time, colleCt afJd hold Fun(fs in an amaunt nat ta exceed the lesser amaunt, Lender may estimate the amourtt of Funds due on th~ basis of currerit data and reasanable estimates of expenditures of Mure Escrow Items ,or otherwise In accordance with applicable law, The Fl)nds shall be held in an Institutlan whose deposits are insured by a federal agency, Instrumentality, or entity (including ~en~er, if Lender is such an institution) or In any Fedel'lll Home Loan Bank. Lender shall apply the Funds to pay the EsproY' Items. Lehder may not charge Borrower for holding and applying the Funds. annually analyzing the escrow ac~u~, or verifYing the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lend~r to make such a charge. However, Lender may require Borrowerto pay a ,one-time charge for an independent real estate lii1' reporting service used by Lender in c,onnection with this loan, unless applicable law provides othelwise, Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid an the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, shQwing credits and debits to the Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. "the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower In writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptiy refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this SeCurity Instrument. 3. Application of Payments, Unless applicable law provides otherwise, all payments receiVed by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note, 4. Charges; Uens, Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attair priority over this Security Instrument, and leasehold payments ,or ground rents, If any. Sorrower shall pay these obligations in the manner provided in paragraph 2, or if not paid In that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Sorrower shall promptiy furnish to Lender receipts evidencing the payments. BorroWer shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the llen In a manner ~c!leptable ta Lender; (b) cont~sts In good faith the lien by, or defends against enforcement of the lien In, legal proceedings which In the Lender's oplmon operate ta prevent the enfarcement of the lien; or (c) secures from the holder of the lien an agreement satls~ctory, to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Pro~rty IS subject to a lien which may attain priority over this Security Instrument, Lender may giVe ~orrower a notice lde':ll!'Ylng the lien, Sorrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the gMng 01 notice, 5. Hazard or Property Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured against loss by fire, hazards incl~ed :-vithin the tem:' '~xtendedcoverage' a!'Jd ~ny o~her hazards, including floods or flooding, for which Lender reqUIres Insurance. ThiS Insurance shall be maintained In the amounts and for the periods that Lender requires, The insurance carrier providing the illsurance shall be c~osen by Borrow-: subject to Lender's approval which shall not be unreasonably withheld. If ~o~tower fails to malnta\n coverage desc:ribed above, Lender may, at Lender's option, obtain coverage to protect Lender s lights In the Praperty In accordance with paragraph 7. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ,SC/CMDTPA//0391/:1039(9-90),L PAGE 2 OF 6 BGult 401 PAGE 664 FORM 3038 8/80 I;i....~m~ ~ ~;Ujlii!iilllj,["iMllliIl"-"" ~ 1 _. ,~."...... . -; "" - .,; ---,-~ LOAN NO, 1 6 1 0 6 9 - 0 2 All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause Lender shall have the right to hold the policies and renewals. If Lender requires Borrower shall promptly give to ~ ~II receipts of J?8id premiums and renewal notices, in the event of loss, Borrower shall give prompt notice to the . Insurance carner and Lender, Lender may make proof of loss If not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restorallon or repair of the Property damaged, if the restoration or repair Is economically feasible and Lender's security Is not lessened If . the restoration or repair is not economically feasible or Lender's security would be lessened the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, "';Ith any excess paid to Elorrower, If Borrower abandons the Property, or does not answer within 30 days a notlce from Lender that the insurance carrier .has offered to settle a claim, then Lender may collect the Insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due, The 3O-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shan not extend or postpone the due date of the monthly payments referred .to in paragraphs 1 and 2 or change the amount of the . payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisiticin shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition, 6. Occupancy, 'Preservation, Maintenance and Protection of the Property; Borrower's Loan Appl6catlon; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, Elorrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether clvn or criminal, Is begun that In Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security Interest. Borrower may cure such a default and reinstate, as provided In paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material Impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default If Borrower, during the loan application process, gave materially false or Inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, Including, but not limited to, representations conceming Borrower's occupancy of the Property as a principal residence, If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights In the Property (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights In the Property, Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing In court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounta shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8, Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage Insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance prelliously In effect, at a cost substantially equivalent to the cost to Borrower of the mortgage Insurance previously In effect, from an alternate mortgage insurer approved by Lender. If substantially eq!Jlvalent mortgage insurance coverage is not avaUable, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium ~ng paid by Borrower when the insurance coverage lapsed or ceased to be In effect, Lender wUl accept, use and r~ln these payments as a loss reserve in lieu of mortgage insurance, Loss reserve paym!lnts may no longer be reqUired, at the option of Lender, If mortgage insurance coverage (in the amount and for the paned that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borr~er shall pay the pre~lums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the rll9ulrement for mortgage Insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9, Inspection. Lender or its agent may make reasonable entries upon and Inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the Inspection. 10, Condemnation. The proceeds of any award or claim for damages, direct,or,consequential, In connection with any condemnation or other taking of any part of the Property, or for conveyance In lieu of condemnation, are hereby assigned and shalt be paid to Lender. BGtJ,1401PACf: 665 PENNSYlVANIA-SINGLE FAMIL Y-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30389/'<<1 ISC/CMDTPA//0391/3039(9-90l-L PAGE 3 OF 6 .r.M ....,._"""..~~_iIIIuIJ.~ILJ.~"".i..~.._ , '. .1 ..,'~ " ,~ .~ ., ~." LOAN NO. 1 6 1 0 6 9 - 0 2 In the event af a tatallaking af the Praperty, the proceeds shall be applied to. the sums secured by this Security In~rument, whether or .not then due, with any excess paid to. Borrower. In the event of a parllal taking of the Property In which the fair mark~ value of the Property. Immediately befare the laking Is equal to. ar greater than the amount r:A the ~um~ ~ured by thiS Security In~rument .Immediately befare the laking, unless Barrower and Lender othe!wlse agree In writing, the sums secured by thiS Security instrument shall be reduced by the amount of the proceeds multiplied by the following fractian: (a) the total amaunt of the sums secured immediately before the laking divkled by (b) the fair . market value af the Praperty Immediately befare the laking, Any balance shall be paid to. eon:ower,ln the event of a partial laking of the Praperty in which the fair market value of the Property Immediately before the laking Is less than the amaunt of the sums sewred immediately before the laking, unless Borrower and Lender olherwlse agree \in writing or unless applicable law atherwise provides, the proceeds shall be applied to. the sums secured by this Security Instrument whether ar not the sums are then due, If the Praperty Is aoondaned by Barrawer, ar if, after n.otlce by Lender to. Barrower that the condemnar offers to. make an award ar settle.a claim for damages, Barrower falls to. respond to. Lender within 30 days after the date the natice is given, Lender Is autharlzed to. collect and apply the proceeds, at lis aptian, ellher to. restaratlan ar repair of the Praperty ar to. the sums secured by this Security Instrument, whether ar nat then due, Unless Lender and Barrower atherwise agree In writing, any appllCatlan of proceeds to. principal shall not extend or postpone the due date of the manthly payments referred to. in paragraphs 1 and 2 ar change the amount of such payments. - 11. BQfliawer Nat \~el~sed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modiflcatian 'of amartiUtial1 of the sums secured by this Security Instrument granted by Lender to. any successor In Interest af Bqrrawer Sh#l! nat aperate to. release the liability af the arlginal Barrawer or Barrrower's successors In Interest. Lenller shall npt be required to. cammence proceedings against any successor in interest ar refuse to. extend time far payrpent ar at~~rwlse modify amartizatlan af the sums secured by this Security Instrument by reason of any demand macje by the o.tiginal Barrawer ar Barrower's successors In interest. Any farbearance by Lender In exercising any right ar r~medy shlil~ nat be a waiver af ar preclude the exercise of any right ar remedy. 12. SuccessQra aiil~ Assigns Baund; Jaint and Several Liability; Co-signers. The covenants and agreements af this Securjty Instrum~rt shall bind and benefllthe successars and assigns of Lender and Barrower, subject to. the pravisians afi, paragrap~ ~ 7. Barrawer's cavenants and agreements shall be Jaint and several, Any Barrower who. co.-signs this!,Security lrilstrument but daes nat execute the Nate: (a) is co-signing this Security Instrument anly to. martgage, gr'?nt and cqnvey that Borrawer's interest in the Praperty under the terms of this Security Instrument; (b) is nat persa"illly abl!gatec!l~a pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Barrawer may agree tai~xtend, moflify, farbear ar make any accammodations wllh regard to. the tenns of this Security Instrument or the Nate wllhout that Borrawer's cansent. 13. Loan Charges; . If the loan secured by this Security Instrument is subject to. a law which sets maximum loan charges, and that law i~i finally interpreted sa that the interest ar ather loan charges collected ar to. be collected in cannectian with the loarl exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to. reduce the\charge to. the permitted limit; and (b) any sums already collected fram Barrawer which exceeded permitted limits will be refunded to. Barrawer. Lender may chaase to. make this refund by reducing the principal awed under tH~ Nate ar by making a direct payment to. Barrawer. If a refund reduces principal, the reductian wUl be treated as a partial prepayment withaut any prepayment charge under the Note, 14, Notices. Any natice to. Barrawer pravided far in this Security Instrument shall be given by delivering II ar by mailing it by first class mail unless applicable law requires use of another method, The notice shall be directed to. the Property Address or anyiather address Borrawer designates by notice to. Lender. Any notice to. Lender shall be given by first class mall to. Lender's address stated herein ar any ather address Lender designates by natice to. Borrower, . Any natice pravided far in this Security Instrument shall be deemed to. have been given to. Barrower ar Lender when given as pravided in this paragraph, 15, Governing Law; Severability. This Security I nstrument shall be gaverned by federal law and the law of the jurisdictian in which the' Praperty is lacated. In the event that any pravisian ar clause of this Security Instrument or the Nate canflicts. with applicable law, such canflict shall nat affect ather provisians af this Security Instrument ar the Note which can be given effect withaut the canflicting provisian, To. this end the provisions af this Security Instrument and the Nate are declared ta.be severable. 16. Borrower's Copy. Barrawer shall be given ane canfarmed capy af the Nate and af this Security Instrument, 17. Transfer of the Praperty or a Beneficial Interest in Borrawer. If all or any part of the Praperty ar any interest in it is sold ar transferred (ar if a beneficial interest in Barrawer is sold ar transferred and Barrawer is not a natural persan) withaut Lender's priar written .cansent, Le~der ':"8y, at its aptian, req~ire immediate payme~ i~ full of aI! sums secured by this Security Instrument. Hawever, thiS aptian shall nat be exerCised by Lender if exercise IS prahibited by federal law as af the date af this Security Instrument. If Lender exercises this aptian, Lender shall give Barrower natice of acceleratian. The nallce shall provide a period of natless than 30 days fram the date the natice is delivered ar mailed within which Barrower must pay all sums secured by this Security Instrument. If Barrower falls to. pay these sums prlar to. the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument withaut further natice ar demand an Barrower. PENNSYLVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMaTPA/ /0391/3039(9-00)-L PAGE 4 OF 6 Boud401rAGE 666 FORM 30311/" "' .~- . ,,'I '.,,-___ " d:;~;,,";,' "' . LOAN NO, 1 6 1 0 6 9 - 0 2 18. Son:owe(S Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement ,of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period a~ appllca~ law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained In thiS Security ,nstrument; or (b) entry of a Judgment enforcing this Security Instrument, Those conditions are that Borrower: (alpays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleratlonhl!d occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender In/ily'reasonably require to assure thl!t the lien of this Security Instrument, Lender's rights in the Property and Borrower's opligation to pay the sums secured by this Security Instrument shall continue unchl!nged, Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully eIlectlve as If no accelerati!ln hl!d occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sale, of Nlote;Change of Loan Servicer. The Note or a patiial iilterest In the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change In tl18 entity (known as the 'Loan Service!") thl!t collects monthly payml!nts due under the Note and this Security Instrument. There also may be one or more changes of the Loan SeNlcer unrelated to a sale of the Note, If there is a chl!nge of the Loan Servicer, Borrower wW be given written notice of the llhange In accordance with paragraph 14 above 'and applicable law, The notice will state the name and address of the new Loan SeNlcer and the address to which payments should be made. The notice will also contain any other inforlTl$\Il!ln reQUired bv apolicable law. 20. HaZl/r\lOUs S\olbstances. B?rrOWer shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property thl!t is In violation of any Environri1e~tal" Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property, Borrower shl!1I promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any govemmel1!al or regulatory agency or private party invOlllingthe Property and any Hazardous Substance or Environmentallllwof which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory a~hority, thll.t any removal or other remediatlollof"any Hazardous Substance affecting the Property Is necessary, Bl1lrrower shall promptly take all necessary remedial actions In accordance with Environmental Law. As used in this paragraph 20, 'Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum prOducts, toxic pesticides and herbicides, volati!e solvents, materials containing asbestos or formaldehyde, and radloactwe materials, As used In this paragraph 20, 'Environmental Law' means federal laws and laws of the Jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON.UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 21, Accl!leraftlon; Remedies. Lender shall give notiQ1!to Borrower prior to acceleration following Borro~s breach of any covena~ or agreement in this Security I~~ment (but not prior to acceleration under pllragraph 17 unless applicable 18wprovides otherwise). Lender~\1a!1 notify Borrower of, among other things: (\I) the default; (b) t/1le action required to cure the default; (c) W\1ei'lthe default must be cured; and (d) that failure to cure the default a$ .pecifiecl may result in acceleration of th. s\lms secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. LendeJr!shall further inform Borrower of the right to ralnstate after acceleri.tion and the right to assert in the forecloslJrl! proceeding the non-existence of iI default or any other defense of Borrowl!r to acceleration and foreclosure, If'the default is not cured as specified, Lender at ita option may require Immediate PlIyment In full of all sums s~c~~ecI by this Security Instrument ~hout further demand and mayforllclose ~is SeCl;"'itylnstrume~ by judiCl8l,,,,ro~eedlng. Lender shall b.e entitled to !lollect all expenses incurred In pUrs;umg the remedl8S provided m thiS paragraph 21, Includmg, but not limited to, attorneys' fees and coSts of title evidence to the extent permitted by appllceble law. 22. Release, Upon PlIyment of all sums secured by thi& Security Instrument, this Security Instrument and !he estate conveyed shall terminate and become void. After such occurrence, Lende~ shall dlschl!rge and satisfy thiS Security Instrument without charge to Borrower. Borrower shall pay any recordation costs, 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefll of any present or future laws providing for stay of execution, extension of time, exemption from attachment, ievy and sale, and homestead exemption, BGoii140iPAGE 667 PENNSYLVANIA-SINGLE FAMILY-FNMAjFHLMC UNIFORM INSTRUMENT ISCjCMDTPAII0391j3039(9-90),L PAGE 5 OF 6 FORM 3039 9/910 ~- - .-~ , ~<~::-:j . ~ l ' LOAN NO, I 6 I 0 6 9 - 0 2 , 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour priorto the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument Is lent to Borrower to acquire title to the Proparty, this Security Instrument shall be a purchase money mortgage, 26. Interest. Rate After Judgment. Borrower agrees that the Interest rate payable after a Judgment Is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time underthe Note, 27. Rlder& to this Security Inalrument. . If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall. be Incorporated Into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rlder(s) were a part of this Security Instrument. [Check applicable box~lkIjustable Rate Rider . DCondomlnium Rider . 01-4 FamUy Rrder o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Rate Improvement Rider 0 Second Home Rider DOther(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and In any rlder(s) executed by Borrower and recorded with it, Witnesses: o~ e 2d DERRIS E. 'SPICHER (Seal) -- Social Security Number I 9 I - 4 2 - 7 S 7 6 (Seal) ,BOnowo, ~ Lvi. ct'~.IV_,,-, RITA S.-SPlC ER (Seal) -- Social Security Number Social Security Number I 9 I - 4 6 - 2 I 4 3 ~h J 4,QJ;./i '- (Seal) -- Social Security Number [Space Below this Une For AclcnowledgmentJ Certificate of Residence I, f( (i~ EL vv II '- ,c,;2f , do hereby certify t~hahe rrect a.d~ress of the withi -named MortgageeisP.o. sox 40, ~ECHARICSBURG, PA 10 . Witnessmyhandthis 25th dayof August, 1997. ~' , . Agont of Mor1gagoe COMMONWEALTH OF PENNSYLVANIA, Ct.,1~"",It ... .....v- () County sa: On this, the 25th day of August, 1997 , before me, the undersigned officer, personally appeared DEN N I S E. S PIC HER and R I T AS. S PIC HER known to ~e or satisfactorily proven) to be the person s whose name s subscr!bed to the within Instrument and . ~,~~4!f ~.. that the y executed the same for the purposes herein contained. -!'iI. '-:;;~:~..~~. , '" .~EREOF, I hereunto set my hand and official seal, I . 9>-...,.... . .,..~....~'.."'Ji I'll /J( r-.< ~;r;~;'~~;~~~res: I,~ /tc(9 "j ~j(, ( .', Q I' (, c, -(, J .__:,~'i1'~;_,,~~~ -:~.,r.'~ ,r'"":?'~,~')'-;;Y: '.0:;., -: ". ;:;.Q'~..~.;.....~...: ".....-~~~....,~~."wI.~. ~-t--:: ~'l'JJ .~ .~~...,...:... _., IIJ':; ...~,.;trii;t :0:...0....':'.-; (.....,:e.~' -....... .~._.......'" .~~!Py7. 1 . . .;ti:u-:'....... PENNSYlVANIA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTPA/ /0391/3039(9-90)-L PAGE 6 OF 6 )\iC~2-J nUe of Officer Notarial Seal Luanne M. HeikesC' ~~';~~~unty Mechanicsburg 80.0, . u 6 1999 My Commission Expires Oee. . FORM 3031111/90 rli(~( I C BGod401PAGE 668 ~ ',., .. <.. ", ~' "', -,-, - '~'-', -':'" :,~;;::,~:~~i~~- ,. ~- . ..., \ . ALL THAT CERTAIN piece or parcel ofland si tuate in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the center line of East Lisburn Road (L.R. 416) at the northeastern corner of Lot No, 9 on the hereinafter mentioned Plan of Lots; thence through the center line of East Lisburn Road, South 89 degrees 08 minutes East, a distance of 108.07 feet (erroneously described as 107.07 feet in prior deeds) to a point; .. thence through the center line of East Lisburn Road due East, a distance of 50,00 feet to a point at the northwestern comer of Lot No, lion said Plan; thence by Lot No. 11 South 00 degrees 52 minutes West, a distance of912.30 feet to an iron pin at land now or late of Ernest Latham; thence by said Lathan land the following two courses and distances: (1) North 88 degrees 16 minutes West, a distance of 117.26 feet to a stone (found); (2) North 81 degrees 16 minutes West, a distance of 41.20 feet to an iron pin at Lot No, 9 on said Plan; thence by Lot No, 9, North 00 degrees 52 minutes East, a distance of903,78 feet to a point, the place of BEGINNING. Tax Parcel No. /2.. 3 0.. 1...( 2. 2- .00 S- ~-'C'l(, ,,#R;;.Cl':Fi'h\f~1' . State of Pennsyfvania } _ ..;',~~~~,~'jII:;~~ounty of.Cumberl~nd 86 , ,;...('...~.~. '.;:!'...~.~""'4'.:~l...~.",.-.,,,,.,.~._.'.,R.e~. r .e. d In the offIce forthe.recordln. 9 of Deeds ,;:~""e~{:ri'4';;J!~:?,,'.: .,:.\;~ct and fc1r'(\:u{ntJerland County, P/l... r ~ i'~'~~~~.t~~~".".'. .~ ;;'.!r . BooJ<"1lll Vol.-:=::::- Paqe ~lf V A~'S,t~"'i1;j> ... ,'~,:::r,;"."."." l'Ihan~. )te'I,,; 0 q 7 ' ...... ..~;,'.., ".4,~~.",... "thl" ; '''''. -,.', "'"- .,i>J'''''",. . .,...... ....,_.. ., , ayof 19 ~r,~~ ~~:it.,~,-:'i9":~~~.J . ' --~ft: ' - . <1"",. ......-;. - .' .,,,,.... :'.;"'4~~.i..'. .~.1:X~:. ,;;;~~'- . ... . ~" . ~"-' ,.-.~l'l"4 i'!"f ...,". -~\' - ,.- .,". A' '- ;;~4.,\"'''~~. .~t;r#,I~~,- Exhibit "A" Booii1401PAGE 669 .. J ,,- . '.-". MA'Y-12 ee 1 e : 52 AM "":I, ,. MEMBERS1ST Feu INS. DEPT ~".- '.' ;,.' 7177955178 '--"',"-;"," --,,,,,,c,_,_" _'< ,'...,;";" P~.02 . . ' IMPORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READTHlS NOTICE. YOU MAY BE ELIGmLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS March 28, 2000 TO: FROM: RE: Denny E. and Rita S. Spicher Members 1't Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055 Account #: 161069, Loan #: 03 Your mortgage is in serious default because you have failed to pay promptly installments of principal and interest, as required. for a period of at least sixty (60) days. The total amount of the delinquency is $3,901,74. That sum includes the following: $1,300,58 due for January 1, 2000, $1,300,58 due for February I, 2000, and $1,300.58 due for March 1,2000. You may be eligible for financial assistance that will prevent foreclOSure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the " Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act lIlI detennined by the Pennsylvania Housing Finance Agency. Plelllle read all of the Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date ofthis Notice, During that time you must arrange and attend a "face-to- face" meeting with a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Joyce Baum, Members l't Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: Urban League of Harrisburg 2107 N. 6th Street Harrisburg, PAl 711 0 (717)234-5925 Exhibit "D" @r MAY 12 00 10:52 AM MEMBERS1ST Feu INS~ DEPT 7177955178 P.03 , , , . It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentiol15. If you have tried and are unable to resolve this problem at or after your fitce-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit CO\llllseling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in filling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency. Your application mUlt be riled or postmarked. within thirty (30) daYI oCyour face- to-Cace meeting. "It Is elLtll'emely Important that you file your application prompdy. Uyou do not do 110. or if you do Dot foHow the other time periodl let forth In this letter, foreclolull"C DUly proceed agaiDlt your home immediately and you will CorCeit your eligibility for assistance". Available funds for em~gency mortgage assistance are very limited. They will be disbursed by the Agency under the eUgibility criteria established by the Act. "It Is extremely important that your application Is accurate and complete IJII every rllllpect", The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you have met th~ time requirements set forth above. You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P. O. Box 15530, Harrisburg, PA 17105, Telephone No. (717) 780-3800 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a "Notice of Intention to Foreclose Mortgage", You must read both notices, since they both explain rights that you now have under Pennsylvania law. However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistlUlce from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance. Sincerely, Joyce Baum Collections Supervisor 2 ,""~~L ..i<lM 1:2"'.. , 10:53 AM < .-1 _._",_,._, .' MEMBERS1ST Feu INS w "'DEPT ,,-. . 7177955178 , ,.. '"" ~1-- '-;j , ,_~..t,B4 , ' . IMPORTANT NOTICE TO HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 PLEASE READ TInS NOTICE. YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE TOWARD YOUR MORTGAGE PAYMENTS March 28, 2000 TO: FROM: RE: Denny E, and Rita S. Spicher Members l't Federal Credit Union. 5000 Louise Drive, Mechanicsburg, PA 17055 Account #: 161069, Loan #: 03 Your mortgage is in serious default because you have failed to pay promptly installments of principal at1d interest, as required, for a period of at least sixty (60). days. The total amount of the delinquency is 53,901.74. That sum includes the following: 51,300.58 due for January 1, 2000, $1,300.58 due for February 1, 2000, and $1,300,58 due for March 1, 2000. You may be eligible for financial assistance that will prevent foreclosure on your mortgage if you comply with the provisions of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the ), Act"). You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control, and if you meet the eligibility requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of the Notice. It contains an explanation of your rights. 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 a representative of this lender, or with a designated consumer credit counseling agency. The purpose of this meeting is to attempt to work out a repayment plan, or to otherwise settle your delinquency. This meeting must occur in the next thirty (30) days, If you attend a face-to-face meeting with this lender, or with a consumer credit counseling agency identified in this notice, no further proceeding in mortgage foreclosure may take place for thirty (30) days after the date of this meeting. The name, address, and telephone number of our representative is: Joyce Baum, Members I" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 (717) 795-6031 The name and address of a designated consumer credit counseling agency is: Urban League ofHanisburg 2107N. 6th Street Harrisburg, PA 17110 (717)234-5925 I'M I 12 Be 10:53 M MEMBERS1ST Feu INS. DEPT 7177955178 P..0S . , ' .. It is only necessary to schedule one face-to-tacc meeting. You should advise this lender immediately of your intentions. If you have tried and are unable to resolve this problem at or after your face-to-face meeting, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit coWl8Cling agencies listed above. An application for assistance may only be obtained from a consumer credit counseling agency. The consumer credit counseling agency will assist you in tilling out your application and will submit your completed application to the Pennsylvania Housing Finance Agency, Your appllcatlon must be rded or pOltmarked, within thirty (30) dayl of your face- to-face meeting. "It il extremely important that you me your application promptly. If you do not do mo, or if you do IIIOt follow the other time periods let forth in this letter. foredolure may proceed against your home ImmedIately and you will forfeit your digibiIlty for &llisuoce". Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. "It is extremely Important that your application Is accurate and complete In every relpect", The Pennsylvania Housing Finance Agency bas sixty (60) days to make a decision after it received your application. During that additional time, no foreclosure proceedings will be pursued against you if you bave met the time requirements set forth above, You will be notified directly by that Agency of its decision on your application. The Pennsylvania Housing Finance Agency is located at 2101 North Front Street, P. O. Box 15530, Harrisburg, PA 17105. Tdephone No, (717) 780-3800 or 1-800-342-2397 (toll free number). Enclosed also is another notice from this lender under Act 6 of 1974. That notice is called a ''Notice of Intention to Foreclose Mortgage". You must read both notices, since they both explain rights that you now have under Pennsylvania law, However, if you choose to exercise your rights described in this notice, we cannot foreclose upon you during that time. Also, if you receive financial assistance from the Pennsylvania Housing Finance Agency, your home cannot be foreclosed upon while you are receiving that assistance, Sincerely, Joyce Baum Collections Supervisor 2 c"^ ~~M~V 09 00 12:14 PM ~~:'~, { MEMBERS 1ST Feu INS. DEPT ..-... 7177955178 r"""- < , \., to P-!:'l9 , . . March 28, 2000 CERTIF][ED MAlL NO. P 516 989 398 RETURN RECEIPT REQUESTED RE: Denny E. and Rita S, Spicher Mortgage Account No. 161069, Loan No. 03 Mortgage Premises: 1112 East Lisburn Road, Mechanicsburg, PA 17055 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members 1- Federal Credit Union, (hereinafter we, us or ours) on your property located at 1112 East Lisburn Road, Mechanicsburg, PA 17055, is in serious default because you have not made the Monthly payments of 51 30058 for JanualY 1. 2000. Februarv 1. 2000. and March 1, 2000. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is $3,901.74. You may cure this default within THIRTY (30) DAYS of the date of this letter, by Davin, to us the above amount ofS3,901 74 plus any additional Monthlv Davment8 and late charlles which ~v fall due durinll the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Members I" Federal Credit Union, 5000 Louise Drive, Mechanicaburg, PA 17055, Attention: Joyce Daum. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our riibt to accelerate the mortltll\le Davments, This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to iostruct our attorneYs to start a lawsuit to foreclose your mortllalled propertr, If the mortlla~e is foreclosed. your mortiaged proDertv will be sold bv the sheriff to 91\Y off the mortia,e debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they are over $50,00, Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifvou cure the defilUlt within the thirty day period. you will not be reqllired to pav attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirtv dav neriod llIId foreclosure proceediniS have blljUn, vou have the right to cure the default and nrevent the sale at any time un to one hour before the Sheriffs foreclosure sale. You may do so by payin~ the total amount of the uI\paiid Monthly Davment plus any late or other chlll'ges then due. as well as the 1'elllJlOnable attorney's fees and costs connected with the foreclosure sale (and perfurm any other reauirements under the mort~e). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximatcIyNINETY (90) DAYS from the date of this letter, A notice of the date of ., \ \. , \ Exhibit "E" - :":: ~l- .. . MEMBERS1ST Feu INS~ DEPT r- , 7177955178 ri i ;:1 . MAY 09 aa 12:14 PM P..'U3 the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payments will be by ca1ling us at the following number (717) 697-1161. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgl1ged property and your rigbt to remain in. it. If you continue to live in the property after the Sherift's sale. a lawsuit could be started to evict youe You have additional rights to help protect your interest in the property, YOU 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 TIllIS DEBT, (YOU MAY HAVE THE RIGHf TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT. PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PIUOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIl\CUMSTANCE TInS RIGlIT MIGHT EXIST. YOU HAVE THE RIGHI TO HAVE TIDS DEFAULT CURED BY AN'{ THIRD PARTY ACTING ON YOUR. BEHALF. If you cllre the default. the morti'"S" will be restored to the same position as if no default had occurred, However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Joyce Baum Collections Supervisor 2 . 'MAV 99 90 ^ 12:12 PM MEMBERS1ST Feu INS~ DEPT 4 .~ . . ,.-. ~" 7177955178 r , -";", -"""'__"n ~ , ..- -" P~06 - ~; . , . March 28, 2000 CERTIFIED MAll.. NO. P 516 989 397 RETURN RECEIPT REQUESTED RE: Denny E. and Rita S. Spicher Mortgage Account No, 161069, Loan No. 03 Mortgage Premises: 1112 East Lisburn Road, Mechanicsburg, P A 17055 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The mortgage held by Members I" Federal Credit Union, (hereinafter we, us or ours) on your property located at 1112 East Lisburn Road, Mechanicsburg, PA 17055, is in serious default because vou have not made the Monthly payments of 51.300.58 for Januarv L 2000. Februlln' I. 2000. and March 1. 2000. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter is 53,901.74. You ~ cure this default within THIRTY (30) DAYS of the date of this letter bv 9~1Il9 to us the above amount of53,901.74 plus anYJldditional Monthly payments and late ch~es whillh may fall due durinll: the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Members I" Federal Credit Union, 5000 Louise Drive, Mechanicsburg, PA 17055, Attention: Joyce Baum. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our rill:ht to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay air the original mortgage in Monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a law,uit to foreclose your mortgaged pronertv. If the mortll'Ule is foreclosed, your mortllRJled propertY will be sold bv the sheriff to pav off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, even if they are over S50.00. Any attorney's fees will be added to whateyer you owe us, which may also include our reasonable costs. If you cure the default within the thirtY da.y period. yOU will not be req,llired to pav attorney's fees, We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirtv dav neriod and foreclosure nroceedinlJs have belJUn, vou have the right to cure the default and nreYent the sale at any time lIP to one hour before the SherifFs foreclosure sale You mav do so by paying the total amount of the unnaid Monthly payment Dlus any late or other charges then due as well. as the res!IOnable attorney's fees and costs connected with the foreclosure sale (and nerfonn any other reauirements under the mortil'-8lV, It is estimated that the earliest date that such a SherifFs !ale could be held would be approximately NINETY (90) DAYS from the date of this lener. A notice of the date of <'", - 'MAY 09 00 12:13 PM "" .1.'-" MEMSERS1ST Feu INS. DEPT ,"^. ,"--,'-d. ' 7177955178 i<>, - /-.'" ,.c. P.07 ,. ~ n r . the Sherifl'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 payments will be by calling us at the following number (717) 697-1161. This payment must be in cub, (:ashier's check, certified check or money order and made payable to us at the addrll!lS stated above. You should realiul that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sherifl's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property, YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF nIB MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE DEBT. PROVIDED THAT ALL nIB OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COST ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED), CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCE TInS RIGHT MIGHT EXIST, YOU HAVE TIlE RIGHT TO HAVE TInS DEFAUlLT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If vou cure the derail It. the mortialle will be restored to the same oosition as if no default hRd occurted, However, you are not entitled to this right to cure your default more than three times in any calendar year, Sincerely, Joyce Baum Collections Supervisor 2 ~A~ 19 00 12:13 PM . . .. ... I MEMBERS 1ST Feu rNS. DEPT - -~" " 7177955178 - .,- ',-,,;,"~"--' -.'~ -.. P.0$ o r " i I I I . ~ " I SENDER: I also wish to recIHva the follow- log ..""ce. (for on old.. feel: 1. III!l. Addres..... Addr... 2. Cl ReaUlcled Dellv.ry a~il'''''1It1cl1Ot2forllddnlanal.,rvICCl11. Complt1. illIl'l'll 3, 4., ~d 4b. a Pnru yo..... netrlllI"d Idcl:flU on lPlIl nweru allhlll rom, 10 Ihll WI can '-Ium tN. _10,.... a Attach 1Ns bm \0 l~ fIG'" oi \tm mallpiace. Ot on the adc It 1I'ac:t do.. nol ...... a Wril, "Retum Ff~' ~.an Ihe maUplsce btJow In, 1It1G1. numb.r. a ".. ""\1m AICtiIlI will show III whom Ihl Iltidl WIS dIIrivsrad and the dah'l cIeIi\t.~. 3. Arllele Add,...ed to: Dean)' E. Spicher 111:Z East Lisbum Road Mechanlcsbur& PA 170;5 411. Article NumDet -p SIt.. qa 4b. SeNfce Type o ReW.tered o Expra.. Moil 0 '""urlld o Altum Rapt for Mllrchlndl.1 [J COO 7. Dale 01 D.llv.ry...... ) t, . .J' 1'1.;. 8. Add.......'. Add.... (Only II requested and ,.... J. paid) 8 PS Form 3811, Dec.mber 1994 l028.a.el.e-0223 Domestic R,turn Receipt . ._-.'-....~_.....~ . . ~ ~ .- ~J :zJ!ij af "0 .r!"! II' if ... ~fi If" .JI ~ Do ~[ ::l .JI fit :Ii w '" ! ..D ~ '" Do iI: !!. - ...... ~ ,- _.~ .oJ Exhibit "F" " MAY-B9-00 12:12 PM . . " I I i SENDER: .. c ComDlIMlllern, t andIot2 for Iddhlonel ..~_. I CompIehI bmI J, 4a, ana 4Il. c PI'InI,our"..,.. and add,... on Ihe meruat' lhI, toml to Ihel we can'l'Ilum thia card to you. e ~ ""' form to Ih.'fronc oItha mdpi8Ctl, or an the bedc If 'Pf1C114oeI noI J . C=':A.lumR~'R....,..onlht",,"..,*w...elal.numtllr. Ii a n. Allum AK8Ipt wiD lIhaw fa wftom IhI anIcIe WIlIdll1vererJ Mel'", dahl -.... I 3. AnloIe Add....od to: .. " :J ,,, ' MEMBERS1ST Feu INS~ DEPT ('. Rita A. Spicher 1112 East Lisburn Road Mechanicsburg, P A 17055 PS Form 3811, Docem~.r 10114 ,.,,,'. -:71779SS178 "'"' (- ,. '., ,:':c. ,~ c ,'" }, P.0S I also wish 10 recot.. "'.follow, Ing ......... (lor an exlr.lee): ,. pt Add........ Addre.. 2. el Ae'lIlc:tol1 O_ry 48. Miele Number -;p 51 (, q aq 3Q"1 4~. Servlc. Typo Cl Register.d ~.rtilied o Expr... M.II ellnsurod o RetLlm Ae<:elpf far Merchandl'. [J COO 7. Date of OoIIv.ry , '(j} . 8. Addr........ Addres. (Only If requssled end f.. IS paid) 10250$.0..11500223 OCImeatle A.turn Receipt P 51b "16"1 3'l? us Pootal a_. Receipt for CertifIed Mall Rita A. Spicher 1112 East Lisburn Road Mechanicsburg, P A 17055 ,1 POItag. S.H \. -.'" C.nlflld Pdl I I i , I ~, ,,' &podol D . '" RECEIVED MAY 11'1'/'132OOS'7 SAlOIS SHUFF MASLAND 1036 P02 MAY 16 '010 09:48 ~r . t . MEMBERS I" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS UNION, : CUMBERLAND COUNTY, PENNSYLV ANlA Plllintiff v. : NO. DENNIS E. SPICHER AND RITA S. SPICHEIl, : CIVILACtrON-LAW Defendants : MORTGAGE FORECLOSURE VERlFICA nON I, Joyce Bawn, Collections Supen4s0r, for Members I" Federal Credit Union, being authorized to do SO on behalf of Members I" Federal Credit Union, hereby y~ that the statemems made in the foregoing pleading ace true and correct to the best of my information, knowledge and belief. I understand that fiIIse statements herein are made subject to the penalties of 18 Pc, C.S. Section 4904, relating to unsworn fillsiflcation to authorities. MEMBERS 1ST FEDERAL CREDIT UNION Date: 7/tfa BY~~~ Collections Supervisor ^' . ,;."'"'~ " WlQthilliliillliO< "~,,~ ,. - -MlIIlilliu:J --'114i~~,,g,;;,t,~ ~-~ ~''';'''''C'_''__ -~---' ,- ~ '_0__ "_~,:L."",' '_1' I - .c. ..-'~ .~ '" ; ~ (:) ~ ~ (") c:> 09 h ~q c:. C'J -n :s: :z :::! ~ () -om ~'" -'-'o-:n a ..< 'ltr". ~ mm ~G@ , "'- D z~ w -'x C ~z C> C1(J ' "- . =.t--r. () I !<D ",. -t--'ll ....... l/] ~8 :x Q.(') ~ {: P- ~ ;:E;c: '9 ~rn ~ ?ri a> -< ~ " ~ .- ~ - ., MEMBERS 1'" FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-3288 CIVIL TERM DENNISE. SPICHER AND RITA S. SPICHER, : CIVILACTION-LAW Defendants : MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action discontinued, without prejudice. Respectfully submitted, SAlOIS, SHUFF & MASLAND Date: '!~1! (}B By: n M. Lede ohm, Esquire upreme Court ill #59012 2109 Market Street CampHill,PA 17011 (717) 737-3405 Attorney for Plaintiff . " ~~' ~ ~, ~ , ..-~_tii~ Ii:iliUiiiMiiiiJ1iI!lJ!i' - . l!\illl!lilJli!J;I~ki!1i!1il", ~~' -.Iil!~_'~~~--- -"':;;-, - .. 0__''''_ ..~". .,~" ;'.'" ~~ ,~;.,,~;.-"-,---, :.-~, M g C:> CJ- <=> -n s: <- "OOJ ~ ~rn ,.'- :Xl \ -~,gt71 -". ::z c;::, ~"'7- u:: .~~ r::O 4:l I<::: ?ZO :;B::: =0 J:>"C -I ::z ......) "J? ::? (,,) ~ \ ~, " ~..~- n -.1 SHERIFF'S RETURN - REGULAR ~ ~ASE NO: 2000-03288 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS SPICHER DENNIS E ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland county, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPICHER DENNIS E the DEFENDANT , at 0013:55 HOURS, on che 7th day of June , 2000 at 1112 EAST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to JOSH SPICHER (ADULT SON) a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 6,20 .00 10.00 ,00 34,20 so;~~! R, Thomas Kline 06/21/2000 SAIDIS, SHUFF & MASLAND Sworn and Subscribed to before By: C0~~. ~ Deputy Sheriff me this .1 i..-aA" day of ~ 2. rrrb A,D, ~-' On.<€I:~ # P othonotary , "- ~ " ,,' ,.0 \,,j J < SHERIFF'S RETURN - REGULAR CASE NO: 2000-03288 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS SPICHER DENNIS E ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SPICHER RITA S the DEFENDANT , at 0019:23 HOURS, on the 19th day of June , 2000 at 34 MALLARD COURT MECHANICSBURG, PA 17055 by handing to RITA SPICHER a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 6,00 ,00 ,00 10,00 ,00 16,00 So Answers: rM-A~~~! R. Thomas Kline 06/21/2000 SAIDIS, SHUFF & MASLAND Sworn and Subscribed to before By: 7~~~ me this ,l1A.-J- day of ~ c2tl7JiJ A, D. ~, Q. ~"p."'~ othonotary " ~. . ~i MEMBERS 1 st FEDERAL CREDIT UNION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 00-3288 CIVIL TERM : CIVIL ACTION - LAW DENNIS E. SPICHER AND RITA S, SPICHER, : MORTGAGE FORECLOSURE Defendants CERTIFICATE OF SERVICE AND NOW, this 3rd day of October, 2000, I, Karl M. Ledebohm, Esquire, o~e ~ of ? 0 Q Saidis, Shuff, Flower and Lindsay, hereby certify that I this day served a true and corificoprpf ~i :r: e5.t;;::: i -~::m-- Praecipe for Listing Case for Argwnent upon the parties listed below via Uni~tatM' M~ts .~~:? 5~ .~1;' -+/ postage prepaid, addressed as follows: 5> ~ ~'? C5 Fr~ -=--i w ");7 -< ':0 -< Rita S. Spicher 34 Mallard Court Mechanicsburg, PA 17055 Dennis E. Spicher 1112 East Lisburn Road Mecharricsburg,PA 17055 Respectfully submitted, SAY By: Karl' ,Udebohiri, Esq . e Supreme Court ill #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Members 1 st Federal Credit Union ,""~'--~ ,~~" '_il~~H WiklItMliliil~J;/!i/!Ii'jj;~'~I~.'''''"''''; "~ .~ " - .~u- "-,';' ~1l11~- ..L, ",~._"" &~-~ - -"~ ,.- o c ;;: ""'(lee: mrT Z'7' ZF ~S;'- ~C~' i> ,-... ::"'7\": '-;-~C) -c ~ c:;) <::) o " -l I t....o o "'1 " r 1'";; '...:J -;.~", -'c~ __J'" () __.7.: ~~~~ ~ ::0 -< cD (.,;) ~