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HomeMy WebLinkAbout03-1357THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff 03 -9405 0003843901 FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, Vo PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE NO~C~ 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 JUIX}MENT 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 Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA y LA NOT1FICACION. USTED DEBE PRESENT,MR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS y PUEDE ENTRAR LrNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Hoor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, Homecomings Financial Network, Inc., is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 338 South Warminster Road, P.O. Box 1900, Hatboro, PA 19040-1900. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/Mortgagee in the ordinary course and scope of business. 2. (a) Defendant Philip V. Hoffman is an individual whose last known address is 72 Landor Lane, Carlisle, PA 17013. (b) Defendant Barbara D. Hoffman is an individual whose last known address is 72 Landor Lane, Carlisle, PA 17013. (c) Defendant Philip V. Hoffman holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Barbara D. Hoffman holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) at 195 Hickory Road, (b) The residential mortgage being foreclosed upon is secured by property located Carlisle, within Middlesex Township, Cumberland County, Pennsylvania. All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on June 24, 2002 and was recorded on June 26, 2002 in Mortgage Book 1763, at Page 525. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: People's Choice Home Loan, Inc. Assignee: Homecomings Financial Network, Inc. Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $4,038.21 on September 1, 2002, and thereafter failed to make the monthly payments. Prepared By: Return To: Pam Ingalls 7525 Irvine Center Drive Suite 250, Irvine, CA 92618 PEOPLE'S CHOICE HC~E LOAN, INC. 7525 IRVINE CENTER DR. SUITE 250, IRVINE, CA 92618 . Parcel Number:o$~ 21-22-0128~$~ [$1mce Ahave ~ Line For Re~erdlng Data] MORTGAGE DEFINITIONS ~?s2a2 0003843901 31172144 Mortgage Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11, 13, 18, 20 and 2t. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Semwity Instrument" means thi-~ docmnent, which is datedJune 24, 2002 together with att Riders to this docum~t. 01) "Borrower" is~ V. HOFFI~I AND ~ D. HOFFHAN HIS NIFE A~S TENANTS BY THE' E~T~TIES Borrower is the mortgagor under this Security Instrument. (C) "Lender"is geol~la'a Choioa Ho,~a roan, Lender is a CORPORATION 10024868 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT P~e 1 of 1~ f~tlals VMP MORT~GE FORMS - {8~}521-7291 Form 3039 1/01 D~.. 06/20/2002 Tim~: 3:19:21 PM Order Number: 000001029 Re: Philip V. Ho£f~un Barbara D. Hoffz~an EXHIBIT 'A' 195 HICKORY ROAD C~/{LISLE, PA 17013 CUMBERLAND County ALL that certain lot or ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Birch Road, at line of lot No. B-10 of the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 m/nutes 04 seconds West, 130.54 feet to a point; thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet, a tangent of 14.40 feet and an arc distance of 22.95 feet to a point on the Eastel~n side of Hickory Road; thence by the latter, South 5 degrees 52 minutes 07.5 second~ West, 175.60 feet to a point, the line of Lot No. B-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconda East, 147.98 feet to the line of Lot No. B-il of said Plan; thence by said lot and Lot No. S-10 of said Plan, North 4 degrees 56 minutea 44 seconds East, 195.89 feet to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots known as Reis Acres Estates, as recorded in the Office of the Recorder of Deeds for Cua%berland County in Plan Book No. 19, pages 32 and 33. SUBJECT, HOWEVER, to the following building and use restrictions with which the grantees, their heirs and assigns, agree to comply by the acceptance of this deed: 1. Said lot shall be used for residential purposes only and no structure shall be erected thereon unless the plan and site location thereof has been approved by the grantor herein, or by its successors and assigns. 2. Each lot shall have a frontage on the street or road of not less than 100 feet and no structure shall be erected within 40 feet of the lot side of any street or road or within 10 feet of the side or rear lines of said lot, when said side or rear lines do not abut on any street or road. 3. No trailer, basement, tent, mobile home or garage shall at any time be used as a residence, either temporarily or permanently, nor shall any structure of a temporary character beJused as a residence. 4. No outhouses or cesspools shall be permitted on said lot but the disposal of sewage shall be accomplished by the construction of septic ank or tanks, or by public sewage disposal, if available.t 5. No vehicles, of anyone, shall be parked, at any time, on the streets or roacs of Reis Acres Estates. Said lot is conveyed subject to any u~ilities distribution rights of way. organized and existing under the laws 0fWY~G Lender's address is 7525 IRVINE CENTER DR. SUITE 250, IRVINE, CA 92618 Lender is the mortgagee under this Security Instrument. iD) "Note" means the promissory note signed by Borrower and dateclauna 24, 2002 The Note states that Borrower owes Lender,s'Otto blUNDI~D '~.'rGI.II~ THOUgAND T~tO I-It.D~I~D F~'~¥ m,m 00/100 Dollars (U.S. $ aS0,250.00 ) plus intercO. Borrower has promised to pay this debt in regular Periodic Payrr~nkt and to pay the debt in full not later than 0'tO.y l, 2032 (E) "Property." means the property that is described below under the heading "Transfer of Rights in the Property." fid "Loan" m~ans the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sum~ due under this Security Instrument, plus interest. (G) "Riders" means ail Riders to thi~ Security Instrument that ar~ executed by Borrower. The following Riders are to be exeeated by Borrower [check box as applicable]: ___~ Adjustable Rate Rider ~ Condominium Rider [] Second Home Rider Bailoon Rider [] Planned Unit Development Rider ~-~ 1-4 Family Rider [] VA Rider [] Biweekly Payment Rider ~ Other(s) [specify] iH) "Applicable Law" means all controlling applicable federal, state and locai statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as ail applicable final, non-appealable judiciai opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial in.~timtion to debit or credit an account. Such term includes, but is not limited to, point-of-saie transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (It) "Escrow Rems" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of ail or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. ("N) "Periodic Payment" means the regularly scheduled amount due for (i) principai and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 10024868 i.ai.m:///~'~ (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500}, as they might be mended from time to time, or :my additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a fed.rally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions a.nd modifications of the Note; and (ii) 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 ~e following described property located in the COT.~I~ [Type of Recording Jurisdiction] Of CU3'~.RY. dl.-ND [Name of Recording Jurisdiction]: SEE LEe, AL DESCRIPTION ATTACHED ~RETO AND M~DE A PART HEREOF AS EXHIBIT ~A~ which currently has the address of 195 HICKORY ROAD CARLISI.~. ("Property. Address"): [Street] [City], Pennsylvania 17 013 [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 tnst ,mment as the "Property." 10024868 (~-6(PA) tooos).ol InitJa~~~ P~, 3 Qt le Form 303{) 1101 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use aad non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note ad this Security Iastrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security lnsW. unent is returned to Leader unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may remm any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a/'easonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might ha,Je now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. AppIication of Payments or Proceeds. Except as otherwise described in this Section 2, all paymenns accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 10024868 (~-6(PA) Iooc8.~.o~ page4, of le. Form 3031~ 1/01 paid in till. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or MisceIlaneous Proceeds to principal due under the Note shall not extend or postpone the. due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; Co) l~asehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section i0. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exemise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or hll Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable est/mates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held ia an institution whose deposits are insured by a federal agency, instrumentzlit3,, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing He escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on he Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applic:~ble Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 10024868 mitials'~ ~/~ shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as del'mod under RESPA, Lender .~hall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender ~e amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower ~all pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any Iien which has priority over this Security Instrument unless Borrower: (a) agreesqn writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; Co) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (o) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instnm~nt. If Lender determines that any part of the Property is subject to a lien which caz attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of tlae actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with thi~ Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by f'Lre, hazarda included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained ia the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance cartier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1IOl If Borrower falls to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effec£. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower ~ured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender te Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insumuc¢ coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of'loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series Of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires i~terest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shatl be the sole obligation of Borrgwer. If the restor~ion 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance cIalm and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance comer has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds m an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 10024868 ~~~ ~t~ 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 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. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statera~ts to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Properly and Rights Under this Security Instrument. If (a) Borro,~er fails to perform the covenants and agreements contained in this Security Instrument, Co) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (13) appearing La court; and (e) paying reasonable attorneys' fees to protect its imerest in the Property and/or rights under this Security Insmament, including its secured position in a bankmptoy proceeding. Securing ~e Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, criminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action trader this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed fiaat Lender incurs no liability for not taking any or all actions authorized under this Section 9. 10024868 '" Initi~~ (~-6~P/~) IO00"~.O~ Oag, a of ~ F:o~'m 303[~ 1/01 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 titI6 shall not merge unless Lender agrees to the merger in writing. I0. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separateIy designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ul~-nately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires separatel?- designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurexs evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds ~hat the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the n~rtgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Fur~er: (a) Any su~ agreements will not affect the amounts tlmt Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the mount Borrower w/Il owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Co) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneou~ Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an oppommity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's.security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Securily Instrument, whether or not then ~lue, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In thc event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the execs, if any, paid to Borrower. In ge event of a partial taking, destruction, or loss in value of the Property in which the fair market value of ~e Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before ~he partial 'taking, d~truction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial ~aking, destruction, or loss in value divided' by (b) the fair market value of the Proper~y immediately before the partial taking, desLruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial t~d~ing, destruction, or loss in value of the Property in which the fair market value of the Properly immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to ~e sums secured by this Security Insu-ument whether or not the sums are rhea due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any ac'lion or proceeding, whether civil or criminal, is begun that, in Lender's .iudgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or fights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 10024868 dismissed wkh a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security In~tmment. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and ahall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied ia the order provided for in Section 2. 12. Borrower Not Released; Forbearane~ By Lander 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the numa secured by this Security Instrument by reaaon of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers;-Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; 0a) is not peraonally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pedbrmed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and fights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Insmunent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by thi~ Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any 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 (whether or not a prepayment charge is provided for trader the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrume. at-~hall be deemed to 10024868 Ini~ial,~: (~-6'P,~,)~0oo81.Ol Pag.,lof18 ~ ~,., /~ Form303" 1/01 WJ1hout recourse' ~'~OPLE~orcE nOME ~.OA,, eNO..~;j ~ ??~ ~o,p.~,o. //1/ Title: ft S Vice President Fairbm~ks Capital Corp. PO Box 5511 70 .lacksonville. FL 022_5 Address Service Requested ,lantu~rx 06? 21)03 16 7CoI3 F('Brqo4113 PI IILIP HOFFMAN BARBARA BARBARA 195 H/CKORY RD C,4J~LISLE PA 17013-9748 1LE: Loan No. 0/1038,13901 FROM: Fairbanks Capital Corp. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU HOME FROM FORECLOSURE ANI~ HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL · IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOILX_Ry STAY OF FORECLOSURE - Under the Act. you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) da; s ii'om the date or'this notice. During that time you nmst arrange and attend a ' ' ' ' ' 'face-to-£ace' meeting with a representative of this lender, or with one of the consumer credit cotmseling agencies listed at the end o£this notice. THIS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ,ASSISTANCE YOU MUST BRING YOUR MORTGAGE LIP TO DATE. TIIE PART OF TIIIS NOTICE CAI,LED "ItOW TO CURE YOUR MORTGAGE DEFAL LT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - lfvou meet with one of the consumer c<edit counseling agencies listed at the end of this notice. the Iender may NOT take action against you for thiay (30) dhys after the date of this meeting. The names, addresses and telephone numbers of designaled consumer credit counselin~ agencies fbr the country in which the prop~qv is located are set fbah at the end of this notice. It is only necessa~~ to schedule one l~/ce-to-lhcc meeting. Advise your lender ilmnediatelv of your intenfions ' ' APPLICATION EOR MORTGAGE ASSISTANCE - Your mo~gage is in dehult lbr the reasons set foah later in this notice. (See IBlloxx lng pages specific inibrmation about the nature of your deflult) Ifyot have tried and are unable to resolve this problem wi~ the lender, you have the right to apply tBr financial assistance ii'om the Ilomeowner's Emergency Motagage Assistance Pro.am. To do so. you nmst fill out, si~ and file a completed Homeowner's ; ne-gency Xssistance P-ogrvm Application with one of the designated consumer credit counseling agencies listed al the end of this notice. Only consumer credit cmmseling agencies have applications fi'om the Ilomeowner's Emergency Motxgage Assisaance Pro.am. They will ass st you in submi~ing a complete application to the Pem~sylvania Housing Finance Agency. Your application MUST be filed or postmarked within thi~v (30) days of your fhce-to-f~ce netting. ' . ¥O[1 .MUST FI LE ~OllR APPLICATION PROMPTLY. IF YOL FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET EORTII IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -. kvailahlc fimds ~br emergency moflgage ass stance are very limited. They will be disbumed by the Agenc3 under the eligibilit3 criteria established by the Act. The Pennsylvania Housing Finance Agency has sixly (60) days to make a decision after it receives your applicat on During that time. no f~)rcclosttr~ proceedings will be pursued against you if you have met the time requiremenl s set t~)rth above. You xvill be notified directly by the Pennsxlvania Itoug ~g Finance Agency of its decision on your a~plicat on ' NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lf.~,u ha~t, filed b~,nkruplc? you can still apply for Emergency Mortgage Assislance) '0003843901CC013' VERIFICATION The undersigned, an officer of Fairbanks Capital Corp. the instant Plaintiff, or its servicing agent, being authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~~ Dated: '2D/./~5 ~ "[ / ~ Name · Scott~l'homa-s -~'~--- Title : Foreclosure Specialist Company: Fairbanks Capital Corp. SHERIFF,S RETURN - REGULAR CASE NO: 2003-01357 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRBANKS CAPITAL CORP VS HOFFMAN PHILIP V ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon HOFFMAN PHILIP V the DEFENDANT__ at 1840:00 HOURS, on the 31s_____~t day of March at 72 LADNOR I,ANE CARLISLE, PA 17013 PHILIP V HOFFMAN by handing to a true and attested copy of COMPLAINT _ MORT FORE together with 2003 and at the same time directing Hi____~s attention to the contents thereof. Sheriff,s Costs: Docketing 18 00 Service · Affidavit 4.14 .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this /0--~ day of So Answers: R. Thomas Klin~" 04/09/2003 BARBARA FEIN SHERIFF'S RETURN - REGULAR CASE NO: 2003-01357 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FAIRBANKS CAPITAL CORP VS HOFFMAN PHILIP V ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff ~f Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ MORT FORE was served upon HOFFMAN BARBARA D DEFENDANT , at ~028:0~00 HOURS, on the at 13 WILTSHIRE EAST the 8t_ h day of CARLISLE, PA 17013 BARBAPjt HOFFMAN by handing to a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing He_____r attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge g.00 3.45 .00 10.00 .00 19.45 Sworn and Subscribed to before me this ~ day of ---~-~-~ A.D. So Answers: 04/09/2003 THE LAW OFFICES OF BARBARA A. FEIN, p.C. A. Fein, Esquire / I.D. No. 53002 Barbara .Esquire / I.D. No. '/9992 Kristen I. DiPaolo, Suite 100 425 Commerce DriVe, Fort Washington, PA 19034 (215) 653-'/450 Attorneys for Plaintiff CAPITAL cORP., As FAIRBANKS Financial servicing agent for Homecomings Network, Inc., Plaintiff, COURT OF COMMON pLEAS CuMBERLAND COUNTY File 14o. 03-9405 Loan 14o. 0003843901 NO. 03-135'/Civil Term pHILIP V. HoFFMAN and B.~.B~d~A D. HOFFM~'q, Defendants. pRAECIPE TO ENTER cONSENT jUDGMENT IN REM TO THE PROTHONOTARY: Kindly enter the appended Consent Judgment, assessing judgment in rem in the mount of $561,500.00, in favor of Plaintiff, Fairbanks Capital Corp., As servicing agent for Homecomings Financial Network, Inc., and against the Defendant, Philip V. Hoffman (ONLY). May6,2003 Attorney I.D. No. 53002 IN THE COURT OF coMMON pLEAS FOR cUMBERLAND coUNTY, pENNSYLYANIA CAPITAL cORP., As FAIRBANKS for Homecomings Financial Servicing Agent Network, Inc., Plaintiff, NO. 03-1357 ClX/IL TERM pHILIP V. HoFFMAN and BARBAP-A D. HOFFMAN, Defendants- CONSENT juDGMENT BY STIPULATION BETWEEN pARTIES nsel for the Plaintiff, Fairbanks Capital .- an agreed by and between C°U ,_ ~_~ and eDefendant, philipV' It is hereby supulate.d ~ --~comings FinancialNetw°r~' ~'~, -'-th foreclosure acUon CorP, As Servicing Agent tot from* ' ' · udgment be entered in the above entitled mortgage Hoffman (oNLY), that in rem J against the Defendant and in favor of the plaintiff in the amount of $561,500.00' In exchange for the Defendant's consent, Plaintiff agrees to waive its fights to a Deficiency ludgment action against this Defendant- Consented to by: Dated: THE LAW OFFICES OF BARBARA A. FEIN, p.C.: BY: Barbara A. Fein, Esqmre Attorney for the plaintiff Thomas J- v,- .... Attorney for the Defendant OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 CURT LONG, PROTHONOTARY TO: Thomas J. Williams, Esquire Attorney for Philip V. Hoffman Ten East High Street Carlisle, PA 17013 FAIRBANKS CAPITAL CORP., As servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF cOMMON PLEAS CUMBERLAND cOUNTY NO. 03-1357 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a judgment has been entered against you in the above captioned proceeding as indicated below. CURT LONG, PROTHONOTARY [XX] Consent Judgment entered IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: BARBARA A. FEIN, ESQUIRE AT (215) 653-7450. THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 03-9405 Loan No. 0003843901 FAIRBANKS CAPITAL CORP., As servicing agent for Homecomings Financial Network, Inc., Plaintiff, Vo PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term PRAECIPE TO ENTER CONSENT JUDGMENT/N REM TO THE PROTHONOTARY: Kindly enter the appended Consent Judgment, assessing judgment in rem in the amount of $561,500.00, in favor of Plaintiff, Fairbanks Capital Corp., As servicing agent for Homecomings Financial Network, Inc., and against the Defendant, Barbara D. Hoffman (ONLY). May 6, 2003 THE LAW OFFICES OF BARBARA A. F~'q, P.C. wPSS No. 00003799 WAIVER OF LIENS WHEREAS, Alan D. Ringhoffer, of Cumberland County, PENNSYLVANIA, entered into a contract with Bolger Bros., LLC, of York County, PA, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 126 Round Ridge Road. Lot #107, Mechanicsburg, PA 17055, Upper Allen Township, CUMBERLAND County, PENNSYLVANIA, as more particularly set forth in Exhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor or material man, nor any other person furnishing labor or materials to the said contractor under this contract shall file a lien for work done or materials furnished to the said building or any part thereof. This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days after date, in accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, but for the same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics Lien Law of 1963. The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors, materialmen and suppliers prior to providing any labor or material by them to the project and will further provide for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor or materials to the project. IN WITNESS WHEREOF, the said parties hereto have hereunto set thei~nd seals this 23RD dav of APRIL, 2003. WITNESS: [ Bri~'n (~. Bolger, Partner EXHIBIT "A" ALL THAT CERTAIN tracts or Parcels of land and premises, situate, lying and being in TOWNSHIP OF UPPER ALLEN~ in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Tract No. 2 BEGINNING at an iron pin along lands now or formerly of Hummelstown Quaries, Inc., thence north twenty three (23) degrees zero (00) minutes zero (00) seconds West, one hundred twenty nine and twenty two (129.22) feet to a point at the southeastern corner of Lot No. 108; thence along Lot No. 108, North thirty nine (39) degrees six (06) minutes fifty (50) seconds East, one hundred seventy and ninety eight hundredths (170.98) feet to a point at the northeastern corner of Lot No. 108 and Round Ridge Road, a ftfiy (50) foot right of way, on a curve to the left, having a radius of two hundred twenty five (225) feet, an arc length of sixty seven and fifty hundredths (67.50) feet, a chord bearing of South fifty nine (59) degrees twenty eight (28) minutes fifty (50) seconds East, a chord distance of sixty seven and twenty five hundredths (67.25) feet, to a point at the northwestern corner of Lot No. 106; thence along Lot No. 106, South twenty one (21) degrees fifty five (55) minutes thirty (30) seconds West, two hundred twenty one and fifty seven hundredths (221.57) feet to a point at the southwestern corner of Lot No. 106; thence along land now or formerly of Hummelstown Quaries, Inc. South sixty nine (69) degrees fifty four (54) minutes thirty three (33) seconds West, thirty four and sixty eight hundredths (34.68) feet to an iron pin, the point and place of BEGINNING. CONTAINING 20,773.3 square feet. BEING Lot No. 107 on the Final Subdivision Plan for Bowman's Hill Phase III, dated June 16, 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70, Page 39. BEING the same premises which Bowman's Hill Associates, a Pennsylvania General Partnership by Deed dated the 24th day of April, 2000, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 2nd day of May, 2000, in Record Book 220, Page 374, granted and conveyed unto Scott A. Bolger. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI NO. 42-30-2112-050 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FAIRBANKS CAPITAL CORP., As Servicing Agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. NO. 03-1357 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned counsel on behalf of the Defendant, Philip V. Hoffman, in the above captioned matter. MARTSON DEARDORFF WILLIAMS & OTTO BY: Thomas J. Wil~ns, Esquire Attorney for the Defendant Attorney I.D. No. Ten East High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FAIRBANKS CAPITAL CORP., As Servicing Agent for Homecomings Financial Network, Inc., Plaintiff, Vo PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. NO. 03-1357 CWIL TERM ACKNOWLEDGMENT OF SERVICE Service of the Complaint in Mortgage Foreclosure is hereby acknowledged and accepted this ,~ ~{ day of ~fl//- ,2003, on behalf of Defendant, Barbara D. Hoffman. I hereby acknowledge that I am authorized to accept service on behalf of the Defendant above named. BY: J~cque~he M. Vemey, Esquire Attorney for the Defendant Attorney I.D. No. ,,~ 3 / ?~ 7 44 South Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FAIRBANKS CAPITAL CORP., As Servicing Agent for Homecomings Financial Network, Inc., Plaintiff, PHIL~ V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. NO. 03-1357 CIVIL TERM ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned counsel on behalf of the Defendant, Barbara D. Hoffman, in the above captioned matter. BY: ffacq~ieline M. Vemey, Esquire Attorney for the Defendant Attorney I.D. No. o? 3 ! 6 44 South Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA FAIRBANKS CAPITAL CORP., As Servicing Agent for Homecomings Financial Network, Inc., Plaintiff, Vo PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. NO. 03-1357 CIVIL TERM ACKNOWLEDGMENT OF SERVICE Service of the Complaint in Mortgage Foreclosure is hereby acknowledged and accepted this ...! t~ay of ~[~, ~' t. , 2003, on behalf of Defendant, Philip V. Hoffman. I hereby acknowledge that I am authorized to accept service on behalf of the Defendant above named. MARTSON DEARDORFF WILLIAMS & OTTO Thomas J. Willi~l~S, Esquire Attomey for the Defendant Attorney I.D. No. i "/5" 1 2__ Ten East High Street Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS NO. 03-1357 Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter, directed to the Sheriffof Cumberland County, against PHILIP V. HOFFMAN AND BARBARA D. HOFFMAN, Defendant(s), and real property situated at 195 Hickory Road, Middlesex Township, Cumberland County, Pennsylvania 17013. INTEREST FROM May 12, 2003 Through December 10, 2003 $561,500.00 19,567.60 COSTS TO BE ADDED $ THE LAW OFFICES OF BARBARA AffFEIN, P.C. Barbara A. Fein, Esquire / Attorney I.D. No. 53002 / 425 Commerce Drive, S~te 100 Fort Washington, PA 19034 (215) 653-7450 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1357 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FAIRBANKS CAPITAL CORP. AS SERVICING AGENT FOR HOMECOMINGS FINANCIAL NETWORK, INC., Plaintiff (s) From PHILIP V. ItOFFMAN AND BARBARA D. I-IOFFMAN (1) You are directed to levy upon the proper0~ of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also thrected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $561,500.00 L.L. $.50 Interest FROM 5/12/03 THROUGH 12/10/03 - $19,567.60 Atty's Comm % Arty Paid $142.59 Plaintiff Paid Date: JUNE 20, 2003 (Seal) Due Prothy $1.00 Other Costs CURTIS R. LONG Prothon?]ry REQUESTING PARTY: Name BARBARA A. FEIN, ESQUIRE Address: 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA 19034 Attorney for: PLAINTIFF Telephone: 215-653-7450 Supreme Court ID No. 53002 Deputy THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 03-9405 FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. AFFIDAVIT UNDER PA. RCP RULE 3129 Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 195 Hickory Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of each Owner and/or Reputed Owner: Philip V. Hoffman 72 Landor Lane, Carlisle, PA 17013 c/o Thomas J. Williams, Esq. Ten East High Street, Carlisle, PA 17013 Barbara D. Hoffman 13 Wiltshire East, Carlisle, PA 17013 c/o Jacqueline M. Vemey, Esq. 44 South Hanover Street, Carlisle, PA 17013 Name and address of each Defendant named in the judgment: Philip V. Hoffrnan 72 Landor Lane, Carlisle, PA 17013 c/o Thomas J. Wilhams, Esq. Ten East High Street, Carlisle, PA 17013 Barbara D. Hoffman 13 Wiltshire East, Carlisle, PA 17013 c/o Jacqueline M. Verney, Esq. 44 South Hanover Street, Carlisle, PA 17013 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commonwealth of PA Department of Revenue Compliance Bureau Dept. 280946 Harrisburg, PA 17128 U.S. Treasury Dept. Pittsburgh Office Room 808 1000 Liberty Avenue Pittsburgh, PA 15222-9974 Internal Revenue Service Special Procedures Branch Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Ave. Pittsburgh, PA 15222 Name and address of the last recorded holder of every mortgage of record: Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., Plaintiff 338 South Warminster Road P.O. Box 1900 Hatboro, PA 19040-1900 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Middlesex Twp. Municipal Authority 350 North Middlesex Road, Suite 2 Carlisle, PA 17013 Nancy R. Sheibley, Tax Collector 3235 Spring Road Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Sq. Carlisle, PA 17013 Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 195 Hickory Road Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Farmers Trust Co. 1 West High PO Box 220 Carlisle, PA 17103 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. Section 4904 relating to unswom falsification to authorities. Date: May 17, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~..]~_ ~~// THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Connnerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 05~9405 FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03~1357 Civil Term PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. NOTICE OF SHERII~F'S SALE OF REAL PROPERTY TO: Philip V. Hoffinan c/o Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Barbara D. Hoffinan c/o Jacqueline M. Vemey, Esq. 44 South Hanover Street Carlisle, PA 17013 Your house at 195 Hickory Road, Middlesex Township, Cumberland County, Pennsylvania is scheduled to be sold by the Cumberland County Sheriffs Department on December i0, 2003 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment of $561,500.00 obtained by Plaintiff, Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., against you. NOTICE OF OWNERS' RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the Judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Kristen J. DiPaolo, Esquire at (215) 653-7450, or by calling the Camberland County Sheriffs Department at (717) 240-6390. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount bid in the sale. To find out if this has happened, you may call Kristen J. DiPaolo, Esquire at (215) 653-7450, or by calling the Cumberland County Sheriffs Depath~ent at (717) 240-6390. 4. If the mount due fi.om the buyer is not paid to the Cumberland County Sheriff, you will remain the owner of the property as if the sale had never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriffand the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Cumberland County Sheriffon or about thirty (30) days fi.om the date of Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriffwithin ten (I 0) days after the distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 DESCRIPTION ALL THAT CERTAIN Iot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Birch Road. at line of lot No. B-10 of the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds West, 130.54 feet to a point; thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet. a tangent of 14.40 feet and an arc distance of 22.95 feet to a point on the Eastern side of Hickory Road; thence by the iarter, South 5 degrees 52 minutes 07.5 seconds West, 175.60 feet to a point, the line of Lot No. B-24 of said Plan: thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.98 feet to the line of Lot No. B-Il of said Plan; thence by said lot and Lot No. B-I0 of said Plan, North 4 degrees 56 minutes 44 seconc[s East, 195.89 feet to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots known as Reis Acres Estates, as recorded in the office of the Recorder of Deeds for Cumberland County in Ptan Book No. 19, pages 32 and 33. Tax Map# 22-0128 Parcel# 029 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 03-9405 Loan No. 0003843901 FAIRBANKS CAPITAL CORP., as servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term AFFIDAVIT OF SERVICE I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., hereby certify that I have served a true and correct copy of the Notice of Sheriff's Sale of Real Property on the Defendant, Philip V. Hoffman on July 11, 2003, by certified mail, postage pre-paid, and evidenced by the return receipt executed by the Defendant, Philip V. Hoffman, originals of which are attached hereto. Sworn to before me this 28th dayof July, 2003. C NOTARIAL SEAL JOAN BERNSTEIN, Notary Public Upper Dublin Twp., MontgomeP/Count/ My Cornmiss on Expires Decemper 26, 2005 THE LAW OFFICES OF BARBARA A. FERN, P.C. t~Lar~ ssica~lVl-cVittie, Paralegal t~' Barbara A. Fein, Esquire Attorney for Plaintiff Philip V. Hoffman 72 Landor Lane Carlisle, PA 17013 7002 2410 0006 3419 0041 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 03-9405 Loan No. 0003843901 FAIRBANKS CAPITAL CORP., as servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term AFFIDAVIT OF SERVICE I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., hereby certify that I have served a tree and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant(s), Barbara D. Hoffrnan on July 11, 2003, pursuant to Pennsylvania R.C.P. 440, by certified mail, postage pre-paid, and evidenced by the return receipt executed by Kathleen Shavlis, who is an employee of the Defendant's Attorney, Jacqueline M. Vemey, Esq., originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Sworn to before me this 28th day of July, 2003. ubl'-i~ [ NOTARIAL SEAL JOAN BERNSTEIN, Notary Pu..blic ~ Upper Dublin Twp,, Montgomery county [My Commission Expires December 26, 2005 ca McVittie, Paralegal to ara A. Fein, Esquire Attorney for Plaintiff Barbara D. Hoffman c/o Jacqueline M. Vemey, Esq. 44 South Hanover Street Carlisle, PA 17013 7002 2410 0006 3419 2h87 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 Suite 100, 425 Commerce Drive Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff FAIRBANKS CAPITAL CORP., as servicing agent for Homecomings Financial Network, Inc., Plaintiff, File No. 03-9405 Loan No. 0003843901 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. ~AFFIDAVIT OF SERVICE I, Jessica McVittie, paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., hereby certify that I have served a true and correct copy of the Notice of Sheriffs Sale of Real Property on the Defendant(s), Philip V. Hoffman on July 14, 2003, pursuant to Pennsylvania R.C.P. 440, by certified mail, postage pre-paid, and evidenced by the return receipt executed by Marcia Compton, who is an employee of the Defendant's Attorney, Thomas J. Williams, Esq., originals of which are attached hereto. THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: ~ssica McVittie, Paraiegal to Sworn to before me this 28th day of July, 2003. Barbara A. Fein, Esquire -- ' Attorney for Plaintiff ~- ~ - ' - NOTARIAL SEAL ~o~a~y~Public ' "~""~- JOAN BERNSTEIN, Notary Public ~/ [Upper Dublin Twp. Montgomery County [My Commission Expires December 26, 2005 ~o Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 7002 2410 0006 3419 0034 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein, Esquire / I.D. No. 53002 Kristen J. DiPaolo, Esquire / I.D. No. 79992 425 Commerce Drive, Suite I00 Fort Washington, PA 19034 (215) 653-7450 Attorney for Plaintiff File No. 03-9405 FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN and BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term AMENDED AFFIDAVIT UNDER PA. RCP RULE 3129 Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., Plaintiff in the above captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution was filed, the following information concerning the real property located at 195 Hickory Road, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and beliefl 1. Name and address of each Owner and/or Reputed Owner: Philip V. Hoffinan 72 Landor Lane, Carlisle, PA 17013 c/o Thomas J. Williams, Esq. Ten East High Street, Carlisle, PA 17013 Barbara D. Hoffman 13 Wiltshire East, Carlisle, PA 17013 c/o Jacqueline M. Vemey, Esq. 44 South Hanover Street, Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Fairbanks Capital Corp. as servicing agent for Homecomings Financial Network, Inc., Plaintiff 338 South Warminster Road P.O. Box 1900 Hatboro, PA 19040-1900 Name and address of every other person or entity which has any record lien on the property: None Name and address of every other person or entity which has any record interest in the property and whose interest may be affected by the sale: Middlesex Twp. Municipal Authority 350 North Middlesex Road, Suite 2 Carlisle, PA 17013 Nancy R. Sheibley, Tax Collector 3235 Spring Road Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Sq. Carlisle, PA 17013 Name and address of every other person of whom the Plaintiff has knowledge who may have an interest in the property which may be affected by the sale: Tenant/Occupant 195 Hickory Road Carlisle, PA 17013 Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No.03-9405 Loan No. 0003843901 FAIRBANKS CAPITAL CORP. as servicing agent for Homecomings Financial Network, Inc., Plaintiff, PHILIP V. HOFFMAN AND BARBARA D. HOFFMAN, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-1357 Civil Term CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS I, Jessica McVittie, Paralegal to Barbara A. Fein, Esquire, attorney for Plaintiff, hereby certify that upon information and belief, diligent efforts have been made to identify all persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding, and that such persons/entities have been sent Notices of SherifFs Sale (attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of November 7, 2003 is appended hereto and incorporated herein by reference as Exhibit "B"). I declare under penalty of perjury that the foregoing is true and correct. November 7, 2003 THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: 6~Jess'ca McVittie, Paralegal to Barbara A. Fein, Esquire Attorney for Plaintiff cc. Cumberland County Sheri~s Department NEW JERSEY OFFICE 905 North Kings Highway Cherty Hill, NJ 08034-1569 (856) 596-5552 Barbara A. Fein, Esquire Kristen J. DiPaolo, Esquire Member of Pennsylvania and New Jersey Bars THE LAW OFFICES OF BARBARA A. FEIN, P.C. Suite 1 oo 425 commerce Drive Fort Washington, PA 19034 (215)653-7450 FAX:(215)653-7454 June 17, 2003 NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE PITTSBURGH OFFICE 110 Atwood Street, No. 680 Pittsburgh, PA 15213 (412) 361-8286 File No. 03-9405 TO: All Parties in Interest and Claimants OWNER(S): PHILIP V. HOFFMAN BARBARA D. HOFFMAN PROPERTY: 195 Hickory Road Middlesex Township County of Cumberland, PA 17013 Improvements: Two Story, Cape Cod Style, Residential Dwelling Cumberland County Court of Common Pleas No. 03-1357 Civil Term Please be advised that the above captioned property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriffs Department on December 10, 2003 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania. This sale is scheduled pursuant to a judgment entered in the amount of $561,500.00 in the Court of Common Pleas for Cumberland County. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished (removed) by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriffnot later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriff's Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, BY: ~2~ ~x ~"~---~THE LAW OFFICES OF BARB:/. ~ t t oarbmareayAf~ rF ;il~} net is ~fuir ef FEIN, P.C. DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern line of Birch Road, at line of lot No. B-10 of the hereinafter mentioned Plan of Lots; thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds West, 130.54 feet to a point; thence by said road and by Hickory Road, by a curve to the left, with a radius of 15 feet, a tangent of 14.40 feet and an arc distance of 22.95 feet to a point on the Eastern side of Hickory Road; thence by the latter, South 5 degrees 52 minutes 07.5 seconds West, 175.60 feet to a point, the line of Lot No. B-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.98 feet to the line of Lot No. B-ii of said Plan; thence by said lot and Lot No. B-10 of said Plan, North 4 degrees 56 minutes 44 seconds East, 195.89 feet to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots Imown as Reis Acres Estates, as recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 19, pages 32 and 33. Tax Map# 22-0128 Parcel# 029 ~o E_.,:'~HIB IT WWB WW <~ mmm~ [] ~_. COMMONWEALTH OF PENNSYLVANIA -~ COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Homecomings Fin Network Inc is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 20th day of Jtme, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 1357, at the suit of Fairbanks Capital Coro agent for Homecomings Fin Ntwork Inc against Philip V Hoffman & Barbara D is duly recorded in Sheriff's Deed Book No. 261, Page 76. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?~ a~_ day of ~ , A.D2004 ~---Recorder of Deeds Fairbanks Capital Corp. as Servicing In The Court of Common Pleas of Agent for Homecomings Financial Net- Cumberland County, Pennsylvania Work, Inc. Writ No. 2003-1357 Civil Term VS Philip V. Hoffman and Barbara D. Hoffman Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2003 at 2:20 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Philip V. Hoffman c/o Thomas J. Williams, Esq., by making known unto Marcia Compton, receptionist for Thomas J. Williams, Esq., at 10 East High Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2003 at 3:02 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Barbara D. Hoffman c/o Jacqueline Verner, Esq., by making known unto Jacqueline Vemey, Esq., at The Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2003 at 3:02 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Philip V. Hoffman and Barbara D. Hoffman located at 195 Hickory Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Philip V. Hoffman c/o Thomas J. Williams, Esq., by regular mail to his last known address of 10 East High Street, Carlisle, PA 17013. This letter was mailed under the date of October 6, 2003 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Barbara D. Hoffman c/o Jacqueline M. Verney, Esq., by regular mail to her last known address of 44 South Hanover Street, Carlisle, PA 17013. This letter was mailed under the date of October 6, 2003 and never returned to the Sherif£s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Barbara A. Fein for Homecomings Financial Network, Inc. It being the highest bid and best price received for the same, Homecomings Financial Network, Inc. of 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $765.97, it being costs. SherifiOs Costs: Docketing $30.00 Poundage 15.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library ,50 Prothonotary 1,00 Mileage 10,35 Levy 15.00 Surcharge 30.00 Law Journal 237.50 Patriot News 263.20 Share of Bills 28.90 Distribution of Proceeds 25.00 Sherif£s Deed 39.50 $ 765.97 Sworn and subscribed to before me This /~ ~ day of ~2~a~e~ 2004, A.D. (~.~. O'~). ~ 'Pr6thonotary So Answers: R. Thomas Kline, Sheriff Real EstateODeputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 28th day(s) of October and the 4th and 11th day(s) of November 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#1 My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRiOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 263.20 ci Publisher's Receipt for Advertising Cost publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: OCTOBER 17, 24, 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place mad character of publication are true. REAL ESTATE SAL~ NO. 1 Wril No. 2003 1357 Civil Fairbanks Capital Corp.. as servicing agent lbr Homecomings Financial Network, IBc. ¥5. Philip V. Hoffman amd Barbara D. Hoffman Atty.: Barbara A. Fein DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township. Cumberland County. Pennsylvania. bounded and described as tbllows: BEGINNING at a point o~ the Southern line of Birch Road, at line of lot No. B-lO of the hereinal'[er mentioned Plan of Lots: thence by said Southern line of said road, North 86 degrees 27 minutes 04 seconds West. 130.54 t'eet to a point: thence by said road and by Hickory Road, by a curve to the left, e Coyne, r SWORN TO AND SUBSCRIBED before me this 31 _dayof_ OCTOBER, 2003 N~f~/ ,,~ NOTARIN. SEAL ~ LOtS E. SNYDER, Noiar/public Cadisle Bom, Cumbe~m6 C~miy I~y Commission Expires IVlm~h S, 2008 VS. Philip V. HolIman auld Barbara D. Hoffman Atty.: Barbara A. Fein DESCRIPTION ALL THAT CERTAIN lot of ground situate in Middlesex Township, Cumberlax~d County, Pennsylvania, hounded and described as ibliows: BEGINNING at a point on the Southern line of Birch Road, at line of lot No. B 10 of the herainai~er mentioned Plan o1' Lots; thence by said 8outhern line of said road. North 85 degrees 27 iainutes 04 seconds West, 130.54 feet to a point: thence by said road and by Hickory Road, by a curve to the left. with a radius of 15 feet, a tangent of 14.40 feet and an arc distance of 22.95 feet to a point on the Eastern side of Hickory Road; thence by the latter. South 5 degrees 52 minutes 07.5 seconds West, 175.50 l~et to a point, the line of Lot No. B-24 of said Plan; thence by the latter lot, South 84 degrees 07 minutes 52.5 seconds East, 147.98 feet to the line of Lot No. B 11 of said Plan; thence by said lot and Lot No. B-10 of said Plan. North 4 degrees 56 minutes 44 seconds East, 195.89 tket to the Place of Beginning. BEING Lot No. B-23 of the Plan of Lots known as Reis Acres Es- tates, as recorded in the office of the Recorder of Deeds for Cumber land County in Plan Book No. 19, pages 32 and 33. Tax Map #22 0128. Parcel #029. 31 day of OCTOBER._ 2003 ,.~ NOTARIAL SEAL LOIS E, SNYDER, Nota~/public Carlisle Boro, Cumberland Coun{y My Commissio~ Expires Ma~h 5,