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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A
CIVIL ACTION - LAW
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PRAECIPE
NORTHWEST SAVINGS BANK
Plaintiff,
No. 00-7076 Civil Term
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
PLEASE REINSTATE THE COMPLAINT.
DATE:
I J /1'>/00
GIBBEL, KRAYBILL & HESS
By: P/)11t-
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Dona d H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, PA 17602
(717) 291-1700
Sup. Ct. Atty. !.D. #52067
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing
document upon the person and in the manner indicated below, which service satisfies the requirements
of Pa. R.C-P. 440.
Service by First Class Mail, addressed as follows:
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GIBBEL, KRA YBILL & HESS
By: !---<IJIIi.
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. J.D. #52067
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
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No. 00 -7076 C;utt
T V<.....t'Y\
NORTHWESTSAVTNGSBANK
Plaintiff,
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that even if you fail
to do so, the case may proceed without you and judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
BA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator's Office
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
Telephone: (717) 240-6200
GIBBEL, KRA YBILL & HESS
By: i---e~
Donal H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. J.D. #52067
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PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT YOU
ARE ADVISED THAT THIS LAW FIRM
IS DEEMED TO BE A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
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No. trIJ - '10 7 t, t!.wJ. "'-..u--
NORTIIWEST SAVINGS BANK
Plaintiff,
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Mortgagee, is NORTIIWEST SAVINGS BANK, with an address of 744 South Broad
Street, Lititz, Pennsylyania 17543.
2. Defendant ROBERT L. BUHRIG, JR., is an adult individual believed to be residing at 107
Shirley Lane, Boiling Springs, Pennsylvania 17007.
3. Defendant, CATHERINE A. BUHRIG, is an adult individual believed to be residing at 1517
Rothsville Road, Lititz, Pennsylvania 17543.
4. Defendants are not members of the Armed Forces of the United Slates of America, nor
engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as
amended.
5. Defendants own real property known as Lot #46 Indian Hills, 107 Shirley Lane, Boiling
Springs, Pennsylvania 17007, as set forth in a deed dated April 9, 1998 and recorded April 9, 1998 in
record book 175, page 181, in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania, a copy of which is attached hereto as Exhibit "A" and incorporated by reference.
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6. On or about April 9, 1998 Defendants executed and delivered a Bond Secured by a Real
Estate Mortgage (the Note) in the just sum of $164,140.00 payable to Plaintiff, a copy which is
attached hereto as Exhibit "B" and incorporated by reference.
7. As security for the obligation of Defendants to pay Plaintiff the principal sum evidenced by
the Note, Defendants executed and delivered to Plaintiff their mortgage securing real property known
as Lot #46 Indian Hills, 107 Shirley Lane, Boiling Springs, located in South Middletown Township,
Cumberland County, Pennsylvania, more particularly described in the Mortgage attached as Exhibit
"C" and incorporated by reference. The Mortgage was recorded April 9, 1998, in record book 1444,
page 1051, in the Office for the Recorder of Deeds, Cumberland County, Pennsylvania.
8. Defendants are the real owners of the land subject to the Mortgage.
9. The Mortgage has not been assigned.
10. Under the tenus of the Note, Defendants are obligated to repay Plaintiff in monthly
installments of interest and principal in the amount of $1,133.67.
11. Defendants are in default of their obligations to pay Plaintiff as recited in the Note and
Mortgage.
12. Mortgagors have failed to pay the installments due on May 1, 2000 and all subsequent
installments.
13. The Mortgage and Note provide for acceleration of outstanding principal together with all
other sums due and owing in the event of Defendants' default under any of their obligations under the
Note or Mortgage.
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14. The following amounts are now due and owing Plaintiff as of September 18,2000:
a. unpaid principal balance 161,605.23
b. interest at $33.11 through September 11,2000
(based on contract rate of 7.375%) 5,403.80
c. late charges 283.40
d. costs
title and property search 35.00
property inspectiou report 50.00
e. attorney's fees 300.00
TOTAL: $167,677.43
Additional costs and attorney fees will accrue if the default is not resolved.
Together with interest at the per diem rate noted (b) above after September 18, 2000, other
charges and costs to date of the delivery of the sheriff's deed.
Attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at sheriff's sale. If the
Mortgage is reiustated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff.
15. No judgment has been entered upon the Mortgage in any jurisdiction.
16. No uotice has been provided pursuant to ~ 403 of Pennsylvania Act No.6 of 1974, for the
reason that the Mortgagors and this Mortgage being foreclosed upon does not fall under the provisions
of Act 6.
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17. Notice pursuant to provisions of Act 91 of 1983 (Homeowners' Emergency Mortgage
Assistant Act of 1983) was given in the manner provided by law. A copy of the notices are attached
hereto as Exhibit "D" and incorporated herein.
WHEREFORE, Plaintiff demand judgment in rem in the amount of $167,677.43 together with
interest, other charges and costs including attorney's fees to the date of the sheriff's sale and
foreclosure and sale of mortgaged property.
Respectfully Submitted,
GIEBEL, KRAYBILL & HESS
By: i J(!4 -~
Don d H. ess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. LD. #52067
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SEP-28-QO THU 10:42 AM GIBBEL,KRAYBILL & HESS
FAX NO. 717 281 5547
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VEIUFICA'l'lON
I TIMOTHY R, RHOA DES, verify that the statements set forth in the foregoing
COMPLAINT IN MORTGAGE FORECLOSURE are true and correct to the best of my knowlodgc,
information and belief.
I understand that this verification is subject to the penalties of 18 PR_ C.$,A. Section 4904,
relnting to 1ll1swom falsilication to auUloritics.
Timothy R. Rh
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Tax Pargel No.
.10911..070
TIDS DEED,
MADJ TH5 ~:It day of
fiUM 991).
BE DICKINSON
Grou W"1lW! L. Diehl and
the 1I t p3rt. hmln ca1lad
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In tbe ye&1' ot OIIt Lord one tho nlDe hundrtd n\lIOIY-
ATES, a partnersblp CtlIIIisIln& ore r J, Acker, Dol1Jld A.
rge L. Shoner, of C~rnberland , ponn.,.Jva1ll1l, party of
GJ1IIltCI"
EltT L, BllH!UG. and CATHBIUN1! A. BtlHRlG, hll
and Cowl)'. PCIltIS),! ani.. party oCthe 'llOOlId part.11mbI
01'81I10:0(0):
LOT NO, 46 on the l'lnal S
om of tho RellOfdlll' oEP
I'll 36, et llIlCI., the moto_
"A'! Incorpomed llereln by
dlYi.ion P!aII of INDIAN HILLS . S
.In and for ClImborlmtd County, P
btn!nds dellCrlptlO1l for which lot i_
reno, and made a parl htriOt
ON I, _orded In the
I........ In Plan &ock 67.
aoho4 hereto II$lixlIibit
VBll'l'HEUlSS, to the COIIdIlIolIS, r
ntionod l'lnaI SubdlvlalO1l Plan; AM>
ants, CoIIditiOllt, P.eIlrltliona an4
lor 1. 19\13, and I'lIllOIdtd m m. Oft!
Page 698, Incl.. but IlOt JiIIIIted
(1) WheII an"lllwIII It Cll\lltlUctId 011 theheraiB_
O;Q1lp.n~ theteotb t IIC later thatllhieo (3) yearl after tho
tho willll. CI01\V or Oaloblr 1, 1998, wh10lilYer ovllllt
llid Orantoe(a). ttI elr helrl, _,. and IIa1SJ11, aIWl
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e oftettlement for
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EXHIBIT A
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C. B. OF LRNC.
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wide concrlllO sldewalks (Incl dins hlII1dlcap &CCCN altlewallcs at Int
accordance with Sollth Mi n Township regulations andstllld
(2) All Dl'Iinqe BaseIllenI.s d SI4ft\'I Water Manaioment lleqlll
applicable to tile he~in d Jot &/ld detailed on Did I"1Il8I S
BiING a pan of the II!IIlI8 premIsu
rocordcd AuguR :17, 1!992, ill lbo
Vol. ~', Paao 902, sr'med and oon
ANI>, the said Grantor heroby
hereby eonveyed.
IN WITNESS WHElI$OI', .the cu t pertIIefs of lhe said Granior. havo'h
and seals the day and year.1I!'at abov written.
Neh GIadyt M. Shughart, widow, by . dated and
of me Raeonler ofDeecla, aforesaid, .~ Deed Book 'V',
tit! to Dloklnson Elll&tel, a PIl'lllerahi the Grantor heteln,
II and ~sro.. that it \\IIl1 warrent s
SIONElD, SEALED and Dl3LlVE
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NOTE
Aaril 9th
, 1998
[City)
Pennsvlvania
[State]
Lot #46 Indian Hills. Shirlev Ln Boilina Sarin as PA 17007
(Properly Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received. I promise to pay u.s. $ 164.140.00 (this amount is called ~principal.), plus interest. to
Ihe order of the Lender. The lender is Northwest Savlnas Bank
I understand thai the lender may transfer this Note. The lender or anyone who takes this Note by transfer and who is entilled to receive
payments under this Note is called the ~Note Holder:
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest al a yearly rate of
7.375 "Ia. The Interest rate required by this Section 2 is the rate I will pay both before and aller any default described in Section
6(8) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
I will make my monthly payments on the 1 st day 01 each month beginning on December 1st . 1998 . I will make
these payments every month until I have paid aU of the principal and interest and any other charges described below that I may owe under
this Note. My monthly payments will be applied to interest before principal. If. on November 1. 2028 , I sllll owe amounts
under this Note, I will pay those amounts in full on that date, which is called the "maturity date."
I will make my monthly payments at 744 S. Broad St. Lititz. Pa 17543
or at a different place If required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1.133.67.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of principal at any time before they are due. A payment of principal only Is known as a ~prepaymenl. ,.
When I make a prepayment. I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my
prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment. there will be no changes in the
due date or in the amount of my monthly payment unless the Note Holder agrees In writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the Interest or olher loan charges
collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits
will be refunded to me. The Nole Holder may choose to make this refund by reducing the principal I owe under this Note or by making a
direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIREO
(A) Late Charge for Overdue Payments
If the Note Holder has not received Ihe full amount of any monthly payment by Ihe end of ~ calendar days after the date it is due.
I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and
interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due. I will be in default.
(e) Notice of Oefault
If I am in default, the Note Holder may send me a written noUce telling me that if I do not pay the overdue amount by a certain dale,
the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all Ihe interest thai I owe on
that amount. That date must be at least 30 days after the date on which the notice Is delivered or mailed 10 me.
MULTlSTATE FIXEO RATE NOTE-Single Family.FNMA/FHLMC UNIFORM INSTRUMENT FOtAl 3200 12/B3x
FJ7B7.LMG (5/94) Page 1 012
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(D) No Waiver By Note Holder I
Even if, at' a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note j
Holder will sllll have, the right to do so if I am In default at a later time ~
(E) Payment of Note Holder's Costs and Expenses I
II the Not~ Holder has required" me to pay immediately in full as described above. the Note Holder will have the right to be paid back by
me for all of Its costs and expenses in enforcing this Note to the extent not prohibtted by applicable law Those expenses Include. for
example, reasonable attorney's fees,
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Nole will be given by delivering it or
by mailing it: by first class mail 10 me at the Property Address above or at a different address if 1 give the Note Holder a notice of my
different address,
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the
address stated in Section 3(A) above or at a different address if I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note. each person' Is fully and personally obligated to keep all of the promises made in this Note,
including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do
these things. Any person who takes over these obligations, Including the obligations of a guarantor. surety or endorser of this Note. is also
obligated to keep all of the promises made in this Note, The Nole Holder may enforce Its rights under this Note again:>t each person
individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note.
9. WAIYERS I
I and any other person who has obligations under this Nole waive the rights of presentment and notice of dishonor. ~Presentment.
means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note I
Holder to give notice to other persons that amounts due have not been paid. f
,
10. UNIFORM SECURED NOTE 1
This Note Is a uniform Instrument with IImiled variations in some jurisdictions. In addition 10 the protections given to the Nole Holder I
under this Note. a Mortgage, Deed at Trust or Security Deed (Ihe ~Security Instrument"). dated Ihe same date as this Note, protects the Note I
Holder from possible losses which might result it I do not keep the promises which I make In this Note. That Security Instrument describes I
how and under what conditions I may be required to make Immediate payment in full of aU amounts I owe under this Note. Some of those:
conditions are described as follows: l
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Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial, interest in Borrower is sold or Iransferred and Borrower is
not a nalural person) without lender's prior written consent. lender may, at its option, require Immediate payment in
full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less Ihan 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender
may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNE.o.
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Borrower Catherine A. Buhrig
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(Seal)
(Seal)
Witncss
(Seal)
Wilness
Borrower
(Seal) _
Wilncss
Borrower
[SIGN ORIGINAL ONL YJ
F3767.LMG {5J94}
Page 2 012
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ADDENDUM TO NOTE
Because the loan I/we have received provides for disbursements of principal from time to time for construction
purposes and a delay in the beginning of my monthly payments of principal and interest, I agree to this Addendum
to the Note I have signed and given to Northwest Savings Bank on this date April 9. 1998
Prior to the date on which I begin to make my monthly payments of principal and interest
provided in Paragraph 3(A) of the Note, I will pay to the Noteholder monthly payments of interest
only (calculated by the Noteholder at the Initial Interest Rate on that part of principal which has
been disbursed to me or at my direction) on the first day of each monthly beginning Ilri< after
first disbursement, 19_, and continuing until the first day ot the month
before the date specified in Paragraph 3(A) of the Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
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Catherine A. Buhrig - Borrower (,:/
(Seal)
~ Borrower
Lot #46 Indian Hills, Shirley Ln, Boiling Springs PA 17007
PROPERTY LOCATtON
(Seal)
. Borrower
(This addendum is to be attached to the original Note)
3S-D1-29A/NOTE-ADD.NWB
Const. Addendum 7/86
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Northwest Savings Bank
744 S. Broad St.
Lititz, Pa 17543
County of
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Recorded in the Register and Recorder's Office of said County,
In Mortgage Book Page
WITNESS my hand and official seal this
day at
Recorder of Deeds
[Space Above This Une For Recording Data]
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THIS~RTGAGE (.Security Instrument~) is given on ADrll 9. 1998
, The mortgagor is Robert L. Buhrla. Jr. and Catherine A. Buhria
MORTGAGE
--
(-Borrower").
This Security Instrument is given to Northwest Savinas Bank
. which is organized and existing under the laws of the Commonwealth of Pennsvlvania , and
whose address is 744 S. Broad St. Lititz. Pa 17543
("Lender"). Borrower owes lender the principal sum 01 One Hundred Sixtv Four Thousand One Hundred Fortv
and 00/100 . Doilars (U.S. $ 164.140.00 I. This debt
is evidenoed by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments,
with the f\J1I debt, if not paid earlier, due and payable on November 1. 2028 This Security Instrument
secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and
modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of
this Security Instrument; and (c) the perfonnance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located
in Cumberland County, Pennsylvania:
which ha~ the address of
Lot #46 Indian Hills. Shirlev Ln Boilina SDrinas PA 17007
("Property Address")
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing Is referred to in this Security Instrument as the .Property".
BORROWER CONVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record, Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record,
THIS SECURITY INSTRUMENT combines unlfonn covenants for national use and non-unifonn covenants with limited
variations by jurisdiction to constitute a unifonn security Instrument covering real property,
PENNSYLVANIA - Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
F10J16.LMG (9194) Page 1 of 6
Modified Fonn 3039 9/90
eGi!d444p~d05t
73-8102280
EXHIBIT C
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay
when due the principal of and interest 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 in fuJi, a sum ("Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly
I~asehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood
insurance premiums, If any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in
~ccordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. Theses items are called
~Escrow Items.. Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a fender for
a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures
~ of 1974 as amended from time to time, 12 U.S.C, 6 2601 et.seq. ("RESPA"), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser 'amount.
lender may estimate the amount of Funds due on the basis of current data and reasonable estimates 'of expenditures of future
Escrow Items or otherwise in accordance with applicable law,
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the, Escrow
Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items. unless lender pays Borrower interest on the Funds and applicable law permits Lender to make such a
charge. Howev,er, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
used by lender in connection with this loan, unless applicable law provides otherWise, Unless an agreement Is made or
~pplicable law requires interest to be paid. lender shall not be required to pay Borrower any Interest or earnings on the funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
Without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time Is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower
shaD pay to Lender the amount necessary to mak.e up the deficiency. Borrower shall make up the deflciency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon Payment in full of aU sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender, If, under paragraph 21, lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shan be applied: first. to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2; third, to interest due: fourth, to principal due; and last, to any late charges due under the Note,
4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall
pay these obligations In the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to lender receipts evidencing the
payments,
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien
by, or defends against enforcement of the Hen in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of
the actions set forth above within 10 days of the giving of notice,
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within term "extended coverage" and any other hazards,including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld, If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
coverage to protect Lender's rights In the Property in accordance with paragraph 7.
F\O~16.LMG (9194)
j.
Page2af6
Form 3039 9/90
BooK14 44 PAGE 1 52
73-61-2280
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All insurance policies and renl ; shall be acceptable to Lender and shall. inclt 9. 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 event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by lender, Borrower's right to any insurance policies and proceeds resulting fonn
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument Immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
sixty days after 'the execution of this Security \nstrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not
be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not
destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be
in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in lender's good faith judgment could
result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
interes~. Borrower may cure such a default and reinstate, as provided if) paragraph 18, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or
other material impairment of the lien created by this Security Instrument or Lender's security Interest. Borrower shall also be in
default if Borrower, during the loan application process, gave materially false or inaccurate infonnation or statements to lender (or
failed to provide lender with any material information) In connection with the loan evidenced by the Note, including, but not
limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is
,on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perfonn the covenants and agreements
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender
may do and pay for whatever is necessary to protect the value of the Property and lender's rights in the Property.
lender's action may Include paying any sums secured by a lien whIch has priority over this Security Instrument, appearing in
court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although lender may take action under
this paragraph 7, lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of
disbursement at the Note rate and shall be payable, with interest, upon notice from lender to Borrower requesting payment.
8. Mortgage Insurance. If lender required mortgage insurance as a condition of making the loan secured by this
Security'lnstrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason. the
mortgage insurance coverage required by lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by
lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to lender each month a
sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage
lapsed or ceased to be in effect. lender will accept. use and retain these payments as a loss reserve in lieu of mortgage
insurance. loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage On the
amount and for the period that Lender requires) provided by an insurer approved by lender again becomes available and is
obtained. Borrower shall pay the premiums required to maintain mortgage insurance In effect, or to provide a loss reserve, until
the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and lender or
applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
F10316.LMG (9{94)
Page3of6
Form 3039 9/90
Bood414 PAGE1053
7HI1-2280
..
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In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
IMtrument, whether or not then due, with any excess paid to Borrower. In the event .of a partial taking of the Property in which
the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured
by this Security Instrument Immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount 01 the proceeds multiplied by the following fraction: (a)
the total amount of the sums secured immediately before the takin9. di'Jided by (b) the iair market value of the Property
immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which
the' fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately
before the taking, unless Borrower and Lender otheIWise agree in writing or unless applicable law otherwise provides, the
proceeds shall be appIJed to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property Is abandoned by Borrower. or If. after notice by Lender to Borrower that the condemnor offers to make
an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option. either to restoration or repair of the Property or to
the sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend, or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Securlty Instrument granted by Lender to any successor in interest of
Borrower shall not operate to release the liability of the original Borrower or Borrower's successors In Interest. Lender shall
not be required to commence proceedings against any successor in interest or' refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be
a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to
the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this
Security Instrument but does not execute the Note: (a) is co-signing the Security Instrument only to mortgage, grant and
convey that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to
pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without
1M,t Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection
with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
th, charge to the pennltted limit: and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
ma.klng a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
ma.iling it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to Lender's address stated herein or any other address Lender d~signates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property Is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which
can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy., Borrower shall be given on conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural,
person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured
by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
Fi0316.LMG (9&4)
.
Form 3039 9/90
p,,, 4 016 ." 44 1054
BOOKi-x'" PA3E
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13-81.2280
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If lender exercises this optior. ender shall give Borrower notice of accelerado/. he notice shall provide a period of
1'1Qt less than 30 days from the date the notice is delivered or mailed within which Borrower must pay aU sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security
Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays lender all
sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b)' cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but
not limited to. reasonable attorneys' fees; and (d) takes such action as lender may reasonably require to assure that the lien of
thi$ Security Instrument, lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security
Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured
hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case
of acceleration under paragraph 17.
19. Sale of Notej Change of Loan Servicer. The Note or a partial interest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change in the entity
(known as the -Loan Servlcer-) that collects monthly payments due under the Note and this Security Instrument. There also may
be one or more changes of the loan Servicer unrelated to a sale of the Note. If there is a change of the Loan SelVlcer,
8:orrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will
state the name and address of the new Loan SelVlcer and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting
the Property that is in violation of any Environmental Law. The precedlng two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate
to normal residential uses and to maintenance of the Property.
Borrower shall promptly give lender written notice of any investigation, claim, demand. lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or Is notiffed by any governmental or regulatory authority.
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20. "Hazardous Substances. are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene. other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM CONVENANTS. Borrower and lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) the action required to cure the
default; (c) when the default must be cured; and (d) that failure to cure the default as specified
may result in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence
of a default or other defense of Borrower to acceleration and foreclosure. If the default Is not
cured as specified, Lender, at its option, may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may foreclose this Security
Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by applicable law.
F10316.LMG (9194)
Page 5 of 6
Form 3039 9/90
73-81-2280
Boor.1.444PAd055
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22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shall pay any recordation costs.
23. Waivers. Borrower, to the, extent permitted by applicable law, waives and releases any error or defects in
proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of
execution, extension of time, exemption form attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to
the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgm,ent. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or in an action of mortgage forecJ:osure shall be the rate payable from time to time under the Note.
27. Riders to this Security InStrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants and agreements of each such rider shall be incorporated Into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.'
[Check applicable box(es)]
DAdjustable Rate Rider
OGraduated Payment Rider
o Balloon Rider
DOther(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it.
o Condominium Rider
DPlanned Unit Development Rider
ORate Improvement Rider
01-4 Family Rider
o Biweekly Payment Rider
DSecond Home Rider
W"Z~.GI!tto
/'"'
~.J." ~ 1M -'
(Seal)
Borrower
(Seal)
Borrower
(Seal)
(ReselVed for official seal)
(known to me) (or proved to me on the baSIS of satisfactory evidence) to be the person(s) whose name(s) are
subscribed to the foregoing instrument and acknowledged that theY executed the ~ame.
WITNESS my hand and official seal.
Name (typed or printed)
Notarial Seal
South tx~I~~on iv /: pumberlafld County
My Commission Exptr9S Aug. 14, 2000
My Commission expires:
Certificate of Residence
I certify that the precise place of business of the within named Mortgagee is 744 S. Broad St. Lititz. Pa 17543
F1qJ1S.LMG (9194)
,
Page6of6
Form 3039 9/90
Boor lH4 PAG. )56
73-81-2280
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LEGAL DESCRIPTION
IlIDNN1NG lIt...inIa pia ill - -""'"'_ ript orway IiDD ofSllirle.r..... tlIe IIIIIthwest
_al1at NIWI.. 46..1IIe ...-........... SuINiviIioa PIIa;....lIlIIda 84
........ ......... 32 -- eat a"'" oftOl.715 ..to. irIIlI pin. "'1IOIIIlt..Il.
--f111at Nlaber46I1111"'~_alLot~4S aathc....1iIcnIiaaed
YIIIII~ PIa;....1lllIlII s tlepea31'__n ___walta &t-.afl50.01
&:r:t to. ina pill lit ...,....-.. __afLot NI.dI.. 46 _... -4.... _arLat
Number 4S lID the Utm '.~,I'-d FtIIII SuIxIi9iaiae Plan; theace sllUlh 84........ .......
32... ....wata II. [oarlOI.775htolDinlftpillItIlaOloullnnlt_ofLat'Nadb..
46" the -~ UI -- of Lot Number..7 011 the 11Io".-'11. -.J ...... SobtIivisioa PIIn;
dIcnI:e..... s .....] I miaula n -.II eat a di"""x:c 01150.01 &:r:t to.. iraa pia. ...
. p/Ice ofBEGINNtNG.
BEING Lat WWDIIeo 46 011 thl: Ibtms IIIeIlIi....d P!oII Subdidsioa PlIII; IIId ~ Is"
0il1.11} lICpIIRt:ct.
BEING the same premises conveyed by Dickinson.Estates, a partnership
consisting of Chester J. Acker, Donald A. Group, Wilbert L. Diehl and
George L. Ebener by Deed dated ..Agr: I <f . 1998. and intended to
be recorded simultaneously herewi h in the Office of the Recorder of Deed~
of Cumberland County, Pennsylvania, unto Robert L. Buhrig, Jr. and Cather~ne A.
Buhrig, husband and wife, the Mortgagors herein.
. i&Jf'f;,n..
Stat. of P';.nnsv1vania 1 :;~';f.;Ij1:;;:f.rt'i;:,! .'~;,::'
Countvofv'j"'!:';'>"land~ 86 t.f'.'~~ ,";J'~""~, '.: '.,. ._"
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Carl/s,c,PAthis C,,;>'/, lOLl' ..,....,,.,JI'ra...:;~,:'. ..,.to:
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800-1444 PAGE1057
qg -73
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ACT 91 NOTICE
T~KE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
Il!ls,JSJ!L91!1l;!aIJl()J~.lli~.U.!UU!l.QI19.Q,g~LQlLYJHJt home I!? In dm~l!!.I" and the lell~er Illlel\(J~o lorec!o_s~.ill!<
II11orll1811011 aboulthe nature of Ihe dela.Yl!..l..l..P.rovlded In the ellaclled Daues.
The HOMEOWNER'S MORTGAGE..b..s..~'J;JANC_E_enPJillAM IHEMAP) mav_J!l! able 10 be'D 10 save vOllr JlOme.
This Nollce eXDlalns how the Droatam works.
JjUi.Q..Q..lUJ~-AP--MIJ,M!p~"'y_o.l!..ll)ytLMJ;ll...WJIJi.A._C_O~.$llM~CltEUIliQ.V!i$I;I,.J!!G.AGJ;~.CY_WlIJiI,t-I_30
DAYS OF THE DATE OF THIS NOTICE. Take this nollce wllh YOU when YOU meet willi Ihe Counsellno Aoencv.
l.!llt...l!(I!m..~J!d!fll!tuUlJ!..p.JJ9!le nUI!tb'J:,J~U&!lMllil..Etr Credll Counsellno.Agenc:le_s_s-'il:,vl!1Q_Y.9J!LQ.Q:!.U1lY._~t.ulQl.eJUt..lUtQ
end qUllliL!!oJNJ--,...!tyou hav!l...ilnLq\f,~j;UonsL..lRn.D!.!JY..Qi.!1 the Pennsvlvanla Houslnu Finance ADency toll free al 1-800.
3.1W~e,sons willi IIIlDalred hearlna can call (7171 700-1869t
This Nollee conlnillS Imporlanl legnllnformallon. If you have any quesllons, reflresenlallves Rllhe
Consume, Credll Counseling Agency may be able 10 help eltplaln It. You may also want 10 contal;ll an
allomey In your oreo. The 10caJ bar assocIation may be able 10 help you find a lawye,.
LA NOTfFfCACION EN AOJUN'TO ES DE SUMA IMPORTANCIA, PUES AFECTA SU OERECHO A CONTINUAR VIVIENOO
EN SU CASA. 51 NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TnADUCCION INMEDITAMENTE
LlAMANDO ESTA AGENelA (PENNSYlVANIA HOUSING FINANCE AGENCV) SIN CARGOS AL NUMEnO MENCIONAOO
ARomA. PUEDES SI:R ElEGIBLE PAnA UN pnESTAMO POR EL PROGr-lAMA Ll^M^DO "HOMEOWNEn'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEVE SALVAR SU CASA DE LA PEnOlOA DEL OEnEGHO A REOIMIR SU
HIPOTECA.
HOMEOWNER'S NAME(S): Robert L. lluhr1g Jr. & Catherina A. lluhr!&
PROPERTY AODItESS: lU~J~r~Lane:-nonlnpsorIi1ijs:-PA17007
LOAN ACCT. NO.: f!ll!
ORIGINAL LENDER: I'fOrmwest MVl~S IJO~k
CURRENT LENDER/SERVICER: NOrthwest SavlDl!Sli8nlt
HOMEOWNER'S EMERGENCY MORTGAOE ASSISTANCE PROGRAM
YOU MAY BE ELl!lli!.!.UJl!l_E!tW!!'JI\....AJi~TAN3~ W~I~~~I1.~illXQVllJjOME FROM
FOR~cLoSUnE AND '~ELP YOU MAKE f __!J:~___GA.GE PAY~ENTS
IF YOU COMPLY WfTH THE PROWSIONS OF THE HOMEOWNER'S EMEFlGENCY MORTGAGE ASSISTANCE ACT OF 1983
(THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANcE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUn CONTROL.
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
XSMrQIJAD1...1HAY OF FOREC..l.Q.G!ID..,g-Under Ihe Acl. you are entitled to a lemporary slay ollor~~losure on your mortgage
10f Ihltly (30) days from the dale ollhls NoUce. During Ihal Ume you must arrange Rnd a!lend a "lace.lo-Iace" meeting with one
of Ihe consumer credit counseling agendes lisled at the end ollhls Nollce. nns--M&.ETING...M!.u:U-9_~.~,.un \l'f.!lttJN T1iE_~!I
lJ.2lJ!m...lE..YillLOO NOT APPLY.fOn EMERGENCY M~E ASSISTANCE YOU MUST BRING VDlJ.fi.MQllLGAO..E....I.le
IQ..Dlli..EJUE PAIlT OF TlUS NOTICE CALLED "HOW TO r:lmE VOilA MORTGAGE OEFAUJr EXPJAINS IloW TO DnlNG
YOUR MOHTGAGE liP TO DATE
Q9NSY.M.Iill...C..n.~UNSELlNQ..&ENCIES-1l you meel wilh one ollhe consumer credit counseling agencies lisled 01
the end ollllls notice. Ihe lender may NOT lake aelion against you lor lhlrty (30) days nller Ihe dale 01 this meellng. I!leJlnm.es....
p.clilresses <:llnt..rn1e!uh9Jl!t.lliUIlber!! 01 de~ consumfU credit counselina acenele!! for IhA COIlIlI~r~
1.o.!tDl~Q1JD.illLal Ihe end 01 Ihll: Nollee.. II Is only necessary to schedule one lace-to.lace meeting. Advise your lender
immRdl~lely 01 your inlenlions.
~TION Fan MORTGAGE ASSISTANCE-You' ,"o"gage /s /n de/alAt for Ihe reasons set forlh laler in lhis No/ice (see
'allowing pages lor speclllc Inlormallon about the nature 01 your default.) II you have tried and ere unable to resolve this problem
with the lender, you have Ihe rlghlto apply lot IInancial assistance Irom the Homeowner's Emergency Mortgage Assislance
Program. To do so, you musllill oul, sign and file a compleled Homeowner's Emergency Assistance Program Applicalion wllh
one of 11Ie designated consumer c,edh counseling agencies lis/ed al the end of Ihls No/ice. Only consumer Cfedil coumie/;ng
agencies have applicalions lor Ihe program and Ihey will assist you In submllling a complete application \0 the Pennsylvania
l'lousing FlrulIIce Agency. Your application MUST be liIed or postmarked wilhin Ihtrty (30) days 01 your lace-lo.lace meeting.
YOU MLmI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORlH IN THIS LETTEn, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATElY AND YOUn
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available lunds lor emergency mortgage assistance are very limited. They will be disbursed by lhe Agency
under the eligibl1i1y criteria established by the Act. The Pennsylvania Housing Finance Agency has shdy (60) days 10 make a
decision aller II receives your app1icatlon. During Ihal lime, no loreclosure proceedings will be pursued againsl you il you have
mel the lime requiremenls se! lorth above. You will be noUlled directly by Ihe Pennsylvania Housing Finance Agency 01 ils
d&cision on your appUcalion.
NOTE: IF YOU ARE CURRENTlY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOllOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(It you have Wed bankruplcy you cal) sllll apply 'or Emergency Morlgage AssIstance.)
HOW TO CURE YOUR MORTGAGE DEFAULT fBrlna II UD 10 dale.l
NATURE OF THE DEFAULT-The MORTGAGE VftbJ helcJ bV Ihe above lender on your properly localed al:
IVI SlutIey Lane
nOIITii&.JZiitiJlg:'J t 1;AI/OO7
IS SERIOUSLY IN DEFAULT because,
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS 10' the followIng months and the following amounts are now
pasl due: l'dncival & luleresl [or Mav~ Jlllle and .JulY:....=-$.J..!LOl...Ol
Olher charges (ellplalnlllemize): LateFees:uav.,.J .llme and Julv = S 170:04
TOTAL AMOUrn PAST DUE $3;-571:'05
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do nol use il nol al)olicalJle):
J;.Xl1lJHT D
.'
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.
d.
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tJ9.'NJ.9__GVJJJ;..lmLOEFAIJ..I.I-YOll rnflY cure lhl:! llelaull within Tl-IIlHY (30) DAYS 011110 dnl$ ollhis notice BV PAVING THE:
TOTAL AMOUNT PAST DUE TO THE LENDER. WHICH IS $ J,571.,Q5,_~ , PLUS ANY MORTGAGE PAYMENTS AND LATE
CHAlK;fS WIIlCl! tlECOME DUE ounlNU HIE III111TV (30) DAY PERIOD. Pal/mollls lIlIJ,51 be IlImlR eilher I~~jl~
l;~llLli!i.mJ. dll~ck 01 monel! oldel HUlua l.!!l1\l.j..I!l!!..JI-,!~t~~.IJ.l.lq..;
__1:{QrUJ.WQ.o!l.L,,_,SQy"j,!lgljL~UIs_
741.-S.!_...1k..QlKl_~lrget
I i.Lllz., PA 11'141
Vou can c.OIe any olher delauU by laking Ihe lollowing aclion within THIRTY (301 DAYS ollhe dale of Ihis leller. (Do 1101 use if nol
iUU~
ID:QlJJ,lO_H9_TJ;:;!JBJ;J]1t;JlE.EA!LI.J:-1l you du nol cure Ihe delault wilhin Tt-lIRTY (3D) DAYS 01 the dale of Ihls Notice, Ih..uJlmhu
tlll!tlU!~,J!U!Aell!.!~l!.Jl~tltghl~lglitl!!Jl1UllP.Ilg!AY,Ld..!.qL This means Ihallhe enllre oulslanding balance or Ihis debt will be
('1l11!'it!(l/I't1 dun immp.'lIialf!ly ,'md VOIl lllilY lo~(! 11m chill1ce 10 pay the nlOflgage in monlhly illstalhnenls. II full flnyumnl ollhe lolal
amuunl Ilasl due is nlll mryde within 1111111 y 13U) OAVS. the lender also inlelltJs 10 inslruct its allorncys 10 slart Icyal adiol1 10
l.~Q.JlJ)On vounnorlui!:(]ed nrouerlv,
!f..1ll.~_MQOIJ!A.G.IUS_f.9n~G.LOSJ;:D ueg.fi- 1'l1e IllOflgaged properly will be sold by the Sheriff 10 pay ofllhe morlgage debt. II
Ihe IcmlellCle's your ~ilse 10 its allorneys, bul you cure Ihe delinquency before Ihe lender begins legal procee<.llngs against you,
VOII will still be re(luired 10 pay the rcasotlalJle aUorney's lees Ihal were actually incurred, tip 10 $50.00. However, if legal
proceedings are slutted against you, you will have 10 pay all reasonable allorney's lees actually incurred by Ihe lender even illhey
cl(ceed $GO.OO. Any allollleY's lees will be added 10 the amollnl you owe Ihe lender, which may elso include other reasollable cosls.
n vou cma Ihe delault wllllln lIu~ nUnTY 1301 DAY Derlod vou will nol be renulred 10 Dav allornev's leas.
Q1ti.~lUJ;ri.QEIllIEMEUlES- The 'ellder may also sue you personally (or the utlpaid principal balance and a'l oilier sums due
wider Ihe morlgage.
lllilJjLl.O_C..1.lIm..lliE;.P.~..AW.J...fnl9.n..r..~E;ruffJi..$.A!JHI you have nol cured Ihe delault within Ihe HIIRTY (301 DAY period
and loreclosure proceeding~ have Llegun, :iW!..JliU have Ihe riohlln CutA Ihe ,lehtUllllncl nrAvAlIUluu.~..lIlallv_1illuum..1iL~
!.m!!u~UI.te.-s..ILe.lj[[s_S,')Ie....Y\tLL1llay_(.iJLSJLb1..PM.lnIl.Jl1lLlQlflljlmolllll IlliULJlilSlJ.b.uL~Jlh.tLanv..lal.e_QI_,Qlhe.l.C,llaLUC..$..JbeJU.lJ.l~..
!.1H1L>j)JJilli.lUU.lw.1!fl,y~1e..!i.S :ilus.1 cpsls cor~lm! wilh Ihe IQIAclosure sale and Bnv olher costs cQ.LllW..cJ.e.d...wiIl.1.Jbfl.sJJEU.ifra..sjJl~
a:>_sue,ciHctJJJUYllllIlU, .lJ1JhJ:LtIJllIDU._iillU _lJy_ JJJl!1Q.LI11jllfJ..JtI1Y_QlbllL1tl.QWlllmell.lJJl.t1.QltLthe..UlQ/JWHle. CurIng you, delaull III 'he
lIlarlller sel lorlh In Ihis rjollee wUl res lore your morlgage 10 lhe same poslllon as If you had flever delaulled.
. .EMI,,!r;..&liQ..q&!n.I,,~_~JJ.~mff':'S__s..AJ.f;_Ql\lf;.-1i lq eslimaled thai lhe earliesl dale Ihal such 8 Sh.erill's Sale ollha morlyayed
properly could be held.would be approximately _3 _ monlha from Ihe dale of Ihls Nolles. A nollce ollhe aclual dale ollhe
Sherill's Sale will be senllo you belore the sale. 01 course, the amounl needed 10 cure Ihe delault will increase the longer you wall.
Vou may lintl oul al any time el(acUy whallhe ,equired payment or acllon will be by contacting Ihe lendel.
llOW TO CONTACT TilE LENDER:
~~!..lle ollandar: NgL"Lhwesj:. Savi~!&s Ilauk
Address: 7"" S. U["oad Slrect
_ l,tLiL~Lf~_F51.J
Phone Number: 717=625-JOO.L
Fax Numb;r;--t17:625=3OOl.
C~I"aC1.~er~~-r~l;III.oir~mioatics
..
,EFFECT OF SIIEnlrF'S S..AkE.-You should realize Ihal a Sheriff's Sale wl/l end your ownership olllle morlgaged properly end
your righllo occupy II. If you continue 10 live in the properly aller the Sheri/I's Sale, a lawsulllo remove you and your furnishings
and olher belongings could be slarled by the lender al any lime.
A$~J).r!JJ~lLQ.tLo...f: MQ!lIJiA.G.&-You _ mayor XX_ may nol (CHECK ONE) sell or transler your home 10 a buyer or
lIansleree who will assume Ihe morlgage debl, prov~ed thai alllhe outstanding payments, charges and allorney's lees and
cosls me paid prior 10 or allhe sale and Ihallhe othar requirements of the mortgage are satislied.
YOU MAY ALSO HAVE THE RIGHT:
. TO SELL TilE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOHlEll LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO I'IAVE TillS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE HIE MOlnGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE nus RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDAfl YEAIl.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDEIl THE MORTGAGE DOCUMENTS.
. TO ASSEIlT ANY OTIIEn DEFENSE YOU OElIEVE YOU MAY HAVE TO SUCH ACTION OY THE LENDER
. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
('.omnmcr. Credit &: l)ebt Counseli~~en!:!s CrecU!:: Maoop.,ement
~~BOO=720:Z2Ji 1-800-=311-6044
Ctedi l Coun.el!!Jg Cellter. of 1I11"rica
-r-nOO:/ilJT-2222
lJIlIslIner Credit lJIunseling
1-686-599-2227
o CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE
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item 4' if Aestrict~ Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to;
D. Is delivery diffetent from item 17
If YES, enter deJivety address below;
D Agent
o Addressee
Dves
DNo
o Express Mail
o Return Receipt for Merchandise
Dc.o.o.
4. Restricted DelIvery? (Extra Fee)
Dves
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7099 3400 0007 0301 4113
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,cems 1, 2, and 3. Also complete
( Restricted DeJivery is deSired.
;~ur name and address on the reverse
"hat we' can return the card to you.. .
~ch this card to the back ?f the mall piece,
on the front if space permits.
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rticte Addressed to:
Catherine A Buhrig
c/o Carolyn G Postlethwait
1717 Rothsville RD
tititz Pa 17543
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2. Article Number (Copy from s."'ice/ab~I) 7099 3400 0CJ07 03Jl 4106
PS Form 3811, July 1999
. ~9~estiC Return Receipt
102595.99.M-1789
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-07076 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORTHWEST SAVINGS BANK
VS
BUHRIG ROBERT L JR ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
BUHRIG CATHERINE A
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On December 8th, 2000 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Lancaster Co
18.00
9.00
10.00
35.70
.00
72.70
12/08/2000
GIBBEL, KRAYBILL
So answe~~/~
R ~s Kline
Sheriff of cumberland County
& HESS
Sworn and subscribed to before me
thl' s /"~ d f I () A
L ay 0 ~~
2/nnl A.D.
~~~.~
Prothonotary
~-~- ~ .' ~~- ~ "~~,
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2000-07076 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NORTHWEST SAVINGS BANK
VS
BUHRIG ROBERT L JR ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
BUHRIG ROBERT L JR
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NTOICE
NOT SERVED , as to
the within named DEFENDANT
, BUHRIG ROBERT L JR
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
RETURN NOT FOUND AS PER ATTY HESS, 12/7/00.
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
6.00
6.20
5.00
10.00
.00
27.20
~~~
R. THOMAS KL E
SHERIFF OF CUMBERLAND COUNTY
GIBBEL, KRAYBILL & HESS
12/08/2000
Sworn and subscribed to before me
this
-{;r;;; 1 f) I
/'1 - day of ~
d~A.D.
(l~~
Pr t onotary )
, " i, ' .
--="".,,,,..,-N'""'"""'F."''''''_'''lWI_'''''''''-''''''',,"''''"',,,,,......u,'''''''"',,'''',''''''''''''''',!',,...''''''lIIl_I_~~<"'..,J'-,.'""""_~_'_''''~~'~''''''''f<;~<.-rl'''~'''''''_''''"_",''''I=.b-_".,,..JW,'~,....,'''';'i_"'~iJ:t.~'<l.~,,,,,"'
SHERIFF'S OFFICE
50 NORTH DUKE STREET, P.O. BOX B3480, LANCASTER, PENNSYLYANIA 17608~3480 . (717) 299.8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT ,OF RETURN
'1 PLAINTIFF/Sf
NORTHWEST SAVINGS BANK
3, DEFENDANTISI
ROBERT L. BUHRIG, JR. AND CATHERINE A. BUHRIG
SERVE {5' NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC" TO BE SERVED,
CATHERINE A. BUHRIG
It 6, ADDRESS (Slreet or RFD. Apartment No" City, Bora, Twp.. State and ZIP Code)
AT 1517 ROTHSVILLE ROAD, LITITZ PA 17543
7.II'IDlCATEUNUSUALSERVICEo')ODEPUTIZE DOTHER ,Cumberland
Now, 1,0/' G/OO 19 _, I, SHERIFF OF ~'lIew:COUNTY, PA.,
Lancons ter County to execute this W
to law. This deputation 'being made at the request and risk 01 the plaintiff..
8. SPECIAL INSTRUCT'ONSOR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
20-7076 Civil
4. TYPE OF WRIT OR COMPLAINT
COMPLAINT IN MORTGAGE FORECLOSUR~
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NO'fE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying Llpon'or attaching allY property under
within writ may'leave same without a watchman. in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part?t such de"uty'-'or the sheriff to'any plaintltt herein tor aflY loss, destruction or removal of any such property before sheriff's sale thereof.
9,,*, ATURE otATTO NEV or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
717 291-1700 /0 II'; .Jo if)
'TO NAME AND ADDRESS ,BELOW: (This area m,ust be completed if notice is to 'be mailed) .
GIBBEL, KRAYBILL & HESS, 41 E. ORANGE ST., LANCASTER, PA 17602, ATTY ID 52067
NAME of Authorized LCSO Deputy' or Clerk
NETTE WALTON 717-295-3609
11 13 00
13.1 acknowledge receipt of thewrit I
or complaintas indicated above.
'6. I hereby CERTIFY. BI)'d RETURN that I have personally served, 0 have legal evidence of service as sh'own in '~Remarks~, 0 have executed as shown in
"Remarks", the writ orcomplaint described on the individual, company, corporation, etc;, at the address shown above oron the individual, company, cor~
paration, etc., at the aci.ldress inserted below by handing a TRUE and AiTESTEO COPY t!:lereof.
, 7. [J I hereby.certify 'a"d return a.NOT FOUND because I am unabte to '.locate the"(ndividual, company, corporation', etc., named, above. (See remarks below)
18. Nam)fnd,'title of individual served (if. not shown above) (Relationship to Defendant) 19. DNoService
L w,f e'/&4/ e.. If & h/2 ,r 9 See Rom_ Below (N~30)
20. Address of whereiserved (complete only if differentt~n shown above) (Street orRFD, Apartment No., City, Baro,.Twp. . 21. Date of Service 22. Time
State and Zip Code)
S.T.A. ~ J -~.'---
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23. ATTEMPTS
24. Advance Costs
100.00 Rill
. 30. REMARKS:
b~'p~W;::Nre 01
35: Signature of Sherr
Ie Received
9~
37.
MY COMMIS ION EXPIRES
38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE ,}
OF AUTHORIZED ISSUING AUTHORITY AND TITLE_
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY. Sheriff's Office 4. BLUE. Sheriff's Office
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IN THE COURT OF COMMON PLE'ASOFl:UMBERLAND COUNTY PENNSYLVANIA
. ' ,
CIVIL ACTION - LAW
Y.
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No. DO - /]07(.. (],-,',cr~
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NORTHWEST SAVINGS BANK
Plaintiff,
ROBERT 1. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
f MORTGAGE FORECLOSURE
NOTICE
.-
You have been sued in court. If you wish to defend against the claims setforth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or gy attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that even if you fail
to do so, the case may proceed without you and judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO, TO OR TELEPHONE THE OFFICE SET
FORTfI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator's Office
Cumberland County Courthouse
I Courthouse Square
Carlisle, Pennsylvania 17013-3387
Telephone: (717) 240-6200
TRUE COpy FROM RECORD
111 rastlmonywheroof,llwlre unto ~41t my hand
300 tile seal al said COOrt at Ca,lisl8, Pa.
C- Th~~~p~~J"L~
,otary
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GIBBE/aL, KRA YBILL & HESS ;-,-:
By: Jd~_ ~c
Donai H. Hess ,-'
Attorneys for Plaintiff ~- "
41 East Orange Street _ .
Lancaster, P A 17602 ,-"
(717) 291-1700 --<
Sup. Ct. Atty. I.D. #52067
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PURSUANT TO THE FAIR DEBT
COLLECTION PRACTICES ACT YOU
ARE ADVISED THAT THIS LAW FIRM
IS DEEMED TO BE A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
)
)
)
)
)
)
)
)
)
No.
NORTHWESTSAV1NGSBANK
Plaintiff,
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
COMPLAlNT IN MORTGAGE FORECLOSURE
1. Plaintiff, Mortgagee, is NORTHWEST SA V1NGS BANK, with an address of 744 South Broad
Street, Lititz, Pennsylvania 17543.
2. Defendant ROBERT L. BUHRIG, JR., is an adult individual believed to be residing at 107
Shirley Lane, Boiling.Springs, Pennsylvania 17007.
3. Defendant, CATHERINE A. BUHRIG, is an aduit individual believed to be residing at 1517
Rothsville Road, Lititz, Pennsylvania 17543.
4. Defendants are not members of the Anned Forces of the United States of America, nor
engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as
amended.
5. Defendants own real property known as Lot #46 Indian Hills, 107 Shirley Lane, Boiling
Springs, Pennsylvania 17007, as set forth in a deed dated April 9, 1998 and recorded April 9, 1998 in
record book 175, page 181, in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania, a copy of which is attached hereto as Exhibit "A" and incorporated by reference.
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6. On or about April 9, 1998 Defendants executed and delivered a Bond Secured by a Real
Estate Mortgage (the Note) in the just sum of $164,140.00 payable to Plaintiff, a copy which is
attached hereto as Exhibit "B" and incorporated by reference.
7. As security for the obligation of Defendants to pay Plaintiff the principal sum evidenced by
the Note, Defendants executed and delivered to Plaintiff their mortgage securing real property known
as Lot #46 Indian Hills, I 07 Shirley Lane, Boiling Springs, located in South Middletown Township,
Cumberland County; Pennsylvania, more particularly described in the Mortgage attached as Exhibit
"C" and incorporated by reference. The Mortgage was recorded April 9, 1998, in record book 1444,
page 1051, in the Office for the Recorder of Deeds, Cumberland County, Pennsylvania.
8. Defendants are the real owners of the land subject to the Mortgage.
9. The Mortgage has not been assigned.
10. Under the terms of the Note, Defendants are obligated to repay Plaintiff in monthly
installments of interest and principal in the amount of $1,133.67.
11. Defendants are in default of their obligations to pay Plaintiff as recited in the Note and
Mortgage.
12. Mortgagors have failed to pay the installments due on May I, 2000 and all subsequent
installments.
13. The Mortgage and Note provide for acceleration of outstanding principal together with all
other sums due and owing in the event of Defendants' default under any of their obligations under the
Note or Mortgage.
2
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14. The following amounts are now due and owing Plaintiff as of September 18,2000:
a. unpaid principal balance 161,605.23
b. interest at $33.11 through September 11, 2000
(based on contract rate of 7.375%) 5,403.80
c. late charges 283.40
d. costs
title and property search 35.00
property inspection report 50.00
e. attorney's fees 300.00
TOTAL: $167,677.43
Additional costs and attorney fees will accrue if the default is not resolved.
Together with interest at the per diem rate noted (b) above after September 18, 2000, other
charges and costs to date of the delivery of the sheriff's deed.
Attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at sheriff's sale. If the
Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually
incurred by Plaintiff,
15. No judgment has been entered upon the Mortgage in any jurisdiction.
16. No notice has been provided pursuant to ~ 403 of Pennsylvania Act No.6 of 1974, for the
reason that the Mortgagors and this Mortgage being foreclosed upon does not fall under the provisions
of Act 6.
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17. Notice pursuant to provisions of Act 91 of 1983 (Homeowners' Emergency Mortgage
Assistant Act of 1983) was given in the manner provided by law. A copy of the notices are attached
hereto as Exhibit "D" and incorporated herein.
WHEREFORE, Plaintiff demand judgment in rem in the amount of $167,677.43 together with
interest, other charges and costs including attorney's fees to the date of the sheriff's sale and
foreclosure and sale of mortgaged property.
Respectfully Submitted,
GIEBEL, KRA YBILL & HESS
By: ~ /{!4 ~I
Don d H. ess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, PA 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
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FAX NO. 717291 5547
P. 12
VEIUFICA1l0N
I TIMOTHY R. RHOADES, verifY that the statements set forth in the foregoing
COMPLAINT IN MORTGAGE FORIiCLOSURrl are tme and correct to the best of my knowledge,
information and belief.
1 understand that this verificaLion is subject to the penalties of 18 Pa. C.SA. Section 4904,
relating (0 unsworn falsiJiClltion to authorities.
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Timothy R. Rh es
Date:
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J't;-I:?Y. tP.,tt,
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Tlltl'erc:el No. 2&.2098-076
Tms DEED,
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in the year 0' our Lord one the
nlu lumllrul nillOlY-
MADS THli '-l~ day of 4
Iiabt (1991).
8ETWEEN DIC1IDISON ,,1"ES, a partnenlllp llOtIIitllnI of C 1. Aaker. Do..td A.
Group, WUbIrl L. Diehl 11I4 rce 1.. !boner. of ClImbe1'1and , Pen~ party or
the lint part, hllNln called
Olwllor.
11I0 R.OBaT L. BllHlUo. and CAnmRlNE A. BtJHlUG, lIu
C\IlIIberlancl COllllty, PCMI)" ania, PlIRY oCtile _4 part. hateIIl
Wl'TNUSETH. th&t in can
in hand paid, me receipt wh colla hereby ackllowledged. the IIicI
and (OlIVe)' to the lald GrII\
Gralnec(s):
. 37,000.00) DoI1IB.
tor ~ h..reby ar.Rt
AJ.L that conaln tract of IltuI'. in South M1ddlOlOn Township,
, Petlnlylvania, and more p luly id...t11led <II followa:
c1lvlaion Plat! 01 INDlAN HILLS - S
Oillc:e of the IleQordIl' olD In and Ibr Cwnborland CoIInty, P
p... 36, It !lIlC\., tho metel bcun4ll 41ICrlptl0ll Ibr wbieb loc il
"A", Incal'Jlot'lMll h..eln b)' e(erencc and made 0 pal'l hIftO{.
UNtlEA AND S\JilSECT, VEllTHELBSS. to the -aUotlS, r
noted 011 the ~nabO</O . Oiled FInal Sllh<Ilvislon Plan; AND
Dcclatallon of Proteetlvc VCIlatllS. CollditiOQ, l\utr'.ctionl and
SubdI-illicl1 1'11/1 dated 3. 1993.11III J'IlltIt'ciecllll tho om
.ror.kI, ill Miac. Book 4 PIp 698. kIcIudIas but IlOC limited
<1) WlleIlIllY clwIIl It 00_* en Ill, heraiII
IClllOllplllC)' t~ lllc \oter thU tIliee (3) yeors" tho
the witbln IlGnv or Ocloblr 1, 1!l98. w\liCllalltr event
.aid Qrafttoe(.}. uh ell' hllta, 1110:.0'''''' an4 ..ligna, IIiIII1
ON I, recorded in the
IYlllia. In Plan Bock 67.
ache4 hereto III BIlIdbit
rictlOlll and _OllIS ..
CT. PUR'fHE.B lei lb.
.011I tor Bid Pinal
. orlhe Recorder of"O'led..
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1bur(4') fcol
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EXHIBIT A
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C. E. OF LANC.
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TEL 7172939224
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wlcle CllncrOle Ildewa1ks (lnc clinS hanclIllIp 8CCeN IIclawaIIcJ It Inl
accordance with South Mi n Tcwnllllp regulations 1JId.1bIIcl
(2) All DI'Iinqe !uGnlea&I Storm Water Manqement Requl
appUcable to the herein Jot 1IIc1 detailed OIIwd 1"_
OllPllIII,
BEING a pan atthe same premiHa
recorded Au..- 'n, 1~2, in lh.
Vol. ~', P.902, ....lIled and GOIl
, h GIadyt M. Shushut, widow, by dlted and
ofdle Recorder orn.eda, ~d, . o.d Beok "V",
. to l)Io/cWon Bsta!el, a pal'tllerlhi the Grantor heteln,
AND, the $lid Grantor h....by and ~sre.. lhat it will WIlI'I'IIIt y the property
hereby IlOnveyed,
IN WITNESS WHBREOl', the 0 pertIlers oflha laid Clrantor. haYC'h set thalr handJ
and IeIls l~ dl)' Illd year lIrat wrIt1en.
StONED, SEALED BIId DBLI
III the pNNIIOe at
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NOTE
ADril 9th
1998
{CIIYI
Pennsvlvania
(Slate]
Lot #46 Indian Hills. Shlrlev La Boillna SDrlnas PA 17007
(Property Address]
1. BORROWER'S PROMISE TO PAY
In retum for a loan mal I have received. I promise 10 pay U.S. $ 164.140.00 (this amount is caUed .principaJ-), plus interest. fa
the order of the Lender. 'The Lender is Northwest Savinas Bank
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by tlans'er and, who is en1IUed to receive
payments under this Note is caDed the -Note Ho.Ider.-
2. INTEREST
Interest wiD be charged on unpaid principal untU the full amount of principal has been paid. I wil pay interest at a yearly rale of
7.375 %.. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in SecUon
6(B) of this Note.
3. PAYMENTS
(A) Time and PIllce of Payments
I will pay principal and interest by making payments fNery month.
I will make my monthly payments on the 1st day 01 each month beginning on December 1st . 1998 . I will make
these payments fNery mo(lth until I have paid all of the principal and interest and any other charges descnbed below that I may owe under.
this Note. My monthly payments will be applied to interest before principal. I', on November 1. 2028 . I sllB owe amounlS
under this Note. I wiD pay those amounts in full on that date. which is called the -maturity date.-
I will make my monthfY payments at 744 S. Broad St. Lititz. Pa 17543
or at a different place If required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 1.133.67.
4. BORROWER'S RIGHT TO PREPAY
I have the right to ma.ke payments of principal at any time before they are due. A payment at principal only is known as a-prepayment..
When I make a prepayment. I will tell the Note Holder in writing that I am doing so.
I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder wiD use aU oj my
prepayments to reduce the amount 01 principal that I owe under lhis Note. If I make a partial prepayment. there wiD be no changes in the
due date or in the amount at my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
II a taw, which applie~ to this loan and which sets maximum loan charges. is finally interpreted so that the interest or other loan charges
collected or to be collected in connection with this loan exceed the permitted limits. Ihen: (i) any such loan charse shaD be reduced by the
amount necessary to reduce the charge to the permitted limit; and Oij any sums already collected from me which exceeded permitted limits
WIll be refunded to me. TIle Note Holder may choose to make this refund by reducing the princip~1 I owe under this Note or by making a
oll'ect payment to me. If a refund reduces principaJ. the reduction will be trealed as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge far Overdue Payments
If the Note Holder hali not received the full amount of any monthly payment by the end of ~ calendar days after the date il is due.
I will pay a late charge 10 Ihe Note Holder. The amount of the charge will be 5.000 % of my overdue payment at principal and
Inlerest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If J do not pay the full amount of each monthly payment on the date it is due. I will be in default.
(C) Notice of Default
If I am in detaull. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date.
the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all Ihe interest tMI I owe on
that amount. That date must be at teast 30 days after the date on which the notice is delivered or mailed to me.
MULTISTATE AXED RATE NOTE,Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3200 12/8J~
F3787.LMG (5194) Po1ge' of 2
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(D) No Waiver By Note Holder I
Even if. al a time when I am in default, the Note Holder does not require me 10 pay immediately in lull as described above. the Note'
Holder will still have, the right to do so ill am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
It the Nole Holder has required. me to pay immediately in full as described above, the Note Holder will have Ihe right to be paid back by
me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorney's fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method. any notice that must be given to me under this Note wUI be given by delivering it or
by mailing it by Arst class mail 10 me at the Property Address above or at a diHerent address if I give the Note Holder a nollce' of my
diHerent address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail 10 the Note Holder at the
address stated in Section 3(A) above or at a different address if I am given a nolice of that different address.
8. OBUGATlONS OF PERSONS UNDER THIS NOTE
If more than one person signs Ihis Note, each person is fully and personally obligated to keep all of the promises made In this Note.
including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of Ihis Nole is also obligated to do!
these things. Any person who takes over these obligations. including the obligations of a guarantor, surety or e~dorser of this Note, is also I
obligated to keep, all of the promises made in this Note. The Note Holder may enforce ils rights under this Note against each person!
individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Nole.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. .Presentment-
means the right 10 require the Note Holder to demand payment of amounts "due. -Nolice of dishonor" means Ihe right to require the Note _I'
Holder 10 give notice 10 other persons that amounts due have not been paid. '
. I
10. UNIFORM SECURED NOTE I
This Note is a uniform Instrument with Umited variations In some jurlsdfctions. In addition to the protections given to the Note Holder t
under this Nole. a Mortgage. Deed 01 Trust or Security Deed (the "Security Instrument"). dated the same date as this Note, protects the Note t
Holder from possible losses which might resuh if I do not keep the promises which I make in this Note. That Security Instrument describes ,
how and under what conditions I may be required to make immed!ate payment in full of all amounts I owe under this Note. Some 01 those 11
conditions are described as foUows:
,
,
,
j
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest In it is sold or transferred (or if a beneficial interest in Borrower is sold or translerred and Borrower Is
not a natural person) without lender's prior written consent, lender may. al its option, require immediate payment in
full of all sums secured by this Security Instrument Howev,~, this option shall not, be exercised by lender if exercise is
prohibited by federal law as of Ihe date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower nollce of acceleration. The nolice shall provide a period
of nol less than 30 days from the date the notice is delivered or mailed wllhin which Borrower must pay aD sums
secured by this Security Instrument. If Borrower faUs to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
L4&v.-.,'}-.cf/71:; ~<1-1n h.+f a~hf:/J ~~:d
/ U - ~ 'o"o~' Robert L:- _ul1rfg, Jr. !.
/ Ii! " /1 JalLa:
Witllll~~ Borrower Catherine A. Buhrig
(Seaij
(Seal)
(Seal)
Witness
Borrower
(Seal) .
Witness
8orrower
[SIGN ORIGINAL ONL Yj
FJ787.LMG [5/94)
Page2012
7).1'11.221,\1
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ADDENDUM TO NOTE
Because the loan l/we have received provides for disbursements of principal from lime to lime for construction
purposes and a delay in the beginning of my monthly payments of principal and interest, I agree to this Addendum
to the Nole I have signed and given to Northwest Savings Bank on this date April 9. 1998
Prior to the dale M which I begin to make my monlhly payments of principal and Interest
provided in Paragrapl1 3(A) of the Note. I will pay to the Noteholder monthly payments of interest
only (calculated by the Noteholder at the Initial Interest Rate on that part of principal which has
been disbursed to me or at my direction) on the first day of each monthly beginning IJ'riC after
first disbursement , 19_, and continuing until the first day of the month
before the date specified in Paragraph 3(A) of the Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
. L~fJtf//:n
/ WITNES
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Catherine A. Buhrig - Borrower (/
(Seal)
- Borrower
Lot #46 Indian Hills, Shirley Ln, Boiling Springs PA 17007
PROPERTY LOCATION
(Seal)
- Borrower
(This addendum is to be attached to the original Note)
JS-Q1-29A/NOTE-ADO.NWB
Const. Addendum 7/86
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Northwest Savings Bank
744 S. Broad St.
Lititz, Pa 17543
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COMMONWEALTH OF PENNSYLVANIA
County of
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Recorded in the Register and Recorder's Office of said County.
in Mortgage Book Page
WITNESS my hand and officiaj seal this
day of
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Recorder of Deeds
{Space Above This Une For Recording Datal
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MORTGAGE
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THISCllIIORTGAGE ('Security Ins1nJmenl") ;" given on ADril 9. 1998
. The mortgagor is Robert L Buhria. Jr. and Catherine A. Buhria
-,
("80rrower").
This Security Instrument is given to Northwest Savinas Bank
. which is organized and existing under the laws of the Commonwealth of Pennsvlvania . and
whose address is 744 S. Broad SL Lltilz. Pa 17543
(-Lender-). Borrower owes Lender the principal sum of One Hundred SixtY Four Thousand One Hundred Fortv'
and 00/100 OoUals (U.S. $ 164.140.00 ). Th;" debt
is evidenced by Borrower's note dated the same date as this Security Instrument (-Note-). which provides for monthly payments.
with the full debt. if not paid earlier. due and payable on November 1. 2028 This Security Instrument
secures to Lender: <a) the repayment of the debt evidenced by the Note, with interest, and all renewaJs, extensions and
modifications of the Note: (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the security of
this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located
in Cumberland County, Pennsylvania:
which has the address of
Lot #46 Indian Hills. Shirlev Ln Boilina SDrinas PA 17007
(-Property Address")
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument
All of the foregoing is referred to in this Security Instrument as the "Property".
BORROWER CONVENANTS that 60rrower is lawfully seised of the estate hereby conveyed and has the right to mortgage.
grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with 6mited
variations by jurisdiction to constitute a uniform security instrument covering real property.
PENNSYLVANIA. Single Family. Fannie Mae/Fredd!e Mac UNIFORM INSTRUMENT
F10J16.L.MG (9194) Page 1 of 6
Modified Form 3039 9190
e";!~ :1444 ?~Gd051
73-81-2280
EXHIBIT C
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UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay
when due the principal of and interest 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 in full, a sum (~Funds.) for: (a)
yearly: taxes and assessments which may attain priority over this Security Instrument as a lien on the Property. (b) yearly
leaseh'~ld pa'f'Mnts or ground rents on the Property, if any. (c) yearly hazard or property insurance premiums; Cd) yearty ftood
insurance premiums, if any. (e) yearly mortgage insurance premiums. if any. and (1) any sums payable by Borrower to Lender, in
accordance with the provisions of paragraph 8. in lieu of the payment of mortgage insurance premiums. Theses items are called
-Escrow Items.. Lender may. at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for
a federally related mortgage loan may require tor Borrower's escrow aCGOUnt under the federal Real Estate SetUement Pracedures
Act of 1974 as amended from time to time. 12 U.S.C. I 2601 et.seq. (-RESPA-). unless another law that appnes to the' Funds
sets a lesser amount. If so. Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount.
Lender may estimate the amount of Funds due on the basis 01 current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumenta1ity, or entity [Including
Lender. if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items. Lender may not charge Borrower for haldtng and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items. unless Lender pays Borrower interest on the Funds ,and applicable law permits Lender to make such a
charge. Howev,er. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
used by Lender in connection with this loan. unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid. Lender shan not be required to pay Borrower any interest or earnings on the funds.
Borrower and Lender may agree in writing. however. that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge. an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security InstrUment.
If the Funds held by Lender exceed the amounts permitted to be held. by applicable law. Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by -Lender at any
time is not sufficient to pay the Escrow Items when due. Lender may so notify Borrower in writing, and. in such case Borrower
shall pay to Lender the amount necessary to make up the deficiency. BOlTower shall make up the deticiency in 1'\0 more than
\WeNs monthly payments. at Lenders sole discretion.
Upon Payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21. Lender shall acquire or sell the Property. Lender. prior to the acquisition or sale, of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this
Security Instrument
3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under
paragraphs 1 and 2 shall be applied: first. to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2: third, to interest due; fourth, to principal due; and last. to any late charges due under the Note.
4_ Charges; Uens. Bocro.wer shall pay all taxes. assessments, charges. fines and lmposltions attributable to the
Property which may attain priority over this Security Instrument. and leasehold payments or ground rents, if any. Borrower shall
pay these obligations in the manner provided in paragraph 2. or if not paid in that manner. BOlTower shall pay them on tirne
direct1y to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly. Borrower shall promptly furnish to Lender receipts iMdencing the
payments.
Borrower shaD promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien In a manner acceptable to Lender: (b) contests in good faith the lien
by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to Lender SUbordinating the lien to
this Security Instrument If Lender determines that any part of the Property is subject to a lien which may attain priority over this
Security Instrument. Lender may give BOlTower a notice identifying the Den. Borrower shall satisfy the lien or take one or more of
the actions set forth above within 10 days of the giving of I'\otice.
5. Hazard Qr Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire. hazards included within tenn .extended coverage' and any other hazards,including floods or
1J00ding. for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld. If Borrower fails to maintain coverage descn'bed above, Lender may, at Lender's option, obtain
coverage to protect Lender's rights in the Property in accordance with paragraph 7.
F'.O~'6.LMG (9$4)
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Page2of6
Form 3039 9190
8ooK1444PAGE~ :;2
73-61-2280
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All insurance policies and rent ; shall be acceptable to lender and shall. incl. 3. standard mortgage clause. lender
shall have the right 10 hold the polices and renewals. If lender requires. B~rrower shall promptly give to lender all receipts of
paid premiums and renewal notices. In the evenl of loss. Borrower shall give prompt notice to the insurance carrier and Lender.
lender may make proof of loss if nol made promptly by Borrower.
Unless lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair 0' the
Property damaged. if the restoration or repair is economically feasible and lender's security is not lessened. If the ntStoradon or
repair is not economically feasible or lender's security would be lessened. the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whelher or not then due, with any excess paid to Borrower, If Borrower abandons the
Property. or does not answer within 30 days a notice from lender that the insurance canier has offered to settle a claim. then
lender may collect the insurance proceeds. lender may use the procNds 10 repair or restore the Property or to pay sums
secured by this Security Instrument, whelher or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance poRcies and proceeds resutting form
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Al'plication; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
sixty days after the execution of this Security Instrument and shall continue to ,occupy the Property as Borrower's' principaJ
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent sJ:uUI not
be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shaD not
destroy, damage. or impair the Property, allow the Property to deteriorate. or commit waste on the Property. Borrower shall be
in default jf any forfeiture action or proceeding, whether civ~ or criminal. is begun that in Lender's good faith judgment could
result in forfeiture of the Property or otherwise materially impair the Den created by this Security Instrument or Lender's security
interest. Borrower may cure such a default and reinstate. as providect in paragraph 18. by causing the action or proceeding to be
dismissed with a mUng that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or'
other material impairment of the lien created by this Security Instrument or Lender's security Interest Borrower shall ar..o be in
default if Borrower, during the loan application process, gave materially fatse or inaccurate infonnation or statements to Lender (or
failed to provide lender with any material infonnation) in connection with the loan evidenced by the Note. including. but not
limited to, representations concerning Borrower's occupancy of the Property as' a principal residence. If this Security Instrument is
,on a leasehold. Borrower shall comply with ail the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower taUs to perlonn the covenants and agreements
contained in this Security Instrument. or there is a legal proceeding that may significantly affect lender's rights in the Property
(such as a proceeding in bankruptcy, probate. for condemnation or forfeiture or to enforce laws or regulations), then lender
may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property.
lender's action may include paying any sums secured by.a Uen which has priority over this Security Instrument. appearing in
court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under
this paragraph 7, Lender does not have to do so.
Arty amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by Ihis Security
Instrument. Unless Borrower and lender agree to other terms of payment. these amounts shall bear interest from the date of
disbursement at \he Note rate and shall be payable. with interest, upon notice 1rom Lender to Borrower requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument. Borrower shall pay the premiums required to maintain the mortgage insurance in effect If. for ariy reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantia!1y equivalent 10
the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved. by
lender, If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a
sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage
lapsed or ceased to be in effect. lender will accept. use and retain these payments as a loss reserve in lieu of mortgage
insurance. Loss reserve payments may no longer be required, at the option of lender. if mortgage insurance coverage (tn the
amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is
obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect. or to provide a loss rese....e. until
the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or
applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for inspection.
1 Q. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
F=10316.l.MG (9/94) .
Page 3 016
Form 3039 9/90
Boor.i414 PAGEi05J
13-81-2260
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In the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Security
Instn.lment. whether or not then due. with any excess paid to Borrower. In the event of a partial taking 01 the Property in which
the fair mar:ket value of the Property immediately before the taking'is equai to or greater than the amount of the sums secured
by this security Instrument immecfl8tely before the taking. unless Borrower and Lender otherwise agree in writing, the sums
secured by' this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: ea}
the total ~ount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property
immediately; before the taking. Any balanc:e shall be paid to Bonower. In the event of a partlat taking of the Property in which
the fair ~et value of the Property immecfl8tely before the taking is less than the amount of the sums sec:ured immediatefy
before the', taking. unless Borrower and Lender othmwise agree in writing or unless applicable law otherwise provides. the
proc:eeds Shad be applied to the sums secured by this Security Instrument whether or not the sums are then due.
]f the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to make
an award or seltle a claim for damages. Borrower falls to respond to lender within 30 days after the date the notice Is given.
lender is authorized to collect and apply the proceeds. at its option. either to restoration or repair of the Property or to
the sums sec:ured by this Security Instrument, whether or not then due.
Unless lender and Borrower otherwise agree in writing. any appUcatlon of proceeds to principal shall not extenct. or
postpone the due date of the monthly payments referred to'in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by lender to any successor in interest of
Bocrower shall not operate to release the nabU"1Iy of the original Borrower or Borrower's successors in interest. lender shall
not be required to commence proceedings against any suc:cessor in interest or. refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or Borrower's successors in interest. Any forbearance by lender in exercising any right or remedy shall not be
a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Boundj Joint and Several Uability; Co-signers. The covenants and
agreements of this Security InstnJment shall bind and benefit the successors and assigns of lender and Borrower. subject to
the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-slgns this
Security Instrument but does not execute the Note: (a) is co-signing the Security Instrument only to mortgage, grant and
convey that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to
pay the sums secured by this Security Instrument, and (c) agrees that lender and any other Borrower may agree to
extend. modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges. and that law is finally interpreted so that the interest or other loan charges collected or to be coUected in connection
with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
the charge to the permitted limit; and (b) any sums already conected from Borrower which exceeded pennitted Omits wm
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment
without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mairlng it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to lender. Any notice to lender shall be given by first class mail
to Lender's address stated herein or any other address lender designates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which
ea.n be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given on confonned copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or
any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without lender's prior written consent. lender may, at its option. require immediate payment in full of all sums secured
by this Security Instrument. However. this option shall not be exercised by lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
""1Q316.LMG {91941
.
Fonn 3039 9/90
.'go "" .,' 4 1054
BQOK:&.-x;' PA~E
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If Lend~r exercises this optior. ender shall give Borrower notice of acceleratio! he notice shaD provide a period of
!"lot less thal:'l 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to PaY these sums prior to the expiration of this period. Lender may invoke any
remedies Petmitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any lime prior to the earlier at (a) 5 days (or such other period as
applfcable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security
Instrument, or (b) entry of a judgment enforcing this Security InstNmenl Those concfitlons are that Borrower. (a) pays Lender all
sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but
not limited to. reasonable attorneys' fees: and (d) takes such action as Lender may reasonably requjre to assure that the fien of
this Security Instrument. Lender's rights in the Property and Borrower's obUgaUon to pay the sums secured by this Security
Instrument ahaD continue unchanged. Upon reinstatement by Borrower. this Security Instrument and the obligations secured
hereby shall remain fully effective as if no acceleration had occurred. However. this right to reinstate shaD not apply In the case
of acceleration under pmagraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partiaj interest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the -Loan Servicer-) that collects monthly payments due under the Note and this Security Instrument. There also may
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer.
Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice wiD
state the mllTle and address of the new Loan Servicer and the address to which payments should be made. The notice will
also conuvn any other information required by appJicable Jaw.
20. Hazardous Substances. Borrower shall not cause or permit the presence. use. disposal. storage. or release of
any Hazardous Substances on or in the Property. Borrower shaD not do. nor allow anyone else to do. anything affecting
the Property that is in violation of any Environmental Law. The preceding two sentences shad not apply to the presence.,
!Jse. or storage on the Property of small quantities of Hazardous Substances that are generally recogniZed to be appropriate
to normal ~idential uses and to maintenance of the Property.
Borrower shaD promptly give Lender written notice of any investigation. claim. demand. lawsuit or other action by
any governmental or regulatory agency or private party involVing the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns. or is notified by any governmental or regulatory authority,
that any I1!moval or other remediation of any Hazardous Substance affecting the Property is necessary. BOlTCwer shall
promptly tQke all necessary remedial actions in accordance with Environmental Law.
As uSli!d in this paragraph 20. "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline. kerosene. other nammable or toxic petroleum products. toxic
pesticides Md herbicides. volatile solvents. materials containing asbestos or formaldehyde. and radioactive materials. As used in
this paragraph 20. ~Environmental Law- means federal laws and laws of the jurisdiction where the Property is located that
relate to hl!!alth. safety or environmental protection.
NON-UNIFORM CONVENANTS. Borrower and Lender further covenant and agree as follows;
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall
notify Borrower of, among other things: (a) the default; (b) the action required to cure the
default; (c) when the default must be cured; and (d) that failure to cure the default as specified
may re$ult in acceleration of the sums secured by this Security Instrument, foreclosure by
judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to
reinstatf! after acceleration and the right to assert in the foreclosure proceeding the nonexistence
of a default or other defense of Borrower to acceleration and foreclosure. If the default is not
cured as specified, Lender, at its option, may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may foreclose this Security
Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred In
pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by applicable law.
F10J15.LMG (9~4)
PagEl S of 6
Form 3039 9/90
Boor.1444iAd055
73-81-2280
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22. Release. Upon payment of all sums secured by this Security Instrument. this Security Instrument and the estate
conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument
without charge to Borrower. Borrower shaU pay any recordation costs.
23. Waivers. Borrower. to the extent permitted by applicable law. waives and releases any error or defects in
proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of
execution. extension of time. exemption fann attachment, levY and sate. and homestead exemption.
24. Reinstatement Period. BOn'OWer's tfme to reinstate provided in paragraph t8 shall extend to one hour prior to
the commencement of bidding at a sheriffs sate or other sale pursuant to this Security Instrument
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Sec::urity Instrument shaD be a purchase money mortgage.
26. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on
the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument. the covenants and agreements of each such rider shaU be incorporated into and shaD amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument'
[Check appUcable box(..)]
DAdiu$table Rate Rider
Ollledueted Peyment Rider
OBaUoon Rider
OOther(s) [specify]
BY SIGNING BELOW, Borrower ac:cepts and agrees to. the tenns and CQvenants contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it
DCondominium Rider
DPlanned Unit Development Rider
ORate Improvement Rider
01-4 Family Rider
o Blweeldy Payment Rider
OSecond Home Rider
WilnZ:
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A.A..J...
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(Seal)
(Seal)
Borrower
(Seal)
Borrower
(Reserved for official seal)
Name (typed or printed)
Notarial Seal
Ia._ ~.!.
Sot.1h iddleton i.....r.. ~umberlaAd ~ty
I1:t Com_ ExpitesAug. 14, ~
My Commission expires:
Certificate of Residence
I certify that the precise place of business of the within named Mortgagee is 744 S. Broad St. Utitz. Pa 17543
F1OJ31&.LMG (9194)
.
Page 6 cl 6
Form 3039 9190
,
BoorlH4PAG, )56
73081-2280
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BEING the same premises conveyed by Dickinson.Estates~ a partnership
consisting of Chester J. Acker~ Donald A. Group, Wilbert L. Diehl and
George L. Ebener by Deed dated t1~r: I 'I . 1998, and intended to
be recorded simultaneously herewi h in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, unto Robert L. BuhrigJ Jr. and Catherine A.
Buhrig, husband and wife, the Mortgagors herein.
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800'1444 PAGE1057
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ACT 91 NOTICE
T~KE ACTION TO SAVE YOUR HOME FROM FORECLOSURE
U..to: ..J'!J..J.-!.!.. ~Vl.N
I1Jls )S_.jI!t plnC!aJ.)IO.H!<.f1..,lllaLlJuL!no!-'!J!7g~U~{LY.ou.LIlQ.illf_~.J.ILr,t~<lIl~.I. and Ihe lende,. lulelHls 10 lurecloJie Suet:Jnr:
1"'ormaUon aboul Ihe nalUre of Ihe defaull is oroylded III Ihe atlacl1ed oauc!JS.
ll!..e HOMEOWNER'S MORTGAGE ~_S.I~J~NC_s...f11QGRA~~y_.b..s abls (0 helu to save vour lfolfUt.
This Nollce elolal"! how 'he Draaram works.
r.._.....JlJJ!;/oI.!IP-"l!!l.IIJ.!.,.Y-"'L!J)yOl..M~~DYillUL<;9t(!!llMJ;JLGJl.o;D.[[J;QQliS~~IIiG.A.G.EfiCY_!YllJjJtljlg
DAYS OF THE llATE OF THIS NOTICE Take this nollce wllh YOU whl'ln YOU meAl with the iCounsellna AuenCY.
I!l!U!(I!'!J.~at!II!UIL~mlpJJgall..!!ID!!..b~r_-,~LQgnIlll!l~LQa~1 Counsellng..Agmqltts_9i~n1"...9.Y9YLc..9.!.!nJ~LIIWbU!uUlltlul
!U!l9Ltl!ll.1:blI!!<1!...lll.QYJlnunx....nt.!e-".!I2L1J~u.....!l!J:l..S.iI!Ll!.ul' Penn!lvlvlInla Houslno Finance:, ADenev 1011 Iree al 1~Roo.
~JJ.7. IPersolls willi IlJIoall'8d hearlllG call (;81117171 7RO-18691.
This Hollce conlalns Imporlant legal Information. If you have any questions, representatlves a1 the
Consumer Credit Counseling Agency may be able to help explain II. Vou mar also want fa conlact an
allorney In your area. The local bar assoclallon may be able to help you find a lawyer.
1..1\ NOT(FICACION EN AOJUNTO ES DE: SUMA IMPORTANC(A, PUES AFECTA SU oeReCHO; A CONTlNOAR V'VlENDO
EN SU CASA. 51 NO COMPRENDE EI.. CONTENIDO DE: ESTA NOTIF1CACION OBr~NG^ UNA rRAOUCCION INMEDITAMENTe
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al NUMEnO MENCION^DO
ARmOA. PUEOES SER ELEGI9LE PARA UN pnESTAMO POR EL PROGRAMA LLAMAOO "HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM" EI.. CUAL PUE:DE SALVAR SU CASA DE LA PEROIDA DEt DEReCHO A ReOIMIR SU
HIPOTECA. .
HOMEOWNER'S NAMElS): Robert L. Duhng J['. & Ca....1l!criuc ^.O~lbn&
PROPERTY ADDRESS: lUI ~ll~.ll..aiie:-nonliii!-S'prrnR~.tWl
LOAN ACCT, NO.: --r.J8I 8(J
ORIGINAL LENDER: nonl1Wes& ;)8Vl~!.lk
CUFlRENT lENDERJSERV/CER: Norl:hwest Savirms'lJanl(
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ElJlill!'!'_eBID_E!tlANl<!l\)..M~lAI!.C~ W~~!LS-'ll&X.QVllJ!OME FROM
FOR~LOSUnE ANO UI:LP YOU MAKI: FU 'Y1l1 __GAGE PAYM~
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983
(THE "ACT"), yOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY C!RCUMSTANCES BEYOND YOUR CONTROL.
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTG^GE PAYMENTS, AND
. IF YOU MEET OtHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA Hci~SING FINANCE AGENCY.
LEM.f.QDAnY...9.1AY....Qf~I..millI'..f.-Under the Act, you are entitled to a lemporl'lry slQY ollore~losure on YOUr mortgage
for Ihir!y POI days "om the dale 0' this Nolice. During f!lit/limB you must arrange rrrrd at/end a "Iace-to-I[lce~ meering willl one
01 the consumer credll counseling agencies Iisled althe end 01 this Notice. II:tlS--MS.mti9...1A~J_Oj:.suJL\!U~
l3.P.LQ&...S.....IE_YQ1.UXLf.mI..A.eflY FOI\ I=MEn.G~~SSISTANCF....YQU...MU~T RAINI.. YOUR MOI1TGAGE....Uf
IQ..UM.1:JUE rwn OF TI~IS NOTlCF GAil FO "HOW TO r.llRE YOUR MORTGAGE nFFAl1I T" EXPLAINS I lOW TO DmNG
YOIIR MOnTGAGE tiP TO nATF
Q91:Ui!.!MEill...C~NSELlNG---Mi.ENCIES-lI you meet with one 01 the consumer credil counseling agencies fisled al
the end 01 this nolice. the lender may NOT take action against you lor thirly (30) days Rfter the date 01 this meeting. !l1LwlmD.o
addreSl{9s anOfeQlJoue numb,'!U:- l.'If W!~ consorTIar r:redll counselincr am:lncies (01 tht'! C2U.lliY...lluYJlicll 'he o~
to.ldUWLaJ9..lftlJ!lt1h..at thA t'!nd nf this Notice.. II is only necessary IQ schf!dule one face-to.lace meeting. Advise your lender
im~Adi~lely 01 your inlenlions,
~~I!.Ql:LEQn MORTGAgF ASSISTANCE-Your mortgage is in delaul1lof the reasons set ,fOllh later in this Nolice (see
'ollowing pages Jo' specillc in'ormallon aboul Ihe nallJfe of you, default) JI you have tTied and are unable II' 1espJve this probJem
wilh the lender, you have Ihe rlghl 10 apply lor financial assistance Irom lhe Homeowner's Emergenc:y Morlgnge Assislance
Program. To do so. you musl rm oul, sign and file a completed Homeowner's Emergency Assislnnce Progrnm Appllcalion wilh
one 01 the designated consumer credil counseling agencies lislad at Ihe end of Ihis Notice. Only consumer credll counseUng
agencies have epplicalion!l lor the I:lrogram and they will assist you In submitting a complete eoplicalion 10 the Pennsylvania
Ilot1slng Finance Agency. Your applicalion MUST I>e liIed or poslma,ked wllhin Ihitly (30) days 01 your lace-Io-'.ace meeling.
yOU ~1 FILE YOUn APPLICATION PROMPTLY. IF YOU FAIL TO DO $0 OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERf ODS SET FOllTH /N THIS LETTEn, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FO!:t MORTGAGE ASSISTANCE WILL Be DENIED,
^GENCL~'(!Qt;f-Availabfe funds for emergency rnorlgage assisl~nce are very limited, They wilr be ,disbursed hy !fle Agency
tinder the eligibilily crileria eSlablished by the Act. The Pennsylvallla HousIng Finance Agency has sixty (60) days 10 Rlake III
decision alter il receives your appllea/ion. During Ihallime, no lorec!osure "roceedings will be pU1sued againsl you if you ha~e
mel Ihe lime requ;remellls sel lorlh above. You will be "oUlied direcUy by (he Pennsylvania Housing Finance Agency ollis
decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PEtiTION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIOERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can stili apply lor Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE OEFAULT IBrlM It UO 10 date.'
NATUn~ OF THE O~-The MORTGAGE 1'00) ~:t['tyel"a~~~ve lender on your properly focaled at:
noIlTiig,...Spfu1&:!.r l'A.1I007
IS SE~IOUSLV IN DEFAULT because:
A. '10U HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS lor Ihe following monlhs and the rollowlng amounls are now
.", due: .. I 1 . ,.mJ)
l'rlllClVOl & interest (or Moy~ June alk Ju ~...J,.::tY.J,... 1
Olher charges (eltplainiitemize): L9TeFe~v. .hnle anTJUly '" L..J1.0.:JJ4
TOTAL AMOUNT PAST DUE $3;"71:0J
B. YOU HAVE tAILED TO TAKE THE FOLLOWING ACTION (Do not use if nol alllllir.l1hle):
LXlilJ:\U 1)
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1I9~J9..GVnE.~m!Jll;.fAw.r-YtJlI mny cure the tlelnull wiU~1I1HIIHY (30) DAYS 011110 dale ollhis nolice QY P^YINGTHE
TOT^L AMOUNT PAST DUe TO THE LENDER. WHICH IS S ...:!,.511.05.__ . PLUS ANY MORTGAGE PAYMENTS AND LATE
n'AIICirs WIItCIII,lEGOME DUE: lJunlNG 1I1F. III1lHY (30) DAY PERIOD. Pavrmml", lIIulIl he mnrlA eilher l~x...JOiIIb.....JlIbim:J
1,..lli:s.;h..l&.!.l!!t.mfl'1Il."!l.:k 1lI 1Il01l!!\! olllel rnalJll IlaYi'p!e_j.\lu.l.JiO.l.1l..!.cb
_jIy"Ul.\'1<U..Jiqv.UI~Uk
'/4!Ui..JkRod..S.tcoeL
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YOll can cu.e any olhe, delauU by laking Ihe following aclion within THIRTY (301 DAYS ollhe dale ollhls lelle,. (no nnl use II nul
i.\Qplic:ltJle I
1F::'y'QI.LQ.QJtO.l.C!JD.Ell!lLD..&EAU....U -II you do nol cure the delaull wilhln THIRTY (301 DAYS ollhe dale ollhis Nullce, III. lend...
t'UlI.!ult...lg_G.AewuJJ.s_IJCJ!~!JJAliLU!!l.l!l9JJg!lY,1.J&lIlL. This means Ihallhe enli.e outslanding balance of this debt win be
rlll1!~itl(!If'1I dUf! iUlIllC!di;J1rly ;lnll VOUllltIy tll!ifl 11Ip. chtlllce 10 pay the mmlgnge in "'onthly instnllulI!lIls. II lull ImVltlfUlt ..11 the lolal
;Ulluunl Ilasl due is tlnl Illmle wilhin 1111111 Y IJU) UAYS. Ihe tender also inlends to inshucl its allulncys to situ t Icyal acliofl 10
~t..YPon YOU, 1Il0rtuaoed urouerlv.
!f....Ill.l;..t'!'IQOnul..G.E~_E...QDkQ'=.Q~teuH'..9.ti-lhe mOllgaged properly will be sold by Ihe She.ifllo pay oUllle ,"o,lyaye debt If
Ihe lemlel ,eletS your case 10 its allollleY5. bul yuu cUle Ihe delinquency belore Ihe lender begins leyal Jl.oceedillQs against you.
you Win sllll Ile retluiled lu pay Ihe leasonallle alloll1ey'5 lees that we.e aClually incuned. 1111 10 $50.00. lIowever. Illegal
proceedlllgs tI.e slmlet! against you, you wlil h.we 10 pay all,easonable allorney's lees acluallv incurred by Ihe lende, even illhey
p.llceed $50.00. Any aUome 's lees will be added to tllf! amounl you owe Ihe lender. which may aJso J'lClude olher r8aSOJUlbJe costs.
u . .
9lliIillJ..~mlE.n nEMEUIES_ The lender may also sue you pe.sonally 10' Ihe unpaid p,incipal balance and all ollie. sums due
ulUJer the rnollgaye.
omJiLt.Q_mID.&UllItO.EEf\ID.T PRlO1l.IQ..Jill.lmJfE.:.S.....SALE.-1I you have nol cllred Ihe default wilhin Ihe THIRTY (30) DAY period
.lnd foreclosure proceedingS have begufT. jl'{IU gli{I have fhe (~ht 10 Collr" the dehltrllflnd nrevenUhuaJJt.alin... IflnR UD In DIIA hour
lul.lQI.o-II.l.e~.tlQJ.ill~:Ui;;lIe...1\JJLll1.a~UhLs..qjJ~ .p.a~YJl1uutRI amnlllll Ihen DuUlJll..llIus....mluale_QUlll1e.l.dUUUlJllo.rulJlL
UHI:>.w.lJll.ll...c..JlllU1uey.:sleJl$-ilwJ~~llu.! wilh Ihe ImedosurA 'gale and IlIn... olllln cosas cWl.llKLe1.l..rtiJlLlb~EUiJl:.L..SII.ltl
<1$_slJ.ecWct.UJ!jyJi.li!!IJ.,oy..lb..ILtIillWl:UWI.I by. J,l"g,t(.o!!lliuu,..anY-.QUJeultUwle.mfWlLw.lu.lLlhQ...!llQtluaue. Cu,'ng your default fn Ihe
/lIanner sel fQllh In Ihls nollce will reslo.e you, mortgage 10 Ihe same poslllon as If you had never delaulled.
'J;AnlJ.~Lf..Q.s.~U:U,UJ-'.f.O!fE.:S_.S.Al...f_Q^I&-" i.. esCimn(ed !hat Ihe earliesf dale Ihat such a Sharirl's Sale Qllhe Inollyaged
Ilfoperly coulll be held would be app.oxllllalely _3 _ lIlonlhs from Ih. dale 01 Ihls Notice. A nollce Qllhe aclual dale ollhe
Sherilf's Sale will be sellllo you bldole Ihe sale. 01 course, Ihe amounl needed to cu,e lhe delaull will inclease the longe, you wail.
'(1)11 may find Qui al any fime exaclly whal the lequiled paytnent or aclion will be by confacting Ihe lende..
!lOW TO CONTACT TilE L!;NDEA:
tJ~~le of Lallder: Ngrlhwesl SOY ires Ilouk
Address: 7',/, S. Uruml SLL'ect
_ f.!lil~J/t!75;;]
Phone Number: 7lM25-J(XlL
Fox t~ul1lbe~17:(2)-:j(){)l.
c~~i1-;;!i;;rsol~;fllvU~idJouucs
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SFFECT OF Sjgl!ltE.UAt.....!;.-You should realize "Iaf a Sheri"., Sa'e will end your ownership 0' Ille mortgaged prOfJerty and
your rigllllo occupy ii, II you conllnue 10 live in Ihe properly alter the ShariU's Sale, a lawsuit to remove you and you, furnishings
and other bclQl1ginY$ could be slarled by Ihe lende, al any time.
A-S.s.1J.MflI.QfLQf:.2dQ1]JG.llG....E.-You _ may or ~ may nol (CHECK ONE) sell or Iransler your home 10 a buyer a'
hansleree who will assume Ihe mOftgage debt, proviUed lhal aUlhe outstanding payments. charges and attorney's lees and
costs ale paid pliO! 10 or allhe sale and thaI Ihe other requi,ements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT'
. TO SaL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTlIEn LENDING INSTITUTION TO PAY OFF THIS OEBT.
. TO !lAVE TillS DEFAULT CURED BY ANY THIRD PAlHV ACTING ON YOUR BEHALF.
. TO IlAVE TilE. MORTGAGE RESTOR EO TO mE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE nlls RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY
CALENDMl YEAR)
. TO ASSEnT TilE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTlIER LAWSUIT
INSTITUTED UNDEn TilE MORTGAGE DOCUMENTS.
. TO ASSEHT ANY OTHER DEFENSE YOU DEL/EVE YOU MAY HAVE TO SUCH ACTION DY T/-IE lENDEH.
. TO SI::EK PROTECTION UNDER TilE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
('.otl9\mcr. Credit &. Debt CD\lnseli~ Cenus Credit HaI18R.enent
I::BOO-,20=21]2 ~::SOO7:iIH(WI
Crali ~Couno~l~ Ceulers of "'""ica
_1-800-1,9J-222t_
Collsu",r Credit Counseling
1-888-599-2227
o CREDIT COUNSELING AGENCIES ARE LISTED ON THE ATTACHED PAGE
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. Print your name and address on the reverse
so that we can return the card to you,
. Attach this card to the back of the mailpiece,
or on the front W space pennlls.
1. Article Addressed to:
. . ~ , . "...nert L Buhrig Jr
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Restricted Delivery is deSired.
;~ur name and address on the reverse
..hat we can return the card to you.. .
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on the frOnt if space permits.
mete Addressed to:
Catherine A Buhrig .
c/o Carolyn G postlethwait
1717 Rothsville RD
lltitz Pa 17543
3. Service Type
XI Cortffied Mail
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4. Restricted Oeiivery? {Extta Fee)
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o Return Receipt for Merd1andlse
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2. Artlole Number (Copy 'Illm service/sbel) 7099 3400 fXX)7 Olll 4106
Domestic Return Receipt
102595-99-M-1789
PS Form 3811. July 1999
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
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PRAECIPE
NORTHWEST SAVINGS BANK
Plaintiff,
No. 00-7076 Civil Term
ROBERT 1. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
PLEASE REINSTATE THE COMPLAINT.
DATE:December 14,2000
GIEBEL, KRA YBILL & HESS
By: ~~
Donald H. ess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing
document upon the person and in the manner indicated below, which service satisfies the requirements
of Pa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GIBBE~YBILL & HESS
By: r/P
1
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. J.D. #52067
Date: December 14, 2000
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2000-07076 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Aijl'e:rl<i!~(;I'
NORTHWEST SAVINGS BANK
VS
BUHRIG ROBERT L JR ET AL
R. Thomas Kline
, Sheriff
, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
BUHRIG ROBERT L JR
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOTICE
NOT SERVED , as to
the within named DEFENDANT
, BUHRIG ROBERT L JR
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
RETURN NOT FOUND AS PER ATTY HESS 12/7/00, PROPF.RTY.IS VACANT
Sheriff's Costs:
Docketing
Service
Not Served Return
Surcharge
6.00
6.20
5.00
10.00
.00
27.20
so.ans_~~
~MAS ~LINE
SHERIFF OF CUMBERLAND COUNTY
GIBBEL, KRAYBILL & HESS
12/08/2000
Sworn and subscribed to before me
thl's /j'd:: d f An I
ay 0 "~P"..JAJ.
olCv1J A. D.
c~ t2 ~,,~. ,'~f~
prfj:;, honotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-07076 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NORTHWEST SAVINGS BANK
VS
BUHRJG ROBERT L JR ET AL
DOUGLAS DONS EN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law, .~
says, the within COMPLAINT - MORT FORE
was served upon
BUHRIG ROBERT L JR
the
DEFENDANT
, at 0009:45 HOURS, on the 28th day of December, 2000
at 209 LOUISA LANE
MECHANICSBURG, PA 17055
by handing to
ROBERT L. BUHRIG
a true and attested copy of COMPLAINT - MORT FORE
together with
REINSTATED W/NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So ;:~~~~/'~~
:1
R. Thomas Kline
Sworn and Subscribed to before
12/29/2000
GIBBEL, KRAYBILL & HESS
By: Q /J
, LL .//--
eputy Sheriff
me this 3.ul.. day of
(~;'WJ"7 diN I A.D..
(~,~/t-< . a ~/ ~
rothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
)
)
)
)
)
)
)
)
)
PRAECIPE
NORTHWESTSAVlNGSBANK
Plaintiff,
No. 00-7076 Civil Tenn
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
!:
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please file the attached Acceptance of Service fonn.
GIBBEL, KRA YBILL c'io HESS
By:
1-1/ 1M-
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. !D. #52067
<on, ~ ~~ .''-'
- ,,","~--",-. , ,.'." " "lliIii~;j!!i"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
v.
)
)
)
)
)
)
)
)
)
No. 00-7076 Civil Tenn
NORTHWEST SAVINGS BANK
Plaintiff,
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
ACCEPTANCE OF SERVICE
I, Robert L. Buhrig, Jr., the undersigned, Defendant in the above-captioned civil action, do
hereby accept service of the Complaint in Mortgage Foreclosnre filed on October 13, 2000 and
reinstated December 18, 2000.
Date: Jcv-.""'7 7j ~6() /
)
F:xeJ 1/4/0-1
/~ C<f7 "" to Jlow.
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CERTllnCATEOFSERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy ofthe foregoing
document upon the person and in the manner indicated below, which service satisfies the requirements
ofPa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Robert L. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, PA 17055
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GIBBEL~L & HESS
By: V Ai-
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
Date:
1/ "/0 I
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-07076 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NORTHWEST SAVINGS BANK
VS
BUHRIG ROBERT L JR ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
TERRE TENANTS
but was
unable to locate Him in his bailiwick. He therefore returns the
REINSTATED COMPLAINT-MORT,
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, TERRE TENANTS
ABOVE PROPERTY IS VACANT.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
.00
.00
.00
.00
.00
.00
~
Soan: ~
. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this .;?3d day o~,<",?
k/ _A.P.
pro~b::ryC- ~ ,#
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
)
)
)
)
)
)
)
)
)
PRAECIPE
NORTHWEST SAVINGS BANK
Plaintiff,
No. 00-7076 Civil Term
ROBERT L. BUHRlG, JR. and
CATHERINE A. BUl-IIiO
Defendants,
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Please enter in .rem judgment by default for Plaintiff and against Defendant Catherine A.
Buhrig in the amount of $173,415.10, together with interest and costs, for failure of Defendant
Catherine A. Buhrig to respond to the Complaint and further failure of Defendant Catherine A. Buhrig
to respond to the 10-day Notice of Default.
Notice of intent to file the Praecipe for Entry of Judgment, pursuant to Pa.R.C.P. 237. I was
given January 11,2001, which is more than ten (10) days prior to the filing of this praecipe, copies of
which are attached hereto.
GIBBEL, KRAYBILL & HESS
By:
i-il/M-
D aid . Hess
Attorneys for Plaintiff
4 I East Orange Street
Lancaster, PAl 7602
(717) 291-1700
Sup. Ct. Atty. ID. #52067
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing
document upon the person and in the manner indicated below, which service satisfies the requirements
ofPa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Robert L. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, PA 17055
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GffiBEL, KRAYBILL & HESS
By: 14pt-,
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
Date:
"2../1/~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NORTHWEST SAVINGS BANK
Plaintiff,
v.
)
)
)
)
)
)
)
)
No. 00-7076 Civil Tenn
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
TO: Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
Date of Notice: /~ II) :<00 (
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WIlli THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORlli AGAINST YOU. UNLESS
YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WIlliOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone (717) 249-6166
GIBBEL, KRA YBILL & HESS
By:
!J/H - ~
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. llD. #52067
, ,
.- -,j
""I ,~
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that on the date indicated below, 1 served a copy of the foregoing document
upon the person and in the manner indicated below, which service satisfies the requirements of
Pa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Robert L. Buhrig, Jr.
P.O. Box 1412
MechaJlicsburg, PA 17055
Catherine A. Buhrig
1517 RothsviIle Road
Lititz, Pennsylvania 17543
GffiBEL, KRA YBILL & HESS
By: I-II/t#~. --
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. 1.0. #52067
Date:
/ /11 /0 /
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
CML ACTION - LAW
v.
)
)
)
)
)
)
)
)
)
PRAECIPE
NORTHWEST SAVINGS BANK
Plaintiff,
No. 00-7076 Civil Term
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Please enter in rem judgment by default for Plaintiff and against Defendant Robert L.
Buhrig, Jr. in the amount of$173,415.10, together with interest and costs, for failure of Defendant
Robert L. Buhrig, Jr. to respond to the Complaint and further failure of Defendant Robert L. Buhrig,
Jr. to respond to the 10-day Notice of Default.
Notice of intent to file the Praecipe for Entry of Judgment, pursuant to Pa.R.C.P. 237.1 was
given February 2, 2001, which is more than ten (10) days prior to the filing of this praecipe, copies of
which are attached hereto.
GIBBEL, KRAYBILL & HESS
By:
lJ j#-.
Ddnald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. !D. #52067
.' """,- , ~ .."' -, ,~
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CERTWICATEOFSERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing
document upon the person and in the manner indicated below, which service satisfies the requirements
of Pa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Robert L. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, PA 17055
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GIEBEL, KRA YBILL & HESS
By: 1~4~
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
Date:.
.-z. ))5;' /0/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA
CIVIL ACTION - LAW
NORTHWEST SAVINGS BANK
Plaintiff,
v.
)
)
)
)
)
)
)
)
No. 00-7076 Civil Term
ROBERT 1. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendants,
IN MORTGAGE FORECLOSURE
TO: Robert 1. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, PA 17055
Date of Notice: r.r B
.2 ..2. c:> a /
:
IMPORTANT NOTICE
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 OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
Telephone (717) 249-6166
GIEBEL, KRA YBILL & HESS
By: DL;i~~
Attorneys for Plaintiff
41 East Orange Street
Lancaster, P A 17602
(717) 291-1700
Sup. C1. Atty. !D. #52067
l"
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-~,:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing document
upon the person and in the manner indicated below, which service satisfies the requirements of
Pa. R.C.P. 440.
Service by First Class Mail, addressed as follows:
Robert L. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, P A 17055
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
GIBBEL, KRAYBILL & HESS
By: I./~
7
Donald H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster, PA 17602
(717) 291-1700
Sup. Ct. Atty. I.D. #52067
Date:
:1---/7..../0/
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".S POSTAL SERVICE CERTIFICATE OF MAILING
MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
I Affix fee here in stamps
or mAtAr nO!;tRnA Rnrl
Received From:
GIBBEL KRAYBILL & HESS
41 EAST ORANGE STREET
LANCASTER PA 17602
One piece of ordinary mall addressed to:
ROBERT .L BUHRIG JR
PO BOX 1412
<
MECRANICSBURG PA 17055
PS Form 3817, Mar. 19B9
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DMSION
PRAECIPE TO SETTLE, SATISFY, DISCONTINUE
v.
)
)
)
)
)
)
)
)
)
Case No. 00-7076 Civil Tenn
NORTHWEST SAVINGS BANK
Plaintiff(s)
ROBERT L. BUHRIG, JR. and
CATHERINE A. BUHRIG
Defendant( s)
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Please mark the above matter satisfied, settled, ended, discontinued and costs paid.
GIEBEL,
YBILL & HESS
By:
Don Id H. Hess
Attorneys for Plaintiff
41 East Orange Street
Lancaster;P A 17602
(717) 291-1700
Sup. Ct. Atty. !D. #52067
DISCONTINUANCE CERTIFICATE
AND NOW, .r~I~
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suit has been marked as above directed.
~
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the date indicated below, I served a copy of the foregoing document
upon the person and in the manner indicated below, which service satisfies the requirements ofPa. R.C.P.
440.
Service by First Class Mail, addressed as follows:
Catherine A. Buhrig
1517 Rothsville Road
Lititz, Pennsylvania 17543
Robert L. Buhrig, Jr.
P.O. Box 1412
Mechanicsburg, P A 17055
9//"7/)~
~Z/_&~SS
Don6ld . Hess
Attorneys for Plaintiff
Date:
41 East Orange Street
Lancaster, PA 17602
(717) 291-1700
Sup. Ct. Atty. nD. #52067
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