Loading...
HomeMy WebLinkAbout03-0829IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SE~ HE~!~;,)F-,-4~ A DEFAULT JUDaMENT I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 27767 Richmond, VA 23261-7767 AND THE D~I:ENDANT(S): 299 Pipe~A 17241 ATTOR~Y VOR ~-EX1NTIFF ~ CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ~S~ATE Agr. r~rD BY THIS LmN IS 299 Pipe~ 17241 ATTO~']}$O~F ~' TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: SunTrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE, CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. NOTICE TO CIVIL DIVISION NO.: 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 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE, CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor · CIVIL DIVISION by merger to CRESTAR MORTGAGE, · CORPORATION, · Plaintiff, ' NO.: (~).~-. oD~C~ ROBERT J. O'DONNELL and · TONI R. O'DONNELL, · : Defendants. · VS. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes SunTrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation by its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is SunTrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation which has its principal place of business at P.O. Box 27767, Richmond, Virginia 23261-7767. 2. The Defendants, Robert J. O'Donnell and Toni R. O'Donnell, are adult individuals whose last known address is 299 Pipeline Road, Newville, Pennsylvania 17241. 3. On or about March 10, 1998, Defendants executed a Note in favor of Members 1st Federal Credit Union ("Members") in the original principal amount of $76,900.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about March 10, 1998, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Members a Mortgage in the original principal amount of $76,900.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 10, 1998, in Mortgage Book Volume 1436, Page 931. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. On or about March 10, 1998, Members assigned the aforesaid Mortgage and Note to Plaintiffpursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County at Mortgage Book Volume 570, Page 810. A true and correct copy of said Assignment is marked Exhibit "C", attached hereto and made a part hereof. 6. 7. Defendants are the record and real owners of the aforesaid mortgaged premises. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about December 10, 2002, 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 Defendants is as follows: Principal $69,478.75 Interest through 2/24/03 $ 2,291.28 Late Charges $ 126.30 Escrow Advance $ 49.26 Bank Fees $ 77.55 Attorney's Fees $ 1,250.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $75,773.14 plus interest on the principal sum ($69,478.75) from February 24, 2003, at the rate of $13.09 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. 10. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $75,773.14, with interest thereon at the rate of $13.09 per diem from February 24, 2003 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, SI~ I~xD~ONNELLY LLP BY: ~ Scott A. ~i¢ ~te~quire 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" AP# ODONNELL17149z' NOTE CMC# : 0r~04903 FHLMC#: 2, J2845 LN# 8O4903 March 10, 1998 MECHAN[CSBO'~ : Pennsylvania [Date] [Ci~] [Stye] 299 PIPELINE ROAD ;NEWVILLE.PA 17241 [Property Address] ',\ 1. BORROWER'S PROMISE TO PAY Ia return for a loan that I have received, I promise to pay U.S. $ 7 6 . 9 0 0. 0 0 (this mount is called "principal"), plus interest, to the order of the Lender. 1'he Lender is M E M B E R S 1 S T F E O E R A L C R E D I T UNION [ understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6. 8 7 5 0 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1 s tlay of each month beginning on M a y 1 . 1 9 9 8 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on A p r i I 1. 2 0 2 8 , I still owe amounts under this Note, I will pay those amounts full on that date, which is called the "maturity date." I will make my monthly payments at P . 0. 8 0 X 4 0 . M E C H A N I C S 8 U R G. P A I 7 0 5 5 Note Holder. or at a different place if required by the (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 5 0 5. t 8 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use alt of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. :'vf'ULTISTATE FIXED RATE NOTE--Slil~gle Family-FNMA/FHLMC UNIFO~ INSTRUMENT IS 7~7-C-NOT**//0195/3200(1283)-L Page 1 of 3 Form 3200 12/83 AP// ODONNELL171495". LN# 804903 6. BORROWER'S FAILIJ'RE'~b PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of ,any. ~thly payment by the end of 15 'dafendar days after the date it is due, I will pay a late charge to the ~ Hblder. The amount of the charge will be S . 0 0 O 0 . .% of my overdue payment of principal and interest-. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice- ..,of Default If ! am in de'fault, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. CD) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the fight to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the fight to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its fights under this Note a. galnst each person individually or agaLnst all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the fights of presentment and notice of dishonor. "Presentment" means the fight to require the Note Holder to demand payment of amounts due. "Notice of dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: MUL____~_$TATE FIXED RATE .NOTE-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CNO-T**//0195/3200(1283)-L Page 2 of 3 Form 3200 12/83 AP# ODONNELL17149S LN# 804903 Transfer of the Pro~e% or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secu~g~l by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of X2~ ,]~ci~y ~mment. If Lender exercises this option, Lender shall gi~e Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior' to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument. without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. C ___~H8 E R T' ..~/~/0' O 0i'~ E L L TONI R. O'OONNELL (Seal) -Borrower '(Seal) -Borrower (Seal) -Borrower .(Seal) -Borrower With'~co~.rse, o?.~--~o the erder of Crestar ~ortgage C~oration. BYL ~~--~ y~ ~RTobert L. Marquette/~D~ ~ ~ Original Only] PAY TO THE ORDER OF ~;~r I~rt~ge Corpor~o~- Oebomh p.F.~ -- Vice Pres,Uent MULTISTATE FIXED RATE NOTE-~pgle Family-FNMA/FHI,MC UNIFORM INSTRUMENT ---- ISL"-/-CN'(JT**//0195/3200(1283)-'L Page 3 of 3 Form 3200 12/83 EXHIBIT "B" AFTER RECORDING MAIL TO: MEMBERS 1ST FEDERAL CREDiLUNION P, o. BOX 40 HECHANICSBURG. PA 17055 LOANNO. 804903 [Space Above This Line For Recordin-~ Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on M'a r c h 10 , 1998 ROBERT J. O'DONNELL and TONI R. O'DONNELL The mortgagor is ("Borrower"). This Security !nstmmem is given to MEMBERS 1ST FEDERAL CREDIT UNION. which is organized and existing under the laws of THE UN ITED STATES 0F AMER ICA. and whose address is P. 0. B0X 40 . MECHAN ZCSBURG. PA 17055 ("Lender"). Borrower owes Lender the principal sum of Seventy Six Thousand Nine Hundred Dollars and no/100 Dollars (U.S. $ 76. 900 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on A P r i 1 1 . 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in C u m b e r 1 a n d County, Pennsylvania: SCHEDULE "A" AT ACHED which has the address of 2 9 9 P I P E L I N E R 0 A D , N E W V I L L E [Street] [City] Pennsylvania I 72 4 1 ("Property Address"); [zip Code] 'v©C-ETi(vl~. WiTi~ ,!'.: the improvements now or hereafter erected on the property, and all easements, .-:: ::.: :- _ . ' . L:ruces now or hereafter a part of the property. All replacements and additions shall also be -~v-~ ~raa Z:,' ui~-f¢curiry instrument. All of thed%regoing 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 fight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. PE~SYLVANIA--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ISC/CMDTPA//0391/3039(9-90)-L FORM 3039 9/90 PAGE I OF 6 '.OAN NO. 8 0 a 9 0 3 ,~.~CURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with lir~:l var~fions by jurisdiction to constitute a uniform security instrument covering real property. UI~IFORM COVENANTS. Borrower and Lender covenant and agree as follows: . 1. Payment of Principal and:I~n~erest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on th~evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until.~le Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold paymen~or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage in~rance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called scrow Items. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the fei~eral Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. 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; Liens. Borrower shall pay all taxes, assessments, charges, f'mes and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other ha?&rds, 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 [,g~urance cattier providing the insurance shall be chosen by Borrower '-g-ubjed"t6-Le-fi-der's'approval which shS.11 not be unreasonably withheld. If Borrower falls to maintain covera e described · ;barO~;;apL~n7d. er may, at Lender's optmn, obtain coverage to protect Lender's fights in the Property in accord~ce with, E, , 'S~L, VANIA-.SiNGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT ~,~ .... ~ ISC/CMDTPA//0391/3039 9 90) r~ar'.r: -~ r~r: .... ,-,.,~'uva o~o:~ OAN NO. 8 0 4 9 0 3 ,~ ~f',l~,rance~policies and renewals shall be acce table to Lender and shall include a standard mortgage clause. ~rsh~Itl have the right to hold the pohc~es and renewals. If Lender requires, Borrower shall promptly give to Lender ?-!'~ rec~,.~rz of,~'~miurns and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower ,~£'la, zwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer w4~in '30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair 0r restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day p~eriod will begin when the notice is given. .~ Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the U -x payments. If rider'paragraph 21 the Property is acquired by Lender, Borrower's fight to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in 'default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith 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 concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's fights ih 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 amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required :o maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender s.. s_.~hhai! g!v.e Borr_~o.w_er notice at the time.of or pri~ to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby .~ assigned and shall be paid to Lender. ~ PENNSYLVANIA-Sh'NGLE FAMILY-FNMA/FI, tLMC UNIFORM INSTRUMENT FORM ~ ISCICMDTPAI/0391/3039(9-90).L PAGE 3 OF 6 [~0{ LOAN NO. 8 0 4 9 0 3 ~t~.ent of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security hi~menE Whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property which'the fair market value of the Property immediately before the taking is equal to or greater than the mount of the in .sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree i,n w?,t, ing,. thefiums secure.d by th~.~z,curity Instrument shall be reduced by the amount of the proceeds multiplied by me rouowmg rracnon: (a) me tot~'6unt of the sums secured immediately before the taking, divided by (b) the fair m~rket v~lue of ~,e Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a parua~ ~aXing or' flae Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless B~t~wer and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the 'sUms are then due. If the Property is abandoned by Borrower, or if, after notic, by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sams secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any apt31ication of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not exeCUte the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; Co) is not personaily obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of th~s Security Instrument or the Note without.that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall he. reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires'use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been ~iven to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which Can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notic$~is delivered or mailed within which Borrower must pay all sums secured -7~ :_.:~urn-ty rnStrument. If Borro~ver fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. PENNSYLVANIA-SINGLE FAtMILY-FNMAtFHLMC UNIFORM INSTRUMENT 2,34 OAN NO. 804903 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have ~nforcement of this Secur/by Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may spec/fy fo~atement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entr~ of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; Co) cures any default of any other covena~or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security ~strument shall continue unchanged. Upon reinstatement-by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects' monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Lean Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other.,i,,nfq~rmatiop req~ir, ed by applicable law. zu. riazaruons jul>stances, gorrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the ~following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless aPplicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security'Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of ali sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing -Y. or stay of execution, extension of time, exeml~on from attachment, levy and sale, and homestead exemption. PENNSYLVANIA--SINGLE FAMILY-FNMA/FItLMC UNIFORM INSTRUMENT ISC/CMDTPA//0391/3039(9-90)-L PAGE 5 OF 6 OO 1436r G ,935 FORM 3039 9/90 --ANNO.~0~90B .~'~-~.~'a{nstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to t~:-3~m.nmdncement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase/Money Mortgfige. If any of the debt secured by this Security Instrument is lent to Borrower to .acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After JuSt. Borrower agrees that the interest rate payable after a 'ual ment i the Note or in an action of mortgage'f~reclosure shall be the rate payable from time to time underJth~gNote, s entered on 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall ang~d and supplement the covenants and agreements of this.Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable b°x({~]]Adjustable Rate Rider [] Condominium Rider [] 1--4 Family Rider [] Graduated Payment Rider [-] Planned IYnit Development Rider [] Biweekly Payment Rider [] Balloon Rider [] Rate Improvement Rider [] Second Home Rider []Other(s) [s~cify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) Social Security Number ~ O'OON~IELL .8 (So~e~aj? Social Security Number 5 2 2 - 9 a - 5 5 6 4 · ' (Seal) TONI R 0 DONNELL Social Security Number 2 0 3 - 6 2 - 0 7 3 3 Certificate of Residence I, Mortgagee is P.0. B0× 40. Witness my hand this 22nd (Seal) Social Security Number [Space Below This Line For Acknowledgment] · do hereby certify that the correct address of the within-named MECHANICSBURG. PA 17055 day of March,. 1998. CO mONW L OV Onthis, the ~a.~dayof March, 1998 ROBERT j. O'OONNELL and TONI R. dF~../i'~L ~ Agent of Mortgagee County ss: , before me, the undersigned officer, personally appeared O'DONNELL known to me (or satisfactorily proven) to be the person~ whose names ares~bscribed to the within instrument and acknowledged that t h e y executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ..... ~,~','e T.,~ , my ~ommlsmon exoires- .: ._~.-::. ~.~..;.v .--. :',~f/'~ : :~'~':".PO ., ..~-~---~." ~,:t"' ::Tide of Officer · :-. ':' ".:':: ;-v i--' .-5,~;'.- ISC/CMDTPAJ/0391/3039(9-90)-L PAGE 6 OF 6 . . :. ~:: .~ ._: ........ [tOOY ~'~ FORM 3039 9/90 ALL THAT CERTAIN tract of land, together with the improvements thereon, situate in Lower Mifflin Town,-~]?,)_~ Cumberland County, Pennsylvania, as follows: BEGINNING at a railroad 'spike at the intersection of the centerlines of Township Road #383 and. Township Road #413; THENCE a~ng: the centerline of T-383, North 66 degrees.23 minutes 30 seconds West, 367.45 'feet-to a P.K. nail; THENCE North 32 degrees 28 minutes 23 seconds East, 200.00 feet to an iron pipe; THENCE by Tract II as described in Deed Book T, Volume 27, P~ge 345, South 66 degrees 23 minutes 30 seconds East, 367.45 feet to a P.K. nail in the centerline of T-413; THENCE by the centerline of T-412, South 32 degrees 28 minutes 23 seconds West, 200.00 feet to a railroad sPike, the Place of BEGINNING. CONTAINING 1.667 acres. BEING Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland county, in Plan Book No. 32, Page 95, made by Eugene A. Hockensmith, Registered Surveyor, dated January 26, 1978. EXHIBIT "A" TO MORTGAGE FROM MEMBE.~S lST FEDERAL CREDIT UNION EXHIBIT "C''~' ~ ~5 COMMONWEAL.TH 0F PENNSYI :COUNI Y OF CUMBERLAND MIA ) ) SS ) ASSIGNMENT OF MORTGAGE(S) THIS ASSIGNMENT OF MORTGAGE(S), executed this 10TH day of MARCH , 199_~8, by and between MEMBERS 1ST FEDERAL CREDIT UNION, a corporation organized under the laWs of the U. S. Government (12USC1751), called ASSIGNOR, and CRESTAR MORTGAGE CORPORATION called ASSIGNEE. FOR VALUE RECEIVED, the within mortgage(s), together with the Note(s) secured thereby for each and every obligation described therein, is (are) hereby transferred and assigned to the ASSIGNEE, its successors and assigns, said mortgage(s) being recorded in the public records of CUMBERLAND/LOWER MIFFLIN County, Pennsylvania, and duly identified as follows: TOWNSHIP Date of Book Page Clerk's Oriqinal ~ortqaqor Mortqaqe No. No. File Na. ROBERT J. O'DO.NELL *~D 03/i0/98 / TONI R. O'DONNELL $76,900.00 299 PIPELINE ROAD NEWVILLE, PA 17241 This Assignment is made without representation, warranty or recourse on ASSIONOR herein. COMMONWEALTH OF PENNsYLvANIA COUNTY OF CUMBERLAND IN WITNESS WHEREOF the undersigned MEMBERS 1ST FEDERAL CREDIT UNION has caused..these present to be signed in its name by its undersigned officers, and ) ) SS ) day of MARCH , 1998 . ~"~EMBERS~B~~_~T FE AL '"REDIT UNION~ By: ~-----~'Ro'bert L. MarqUee(to Manager of Real Estate Lending. CC) On this the 10TH day of MARCH 19 98, before me, a notary public, the undersigned officer, personally appeared Robert L. Marquette, known to me (or satisfactorily proved) to be the person whose name is subscribed hereto, and acknowledged that he is Manager of Rea] Estate Lending for MEMBERS 1ST FEDERAL CREDIT UNION and that he executed the same as Manager of Real Estate Lending for the purpose herein contained. In Witness Whereof, I hereunto set my hand and official seal. Notary P~b'l/~c/ Cumberland County, Name: MEMBERS 1ST FEDERAL CREDIT UNION Pennsylvania Address: 5000 Louise Drive Mechanicsburq, PA 17055 My Corem i ss J on E x p i r e s~l Notarial Seal | Danielle M. Komblum, Notary Public lMeciqanicsburg BorG, Cumberland Co.nty '~v'~: / My Commission Expires July 3. 1999J ( 5£/~ L"~, ,: M~r, Pennsy~anm ~on ol . ,::.,.,:....:'~;~g, :.:,,,:',,,,. SO0 57[] EXHIBIT "D" ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOM : FROM gom cLosu Date: 12/10/0 To:ROBERT J O'DONNELL TONI R O'])ONNELL 299 PIPELINE RD NEWVILLE, PA 17241 This is an official notice that .the mortgage on your home is in default, and the lender intends to foreclose. Specifi, information about the nature of the default is provided in the attached pages. The HOMEOWNER°S MORTGAGE ASSISTANCE PROGRAM (I-IEMAP) may be able .h. elp to save your home. This Notice explains how the pro~ram works. To see if FIEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TIlE DATE OF THIS NOTICE. Take this Notice with ¥o~ when you meet with the Connneling Agency. The name. address and phone number of Consumer Credit Connseting Agencies serving your County are listed at the end of this Notice. l.f you have any questions, you may cai I the Permsvlvania Housing Finance Authority toll free at 1-800-342- 2397. (Persons ~vith 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 NOTWlCACION EN AD JUNTO ES DE SUMA, ]MPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA l_rNA 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): ROBERT I O'DONNELL TONI R OI3ONNELL PROPERTY ADDRESS: 299 PIPELINE RD, NEWVILLE, PA 17241 NO: 0108049032 ORIGINAL LENDER: MEMBERS 1ST FEDERAL C/U CURRENT LENDER/SERVICER: S/inTrust Mortgage Corporation ItOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE_~IiYHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COM~LY WITH THE PROVISIONS OF TI~ I"IOMEO~'NER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TI--~ "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · .IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES "~EYOND YOUR CONTROL, IF YOU I-LAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIB~ITY REQ~MENTS ESTABLISKED 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. TFIIS MEETING MUST OCCUR WIT[tIN Tl:il~. 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 xvith one of the consumer credit counseling agency 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 cre~lit counseling agencies for the county i, 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 your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the masons set forth later in this Notice (see following pages for specific information about the nature ofyhour default.) If you have tried and are unable to resolve this problem with lender, you have the fight 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 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 TIlE OTFIlr. R TIME PERIODS SET FORT~ IN Tltl~q LETTER, FORECLOSURE MAY PROCEED AGAINST.~.~. ~ ~ .--YOUR,.-T,-~,.,-.IIONIEE IMMEDIATELY A. ND YOUR APPLICATION FOR MORTGAGE ASSISTANCE AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They wid k~,is:sth~ed'by the Agency. under the eligibility, criteria established bv the Act. The Pennsylvania Housing Finance Agency ha~ sixty (60) days to make a decision after it receives your -application. Dunng that time, no foreclosure proceedings will be pursued against you ffyou have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance~'.~,.ncv of its decision on your application. NO~T~2v: IF YOU ARE CURRENTLY PROTECTED BY ~ ~FI~I~NG OF A PETITION IN BANKRUPTCY, Tr2/~ FOLLOWING P)dtT OF THIS NOTICE IS FOR INFORI$IATION PURPOSES ONLY AND SHOULD --'NOT BE CONSIDERED AS AN ATTEMPT Tt~ COLLECT THE DEBT. (If you have filed bankruptcy you can still appl~ for Emergency Mortgage Assistance.) '"~HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date), NATURE OF THE DEFAULT -- Thc MORTGAGE debt held by the above lender on your property located at: 299 PIPELINE RD, NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following, mounts are now past due: Start Date- 10/01/02 Ending Date-12/10/02 3 payments ~ $718.13per month Late Charges-S75.78 Bad Check Fees-S0.00 Other Fees-S8.75 $2,246.60 TOTAL A_MOUNT B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE 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 $2,246.60 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIP, TY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made pavane and sent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) ~_~ ~~0T ~ ~.C[JI~..~ ~EF. AU. LT. ~If.yo~. do not care the default within THIRTY (30) that' ~h~oatu~_?_t_t~..s__ ?,9_u,c_e, me~nue.r .lmen.9.s to exer.cise .it.s rights to. acc. elerate the mortgage debt This means ___~u~,.c:_~_x~_m~u__ut~_uSu_ _.m_ ~g_,,oman. ce oj, ~tr~,s. aero wm o~e..con.sme, rea aue ~mme .mate3y and you m.ay. l. ose me chance to pay the ~tlteg~r~g_~_no..n_,tm__y~_ ._x.x.x.x.x.x.x.x.x~.._l~me_n~..~u ..nm payment. ox. .me tgtm..amo, un.t past, aue ~s not matte wailfin _TI;I/RTY (30) HAYS, u~ attau tttt~IllJ~ to LIISIXIlCI lB atIOrllgyS Io ~ legal actton to Ioreclose upon your mortl_~a~ed oro~ertv. 1T TGA~GE IS FORECLOSED UPON -- The mortgaged property, will be sold by the Sherffi'to pay offthe 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 s'dll be required to pay the reasonable attorne~-'s, fees that were actually incurred, up to $50.00. However, if legal procee~e started agalnsLvou, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they ex6eed $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. -.,n;t : 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 SFIERIltF'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 bv paving the total amount then past dne~ pi,,,: any late or other charges then due. reasonable attorney's fees and costs connected with the foreclosure sale and any othe, costs connected ~vith the SherilTs Sale as specified in writing by the lender and by performing any other requiremem.s 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 had 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 Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you ~vait. 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: SunTrust Mortgage Corporation Address: 1001 Semmes Avenue, Richmond, VA 23224 Phone Number: 1-800-552-6507 Fax Number: 1-804-291-0137 Contact Person: Collections Department EFFECT OF SHERII~'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. ffyou continue to live in the property after the SheritTs 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 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 mortgag~ are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL TI-tE PROPERTY* TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM).MNOTI-~R LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFALrL'i~I.~D 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. (HOWEVEI:k~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 OTI~R LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY TH]E LENDER. TO SEEK PROTECTION UNDER TH~ FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY-ATTACHED Certified mail Number CERTIFIED MAIL # '~'HE ' ~u~t,y Housinq .~uth~r~t¥ Gettysburg, PA 17325 (717) 334-1518 :CCS of Western PA ~-0C0 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 :ommunity Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104, (717) 232-9757 inancial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 ov'eship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 HFA 2101 North Front Street Harrisburg, PA 17110 800-342-2397 rban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 CiJNiBERLAND COUNTY ~,P Counseling Agency List as ot 30/2002 7160 3901 9844 5669 6431 TO: ROBERT J ,O' DC~/NTLL TONI R O' DON-NELL 299 PIPELINE ROAD NEWVI LLE .PA 1724 ! - SENDER: SUNTRUST MORTGAGE SYB REFERENCE: 000108049032 PS ~ 3800, June 20~ RETURN Postage RECEIPT Certified-Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Intemal~onal Mail POSTMARK OR DATE Page 21 of 67 VERIFICATION I, Beverly Dumas, of SunTrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are tree and correct to the best of my information, knowledge and belief. SunTrust Mortgage, Inc., successor by · merger to Crestar Mortgage Foreclosure SHERIFF'S RETURN - REGULAR CASE NO: 2003-00829 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS O'DONNELL ROBERT J ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon O'DONNELL TONI R the DEFENDANT at 44 SANDY BOTTOM ROAD CARLISLE, PA 17013 , at 1922:00 HOURS, on the 20th day of March , 2003 by handing to MIKE SHOOP, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 4 14 00 10 00 00 20 14 Sworn and Subscribed to before me this ~ day of  ~1~3 A.D. ~Pr4Dthon0tary So Answers: R. Thomas Kline o3/21/2oo3 JAMESBy:SMITH D~ epu~y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00829 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS O'DONNELL ROBERT J ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon O'DONNELL ROBERT J the DEFENDANT , at 1600:00 HOURS, on the 14th day of March , 2003 at 299 PIPELINE ROAD NEWVILLE, PA 17241 by handing to ROBERT J. O'DONNELL 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 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ ~ day of  ~j_% A.D. /' ~'roth~notary So Answers: R. Thomas Kline 03/21/2003 JAMES SMITH DURKIN CONNELLY Deputy ~heri f f Suntrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation VS Robert J. O'Donnell and Toni R. O'Donnell In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-829 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Scott Dietterick. Sheriff's Costs: Docketing 30.00 Poundage 1562.84 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Mileage 7.59 Levy 15.00 $1646.93 paid by attorney 6/20/03 Sworn and subscribed to before me This I,~- day of 2003, A.D. ~,, Prothonotary R. Thomas Kline, Sheriff Real Estate Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: 2003-00829 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 SunTrust Mortgage, Inc., successor by merger to Crestar Mortgage Corporation, 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 299 Pipeline Road, Newville, Cumberland County, Pennsylvania 17241: 1. Name and Address of Owner(s) or Reputed Owner(s): ROBERT J. O'DONNELL 299 Pipeline Road Newville, PA 17241 TONI R. O'DONNELL 44 Sandy Bottom Road Carlisle, PA 17013 2. Name and Address of Defendant(s) in the Judgment: ROBERT J. O'DONNELL 299 Pipeline Road Newville, PA 17241 TONI R. O'DONNELL 44 Sandy Bottom Road Carlisle, PA 17013 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION Plaintiff 4. Name and Address of the last record holder of every mortgage of record: SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION Plaintiff CHARTER ONE CREDIT CORP 65-75 Erieview, 4t~ Floor Cleveland, OH 44114 property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has may record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree 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 unswom falsification to authorities. DATED: JAMES, SMIT~ONNELLY LLP Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, CIVIL DIVISION NO.: 2003-00829 Civil Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Toni R. O'Dormell 44 Sandy Bottom Road Carlisle, PA 17013 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, 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: 299 Pipeline Road Newville, PA 17241 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-00829 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Robert J. O'Donnell and Toni R. O'Donnell 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 Sheriffthirty (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 fi.om 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 aga'mst you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sate 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 fights 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. Ifa specific return date is desired, such date must be obtained fi.om the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. DATED: By:JAMES' SMIT~CONNELLY LLP ~qbtt ~. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon, situate in Lower Mifflin Townst~ip, Cumberland County., Pennsylvania, as follows: BEGINNING al; a railroad spike at the intersection of the centerlines of Township Road #383 and Township Road ~ 13; THENCE along the centerline of T-383, North 66 &gees 23 minutes 30 seconds West, 367.45 feet to a P.K. nail; THENCE North 32 degrees 28 minutes 23 seconds East. 200.00 feet to a iron pipe; THENCE by Tract II as descr/bed in Deed Book: T, Volume 27. Page 345, South 66 de~ees 23 minutes 30 seconds East, 367.45 feet to a P.K. nail in the centerline ofT-413; THENCE by the centerline of T-412, South 32 &gees 28 minutes 23 seconds West, 200.00 feet to a railroM spike, the Place of BEGINNING. CONTAINING 1.667 acres. BEING Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 32, Page 95, made by Eugene A. Hockensmith, Registered Surveyor, dated January. 26, 1978. HAVING thereon erected a dwetling house being known and numbered as 299 Pipeline Road, Nexwille, Pennsylvania 17241. BEING the same premises which Gary. C. Gulley and Janet E. Gulley, husband and wife, by Deed dated March 6, 1998 and recorded on March I0. 1998 in and for Cumberland County., in Deed Book Volume 173, Page 358, gamed and conveyed unto Robert J. O'Donnell and Toni R. O'Donnell, husband and wife. Tax Map No.: 15-04-0393, Parcel No.: 025D Eychibit "A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE CORPORATION, VS. Plaintiff, ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: 2003-00829 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Robert J. O'Donnell 299 Pipeline Road Newville, PA 17241 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, 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: 299 Pipeline Road Newville, PA 17241 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 2003-00829 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Robc~ J. O'Donnell and Toni R. O'Donnell A SCHEDULE OF DISTPdBUTION, 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 fights to prevent your prop~m'y from being taken. A lawyer can advise you more specifically of these fights. 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. Ifa specific return date is desired, such date must be obtained fi-om 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,By: SMITH/~iiONNELLY LLP .l S~ott/A. Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, together with the improvements thereon, situate in Lower Mifflin Township, Cumberland County., Pennsylvania, as follows: BEGIN~WING at a railroad spike at the intersection of the centeflines of Township Road #383 and Township Road ~ 13; THENCE along the centerline of T-383, No~h 66 de~ees 23 minutes 30 seconds West, 367.45 feet to a P.K. nail; THENCE North 32 de~ees 28 minutes 23 seconds East, 200.00 feet to a iron pipe; THENCE by Tract II as described in Deed Book T, Volume 27, Page 345, South 66 de~ees 23 minutes 30 seconds East. 367.45 feet to a P.K. nail in the centerline ofT-413; THENCE by the centerline of T-412, South 32 de~ees 28 minutes 23 seconds West, 200.00 feet to a railroad spike, the Place of BEGIN~'ING. CONTAINING 1,667 acres. BE~'G Lot No. 6 on Subdivision Plan recorded in the Office of the Recorder of Deeds for Cumberland Count', in Plan Book No. 32, Page 95, made by Eugene A. Hockensmith, Re~stered Surveyor, dated January. 26, 1978. HAVING thereon erected a dwelling house being 'known and numbered as 299 Pipeline Road, Newville, Pennsylvania 1724I. BEING the same premises which Gary C. Gulley and Janet E. Gulley? husband and wife, by Deed dated March 6, 1998 and recorded on March i0, 1998 in and for Cumberland Count, in Deed Book Volume 173, Page 358, ~anted and conveyed unto Robert J. O'Dormell and Toni R. O'Donnell, husband and wife. Tax Map No.: I5-04-0393, Parcel No.: 025D Exhibit Real Estate Sale # 26 On May 16, 2003 the sherifflevied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA known and numbered as 299 Pipeline Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 16, 2003 By '~'J~~ Real EstaYe Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC., successor by merger to CRESTAR MORTGAGE, CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, Defendants. CIVIL DIVISION NO.: 2003-00829 Civil Term PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied. Respectfully submtitted: JAMES SMI~ONNELLY LLP BY: Sco~ A.]D~tT~terick, Esquire PA I.D. #55650 Attorney for Plainfiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, [NC., successor by merger to CRESTAR MORTGAGE, CORPORATION, Plaintiff, VS. ROBERT J. O'DONNELL and TONI R. O'DONNELL, CIVIL DIVISION NO.: 2003-00829 Civil Term Defendants. : CERTIFICATE OF SERVICE The undersigned hereby certifies that a true, apd ~orrect copy of/~he foregoing Praecipe to Satisfy Judgment was served on the following this ~ day of_ fL.4~_~ ,2003, via First Class U. S. Mail, Postage Pre-paid: ~ Robert J. O'Donnell 299 Pipeline Road Newville, PA 17241 Tom R. O Donnell 44 Sandy Bottom Road Carlisle, PA 17013 JAMES SMITH BY: [ETTERICK & CONNELLY LLP Scoff'A.[t e PA I.D. #55650 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3:!80