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HomeMy WebLinkAbout03-1592IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. MARK A. DAVIS and JANET G. DAVIS, Defendants. TO: DEFENDANT(s) YOU ARE HEREBY NOTIFIED TO PLEAD TO ~ ENCLOSEDtCOMPLAINT WITHIN TWENTY (20) DAYS FROM SER~ICE~r[EREO,~ ~R ~DEFAULT JUDGMENT MAY BE~ ~ ATTO~IEY F~II' v' I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 20 South Main Street, P.O. Box 6010 Chambersburg, PA 17201 AND THE D~FENDANT(~. ~" ~"-'" PA 17257 107 Ham~, CERTIFICATE OF LOCATION I HE,BY C~R*IF¥ r~T TH~. LOC^TION OF THE REAL E~rT~E ~ ~ BY THIS LIEN IS 107 Hanun~; ~PA 17257 CIVIL DIVISION TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg Plaintiff, COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FARMERS AND MERCHANTS TRUST · COMPANY OF CHAMBERSBURG, · : Plaintiff, · NO.: : : Defendants. · MARK A. DAVIS and JANET G. DAVIS, NOTICE TO CIVIL DIVISION DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days atter this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FARMERS AND MERCHANTS TRUST · COMPANY OF CHAMBERSBURG, · Plaintiff, ' NO.: Defendants. · MARK A. DAVIS and JANET G. DAVIS, CIVIL DIVISION AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de romar action como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (S00) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust comPany of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers and Merchants Trust Company of Chambersburg, which has its principal place of business at 20 South Main Street, P.O. Box 6010, Chambersburg, Pennsylvania 17201. 2. The Defendants, Mark A. Davis and Janet G. Davis, are adult individuals whose last known address is 107 Hammond Road, Shippensburg, Pennsylvania 17257. 3. On or about November 14, 1997, Defendants executed a Note in favor of Plaintiff in the original principal amount of $63,350.00. A tree and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 21, 2000, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $23,250.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 5, 1997, in Mortgage Book Volume 1420 Page 553. A tree and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about May 15, 2002, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. True and correct copies of said Notices are marked Exhibit "C", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal $60,345.39 Interest through 4/2/03 $ 1,776.47 Late Charges $ 105.35 Bank Fees $ 80.50 Attorney's Fees $ 1,250.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $66,057.71 plus interest on the principal sum ($60,345.39) from April 2, 2003, at the rate of$11.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. If Defendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address of the original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $66,057.71, with interest thereon at the rate of$11.73 per diem from April 2, 2003 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. JAMES, S r ,D~ & CONNELLY LLP BY: /l~ ~ [/' Scott A.~Etiettdric-~, Esquire Attorneys for Plaintiff PA I.D. # 55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" FIXED/ADJUSTABLE RATE NOTE Loan N~ber : ~?~35006 0 Year Treasury ~ndcx -Rate Cap) 10/1 THIS NOTE PROVIDES FOI~ A CHANGE IN M~ FIXED INTEREST RATE TO AN AD. STABLE INTEREST RATE. THIS NOTE LIMII'$ ~ AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE IMUST PAY. November 14, 1997 Chambersburg PA f07 Hammond Road, Shippensburg, PA 17257 1. BORROWER'S PROMISE .~O PAY In return for a loa~ that I have receive, d, I promise to pay U.S. $ 63,350.00 (~ amotmt is called "principal"), plus lateral to th~ order of h~ Lender. The Lender is Farmers ~nd Merchants Trust Companyof Chambersburg I understand that the Leader may transfer th~$ Note. Th~ Lender or anyone who takes ~ Note by transfer and who is eatitlexl to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until thc full amou''t of principal has been paid. I will pay intexcst at a ycarly rate of 7.000 %. Theimete. st rate l will pay may chaage in accordanccwith$cction4 of this Note. The iater~t rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default dczeribed in Section 7(B) of this Note. 3. PAYMENTS (A) Time mat Plsce of Psymeats I will pay principal and inu~est by making payra~ats every monL~. ! will make my mo''~ly paymenL~ on thc fw~t day of each month bcgin.i.g on January 1, 1998 I wil] make these payments every month until I havc paid all of thc pr/nc/pal and interest and any other charges d¢~ below Ihat I may owe under this Nom. My monthly payments will b~ applied to interest before prlncip~ ILo-, Decer0ber 1, 2027 ,Is~illoweamoun~sundcrthizNote, I will pay those arnouncs ~ full on that date, which is cailcd thc "Maturity Date.' I w/Il make my monthly payments at Farmerz and Herchants Trust Company of Chambersburg or at a different place if required by the Note Holder. (B) Amount of My Initial Mon~ly Payments Each of my initial monthly payments will be in the amount of U.S. $ 4 2 1.4 7 . This amount may change. (C) Monthly Payment Cha~ges Changes in my monthly payment will reflect changes in the unpaid principal of my loan and ia the interest rate that I must pay. The Note Holder will determine my new interest rate and thc changed amount of my monthly payment ia accordance with ~ectioa 4 of this Note. MULTLVI'ATE FIXEWADJ-o'STABLE PATE NOTE - 1 YEAR TREASURY INDEX -. ~le Fam/ly - Farmic IVi~c Uniform r~rummt Fon~ 3522 5/94 ~TT~M $7,~L1 {~$11) (Page I of ..T page$) To 0t~'C~I: 1400~3g-g3,g,30Fiz.$1~.Tgl.1131 4. ADJUSTABLE INTEREST RATE AND MONTItLY PAYMENT The initial £m:d interest rate I will pay will change to an adjustable interest rate on the fa-st day of Dece]ubez- 2007 · and th~ adjustable intere-st rate I will pay may change on that day every 12th month thereafter. The dau~ on which my initial Fixed interest tale changes Io aa adjustable interes£ rate, and each date on which my adjustable interest rate could change, is called a 'Challge Date.' CB) The Imiex Beginning with the first Change Date, my adjustable interest rate will tx: based on an Index. The 'Index" is LI~ weekly avcrag¢ yield on Uniled States TIeasury sca:uriNes adjusted 1o a constant maIuriIy of 1 year, az made av-aflabl~ by the Federal Reserve Board. The most recent Index figure available a.s of the date 45 days before each Change Date is called tl~ 'Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me noti~ of this choice. (C) Caleall~lioll of Chmnges Before each Change Date, the Note Holder will calculate my new interest rate by adding T~o And percentage points ( 2. ? 50 %) to the Current Index. The Note Holder will th~u round the result of this addition to thc ncaxcst one-eighth of one percentage poini (0.125%). Subject to thc lirnltS stated ia Section 4(D) below, LI~ rounded amount will be my new interest rate until the ncxt Chsngc Date. The Note Holder will then dctexmine the amount of the monthly payment Lluat would b~ sufficient to repay thc unpaid principal that I am expected to owe at the Change Date in full on the Maturity Dam al my new interest rate in substantially equal payments. Thc result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rs~te Change~ Thc intcxest rate I am required to pay at the first Change Date will not be greater than 9.000 % or less than 5. 000 %, Thereafter, my adjust:~blc interest rate will never be increased or decreased on ally single Change Date by more than two percentage poin~ (2.0%) from the rate of interest I have bccu paying for the preceding 12 months. My interest rale w~l never b~ greatex tha~ 1.2. 000%. CE) Effective Date of Changes My new intc. n:st rate will become effective on each Change Date. I will pay thc amount o£ my n~w monthly payment beginning on the in'st monthly paymcut date after thc Change Date un~il the amount ofmy monthly payment chaagc~ again. (F) Noticeor Changes The No~e Holder will dclivcr or mail to mc a no[ic~ of the change in my initial fixed interes~ ram to an adjustable inlerest rate and of any changes ia my adjustablc i~tercst rate before the effective date of any change. The notice will include thc amount of my montttly payment, any informatiofl required by law to be given mc and also ~ lclcphon¢ number of a person who will answer any question I may have regarding thc notice. 5. BORROWER'S :RlGI-rr TO PREPAY I have the right to make payments of principal at any time before they axe duc. A payment of principal only is known as 3 "prepayment." When ] make a prepayment, I will tell the Note Holder in writing that I am doing I may make a full prepaymcnt or partial prcpaymcntz withou! paying any prepayment charge. Thc Note Holder will use all of my prepayments to reduce the amount of principal that I owe under ~ Note. If I make a partial prepayment, Ihcrc will be no changes ia the due dams of my monthly paymcnis unless the Note Holder agrees in writing ~o thos~ changes. My partial prcp-~ymcnt may n:duca the amount of my monthly payments after ~ f~rs£ Chan~c Date following my partial prepayment. However, any reduciion duc to my partial prepayment may be offset by a~l interest ra~e increa.~. ITEM. $74~L2. {9511) To O~n.J'~k t..~OO-~.~O~p3931-1F~16-Tg, l-1131 IJ,t,'IJO.'ZIJLJJ lO:J/ i'A,~. /~.J. .)1~;']. l- & J! L~.lill 6. LOAN CHARGES If it law, whic~ applies to this ioa~ and which sets maximum loan charges, is £mally interpreted so that the interest or other loan charges collcclcd or to be colics:ted in connect/oD with tl~s loan exceed the permitted l/mits, then: (i) any such loan charge -,hall be ~clue.~cl by the amount necessary to reduce thc charg~ to the pemglted limk; and (ii) any sum~ ske. ady collected/rom me that e~'~,,,~ied permitted limits will be refunded to me. Thc Note Holder may choose to make rigs ~fuud by r~iucing ~ principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, th~ reduction will bc treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments l-f th~ Note Holder h~ not received the full amomlt of any monthly payment by the end of 15 calendar days a.0zr thc date it is due, I will pay a late charge to the Note Holder. The amount of thc charge will be 5.0 0 0 % of my overdue payment of principal and interest. I will pay th/s late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is duc, I will be in default. (C) Notlee of l)efault If I ara in default, thc Note Holder may s~nd me a written notice telling me ~hat ff I do not pay the overdue amount by a certain date, the Note Hol&r may r~luirc mc to pay imm~iar~[y the full amount of principal that h~ not been paid and all t[~ inte~e~ that I owe on that amount. That date must be at least 30 days al'tcr thc date on which th~ notice is ddivered or mailed to me. (D) No Waiver By Note HoMer Even if, at a tim~ when I am in de~ault, the Note Holder does not recluirc mc to pay immexliately in full as above, thc No~ Holder will still have tl~ ri§hr to do so ff I am in default st a later time. (E) Payment of Note Holder's Costs ~nd Expenses I.f the Note Holder has required me to pity immediately in full as described abow-, tl~ Note Holder will have tl~ ri§bt to be paid back by me for all of ks costs and expenses in enforein§ r.~ Note to tl~ extent not prohibito:t by applicable law. Those ¢×pcn~=s include, for ~xample, re'~onable attorneys' §. GIVING OF NOTICES Unless applicable law requir~ a different method, any notice that must be given to mc under rigs Note will be given by delivering it or by mailing it by Brst class mail to m~ at the Property Addrc.~ above or at a different addre~ if I give the Note Holder a notice of my diffcrcnt address. Unless thc Note Holder requires a diffcrcnt method, any notice that must be given to the Note Holder under ~ Note will be given by maltln$ it by first class mail to the Note Holder at the address stated in Scetion 3(A) above or at a d/ffcrcut addreas ff 1 m given a notic~ of that different address. 9, OBLIGATIONS OF PERSONS UNDER THIS NOTE ff more than one person sinai ti'ih Note, each person is fully ~nd personally obligated to ~ all of the promises madc in this Note, i~cluding the promise to pay the full amount ow~t. Any person who is a ~uarantor, surety or eudorscr ofth~ Note is al~o obligated to do thc.sc things. Any person who takes over these obli~aliona, including the obligations of a g~arantor, surety or endorser of this Note, is also obligated to keep all of the promises made in thi~ Nole. The Note Holder may enforce its rights under this Note against each person htdividually or against all of u.s togahcr. ~ m~ns that any one of ~ may be re~luire~ to pay all of the amount owed under this Note. I0, WAIVERS I and any other person who has 'obligations under this Note waive thc r/ghts of presentment and notic~ of dishonor. "Prcscntmcnt" means the right to require thc Note Holder to demand payment of amoun~ due. "Notice of dishonor" me-ms the fight to require the Note Holder to ~ive notice to other persons that amounts due have not been paid. ITI~M $7d1~1.5 (9511~1 (Page Eoru 3522 GRE. ATLAND [] To Or, Bt Carl: 1,.8o~.s31s-§aq3r'l Ff~elG-Tgl-1127 13:3';' FAX 261 3621 F & ~,! ~012 11. UNIFORM SECURED NOTE This Note is a unirom ins~un~nt with limited variations in some jurisdictions. In addition to the protections given to the Note Holder uude~ this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protccts ~ Note Holder from posm'ble los~-s that might rcsult [fi do not keep the promises which ! make in this Note. That Security Instrument describes how and under what conditions I my bc required to make immediate payment in full of all amounts I owe under this Note.. Som~ oftho~ conditions are describcA as follows: (A) UNTIL MY INITIAL FIXFJ) INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Trnnsfer of the Proper~ or n Beneficial Interest in Borrower. If all or any part of thc Pmpe~y or any interest in it is sold or tranderrcd (or if a Mzacficial interest in Borrower i~ ~old or transferred and Borrower is not a natural lxa'son) without L~der's prior written cons~t, Lender may, at its option, require immediate payment in full of all sums secured by flt/z ._%o,_rity Instrument, However, this option -~hall not be exerci/~l by Leader if exercise is prohibited by federal law as of thc date of this Sccur/ty Instrument. If Lender cxerciscs this option, Lender shall §ire Borrower notice of acceleration. The notice shall provide a period of not leis than 30 days from the date the notice is delivered or mailed within which Borrower most pay all sums secured by this Security Instrument. If Borrower fa.ils to pay the.~ sums prior to the expiration of th/s l~5od, I.cndcr may invoke any rrrn~lir~ perm/trod by thi~ Security Instrument without furr~r notice ar demand on Borrowcr. (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER TItlE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION Il(A) ABOVE SHALL THEN CEASE TO RE IN EFFECT, AND UNIFORM COVENANT 17 OF ~ SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower, I1' all or any part of the Property or any interest in it is sold or transfcncd (or if a bcucficial intcrc.st in Borrowcr is sold or transforred and Borrower is not a mural person) without Lender's prior written consent, Lender may. at ia option, require immature payment in full of all sums secured by this Security Instrument. However, this option shall not be cxcrciscd by Lcudcr ff exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lcndcr infomtion required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's .security will not be impaired by thc loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, I.~-nder may charge a reasonable fee a~ a condition to Lender's consent to the loan assumption. Lender also may require the lramferee to ~ign an assumption agreement that is acceptable to Lender and that obligate~ the transferee to keep all the promises and agreements made in the Note and in this Security Instrument, Borrower will continue to be obligated under thc Note and this Security Instrument unless Leeder release, s Borrower in writing. If Lender exercises the option to require immediate payment in full, Le~der shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date thc notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this pc-fiod, I.~nder may invoke any rcmcdie~ permitted by ~ Security Instrument without further notice or demand on Borrower. ITEM 574~!.4 (9~11l (Page 4 ors page) Form 3522 B orrowc~ haz exeoJted and a~kaowlc~lg~s rcc, cipt ofpagcs I through 5 of this Note. OF THE UNDERSI~. -Bosro~cr ~net G. DaVis ($~) -Bormwcr (Seal) -Borrower (se.m) (Seal) -Ro~ower (Seal) [Sign Original Onlyl fPase 5 ors pages) u,t,'t;a/2tlu3 l~:~Y YA,L 2U1 ~U21 1-' & M t~j. u14 ADJUSTABLE RATE LOAN RIDER Loan ~u,~.,:r : 9?035004 NOTICE; THE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAIN5 A PROVISION ALLOWING FOR CIlANGES IN THE INTEREST RATE. INCREASES IN THE INTEREST RATE WILL R.ESULT IN HIGHER PAYMENTS. DECREASES IN TIlE INTERla'$T RATE WILL RESULT IN LOWER PAYlVlENT$. Word$,number~or phra.se~precedecbya F'~ areapplicableonly lf the F-~ Is marked~.g. [-~'] . This Ridex is madc thin 14 th day of November, 1997 ,andis incorporated into and shall be dccmcd to amend and supplement the Mortgage, Dead of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (thc "B orrowcr") to segure Borrowcr's Note to Farmers and Merchants Trust Companyof Chambersburg (thc "Lender") of the same date (thc "Note") and covering the propecty desa-ibed ia the S~eurity hstmment and located at 107 Hammond Road, Shippensburg, PA 17257 [lhropexty Add~.~] Modifications. In addition to the c. ovet~anta and agreements made ia thc Scaurity In~trumcnt, Borrower and Lender furth~ covenant and agree aa follows: A. INTEREST RATE AND $CI-IEDULED PAYMENT CI:{ANGES (I) Initial Interest Rate TI~ Note provides for an "Initial Intexeat ~tc' of the intexaat rata and the scheduled payments. 7.000 %. The.Note provides for changes ia (2) Chang~ Dates Each date on which my intcreat rate could change is called a "Change Data." '(You musrcheckoneboxandfill In the approprlatelnformation) [~ The Note intem~t rate may change on thc fwst day oft. he month beginning on 0ece~ber, and on the first day of the month :very 12 months thereafter. 2007 'i'ne Note intc~.~t rata may change on the .and on that day of the month every day of the month beginning on month~ thereafter. The Note intcrcat rata may change (3) The Index Changes in the interest rate are governed by chang'ex in an interest rate index called the "Index". The Index is: Weekly average yield on U.S. Treasury Securities adjusted to a constant maturity of one year ADJUSTARLE IRATE LOAN RIDER fPage J afS page$) ,,~..,,..¢,.. Ta 0ratxOat;: 1.100-s~.lalar'lF~$1s-7t1.113~ The most r-,',-~t Index figu~ available ~ of the date ~ 45 days Change Date is called thc "Current Index". days befot~each If the Indc:x is no longer available, thc Note Holder will choose a new index whi~ is based upon comparable information. 'l'ne Note Holder will give me notice o£ this choice. (4) Calculation of Changes Before each Change Date, tim Note Holder will calculate my new interest rata by adding Two And Three-Quarters percentage points ( 2.7 5 0 %) to the Current Index. The Note Holder will then round thc result of this addition to the ncat~t (You must check one box and fill in any appropriate rounding value) one-eighth of aec percentage point (0.125%). [] of onc percentage point ( %). Subject to the limita statcd in Section A(5) on page two, this rounded amount will be my new interest rate until the next Change Date.. The Not~ Holder will then detenninc thc amount of the scheduled payment that would Ix: sufficient to repay tim unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will bc thc new amount of my ~eheduled payment. (5) Limits on Inter~ Rate Changes Tho intcrcst rata I am requir~ to pay at the first Change Date will not bc grcatcr than 9.0 0 0 % or lcss than !~. 0 0 0 %. Thereafter, my interest rate will never increase or dex:rease on any sing~ ChangcDatc by more than rl~o pcrccntagc points ( 2.000 %) from the rate of interest I have been paying for thc preceding period. (You mustcheckoneboxandflll in the approprlatellmlt(s)) E~ My interest rate will never be greater than [X~ My interest rate will never be gr~ater than 12.000 %o~'lessthan 2.000 %. (6) Effective Date or Changes My new interest rate will become ~ffc~tivc on cach Chmagc Date. I will pay the amount of my ncw scheduled payment beginning on the first scheduled payment date after thc Change Date until the amount of my schedulexl payment changes again. (7) Notice of Cl~nges The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my scheduled payment b~fore the effective date of any change. The notice will include information required by law to lac gd.'ven me and also the title and telephone number of a person who will answer any question I may have regarding thc notice. ~TEU 7'3a7~ (gTOq (Page2 o/3£a~,e$) To O~'rall: U4,'UJ,'YUUJ /J:J/ PA.3,. :'U/ O~Z/ ~ ~ ,1! ~u~v la. LOAN CHARGES It could be that the loa~ secu_w.d by thc Sccurity Instramcnt ~ subject to a law which sets maximum loan charges and that law ia interpreted so that the intem..st or other loan charges collected or to be collected ia connect/on with the loan would cxcc~ permitted limits. If this is the case, then: (A) any such loan char~ shall be r~luced by the amount nex. esm.,-y to reduce thc charge to the permitted limiT; ~nd (.~) any roms already collected bom Borrower which cxccc, xi~l pcrmitt~ limits will be refunded to Botrower. Lender may choose to make this r~nd by r~iuciag the principal owed under thc Note or by malting a direct payment to B orrow~r, C. PPAOR LIENS If Lander dete. rmincs that all or any part cd the surds secured by this Security Instrument arc subject to a lien which has priority over th~ S~curity Instrument, Lender may send Borrower a notice identify[ag that lien. Borrowar shall promptly act with regard to that lien as provided in paragraph 4 of the Security Iastmrnant or shall promptly ~c~re an agreement in a form satisfactory to L~nder subordinating that lien to this Security In-.trumcnt. D. TRANSFER OF THE PROPERTY If there is a transfer of thc Property subject to paragraph 17 of the Security Instmmcnt, Lauder may require (1) an increase ia the cun~nt Note interest rate, or (2) an increase in (or removal oI) the limit on the amount of any one intcr~st rate change (if them ia a limit), or (3) a change ia the Base Index figure, or all of these, aa a co~dition ot' Leuder's waiving the option to accelerate provided ia paragraph 17, BY SIGNING BELOW, Borrower accepts and agrcc, s to ~ terms and covenants contained ia pages 1 through 3~f ~ia Adjustable Rate Loan Rider. Ma~ ~. D~vis -so,o,.~, ~-~e'~-~.L.pav-a.$- -s,,,~,~,~ (Seal) (Seal) -Borrower -B onower (Seal) ($~.1) -Borro~ver -Borrower [Sign Original On/y] GREAT~N0 · ITEM 73471.3 ~7~ } (Page $ of 3 pagez) To O~cr r,.: l-aO~-sa~o~rax a~e-Iet-~ 1-n~ EXHIBIT "B" U,i,'tSd,,'/'ULJ,J .LO:O~ J?AA. /DJ. OD-'& ~" Oc .~1 WHE~ RECORDED MAIL TO Farmers and Merchants Trust Company 20 South Main Street Chambersburg, PA 17201. Loan Number : 97035004 TI, liS IS A TRUE' A,'id) ATTESTED COPY OF THE ORiGiNAL EXECUTED [SPAC'~ ABOV]~ THIS [.lI~ FOR RECORDING DATA} MORTGAGE ~ MORTGAGE C Security Instrument') is ~ven on November The mongagor ~ Mark A. Davis and Janet G. Davis 14, 1997 ('Borrower').Tk~ Se~HtyI~t~menl~ ~veato Farmers,and Merchants Trust Companyof Chambersburg , whi~iso~anizedande~stinguoderthelawsof Pennsylvania ,andwhosuad~¢s$iG 20 South Main Street, Chambersburg, PA 17201 ('Lender'). Borrower owes Lender the principal sum of Sixty-Three Thousand Three Hundred Fifty Dollars And 00/100 Dollars (U.S.$ 63,350.00 ). This debt i~ esidenced by Borrower's note dated the same'dat~ a~ [his Secur{~y Instrument ("Note'), ~h~eh provides for monthly psymcnts, with the full debl, if Dot paid e~rlier, due and payable on December 1, 2027'. This Security InstrumenL secures to Lender: (a) the repayment of the ~debt.: evidenced by the Note, wich interest, and all renewals, extensions and modifica6ons of the Note; (b) the payment of all''~ other sum~, with interesl, advanced under paragraph 7 to protect the se~rity of Ibis Securky Instrument; amd .(0 the performance of Borrower's covenants and agreement~ under this Security In~crument and the Note. For thi~ purpose, Borrower does hereby montage, grant and convey to Lender the following de~ribed proper~y located in South Newton Township, Cumberland County, Punnsylvania: See attached Exhibit A. which has the.address of 3.07 P enn,~'ylvania 17257 [Zip Code] Hammond Road [SLroCLI ("Proper~y Address'); PENNSYLVANIA -Single Pam~- Fannie Mae/Freddie Mac UNIFOP. I'd iNSTRUMENT I~M ]950 Shippensburg C~'] Norm 31139 9/c)0 (pegs 1 of 6 p~gee) T~)GETHER WITH all the improvements now or hereafter erected on the property, and all easements, apl~urtenaaccs, and f~xtures now or hereaiter a part of the ~roperty. AU replacements and additions shall also bc covered by this Security Iastruraent. All of the foregoing ia referred to in this Security Instrument as the 'Property.' BORROWER COVI!NANTS that borrower is lawfuUy seised of the estate hereby conveyed and has the right to grant and convey the Property and that thc 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. TI-IlS SECURITY INSTRUMENT combines uniform covenants for national use and aon-u~iform covenants with limited variation= by jurisdiction to cons6tute a u,uiform security instrument covering real property. UlqIFORM COVENANTS. Borrower and Lender covenant and agree a~ follows: 1. l~a,/ment of Princip~ and Interest; Prepayment and Late (barges. Borrower shall promptly pay when due the principal of and ~terest on the debt evidenced by the Note and any prepayment and late charges due under the Note. :2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid La full, a sum ('Funds') for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a llen oa the Property; (b) y~arly leasehold payments or ground rents on the Property, if an~ (c) yearly hazard or property insurance premiums; (d) yearly flood in-~nrance premiums, if an)q, (e) yearly mortgal~e insurance premium.~, it' an~ and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, The.~e items are called 'Escrow Items.' L~nder may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estat~ Settlement Procedures Act of 1974 as amended from time to time, 12 U.$.C. § 2601 et seq. ('RESPA'), unless another law that applies to th~ Funds sets a lo~ser amount. If ~o, Lender may, at any time, collect and hold Funds in an amount not to ex. teed th~ lesser amount. Lender may estimate the amount of Funds due on the bads of current data and reasonable estimates of expenditures of future Escrow Item= or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposit~ are insured by a federal agency, instrumentality, or entity (including Lender, if Lender ii such all/nstitution) or in any Federal Hame Loan Bank, Lender shall apply the l:unds to pay the e~row items. I~nder may not charge Borrower for holding and applying the l~unds~ annually analyzing the escrow account, or verif'fing the Escrow Items, unlera Lender pays Borrower interest oa the Funds and applicable last permits Lender to make such a charge. However, Lender may requixe Borrower to pay a one4im¢ ¢harg~ for an independent real estate tax reporting sereic~ used by Lender in connection ~ith this loan, unless applicabl~ law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid~ Lender shall l~ot be: requh-ed to pay Borrower any interest or earnings on th~ Funds. Borrower and Lender may agree in wrking~ however, that interest shall be paid on the Funds. Lender shall give to Borrower, w/thout charge, annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Fund~ made. The Funds are pled/ed as additional security for all ~um.I secured by this Security Instrument. If the l~unds held by Lender exceed the amounts permitted to be held by applicable law~ Lender ~h~ll account to Borro~ver for the excess Funds in accordance with the requirements of applicable law. If thc amount of the Funds held by Lender at any time is not sufficient to pay the Escrow It=ms when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more ~an twelve monthly payments, at Lender's sole discretinn. Upon payment in full ef all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Le~der shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of aequidtion or sale as a credit against the sums secured by this Security Instrument. 3, Applkatlon of l~ayments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts pa~ble under paragraph 21 third, to interest due; fourth, to principal due; and last, to any late charlics due ~lnder the note. 4, Charges; L/ess. Borrower shall pay all ~axes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower sMII pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If -" Borrower makes the~e payments directly, Borrower shall promptly furnish to Lender receipth evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agree: in writinl~ to the payment of the obl/gatlon secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien bL or defeud~ against enforcement of the lien in, legal proceedings which in the Lender's opinion operate ~o prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the Ilea to this Security Instrument. If Lcuder determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, L~nder may give Borrower a notice identifying the Ilea. Borrower shall satisfy the lien or take one or morn of the actions set forth above within 10 days of the giant of notice. 5. Hazard or Propert~ Iasu~r~'e. Borrower shall keep the improvementx now existing or hereafter erected on the Property insured againlt lass by ire, hazards included within the term 'extended coverage' and any other hazards, inciudlng flood~ or flooding, for which Lender requires insurance. This ineurance shall be maintained in the amounts and /'or the periods that Lender l%rm 3039 9/90 (page 2 of 6 pages) rcqui~es. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lend~'s approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain c~rerage to protect Lender's tights in the Property in accordance with paragraph 7. All insurance polleie~ and renewal~ shall be acceptable to Lender and shell include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the c~nt or loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender ma), make proof of loss it' not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceecLs shall be applied to restoration ut repair ol the Property damaged, if the reatota~ion or repair is economically feasible and Lender's security Ls not learned. If the mstoratlon or repair is not economically feasible or Lender's ~curit)' would be lessened, the insurance proceeds shall bc applied to the sums .~ccurcd by this Security Instrument, wh~:ther or not then due, with any excess paid to Borrower. If' Borrower abandons the Property, or doe:~ not answer within 30 days a noti,~ from Lender that the insurance carrier has offered to entre a claim, then L~nder collect the insurance proceeds. Lender may use the proceeds to repair or feature th~ Property ut to paI suma natured by this Security InsttumenL whether or not then due. The 30<by period will begin when the notice is given. Unlesc Lender and Borrower otherwise agree in writing, any application of proceeck ~o principal shall not ex,nd or poetpon¢ the due date of the monthly paTments refem~ to in paragraphs 1 and 2 or change the amount of the payments. If' under paragraph 21 thc Property' .ia acqmrcd by l~ndcr, Borroweta right to any msur~nce poh¢,es and proceeds resulting from damage to' the Property prior to thc acquisition shall page to Lender to the extent of the sums secured by this Securi:7 Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Lo~n Application; I.~holds. Borrower shall occupy, establish, and use the Property a~ Borrower's principal rcsidoncc within alx~y days after the execution of this SecuriLT Instrument and shall continue to occupy the Property as Borrower's principal rcsldence for at leas: om: year after the date occupancy, unlace Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless eitenuafing circumctancec exist which are beyond l~ottowet's control. Borrower shall not de_struT, darr~ge or impair the Property, allow the Property to deteriorate, or commit waste on the Propett. y, Borrower shall be in default il' any forfeiture action or proceeding, whether civi! or crlminal, is begun that in L~:nder's good faith judgment could wsult in forfeiture of the Property or otherwise materially impair the lien created by this ,Secutlty Instrument or Lende-t's security interest. Borrower may cure such a deb. uR and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Le. nder's good faith dctetminatlon, ptec[ude.~ forfeiture o1' the Borrower's int~te-~t in the Property ut other material impairment oLr the lien created by thLc Securi~ Instrument' or Lender'c ~eeurlty interest_ Rortower cheil al~ be in dei~au[t if Borrower, doting the loan appli?tion process, gave ma£erially ~alse or inaccurate information or sratement.g to Lender (or failed to provide Lender with any material iai'urination) in conneaion with the loan evidenced by the Note, including, but not limited to, tepre.r, entations concerning occupanc~ o[ thc Property as a principal residence. If this SecurR)' Instrument is on a leasehold, 13orrower shall comply with all thd' provisions of the lea~e. If Borrower acquire~ fee title to the Property, the leasehold and the fee title shall not merge unicos Lender agrees to thc merger in writing. 7, ProCeetion o1' Lender's RighLs in the Property. It' Borrower L~ils to perform the covenanLs and agreement.c contained in this Security Instrument, or there is a legal proceeding that may ,igniflc~ntly affec~ Lender's tigh~ in thc Property (such is a p/occcding in bankruptcy, probate, for condemnation or forfeiture ne to enforce l-~wc, or regulations), then L~nder may do and pa7 fo~hatever i.~ accesser7 to protect thc value of thc Prol~rty and l.cndcr's fights in thc Property. Lender'c actions may include paying 'iiny sums ~ccured by ;x lien which has priorit~ o'~er thi~ Security Ir~trument, appearing in court, paying reasonable atborneyg' fees and' ~n thc Propor£~r to make repairs. Although Lender may take action under this p~ragraph 7, Lender doe: not have to do Any amounts disbursed by Lender under this paragraph 7 sh~li become additional debt of Borrower ~ecurcci by ~his Security InStrumenL Unless Borrower and Lender agree to other terms of payment, these amounLc shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notlc~ from Lender to Borrower requesting payment. 8. Mcr/gage Insurance. If Lender required mortgage insurance as a condition of making the loan g:eured I~), this'Security ln,'.~'ument, Borrower shall pa), the premiums required to rrmint~in the mortg.~ge insurance in eft'ecL If, for an)' reason, thc mortgage in.v,/rance coverage required by Lender lapses or ceases to be in effect, Bor~owcr shall pay the premitim~ required to obtain coverage cuhctantlally equivalent to the mortgage ip-curanee previously in effect, at a cost substantially equiValent to thc cost to Borrower of the mortgage imurancc prcvioudy in effect, from an alternate mortgage insurer approved by Lender: If substantially equivalent mortgage insurance coverage is not available, Borrower :hall pa)' to Lender each month a sum equal to one-twelfth t~,,. yearly mortgage insuranc~ premium being paid b)'.'Borrowcr when thc ir~qurance coverage lapsed or cea.etd: to be 'in effect. Lender wi[I accepL use and retain ther~ pa)'menL~ es · Ior~ rccarve in lleu of mortgage insurance. Lo~ reserve p~Ymcnu may no It~ng¢r be required, at the op6on of l-ender, if mortgage in~ur~nee e~verage (in ~he amount and for the period that ' Lender requires) provided by a:n insurer appt.oved by l.,ender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a [c~-~ reserve, until the requirement for mortgage insurance cnch in accordanc~ with any written agreement between Borrower and Lender or applicable I~w. 9. Inspection. Lender or ils agent may make reasonable entries upon and inspections of the Property. Lender 'shall give Borrower no,ice at the time of or prior to an inspection speeifylng re. aaonable c,~use for the inspection. 10. CoademaaOoa. Thc progv..r_.ds of an)' aw'~rd of'claim {'or dam;~ges, direct or con.~;:qucntial, in connectiof~' with Single Famil). - Fannie Mae/Frccidlc Mae UNIFORM INSTRUMENT -- Uniform Covenantc ~/90 (pa'ge 3 of 6 page:) condemrmtion or other ~.klng of any part of the Propert'y, or for conveyance in lleu of condemnation, are hereby assigned a'nd shall be paid to Lender. ~ the e~v. nt of a total taking of thc Property, the proceeds shall be applied to the sums secured by this Security instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taldng of the Property in which ~hc fair market ·'aluc o/' the P~opcrty immediately be/ore the takins h cclual to or greater than the amount o~' the suma secuzed by this $¢curlty Instrument immediately before the taking, unless Borrower and Lender otherwise ae-'rec in writing, thc sums secured by this Security Instrumcnt shall bc reduced by the ~moun£ o~' thc proc~ecis multiplied by the following hactlon: (a) the total amount ol the surr~ secured immediately be/'orc thc tskini, divided by (b) the /'air market value of the Pwpcrty imrncdiately before the taking. Any balance shall be paid to Borrowcr. In thc cvent of a partial ta~ng or the Property in Which Ow Eair market value of the Pro/~ert~ immediately before the taking is less than the amount of the sums secured immediately before tile taking, unle~, Borrower and Lender otherwise agree in wtitin§ or unless applicable law otherwise provides, thc proceeds shall be applied to the sums secured by thi~ Security Instrument whether or not thc surm are then due. Ilr the Property is abandoned b)' Borrower, or i/', at'ret nor. ice by Lender to Borrower that the condemnor o[[er~ to make an award or ~etrle a cLtim for damages, Borrower ~ails to respond to Lcndcr within 20 days after the date the notice/s given, Lender is authorized to collect and apply tho proceeds, at its option, either to restor, tt/on or rtpair o/' thc Property or to the sums ~ecured by this Security Instrument, whether or not then due. Unless Lt:ndcr and Borrower otherwise a~ee in wrilJnl, any application ot~ proceeds to principal shall not extend or postpone thc duc date of the monthly paymenr~ referred to in p-~rao--r~ph~ 1 and 2 or change the amount of such payment. 11. Borrower Not Released; Forbear~'.,-e by Lende~ Not a Waiver. Exwns/on of the time for payment or m°dilleation o£ amortization of the sun~ secured by this Security Instrument granted by Lender to any succes,~or in interest o~' Borrower shall operate to relca,~ the |iab~lity oF the oti~nal Borrower or Borrower's successom in inter~t, l,-nder ~hall not be required to c~mmenee proceedingz again~;t any aucces,~or in intc:~c~t or refuse to extend time for payment et otherwi.~ modify amortization the sums secured by th~ Security Instrument by tea.~n o1' any demand made by the orlglnal Borrower or Borrowe~-'s suecc~ors in inte£esL Any forbearance by Lender in exewL~ng any righl, or remedy shall not be a waiver of or preclude the exercise of an), right or remedy. 12, Succesaor~ and A,.~algas Bound; Joint and Several LLab/lky; Co~:g~aers. Thc covcnant~ and a~reement~ of this Security Instrument shall bind and benefit the ~ucee~otz and a~igns of Lender and Borrower, subject to the pro~isions o/' paragraph 1'7. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-s. lgns thi~ Secutlty L'utrument but docs no: execute the Note: (a) is ce-sigrfing thb -~ecuriLT Instrument only to mo~'tgaEo, grant and convey that Borrower's interest in thc Property under the terms of ~is Security Inat:umcnt; (b) iz not personally obligated to p~i~ the sum.~ a:cured by this Security InsLrumcnt; and (e) a/~ees that Lender and any oth~t Borrower may agree to extend, modi~, forbear or make any aec~mmcxiations with w~azd to th~ t~rms et' this $¢cur/ty Ir~Lrumcnt or thc Note without that Borrower's consent. 13. l.~n Ckae~es. Il' the loan ~ecuted by this Security Instrument is subject to a law which se~ max/mum loan char~es, a~d that law is finally interpremd zo that the interest et other loan charges collected or to be collected in connectloa with the loan cxcccd the permitted limits, then: (a) any such loan charge ~,hall be reduced by the amount nccc~aBr to reduce the charge ~o the permitted limit; and (b) any sun~ already collected from Borrower which exceeded pcrmi~.tcd limi~ will Ix: refunded to Borrower. Lender ma), choc~ to make thh n;t'u~d by zeducin~ the p~inc/pal owed under ~he Note or by ruskin§ a direct payment to Borrower. If a refund rcduoe~ print/pal, the reduction w/Il be treated a~ a partial prepayment withou~ any prepayment charge under the Note. 14. Not/ce~ Any not/ce to Born~wcr Frcrv/ded for in this Security I~ttument shall be given by deliverlng it or by maillnt it. by first cla.~ mail un/e~ applicable law re,tulles u~e o~' another method. Thc notice shall be directed to the Property Address or any other addre~ Borrower designate~ by not/ce to Lender. Any notice to Letlder shall be g/yen by /]rat ¢la~a mail to Lender's addre~ stated, herein or any other address Lender desi&nate~ by notJec to Borrower. Any no:ice provided for in th~ Security Itutrumcn~ shall be deemed to have been give41 to Borrower or Lender when given as provided in this paragraph. IS. C~n~q-ahlg Law; Se~eralfil~ty. Thb ,Security Instrument shall be governed by ~'ede~al law and the law el' the juri~iction in which tho Property L~ located. In thc ~cnt that any prey/sion or clause of this Secu~ Instrument or the Note con~icL~ with applicable law, ~ch conflict shall not affect other ptovlslor~ o~' thh Security Instrument or the Note which can be given without the c~nlllct/ng prey/don. To this ,-nd I~: pwv/sio~ of thh Security Instrument and the Note ate declared to bc severable. l(a. Borrower's Copy, Borrower shall be gi,~on one conformed copy of the Note and of th/s Security In.~trument. 17. Tram:ret of the Ftope~ et ~ Beneficial Interest ~n Borrower. If all or any part of the Property or any inter,st in iL is sold or transferred (or if a bcn¢/idal intc~t in Borrower L~ .~old et transferred and ~rrower is not a natural person) without Lcnder'~ pr]or wa-/tten o:m~ent, Lender may, at itt option, requited imra¢cl/ate payment in fu/l o/' all stuns secured by this Sccurit~ Instrument. However, th~a opt/on shall not bc c'x¢~'iscd by Lender if exercise i~ prohibited by federal law as of the date oF thla Secutlty In~ t rument'. Il' I.~ndcr r. xcre/sea ~ opt/on, Lendez r, ball gi~ Borrower notice of acceleration. The notice ~hal[. pi .x~. '~de a period et' not ~'~an 30 days from thc date: Lhe notlcc is delivered or mailed within which Borrou~et must pay all sums secured by this Security In~twment. I/' Borwwer ~ils to pay three auras prior to the expiration of this period, Lender may invoke any remedies permitted by ~ Secut/ty In.~trument without fur:her notice et demand oa Borrower. l~ Bon'1;~,eF$ Right 1:o Reins/ate. Ilr Borrower mee~e eertaln o0ndifion~, Borrower shall have the right to have enl'orcemcnt this Secuzity Instrument dL~;ontinucd at an,¥ tlmc prior to the earlier of:(.a) $ days (or such other period as applicable law may Single Family - Faaa;e Mae~tedd~e Mae UNIFORM INSTRUMENT - L/nil'oma Coverlants ~,/~) (page 4 o[' 6 pages) speci~ for reinstatement) before ~le of the Property pursuant to any power ot~ sale contained in this Security Instrument; or ent~ Of ~ judgment ~forcin~ t~s Sccu~ty [nstrumeot. Th~c ~n~tions arc tha~ Bo~er: (a) pa~ Lender aH ~ms w~ch ~cn ~'ould be duc under t~s ~ecuflty hstru'ment and thc N~e as if no acceleration had ~cu~ed; (b) cures any de~utt of any other covenant~ or agrecment~ (c) pa~ a~ expenses ~currcd in cnfo~ini t~ Security Instrument, including, but not ~ted to, reasonable attorneys' fees; and (d) tikes such scion as Lender may re~onably require ~o ~ure tht the hen of ~ SecuHty Instrument, Lender's rights in the Propa~y and Bo~er's ob~ga~on to pay ths sums secured by t~ Secud~ ~t~ment continue unchanged. Upon r~nstatement by Bo~er, tMs Security ~st~meut and ~e obligations secured hereby sha~ rem~ ~ily effective ~ if no a~eleration had ~uwed. H~ever, this fight to reinstate shah not apply in the ~e of accele~flon under paragraph 17. l~. S~e o[ Note; ~e ~ ~ Sever. The Note or a ~n~l i~tere~ in ~he Hots (together ~th tM~ Secu~ty Instrument) m~y be sold one or more times ~thout prior notice to Bo~er. A ~le may result in a chang6 in the entity (~ as the Ser~cer') that collects m~thly payments due under the Note and tMs ~ecud~y Instrument. There amd may be one or more changes of the ~an Soccer unrelated to a ~]e of the Note. If there is s change of the ~an Se~cer, Borrower ~B be ~ven written notice of the ~ange in a~ordan~ ~th para,apb 14 above and appf~ble ~w. The notice ~ s~te the name and address of the new ~u Se~cer and the address to wMch payments should be made. The notice ~ also contain any other information required by app~ble ~w. 20. ~o~ S~. Borrower sha~ not ~usc or permit ~he pre~nce, use, ~spo~l, ~o~te, or releale of H~mrdo~ Sub~anc~ on or in the Property. Bo~ower s~ll not do, nor a~ on,ne e~e to do, iuB~ng affecting the Prope~y that is in ~olation of ~y Bn~ronmen~al hw. The prece~ng ~o sentences shah not apply to the prelence, use, ~ stooge thc Prope~y of sma~ q~n~tiee of Ha~rdous Substances that are genera~y recoiled to be appropriate ~o normal reid~tial t~es ~nd to maintenance of the Prope~y. Borrower sMll promptly give Lender ~cten notice of any i~vestigation, ~i~ de,nd. Mwsuit or other action by any governmental or rcgu~t~ agency or pfivat~ p~y in~oi~ng, the Property and ~y Ha~rdo~ Substance or Bn~ronmenml ~w of which Borrower h~ actual ~owledge. If Borrower l~rns, or is notified by any governmental or regulato~ authority, that any remo~l or other remediation of any H~rdous Sub~ance affectiug~the Prope~y is neccs~u, Borrower shah promptly take ncccs~ removal actions in accordance ~th En~ronmeatal hw. A~ used in tMs pa~g~ph 20, 'Hamrdous Sub,antes' are those substances defined ~ togc ~ h~rdous ~ubs~ces by En~ronmental ~w and the fo~o~ng substances: gaso~e, kerosene, other flammable or to~c petr~eum products, to~c pestiddes and herbicides, volatile solvents, ma~er~k cont~2ni s~b~tos or formaldeh~e, and radioactive mateda2. As u~ed th;~ p~rair~ph 20, "~n~onmentsl ~w* means federal ~ws and laws of thc j~diction where the Prope~y ii [~ted that re~te to health, ~fety or en~ronmen~l pr~ection. NON-UHIFORM COVBNANTS. Bo~er and Lender further covenant and ~iree ~ fo~o~s: 21. A~cicragon; RemedY. ~nder ~ ~ve notke to Bo~ow~ prior to ~eleragoa foHo~ Bo~owe~s bre~ of coronet or ~etm~t ~ ~ S~ l~eut (but not pdof to ~ele~fioa ~d~ p~ 1T ~ app~le pro~d~ o~e~e). ~ ~o~e s~ s~ (a) ~e d~a~ (b) ~e ~on requ~ to ~e ~e defa~q (c) a ~te, n~ le~ 30 da~ ~om ~e ~te ~e no~e is ~n m B~ower, by ~ ~e de~ ~ be ~ed; ~d (d) ~t f~e to ~ ~e dcfs~t on o~ before ~e ~ sp~ed ~ ~e ~e ~y r~t ~ ~ele~on of ~e s~ s~ed by ~ S~ forcd~ure by ~ld~ p~ee~ ~d ~e of ~e ~op~. ~e no~e s~!! [u~er ~o~ Bo~ower or ~e ~t~to ~te 'Mt~ u~clera6on ~d ~e ~t to ~e~ ~ ~e f~o~e pr~eeal~ ~e nou-~ti~e of a def~ or ~ o~er d~e~e o[ Bo~er to :*~ele~on ~d forage. ~ ~e defs~t ~ not cured on or ~fore ~c ~te sp~ed ~ ~e no~e, ~nder st ~ 5Pflo~ req~,ke ~e~ate p~e~ ~ f~ of ~ ~ ~ed ~ ~ S~ ~ent ~out ~ demand ~d ~y forage Sec~iW I~ent by ~d~ precede. ~nd~ s~H be ent[ged to coll~ ~ ~e~es ~d ~ pro,dod ~ ~ p~ph 11, ~u~ buI n~ ~ted to, s~e~' fees ~d c~ o~ fire e~c~e ~ ~e ~ent peri,cd by appl~ble law.. 22. Rele~e. Upon payment of a~ s~ms secured by cms Security ~strument, t~ Security Inst~ment and the estate conveyed shall ~ermlnate and become void. A~er such ~curreflce, Lender shall di~harge and ~tk~ tM$ Sec~ty Instrument ~thbut chrie to Borr~cr. Borr~cr sha~ pay any rc~rdatien cost~ . ,. ..... . '..' 2~. Waiver. Bo~er, to the extent per, trod by app~blc law, w~ve~ and releases any e~or og de;f~cts in precedings to enforce thi~ Security I~trument, and hereby ~ives the benefit of any present or ~ture ~ws pro~di.n~ ~or slay ~ execution, exien~on of time, .exemption ~om attachment, .le~ and-~le, and homestead exemption. ;'r-.. - · ~. Re--tempt Pen~. Bo~rs tame to retn~ate pro~ded m paragraph 18 gha~ emend' ~o one, hour prior to the cmnmencemenc qf btddmg.~t a shen~'s ~le',purs~nc co t~s Security Ins~rumen~ .~ .~ ::~ .. · ~he'd~bt ~e~ured by t~ 5county Instrument ~ len~ t~rrower to acq~re ~fle to ~he Property, t~s'Secudty'Instrument s~ll. be a ~rchase'*mouey mortgage. ~' ' ' '-" ~.- ~.... ; .. 26. ~ter~t Rate A~er 2u~ent. Dorr~cr agrees that thc interest rate pa~blc a~er a judgmcni'.iS~nccred o~ thc Nocc dr in ~n at,on of montage foreclosure sha~ be thc rate payable ~om time to ~me ~d~r the Note. '"', ............ Form ~0~9 9/90 (page $ of' 6 pages) 27. Kiders ~o this Security Jnstrumeut. If one or more riders are executed by Borrower aud recorded together with thi~ Security Instrument, the covenants and a~ccments of each such rider shall he incorporated into and shall amen~I and supplement the covenauts and a§reement~ of thi-~ Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] [---'1 Condor, l-lure Rider ['---] 1-4 Family Rider [--] Graduated Payment Rider ["-] Planned Unit Development Rider [~ Biweekly Payment Rider · [-~ Balloon Rider ~ Pate Improvement Pdder . [~ Second Home Rider [---} Other(s) [~pecify] BY SIGNING BELOW, Borrower accepts and a~rees to the terms contained in pages 1 through 4 of this Security lratrumcnt and in any rider(e) caccutcd by Bo~ower and recorded with Wknc~cs: ' ~ Mark' A. Davis (Se~l) (Seal) (Scal) (Se~l) COMMONWRALTH OF PENNSYLVANIA, On rms, ~ 14th day of Janet G. Davis to be the pet~m whose name that · e under~gned oll~cer, personally appeared Mark A. Davis a~ known to me (or satisfactorily proven) subscribed to thc within instrument and acknowledged executed the same for the purpos~ th¢iein c~ntained. iN WITNESS WHEREOF, I hereunto set my hand and orIicial seal. My Commission expire~ CERTI~CAT~ OF RE~DENCE I, Timothy L. Mye: do hereby certify that thc' core,ct add~v..~ of the within- named lender is 20 South Main Street, Chambersburg, PA 17201 Wimem my hand ~ 14th day or November , 1997 'l'i~lo o[OlIlcer Timothy L. Ag~tof~nder Myers Form 3039 9;90 (page 6 of 6 pages) EXHIBIT "A" LEGAL DE$CRIPTIO2N ALL the following described real estate with improvements erected thereon, known as 107 Hammond Road, Shippensburg, lying and being situate in South Newton Township, Cumberland County, Pennsylvania, more particularly botmded and described as follows: BEGINNING at a railroad spike set in the approximate center of Township Route #330 at comer of other lands of Harry F. Davis and Carol K. Davis herein designated a Lot N°. 5 on a Subdivision Plan prepared by Carl D. Bert, ITS., dated January 4, 1978, and recorded in Cumberland County Plan Book 34, at Page 22; three by said Lot No. 5, North forty-five (45) degrees three (03) minutes fifty- one (5I) seconds East four hundred filly-one and fifty-two hundredths (451.52) feet to aset iron pin; thence by said Lot No. 5, South forty-five (45) degrees eleven (I 1) minutes fifty-five (55) seconds East, three hundred twenty-five and seven hundredths (325.07) feet to a set iron pin; thence by other lands now or formerly ofHan'y F. Davis and Carol K. Davis known as Lot No. 3-B and Lot No.3-A on a Subdivision Plan prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberl,-md County Plan Book ~'7, at Page/t~O, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, four hundred fifry-~ight and twenty-two hundredths (458.22) Feet lo a set raih'oad spike located in the approximate center of Tova~ship Route #330; thence along the cent/er of said Township Route #330, North forty-four (44) degrees one (01) minute Iwc,~[y-xcvcn (27) .~cc,,,tts We.% Ihrcc lumth'cd twcrfl.y-scvcn and I.wcnty-onc hm~clrcdl, hs (327.21) feet to an existing railroad spike set in the center of said roadway, the place of beginning. CONTAINING a total lot area of 3.04053 acres and being known as Lot Nos. 2 and 2A on Subdivision Plan prepared by.l'ohn R. Kissinger Surveying, dated November ] 3, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. ' BEING the same which Harry F. Davis and Carol K. Davis, husband and wife,'by their deed dated June 17, I993, and recorded in tl~e Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, Deed Book "K"36, at Page 506, granted and conveyed to I-larry F. Davis and Carol K. Davis, husband and wife, grantors herein. SUBJECT TO dedicated fight-of-way, utility iasements, and building setback lines as per the above- described Subdivision Plan. EXHIBIT "C" t~3,' 26,' 2003 11:50 FAX 281 3621 -~ SCOTT DIETTERICK Date: May 15, 2002 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in defauk, and the lender intends to lbreclose. Specific information about the natm'e of the defauk is provided in the attached Daaes. The HOMI}. OWNER'S MORTGAGE ASSISTANCE PROGRAM {HEMAP) maybe abte to ~elp to say. e your home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF Tiff, DATE OF TI-lIS NOTiCE. Take this Notice with you xvhen you meet w/th the Counselin~ Agenc'r~... The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. lfvo,t have any questions, you may call the Penn~qvlvania Housing Finance Agency toll tree at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a laas3~er- LA NOTIFICACION EN AD JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE £STA NOTIFICACION OBTENGA UNA TR2~UCCION INMEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL N'UMERO MENCIONADO AR.R/BA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MOKTAGE ASSISTANCE PROGILAM' EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DER.ECl-lO A RED1MIR SU HIPOTECA. SCOTT DIETTERICK HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Mark A. Davis Janet G. Davis 107 l-Iamrnond Road Shippensburg, PA 17257 0240012428 Farmers and Merchants Trust Company Farmers and Merchants Trust Company HOMEOWNER'S EM_ERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE %VfllCH CAN SAVE YOUR HOME FROM FORECLOSLrRE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU CAN COMPLY WITH THE PROVISION 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 M'EET OTHER ELIGIBILITY REQUIREMENTS ESTABLISI-IED BY THE PENNSYLVANIA ItOUSING FINANCE AGENCY. TEMI'ORARY STAY OF FORECLOSURE--Under the Act, yon are entitled to a temporary stay of foreclosure on ymtr mortgage for thirty (30) days from the date &this Notice. During that time you must arrange and attend a "face-to-face' meeting with one of the container credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. lf YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF IHIS NOTICE CALLED'HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS I-IOW TO BR/NG YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the consumer credit counseling agencies li~ed at the end of this notice, the lcmder may .NOT take action against you for thirty (30) days after thc date of this meeting. The nam.cs, addresses, and telephone ]~m~bers of designated consumer credit cotmselin.~ agencies for the county in which the pr. open%., is localed are set forth at the end of this Notice. [t is only necessary to schedule one face-to-face meeting. Adxfsc your lender immcdiateh, of your intentions. uo,'~'o,'auuo i,:ol ~-.{x :'~l O~Zl__ 1-' a .~! ~ SCOTT DIETTERICK APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for tile reasons set forth later in this Notice (see foltowh~g pages for specific infonuation about the nature of your default.) If you have lIied and are unable to resolve this problem with the lender, you have the right to apply for financial asaistm~ce from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a compteted Homeowner's Emergency A~istance Pro~an~ application with one of the designated consumer credit counseling agencies listed at the end of this 'Notice. Only comumer credit counselh~g agencies have applications for the program ,'~nd fl~ey will a~sist you in s,lbmitting a complete application to the Pennsylvania Houshig Finance Agency. Your application MU ST be filed or ponmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TI-I~ OTHER TIME PERIODS SET FORTH IN TI-TIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION }'OR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTiON--Available I'tmd$ for emergency Inortgagc assistance are very limited. They will bc disbursed by the Agency under the eligibility criteria established by the Act. Thc Pemzsylvania Housing Finance Agency has sixty (60) days to make a &cifion after it receives your application. During that time, no Foreclosure proceedings will be pttrsued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania [-Iousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRLrPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION P~RPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO CO .L, LECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance FIOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-- The MORTGAGE debt held by fl~c above lender on yottr property located at: 107 Hammond Road: Shippensburg~ PA 17257 IS SERIOUSLY IN' DEFAULT becau.~e you have failed to psy promptly installment~ of principal and into-rest, as required, for a period of ~t least sLxty (60) days. A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the months of March through May 2002. The :following amounts a~e now past due: Principal $ 208.37 Interest $ 1,056.04 Other Charges: Legal Fees S 50.00 Late Charges $ 42.14 TOTAL .4aMOUNT PAST DUE: $ 1,356.55 03/26/2003 11:51 FAX 261 3821 F & ~ ~ SCOTT DIETTERICK ~005 HOW TO CURE THE DEFAULT--you may cure fl~e default wiflfin '£I-IIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS $1,356,55 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (.30) DAY PERIOD. .Pa'oxtents must be made either by cash. cashier's check, certified check or mol~ev order made payable and sent to: FARMERS AND MERCFI~\NTS TRU ST COMPANY P.O. BOX 6010 150 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default withh~ THIRTY (30) DAYS or'the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay d~e mortgage in monthly installments. If full payment of the total mount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~affed r~ro?erty. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property wiJ1 be sold by the Sheriffto pay offthe mortgage debt. If the lender refers this case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorneys' fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all re~onable attorneys' fees actually incurred by the le~)der even if they exceed $50.00. Any attorneys' fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY.(30'} DAY period, you will not be required to pay attorneys' fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by vayjgg the total amount then past due, plus ~¥ la..te or other .charges then due, reasonable attorneys' fees and costs connected w/th the foreclosure sale and any other costs connected with the Sheriffs' Sale a.q specified in xw. iting b.v the lender and by performing any other requir~nents trader thc mortgage. Curing your default in the manner sct forth in this notice will restore your mortgage to the same position as il' you had never defaulted. 11:51 FAX 281 3821 F & .~! -, SCOTT DIETTERICK [~008 EARLIEST POSSIBLE SHERIFF'S SALE DATE-- It is estimated that the earliest date that such a Sheriffs' Sale of the mortgaged property could be held would be approximately slx months from the date of this Notice. A notice of the actu,-'d dare of the Sheriffs' Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. I-IOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Farmers and Merchants Trust Company 150 Lincoln Way East, P.O. Box 6010 Chambersburg, PA 17201 717-261-3641 717-261-3646 Lode M. Heckman EFFECTS OF SHERIFF'S SALE--You should realize that a Sheriffs' Sale ,,vill end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property ~:ter the Sheriffs' Sale, a lawsuit to remove you =d your fumisMngs aod other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may not sell or transfer yo~tr home to a buycr or transferee who will assume the mortgage debt. YOU MAY HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE TI-LAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TI-IE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU M. AY HAVE TO SUCH ACTION BY THE LENDER. · TO SEEK PROTECTION UNDER THE FEDERAL. BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY FINANCIAL SERVICES UNLIMITED 550 Cleveland Avenue Chambersburg, PA 17201 717-261-1708 Franklin, Fulton, Cumberland, Adams, Perry Comxties CONSUMER CREDIT COUNSELING SERVICES OF WESTERN PA, INC. A). 2000 Linglestown Road Harrisburg, Pa 17102 717-541-1757 Adams, Cumberland, Dauphin, Perry' mtd York Counties B). 912 South George Street York, PA 17403 717-846-4176 York, Adams Franklin and Lancaster Counties YWCA OF CARLISLE 301 G. Street Carlisle, PA 17013 717-243-3818 Fax # 717-243-3948 Cumberland, Franklin and Perry Counties '.~ ;il 7106 4575 1292 3059 981~ --- ~ ~ * I 0h~6 6~0E 262~ ~25h 90~L VERIFICATION I, Lorie Heckman, Credit Recovery Officer, on behalf of Farmers and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to tmswom falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. ~I~orie {-Ieckman, ~redit l~cov~ry Officer CA v. _ WS ~ sheri[[ or Deputy to sworn according DSFE~D~T ~, ~ / h~s~is9 to S~~MOKT~ t°~ether ~ ~ = tested , to the contents and at the same sheri[['s CostS: Docketing service surcharge 18.00 10.35 .00 %0.00 .00 SWOrn and subSCribed to be[ore ~ day o[ me t'his ~ A.D. 04, / 1'7 / jAMES S~IT~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01592 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS MARK A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the DAVIS JANET G DEFENDANT , at 1607:0q HOURS, on the 16th day of April , 2003 at 107 HAMMOND ROAD SHIPPENSBURG, PA 17257 by handing to JANET DAVIS 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of  _~ ~O3 A.D. -~othonotary ' ' So Answers: R. Thomas Kline 04/17/2003 JAMES SMITH DURKIN CONNELLY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION No.: 03-1592 CIVIL Plaimiff, ISSUE NUMBER: VS. MARK A. DAVIS and JANET G. DAVIS, TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. Hereby certify that the last known address of Defq~tdant(s) is/are: 07 VA 72s7 Sc~ X~ Di~e~efick, Esquire FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. I.D. #55650 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FARMERS AND MERCHANTS TRUST · CWIL DIVISION COMPANY OF CHAMBERSBURG, · Plaintiff, ' NO.: 03-1592 Civil Term Defendants. · MARK A. DAVIS and JANET G. DAVIS, PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Mark A. Davis and Janet G. Davis, in the amount of $66,641.82 which is itemized as follows: Principal $60,345.39 Interest through 5/20/03 $ 2,339.51 Late Charges $ 126.42 Bank Fees $ 80.50 Attorney's Fees $ 1,250.00 Court, Sheriff and Title Costs $ 2,500.00 TOTAL $66,641.82 plus interest on the principal sum ($60,345.39) from May 20, 2003, at the rate of$11.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the~qnortgaged premises. JAMES SM~& CONNELLY LLP By: ( / .xx.~] V_~? ~,/ Scott A. Die~teri~uire Attorney for Plaintiff PA I.D. #55650 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 AFFIDAVIT OF NON-MII,ITARY SERVICE AND CERTIFICATE OF MAIl,lNG OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me thi~day of tQqO~ Notary Public Scott ~rick, Esquire ,2003. My Commission Expires: ~ EAL ~= RIAL SF~~ ----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Mark A. Davis ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ac*3 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $66,641.82 plus interest on the principal sum ($60,345.39) fi:om May 20, 2003, at the rate of$11.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil Term NOTICE OF ORDER, DECREE OR JUDGMENT TO: Janet G. Davis ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $66,641.82 plus interest on the principal sum ($60,345.39) from May 20, 2003, at the rate of$11.73 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Deputy SHERIFF'S RETURN - REGULAR CASE.NO: 2003-01592- ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS MARK A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS MARK A the DEFENDANT , at 1607:00 HOURS, on the 16th day of April at 107 HAMMOND ROAD SHIPPENSBURG, PA 17257 JANET DAVIS, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with , 2003 and at the same time directing Her attention to the contents thereof. Sheriff,s Costs- So - ~ ' -~nswers: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn. and Subscribed to before me this day of R. Thomas Kline ~ 04/17/2003 JAMES SMITH DURKIN CONNELLY '. Dep~y Sheriff A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE. NO: 2003-01592 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS DAVIS MARK A ET AL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVIS JANET Gthe DEFENDANT , at 1607:00 HoURs, on the 16th day of April at 107 H3tMMOND ROAD , 2003 SHIPPENSBURG, PA 17257 JANET DAVIS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this day of So Answers: R. Thomas Kline 04/17/2003 JAMES SMITH DURKIN CONNELLY Sheriff A.D. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST . COMPANY OF CHAMBERSBURG, . Plaintiff, . VS. MARK A. DAVIS and . JANET G. DAVIS, . : Defendants. . CIVIL DIVISION NO.: 03-1592 Civil Term _IMPORTANT NOTICE TO: Janet G. Davis 107 Hammond Road Shippensburg, PA 17257 DATE OF NOTICE: May 7, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. 13' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil Term A. Janet G. Davis AVISO IMPORTANTE FECHA DEL AVISO: May 7, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CA.BO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: FIRST CLASS U.S. MAIL, POSTAGE PREPAII) S~ott ~. ietterick, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil Term IMPORTANT NOTICE TO: Mark A. Davis 107 Hamanond Road Shippensburg, PA 17257 DATE OF NOTICE: May 7, 2003 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, VS. Plaintiff, MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil Term A. Mark A. Davis AVISO IMPORTANTE FECHA DEL AVISO: May 7, 2003 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABA JO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone (717) 249-3166 DATE: FIRST CLASS U.S. MAll,, POSTAGE PREPAID (800) 990:9108 JAMES SMITt~x~~O~ELLY LLP Sco/tt ~. ~k, Esquire PA I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 =,3 IN THE C~URT OF ~ PLEAS OF ~RRLAND C06~TY, ~VANIA CIVIL DMSION Farmers and Merchants Trust Company of Chambersburg V Mark A. Davis and Janet G. Davis : File No. 03-1592 Civil Plaintiff : Amount Due : Interest from 5/20/03 : ~°tyd~st%~f~n sale Defendants : Costs $66,641.82 1,243.38 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it-is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECI_PE FOR fD~GN Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the.following described property of the defendant(s) See Exhibit "A" attached. PRA~C/PEFOR AT~~EX~JUTION Issue writ of attacb3hent to the S~eriff of County, .for debt, interest and costs, as a6ove, directing attachment against the above-named garnishee(s) for the following property (if real estate,~ supply six copies of the description; supply four copies of lengthypersonalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ! (Indicate) Index this writ against the garnishee( ~ real estate of the defendant(s) described in the attached e~ Print Name: Scott A ens Dietterick, Esquire against Address: James Smith Dietterick & Connelly LLP P O Box 650, Hershey PA 17033 Attorney for: Plaintiff Telephone: (717) 533-3280 Supreme Court ID No.: 55650 LEGAL DESCRIPTION ALL the following described real estate with improvements erected thereon, known as 107 Hammond Road, Shippensburg, lying and being situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a railroad spike set in the approximate center of Township Route #330 at comer of other lands of Harry F. Davis and Carol K. Davis herein designated as Lot No. 5 on a Subdivision Plan prepared by Carl D. Bert, R.S., dated January 4, 1978, and recorded in Cumberland county Plan Book 34, at Page 22; thence by said Lot No. 5, North forty-five (45) degrees three (03) minutes fifty-one (51) seconds East four hundred fifty-one and fifty-two hundredths (451.52) feet to a set iron pin; thence by said Lot No. 5, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, three hundred twenty-five and seven hundredths (325.07) feet to a set iron pin; thence by other lands now or formerly of Harry F. Davis and Carol K. Davis known as Lot No. 3-B and Lot No. 3-A on a Subdivision Plan prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100, South forty-four (44) degrees forty-eight (48) minutes five (05) seconds West, four hundred fifty-eight and twenty-two hundredths (458.22) feet to a set railroad spike located in the approximate center of Township Route #330; thence along the center of said Township Route #330, North forty-four (44) degrees one (01) minute twenty-seven (27) seconds West, three hundred twenty-seven and twenty-one hundredths (327.21) feet to an existing railroad spike set in the center of said roadway, the place of beginning. CONTAINING a total lot area of 3.04053 acres and being known as Lot Nos. 2 and 2A on Subdivision Plan prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT to dedicated right-of-way, utility easements, and building setback lines as per the above-described Subdivision Plan. HAVING thereon erected a dwelling house being known and numbered as 107 Hammond Road, Shippensburg, Pennsylvania 17257. BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by Deed dated November 14, 1997 and recorded on December 5, 1997 in and for Cumberland County, in Deed Book Volume 168, Page 1078, granted and conveyed unto Mark A. Davis and Janet G. Davis, husband and wife. Tax Map No.: 41-12-0324, Parcel No.: 009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1592 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff (s) From MARK A. DAVIS AND JANET G. DAVIS, 107 HAMMOND ROAD, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION · (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $66,641.82 L.L. $.50 Interest FROM 5/20/03 TO DATE OF SALE - $1,243.38 Atty's Corem % Due Prothy Arty Paid $136.35 Other Costs Plaintiff Paid Date: JUNE 2, 2003 (Seal) $1.00 CURTIS R. LONG Deputy REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: JAMES SMITH DIETTERICK & CONNELLY LLP P O BOX 65O HERSHEY, PA 17033 Attorney for: PLAINTIFF Telephone: 717-533-3280 Supreme Court ID No. 55650 FARMERS AND MERCHANTS TRUST coMPANY OF CHAMBERSBURG, IN THE coURT OF COMMON PLEAS OF cuMBERLAND coUNTY, pENNSYLVANIA CIVIL DIVISION NO.: 03-1592 Civil : Plaintiff, ' Defendants. AFFIDAVIT PURSUANT TO RIffLE 3129.1 Farmers and Merchants Trust CompanY of Chambersburg, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 107 Hammond Road, Shippensburg, Cumberland County, Pennsylvania 17257: 1. Name and Address of Owner(s) or Reputed Owner(s): 107 Hammond Road MARK A. DAVIS Shippensburg, PA 17257 MARK A. DAVIS and JANET G. DAVIS, JANET G. DAVIS 107 Hammond Road Shippensburg, PA 17257 2. Name and Address of Defendant(s) in the Judgment: 107 Hammond Road MARK A. DAVIS Shippensburg, PA 17257 107 Hammond Road JANET G. DAVIS Shippensburg, PA 17257 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG THE SENTINEL Plaintiff 457 E. North Street Carlisle, PA 17013 PNC BANK NATIONAL ASSOCIATION 4242 Carlisle Pike Camp Hill, PA 17011 K C SCHAEFER SUPPLY COMPANY 2655 Springwood Rd. York, PA 17402 4. Name and Address of the last record holder of every mortgage of record: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff o property: Name and Address of every other person who has any record lien on the CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this Affidavit are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: JAMES, SMIT~NNELLY BY: Scot} A/,D)tette'rick, Esquir''//~ J'///e// Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 LLP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. FARMERS AND MERCHANTS : CIVIL DIVISION TRUST COMPANY OF CHAMBERSBURG, : : Plaintiff, : NO.: 03-1592 Civil MARK A. DAVIS and : JANET G. DAVIS, : : Defendants. : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Janet G. Davis 107 Hammond Road Shippensburg, PA 17257 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 107 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 03-1592 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark A. Davis and Janet G. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these fights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, SMIT~ONNELLY LLP BY: -/Scbtt ~.~'--Dietterick, Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL the folio · _known as 107 u-~__ w~g descr/be l'OWn~t· _ '"unrnond Rn~ o..d real estate · · . as fo~;~,u? Cumberlarid C~L"; °mppensburo l w.'th Unpro~,.'ements e '~ .... .r, Peras,a .... ~, Y~ng and bem- .. retted there~,- .n varua, ~^__ . ug SlrUate ;. o "'~ particularlv ~.~._ ~. ~ aouth Newto- ., "vUnaed and descr/b~/ , ~ BEGINNING at a railroad s ik · ~°o;~aot~°mer°f°therlandsof, P esetmitheat~,,ro_.. · or/a . . . _fl . e'/-, vxl/T/at and rec~,-,~.~ · Subdw~s~on Plo., - arty F. Dav~s and C~,.,~ ~ center of 7' ~ · _ &.,~. ~y,,,ca m Cumberlo~.~ ,m prepared b --.,,,I K. Davis h . ow_ n.~hlp Route 7"' '" tarry-five ~ ~ -~ -,,,,u counw m~_ ,-. y .Car/D. Bert. t~ e ~ _erem des~anato,~ Hfty-one ](- i ~ ~) de~ees thr- '--' '~ ~oo/c 34, at P~' ?.o., uated Janus,.. ~'-.'-"" aria t/r~ ....~ ee (03~ -' . _ a..e vg. ,~. . '"Y % 1978 "-.Y'~.wo / ulmUtes~ -~, mence o ' ' s, South fo -t ve (4$fUndredths ?Y-one (.SI) Secon, - :%. hundred tweritv-five arid · ,f,.ct to a set iron .;...,_ "~ c. ast tour hundr,~d degrees eleven (1 I) minutes ~fty-fivff"" menee e,y said Lot /ands now or ~,.-.-.-_, ~seven tmndredths ., ~ . (55) SeCOnds ~'~o. f°""rru otI-Iarry F Davi- (.$-~.0/) feet to a set i- · East three Lot No. $-A on a Subdivisiori Plan prepared by John R. K-/ssinger ,,, ~'~o. 0-/3 and · ~ anti Carol K no..:_, ton pin; thence b · """ ~'~a rmown as L~, ,,~ ., y other November 1 $, 1992, and recorded in Cumberland County dated South forty-four (44) de ees . . Surveying, hundred fifty-ei,~ gr forty, e~ght (48 · Plan Book 67, ~t and twenty-two ~.,.__, . ? minutes five r0$~ -- . at Page 100, "'uareaths (458 79~ c~..t.. / ~econcts West, four located in the approximate center °fTownship Route #330; thence along · --/,¢¢t ~o a set railroad spike said Townsh/p Route #330, North forly-four (44) the center of (27) Seconds West, three hundred twenty-seven an?grees one (01) minute twenty-seven CONTAINII G a total lot area of 3.04 twenty-one hundredths to an existina railroad spike set in the enter of said roadway, the place ofb%,/nning. on ~ubdivision Plan ~ (327.21) feet 53 acres and being k~iown as Lot Nos. 2 and 2A prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberland Court .ty Plan Book 67, at Page 100. SUBJECT to dedicated fight-of-way, utility easements, and building setback lines as per the above-described Subdivision Plan· HAVING thereon erected a dwelling house being known and numbered as 107 Hammond Road, Shippensburg, Permsylvan/a 17257. BEING the same premises wh/ch Harry F. Davis and Carol K. Davis, husband and wife, by Deed dated N. Ovember 14, 1997 and recorded on December 5, 1997 in and for · and Janet G Davi~ ~ . . . Page 1078, · ~, nusoana and wife granted and conveyed unto Tax Map N . o.: 41-12-0324, Parcel No.: 009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Plaintiff, VS. MARK A. DAVIS and JANET G. DAVIS, Defendants. CIVIL DIVISION NO.: 03-1592 Civil NOTICE OF SHERIFF'S SAI,E OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3127 Mark A. Davis 107 Hammond Road Shippensburg, PA 17257 TAKE NOTICE: That the Sher/ffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013 on Wednesday, September 3, 2003, at 10:00 a.m. prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 107 Hammond Road Shippensburg, PA 17257 Cumberland County The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 03-1592 Civil Term THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Mark A. Davis and Janet G. Davis A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (I 0) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, South Hanover Street, Carlisle, Pennsylvania 17013. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO T¢ ) OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, 4th Floor, Carlisle, Pennsylvania 17013, before presentation of the petition to the Court. JAMES, ~ SMITH, & CONNELLY LLP DATED: '/'~,/~, BY: Dietterick. Esquire Pa. I.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 VIA CERTFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY CUMBERLAND COUNTY SHERIFF LEGAL DESCRIPTION ALL the following described real estate with improvements erected thereon, known as 107 Hammond Road, Shippensburg, lying and being situate in South Newton Township, Cumberland Count'v, Pennsylvania. more particularly bounded and described as follows: " ' ' BEGINNING at a railroad spike set in the approximate center of Township Route #330 at comer of other lands of Harry F. Davis and Carol K. Davis herein desi~ated as Lot No. 5 on a Subdivision Plan pret~ared by Carl D. Bert, R.S., dated January 4, 1978, and recorded in Cumberland county Plan Book 34, at Page 22; thence by said Lot No. 5, North forty-five (45) de~ees three (03) minutes fifty-one (51) seconds East four hundred fifty-one and fifty-two hundredths (451.52) feet to a set iron pin; thence by said Lot No. 5, South forty-five (45) degrees eleven (11) minutes fifty-five (55) seconds East, three hundred tWenty-five and seven hundredths (325.07) feet to a set iron pin; thence by other lands now or formerly of Harry F. Davis and Carol K. Davis known as Lot No. 3-B and Lot No. 3-A on a Subdivision ~lan prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberland Countv Plan Book 67, at Page 100, South forty-four (44) de~ees forty-eight (48) minutes fi(,e (05) seconds We hundred fifty eight and twenty-tw'o hundredths (448 ?'~ fee** ........ :, .~,st, (,our - ' - .... j ~ ~u a Set lauroacl spike located in the approximate center of Township Route #330; thence along the center of said Township Route #330, North fortv-four (44) degees one (01) minute twentv-seven (27) seconds West, three hundred twer~tv-seven and twenty-one hundredths (397'91) feet to an existing railroad spike set in the c~nter of said roadway, the place of beginning. CONTAINING a total lot area of 3.04053 acres and being known as Lot Nos. 2 and 2A on Subdivision Plan prepared by John R. Kissinger Surveying, dated November 13, 1992, and recorded in Cumberland County Plan Book 67, at Page 100. SUBJECT to dedicated right-of-way, utility easements, and building setback lines as per the above-described Subdivision Plan. HAVING thereon erected a dwelling house being known and numbered as 107 Hammond Road, Shippensburg, Pennsylvania 17257 BEING the same premises which Harry F. Davis and Carol K. Davis, husband and wife, by Deed dated November 14, 1997 and recorded on December 5, 1997 in and for Cumberland County, in Deed Book Volume 168, Page 1078, granted and conveyed unto Mark A. Davis and Janet G. Davis, husband and wife. Tax Map No.: 41-12-0324, Parcel No.: 009 Farmers and Merchants Trust Company of Chambersburg VS Mark A. Davis and Janet G. Davis In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-1592 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Scott Dietterick. Sheriffs Costs: Docketing Poundage Surcharge Law Library Prothonotary Mileage Posting Handbills Advertising Certified Mail Share of Bills Levy 30.00 3.12 30.00 .50 1.00 20.70 15.00 15.00 28.90 15.00 $159.22 paid by attorney 7/24/03 Sworn and subscribed to before me So Answers~ This R. Thomas Kline, Sheriff 2003, A.D. ~'~,~.,. Prothonotary Real Es3,hte Deputy