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HomeMy WebLinkAbout03-2190MEMBERS 1ST FEDERAL CREDIT UNION PLAINTIFF, VS. VINCENT E. WASHINGTON and MELISSA A. WASHINGTON DEFENDANTS. IN THE COURT OF COMMON PLEAS · CUMBE~D COUNTY, PENNSYLVANIA · NO.' 03 "' ,~/gb · CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATYEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR (800) 990-9108 10. Cumberland County, Pennsylvania, known and numbered as 44 Wildwood Road, Newville, PA 17241 ("Property"). At all times relevant hereto, Defendants were and continue to be the record and sole owners of the Property. A description of the property is attached hereto as Exhibit "B' and made part hereof. On or about March 12, 2002, the Mortgage was recorded in the Cumberland County Recorder of Deeds Office at Mortgage Book 1751, Page 4196. A true and correct copy of the Mortgage is attached hereto as Exhibit "C' and made part hereof. The Mortgage has never been assigned by Members 1~t and is still held by it as a valid and subsisting obligation of Defendants. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 1 st monthly installments of principal and interest in the amount of at least $920.84 each beginning on May 1, 2002 and continuing on the first day of each month thereafter. Defendants are in default of Defendants' obligations under the Note and the Mortgage as a result of Defendants' failure to make the payments due to Plaintiff as set forth therein. Pursuant to the Act of January 30, 1974, P.L. 13, No. 6, 41 P.S. section 101, et. seq., and in particular section 403 thereof, Members 1 ~t through its servicing agent Midwest Loan Services, Inc., gave written notice to Defendants of its intent to foreclose by letter dated March 4, 2003, addressed to Defendants via certified mail, return receipt requested. A copy of the said notice is attached hereto as Exhibit "D" and made part hereof. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No 91, 35 P.S. Section 1680.401(c), et. seq., a Notice of Intent to Foreclose and of Defendants' rights under said Act was forwarded to the Defendants on March 4, 2003, via certified mail, return receipt requested. Members 1 ~t believes, and therefore avers, that Defendants have not applied for assistance under the Act. A copy of the said notice is attached hereto as Exhibit "E' and made part hereof. 11. 15. 16. 12. 13. 14. A copy of Postal form 3877 evidencing the mailing of said Notices is attached hereto as Exhibit "F" and made part hereof Members 1st has received postal form 3811 evidencing the receipt of the Notices by Defendants copies of which are attached as Exhibit "G" and made part hereof. Simultaneously, Members 1st, through its servicing agent Midwest Loan Services, Inc., forwarded to Defendants the same Notices as set forth in paragraphs 9 and 10 above addressed to Defendants by United States mail, first class, postage prepaid, bearing the return address of Members 1 ~t's servicing agent. The Notices forwarded to Defendants in said manner have not been returned to the offices of Midwest Loan Services, Inc., as undeliverable or otherwise. As of the date hereof, Defendants are indebted to Members 1st in the amount of ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED FIFTY- FOUR AND 52/100 ($111,554.52) dollars itemized as follows: a. Outstanding principal $106,888.69 b. Interest to May 2, 2003 2,633.75 c. Late fees 184.16 d. Corporate Advance 287.92 e. NSF Fees 60.00 e. Attorney's fees 1,500.00 f. Total due to Members 1st as of May 2, 2003 $111,554.52 Defendants also agreed under the terms and conditions of the Note that in the event of default there under Defendants would pay, in addition to the amounts set forth in paragraph 14 above, costs incurred by Members 1 st as a result of the institution of these legal proceedings. The obligation owed to Members 1~t continues to accrue interest at the rate of $17.20 per day, through the date of payment, including on and after the date of entry of judgment on this Complaint, and continues to accrue late charges and attorney's fees. 17. As set forth above, Members 1 st has made demand upon Defendants to cure the default under the Mortgage and the Note. However, as of the date hereof, Defendants have failed and refused to cure the default. WI:IEREFORE, Plaintiff, Members 1st Federal Credit Union, demands judgment against Vincent E Washington and Melissa A. Washington in the amount of ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED FIFTY-FOUR AND 52/100 ($111,554.52) plus interest at the rate of $17.20 per day, through the date of payment, including on and after the date of entry of the judgment on this complaint, additional attorney's fees and costs of suit and for foreclosure and sale of the mortgaged property. Date: Respectf611y submitt%fl-~ ~ /l~arl M( ~e~te~ohm, ~sq. / Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff NOTE March 11, 2002 MECHANICSBURG Pennsylvania [Date] [City] [State] 44 WILDWOOD ROAD,NEWVILLE,PA 17241 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $110,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. 2Vne Lender is MEMBERS 1ST FEDERAL CREDIT UNION Federal Credit U n i on , I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5. 8750 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on May 1, 2002 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2017 , I still 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 , P. 0. BOX 40 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 920.84 I~ECI-I32~ICSBURG, PA 17055 or at a different place if required by the Note Holder. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment cd,Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in ~v~O.{ing that~Tam'doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payment~,dii~'i..um;!er, theNo~'.'~ I may make a full Prepayment or partial Prepayments without p~a'yin~'a PrePayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and u~paid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the 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. WASH I NGTON 21123 211233 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Q -5N (ooo51 MW 0S,'00 Form 3200 1/0~ ~) VMP MORTGA6F FORMS- 1800)521-7291 ~ Page I of 3 Initials: 0 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.0000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the 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 attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or 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 TItlS NOTE If more than one person signs this Note, each person is fully and personally obligated to.k ..cop.all of the promises made in this Note, including the promise to pay the full amount owed. Any person w~o,~s .a.gua~affior, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obli~t..i.o.~...,-in~h~difig~t~e obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises ii,ad6 in this Note. The Note Holder may enforce Its ngh under this Note against each person individually or again.qt all of us together. This means that any one of us may be required to pay all of the amounts owed under ihis Note. 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 to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor' means the right to require the Note Holder to give notice to other persons that mounts due have not been paid. WASHINGTON21123 (~)~-SN 211233 Form 32~_~? Pag6 2 of 3 Initials: 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 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 permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. VINCENT E WASHINGTON /~' _Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower -Borrower [Sign Original Only] WASHINGTON21123 211222 Page 3 of 3 Form 3200 1/01 '~ALL THAT CERTAIN tract of land, together with the improvements thereon constructed and erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to wit: BEGINNING at a point, a railroad spike, in the bed of Wildwood Road (T-449) at a common corner of Lot 4 and Lot 5 as shown on the Subdivision Plan for Leon P. Kline, dated July 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, Page 18; thence along the aforesaid Lot 4, North 87 degrees 33 minutes 25 seconds East, 704.09 feet to an iron pin; thence along lands now or formerly of Leon and Joan Kline, South 31 degrees 32 minutes 44 seconds East, 332.77 feet to an iron pin; thence along lands of same and within an easement of Mobil Pipeline Company, South 86 degrees 54 minutes 58 seconds West, 1000.00 feet to a railroad spike in the bed of Wildwood Road (T-449); thence within the bed of the aforesaid public road, North 02 degrees 30 minutes 00 seconds West, 83.75 feet to a railroad spike; thence continuing within the bed of the aforesaid public road, North 56 degrees 30 minutes 00 seconds East, 67.55 feet; thence within the right-of-way of the aforesaid public road and along lands now of formerly of Rolf Blume, North 39 degrees 00 minutes 00 seconds East, 146.85 feet to an iron pin; thence continuing within the right-of-way of the aforesaid public road and along lands of same, North 18 degrees 30 minutes 00 seconds West, 76.19 feet to a railroad spike, the point and place of BEGINNING. CONTAINING 5.637 acres, more or less. BEING all of Lot 5, as shown on the Subdivision Plan for Leon P. Kline, dated July 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, Page 18. SUBJECT to conditions, restrictions, set-back lines and easements appearing on the aforesaid Subdivision Plan. Tax Parcel No. 43-04-0385-065 Bi{1751PGL 2 1 2 EXHIBIT B I Certify this to be recorded In Cumberland County PA ~~deWar of D~ed ~ [.,j ¢~ERLkN900UNTY ' ?~ Prepared By: Return To: Gwen R. Stoner MEMBERS 1ST F.¢.U. 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 Parcel Number: 43-04-0385-065 [Space Above This Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defmed below and other words are defmed in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 11 2002 together with all Riders to this document. ' (B) "Borrower" is VINCENT E WASHINGTON and MELISSA A WASHINGTON Borrower is the mortgagor under this Security Instrument. (C) "Lender"is MEMBERS 1ST FEDERAL CREDIT UNION Lenderisa Federai Credit Union WASHINGTON21123 211233 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~I~-6(PA) tooos} Page 1 of 16 MW 08/00 Initials: VMP MORTGAGE FORMS - {800)521-729~ 0 Form 3039 1/01 81( 1 75 1P61 1 96 EXHIBIT C organized and existing under the laws of THE UNITED STATES OF AMERICA Lender's address is P.O. BOX 40, MECHANICSBURG, PA 17055 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated March 11, 2002 The Note states that Borrower owes Lender One Hundred Ten Thousand and no/100 Dollars (u.s. $110,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Apri 1 1, 2017 0g) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and ail sum.q due under this Security Instrument, plus interest. {G) "Riders" means ail Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ~'] Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider [~ Bailoon Rider [~] Planned Unit Development Rider ~-] 14 Family Rider ~] VA Rider [--] Biweekly Payment Rider ~ Other(s) [specify] (It) "Applicable Law" means all controlling applicable federai, state and locai statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as ail applicable final, non-appeaiable judicial opinions. (l) "Community Association Dues, Fees, and Assessments" means ail dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminai, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financiai institution to debit or credit an account. Such term includes, but is not limited to, point-of-saie transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated cleariaghouse transfers. ,. ........ (IO "Escrow Items" means those items that are described m $~ectlon'~. ~" .*- ~.~. (L) "Miscellaneous Proceeds" means any compensation, settlement, a~a~ of damages, or proceeds, paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of ail or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the vaiue and/or condition of the Property. ~ "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. ON) "Periodic Payment" means the regularly scheduled amount due for (i) principai and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. WASH I NGTON21123 211233 I~ 0 InltP, l$: -81r'A! ~ooom Paoo 2 o~ ~e ~ roma 303~ l/Ol 1 75 I 197 (O) "RF~PA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3S00), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower). means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the C01YRTY [Type of Recording Jurisdiction] of CU~VlBERLAND Schedule "A" Attached [2~ame of Recording Jurisdiction]: which currently has the address of 44 WILDWOOD ROAD ...~ ~.:. ,,~...~,~ ("Property Address"): [ci~].~,:P~sy~,,ama 17241 [Zip C~e] 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." WASHI NGTON21123 211233 Initiela:,,, ~ 0  -6(PA) {0008) Page 3 of 16 ~)~/ Form 3039 1/01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property again.~t all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described An-:tlii~ Section 2, all payments accepted and apphed by Lender shall be apphed m. the,foHowmg~og, d..$r of priority: (a) mterest due under the Note; Co) principal due under the Note; (c)¥amounts '~t~'~ier' Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be WASHINGTON21123 211233 ,~/ 0 Initials: I~-6(PA) (ooos) P~,4 of 16 ~ Form 3039 1/01 81( 1 75 I 1 99 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for ail purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender ail Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and Co) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance'with Applicable Law. The Funds shall be held in an institution whos'~'"~poSi~t~' :" "Itl'e' insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so imured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing 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. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest WASH I NGTON21123 211233 0 Initlal~: (~)~'6'PA, (ooom Pag. 5 of 16 /~// Form 3039 1/01 SKI 75 i PI 200 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as def'med under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as def'med under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends again.~t enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any Other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance, shall be chosen by Borrowgr subject to Lender's right to disapprove Borrower's choice, which right shall no[ be.~xe~c~i,,~'se~d~."~easonably' Lender may require Borrower to pay, in connection with this Loan?~her:~(a)-~ '~iie'-~ charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services, and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. WASHINGTON21123 211222 0 Initials: ~ (~-6(PA) {o008} Page 6 of 16 ~ Form 3039 1101 If Borrower falls to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any.~available insurance .claim and related matters. If Borrower does not respond within 30 days. tq..a notic~ from Lender that the _m_s_.ur_ ~an~,~ ~a~ner. has. offer, ed to settle, a c!mm, then Lender.,may ne~.e~and~se~e the claim The 30-da [~CllOO Will Degm wnen the notice is elV~ 1,., .;+~. ......... =.: .... .-.~ . · Y e, .... ,,, u~ul~t cvcut, or ir Lenoer acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any 'other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. WASH I NGTON21123 211233 Initials~ 0 '6~PA) IO00S! Page 7 oe ~6 Form 303~ 1/01 1751PG 202 6. Occupancy. Borrower shall occupy, establish, and use thc Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in banlcruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regular.ions), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and fights-troffer this Security Instrument, including protecting and/or assessing the value q~f the~Property'¥..a~, ~,~ecuring and/or repairing the Property. Lender's actions can include, but are not llmited~-to: (a)' Daymg any s~]m.~ secured by a hen which has priority over this Security instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect, its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. WASHINGTON21123 211233 l,~r/ 0 Initials: tI~-6(PA) (ooo$~ P,uesof~s ~ Form 3039 1/01 Ill( 1751PG[ 203 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-rcfundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, y purchaser o£ .the Nete~,':,a~6~er insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, ~y"~ive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage in~urer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance.' Further: (a) Any such agreements will not affect the mounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. WASHINGTON21123 211233 ~/ 0 Initials: (~)~-6(PA) ;ooom P,g, S or ;6 ~ Form 3039 1/01 BI(175 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opporumity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrtunent, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to 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 Opposing Party (as defmed in the next sentence) offers to make ~ awarS:~to 's~ettle a claim for damages, Borrower fails to respond to Lender within 30 days after the'date, _lhe-notiee IS'ii, eh, Lender is authorized to collect and apply the Miscellaneous Proceeds either to"~e~t6~ation or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be WASH I NGTON21123 211233 0 Initials: ~ (~)~-6{PA) Iooom Pao, lo of ~6 ~ Form 3039 1/01 1751PG[ 20$ dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the snms secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is Rnally interpreted so that the interest or other loan charges collected or to be collected in connectio~ with the Loan exceed the permitted limits, then: (a) any such loan charge shall be.~duced~b¥~...th~,amom~t necessary to reduce the charge to the permitted limit; and Co) any sums already collected" f~om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to m~ke this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to WASHINGTON21123 211233 0 Initials: ~ I~-6(PA) (0008) PaOs ~ of 18 ~ Form 3039 1/01 7,5 .I have been given to Borrower when mailed by first cia.ss mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mall to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required uno, er Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordauc~ with Section 15 within which Borrower must pay all sums secured by this Security~ Instnunen~. If'Borrower falls to pay these sums prior to the expiration of this period, Lender' may .~mvoke <any Ye~nedies pernutted by this Security Instrument without further notice or demand on BorroWer.: 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such othcr period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 WASHINGTON21123 211233 ,~/ 0 Initials: (~)~-6(PA) (ooom Page 12 of 16 ~ Form 3039 1101 175 t PG 2.O7 agreements; (c) pays all expenses incurred in enforcing this Security Instrumem, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; Co) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might 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 which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. ltazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances dermed as toxic or hazardous substances, pollutants, o1~ vgastes 'by ~*nvironmental Law and the following substances: gasoline, keroSene, o ..... · ....... ' ther. fl. amm~.bl~ o[ ,.toxic 'petrOleum products, toxic pesticides and herbicides, volatile solvents, materials contmmng asoestos or formaldehyde, and radioactive materials; (b) 'Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety Or environmental protection; (c) 'Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. WASHINGTON21123 211233 ~ 0 initials: _ (~-6{PA, ¢ooo0) Page 13 of 16 ~ Form 3039 1/01 7,5 1 PGL 208 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) 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, Co) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, 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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. 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 Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; Co) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of 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 ali expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. 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. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and r~I&~ses any error or defects in proceedings to enforce this Security Instrument, and hereby wai~.~,~e~benefit of any present or future laws providing for stay of execution, extension of ti~ne, exemption.. from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. 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. 27. 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. WASHINGTON21123 211233 it'll 0 Initials: (~-6(PA) looos} Paoa 14 of 16 /~/ Form 3039 1101 1751PG[ 209 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) VINCENT E WASHINGTON -Borrower ISSA A ~ASH'INGTO'N' 0 (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower .r ,-~ F:'~: -Borrower WASHINGTON21123 211233 0 iI~-6(PA) (ooos! P~o~ 1 s of 16 Form 3039 1/01 ~' 17:5 1 PG ~ 2 I0 Certificnte of Residence I, GWEN R. STONER the correct address of the within-named Mortgagee is Witness my hand this 1 ITH P.O. BOX 40, day of N_ARCH , 2002 , do hereby certify that MECHANICSBURG, PA 17055 Agent of lvlot~pgee COMMONWEALTH OF PENNSYLVAJqlA, CU-~fBERL~ County ss: On this, the 11TH day of HARCH 2002 , before me, the undersigned officer, personally appearedVINCENT E WA.~HINGTON and MELISSA A WASHINGTON known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Diane M. Smith. Notaw [~.och~anlcsbur~i Bo_re, .Cur~. 'dand cou~l My c;ommiss~on ~:xp~rea dune ~2, 2004 Tire of On'mr 211233 Page 18 of 18 (~)~-6(PA) (ooos) Form 3039 1101 ~ 17 5 1 Pi;. Ls 2 i, I ALL THAT CERTAIN tract of land, together with the improvements thereon constructed and erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to wit: BEGINNING at a point, a railroad spike, in the bed of Wildwood Road (T-449) at a common comer of Lot 4 and Lot 5 as shown on the Subdivision Plan for Leon P. Kline, dated July 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, Page 18; thence along the aforesaid Lot 4, North 87 degrees 33 minutes 25 seconds East, 704.09 feet to an iron pin; thence along lands now or formerly of Leon and Joan Kline, South 31 degrees 32 minutes 44 seconds East, 332.77 feet to an iron pin; thence along lands of same and within an easement of Mobil Pipeline Company, South 86 degrees 54 minutes 58 seconds West, 1000.00 feet to a railroad spike in the bed of Wildwood Road (T-449); thence within the bed of the aforesaid public road, North 02 degrees 30 minutes 00 seconds West, 83.75 feet to a railroad spike; thence continuing within the bed of the aforesaid public road, North 56 degrees 30 minutes 00 seconds East, 67.55 feet; thence within the right-of-way of the aforesaid public road and along lands now of formerly of Rolf Blume, North 39 degrees 00 minutes 00 seconds East, 146.85 feet to an iron pin; thence continuing within the right-of-way of the aforesaid public road and along lands of same, North 18 degrees 30 minutes 00 seconds West, 76.19 feet to a railroad spike, the point and place of BEGINNING. CONTAINING 5.637 acres, more or less. BEING all of Lot 5, as shown on the Subdivision Plan for Leon P. Kline, dated July 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, Page 18. SUBJECT to conditions, restrictions, set-back lines and easements appearing on the aforesaid Subdivision Plan. Tax Parcel No. 43-04-0385-065 I Certify this to be recorded In Cumberland County PA BI{'I '75 t PG 2:12 March 4, 2003 MIDWE~'f LOAN SERVICES, INC. 6! 6 SIIELDEN AVENUE, SUITE 300 PO BOX 144 I-1OUGJ~rI'ON, MI 49931 =0144 $00-262=6574 Vinu~ilt E. Washington Melissa A. Washington 44 Wildwood Road Newville, I-'A 17241 Pd2: Loan #66191 INTENTION TO FORECLOSE AND ACCEIolC~RA'~E LOAN BALANCE Under Section 403 o£Pennsylvaniu Act No. 6 or 1974 The Mortgage held by Members 1" Ft,-d0raI Credit Union, on your pror, city located at 44 Wildwood Road. Newvilk:, PA 17241. IS IN S~'-KIOU$ DEFAULT because you have not made the monthly I:nayment of $1,061.76 for the months o£ Sanitary 2003 through March 2003. l,at~: charges have also accrued to th/s dat~ in the amount o£$92.0~ plus NSF foes in the 0anoont of $60.00. Tt~e total amount now requited to uure this default, o£ in other words, get caul/itt up in your paymt:nta, aS of tho date of this letter is $3~337.36. You may cure this dethult with thirty (30) days of the date of this letter, by paying to us th~ above amount of $3,337.36, Plus 9ny additional mont.h,!v uaYme, nts and latg ehar~ea whi~:h may fall due during_this t)erior_! Such payment must be made either by cash, Cashier's check, certified check or money order and mude at thc office o£ 1vlidwest T.oan ,~crvices, Inc., 616 Sheldon Ave, Suite 300~ PO ~ox 188, iloughton, MI 49931. Lf you do not uui'e the cIet~ult with THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means lhat whatever is owin~ on th~: original amount bofiowod will be considered duc immediately and you may lose tile chance to pay oiY the original mortgage iii mollthly installments. IF Full p/lylllellt of the amount o1' default ia not made within TI-HRTY (30) DAYS, we also intend to start a lawsuit to Foreclose your mortgaged prolx:rty, tr file mortgage is foreclosed, your mortgaged property will ix: stfld by the SheritYto pay offthe mortgage debt. If we refer your ca,~ to our attorneys, but yollr cure the default bcfi)ru they begin legal procct:dings aiainst you, you will still have to pay th~ reasonable anorney's fees actually inout'red, up to $.50.00. ~)w~v~,r, i.tlegal pr.o_~, edmgs are started again,~t you, you will have to pay the .r.c,a~tmal~l¢ armmey$ rfc cyan Dr they ar~ over $$0.00. Any attorney's rims will~b, aaaddud-~ ~vlmtever you owe us, which may also include our reasonable 3;oaL~. -qtr~iu~_cure.,the default wilhin the thirty-day period, you will not be required to I~y at~ome~ a ~'ee.~. Wc may also sue EXHIBIT D you personally for the unpaid principal ba!_n_qce and all other sums due tinder thc mortgage, If you have not cured thc default w/thin the thirty-day p~dod mid for~losure proceedini~s have ~tn, ~u still have the right to ~e ~o ~fa~t alld ~ev~t thc sale at any t/mc up U) one hour ~forc thc Shed's tbr~los~e ~le. You ~y do ~(.) by ~yin8 the total amo~t of ~he ~paid monthly ~ymcnLa plus any la~ or other chases then d~, as well as ~hc ~aso~blo a~m~'s f~s m~d ~)a~ confl~ted wid~ t~ fo~closure ~lc (and ~rfi)~ any other r~ui~m~s tmd~ ~ho me,gage). It is e~maTed ~hat thc carl/cat dut~ 1ha~ such a Shofi~a s~c could ~ held would ~ approximu~ly t~ (3) months ~m above date. A notice of the ~tc of~e Shefiff~le ~!1 ~ sent To you bcfi~rc Xhc ~alc. course, thc amount nc~ to cure ~ derail ~U ~creasc thc longer you w~t. You ~y find O~ ~ any ~hne e~tly what fl~e required ~ym~ ~11 ~ by callin~ ~m at thc follo~n~ numar: R00-262~574. Thh ~ym~nt must ~ in ~sh, e~hler*~ certified ~h~ck or money order and made ~yablc to us at ~1~ address slated ~bovc. You should realize that a Sheriff's sa, lc will end your owt[ership of the mortgsgcd pt'operty arid your right to rem/kin itl it. If you continue to live in thc prolX:l ty after thc Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in thc prot~rty. YOU HAVE THE RIOHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF Tttl/MORTOAOE DEBT, OR TO BORROW FROM A_NOTH~R LENDINO INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THI/ RIOHT TO SELL OR TRANSFER TIlE PROPERTY SUBJECT TO THE MORTOAOE TO A BUYER OR TRA~$FI~R.EE WHO WILl, ASSI JME THE MORTGA(3E DEI~T, PROVIDED TI-I. AT ALL ~ OUTSTAI~IDI~G PAYM'F, NTS, CHARGES, AND A'CTORN1~,Y'S FEF~ ~ COSTS AR_~ PAID PRIOR TO OR AT TIIE SALE. AND TIIAT TIlE OT~II~,R R~UIR.1i~ UNDF, R THE MORTGAGE ARE SATISFIED. CONTACT lis TO DETERNIINE UNDER WHAT CIRCU~ISTANCES THIS RIGH'T MIOHT I~XI~'I'.) YO[I FLAME ~ ~Iol-~r TO H~V~ THIS DEFAULT CURE~D BY ANY TI~IR.E) PARTY A~'i'II~O ON YOUR RE,I-IAI~. If you cure the default, thc mortgag~ will bo restored to thc ,~amc position as it no dethult had oc~urrcd, Ilowever, you ar~ not cntitled to this right to cure your dc£ault more than thrcc times in alxy eak:ndar year. Sincerely, Kathy Tollefson Foreclosure Asso¢i~tte * Mailed Certified o. l~arch 4, 2003 Certifin~l Receipt NO.; 7000 0.520 0023 0593 7232 & 7000 0520 0023 059.3 7249 Rctum R~ipt Requo~ed ,.~.. ,, .~ ' ........ IM~PORTANT: PLF, ASF, READ In addition, except for lq-LA-insur~d loalts, yo~ ~11 receive anothcl' l~oticc ~m us undcr Act 91 of 19~3. 'r~t no~ is ~11~ '~ogcc or Hotn~~' Emergcncy Assislancc Act or 1983". ~lat llotice will expl~ ~ain other ~ights ~lat you have ~der A~t 91 of 1983. You ~ST r~d ~th noti~s s~ ~ey both explmn ri~ts that you now ~ve u~er ~ennsylvania law. The ~me limits for l.~nder's ~fion as explain~ in this Act 6 Nuti~o mi~t ~ s~tially changed ir you ch~se to apply for Mortise Assis~n~e m~der A~ 91 of 1983. If you choose to ex~cisc your rights de,rind in Act 91 of 1983 Noti~, wc ~not ror~lo~ u~n y. ur home d~g lime. AI~, if u~m appli~atioll for ~ollg~ As~ancc, and ir mon~ge assis~ancc 8rant~ from the Pe~yl~nia l~usin~ ~in~ ~enGy. your homu ~not foreclos~ u~n while you ar~ r~c~iving tho ~sis~ce. By Kathy Toll~£son Foreclosure A~iate March 4, 2003 MIDWEST LOAN SF, RVI~2E$, INC. 616 SHELDEN AVENUF,, ,~. T~ITE 300 P OBOX 144 IIOUGI-ITON, MI 49931-0144 800-262-6.~74 Vincent E. Washingnon Melissa A. Washington 259 W. Baltimore Street Carlisle, PA 17013 R.l~.: l.oan #66191 NOTI{:I,: OV IN'I'I~IYI'ION TO FOI~CLOSE AND AC. CELEIt, ATE LOAN llAI,ANCE Under ~cction 403 ol'Pemlsylvania Act Nlo. 6 t)f 1974 Th© Mortgage held by Mcmbcrs I ,t F~:d~:r,q (~rodit Umon, on your property located at 44 Wildwood Road, l~owville. PA 17241, IS IN SERIOUS IM-t,P'ATJLT b~e you have not m~de the monthly ~yment orS1,06'1.76 fi~r th~: tnonths Of Sanuary 2003 th~ottSh Maf~h 2003. I'.atc charges hurl: ul--o uvvaued to this date in tho amount of $92.05 phis NSF fees ia file mnoum of $60.00. The total amount now required to oufo this default, or in other words, get caught up in your payments, as of the date of tbi$ letter la $3,337.36. You may cm'e this detAult xx, Xth thirty (30) days of thu date of gl'tiS le. lter. by paying to ua thc abov~ amount of $3,337.36, uiun any addltionnl monthly i~.y_mvnta and late ehnrnes which may fall due tl~'lna Chis period. Such payment must be made either by tush, c~tahier'a check, ~.~rtified cheek or money order and made at the office o£ Midwest Loan Services, INC., 616 Shelden Ave, Suite 300, 1'O Box 188, Houghton, MI 49931. l.f you do not cure the dethult with THIRTY (30) DAYS. we intend to cxcr~:is~: oux Iight to acoelel'ate the mortgage paymcnL% This means that wllatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the ol'ighml mortgage in monthly installments. If full payment of the amount o£ dethult is not made w/thin THIKTY (30) DAYS, we also intend to start a lawsuit to £ort:~:h)a~: your mortga~ex! property. If the mortgage is foreclosed, yoTw mortgaged property will bo sold by the Sheriff to pay off the mortgage dcbL Il' w~: r~:l'~:r your our attorneys, but your cure the default before they begin legal proceedings against you, you will still have to pay the/easonablt: attorney's fcc.~ actually incurred, up to $50.00. llowever, if legal proceedings are started against you, you will have to p~y the re. enable attorney's fo0 O¥ell if they ar~: over $50.00. Any attorney's fees will b~.~,$ddedZ/~%vhat-evor you owe us, which may also include ol~r reozonable ..ogsta. II, you ?.~ct~tb~: default w/thin tho thil~y-day period, you will not lac required to l:g~f~'~B~"'~'qp.~-~: We may a].~) you persottally for the unpaid principal balance and uil other sums due under thc mortgage. If you hay© not cured the defaut! witlun the thirty-day ix:dod mid foreclosure proceedings have begun, you still have thc r/ght to cure the defltult and prevent thc ,~ulc at any t/mc up to one houg before the Sheriff's foreclosure sale. You may do $o by paying thc total amount of the unpaid monthly payments plus any late or other charges then duc, as well as thc rcammublc uttorn~:y'a f¢c-~ mid e..osts cormccted w/th thc foreclosure sale (and pcr£o£ttl any other requirements under the mortgage). Tt i,~ c~timated tha~ the earliest duty: that such a Sheriff's sale could bc held would b~ approximately three (.3) months groin the alx~vc dmc. A nodcc o£thc date of the Sher/ffsale w/li be scat to you before the sale. Of' course, the amou~tt neexled to cttre the default will im.~case tile longer you wait. You may find out at any time exactly whuI thc n=quifed payment w/Il bc by calHnE us at thc £otiowin8 number: 800~262-6574, Thi~ payment must I~e ia cash, cashier's che~k, cen'lfled check or money order and made payabl~ to ~s at the address slated al~ve. You should real/ze that a Sheriff's sale will end your uwnersh/p of the mort/aaA, cd property and your fight to remain in it. 1£ you continue to live in thc proI~rty after the ~hcril'f'.s ~al~, a law~uit could be started to ~vtct you. You have additional r/ghL~ to help protect your interest in the pror~rty. YOU HAVE THE, RIGHT TO S~I.I. 'I'~-tE PRi)PI~,I,1.Ty 'Il) OBTAIN MONEY TO PAY OFF 'TI ii/MORTOAOE DEBT, OR TO BORROW FROM AN(~I'ilI/[( LElqDINO 1NSTITLrr[o~I TO PAY OFF THIS DEBT. (YOiJ MAY i lAVl~ TIlE H, ICHt'[' '1'O ~ELL OR TRANSFER Till:/ PR, OPER.TY SUfLH~.(~.T '['() T! IH, M()R'I~iA(iF, 'lO A BUYER OR TRakNSFEREF, WIlD WILL ASSUME TIlE MOR, T¢~A(~E L)EIST, PKOVIL)IgL~ THAT ALL THE OUTSTANT)IN¢~ PAYMENTS, CI IAR(iE,~, AND A'I'I'OKNE¥'S P'EES AND COSTS ARE PAID PRIOR TO OR AT THE ISALE, AND TI-[AT '['HJ~ O'['HER R~QUIREMENT~ UNDER ~ MORTOAOE ARE · ~A'I'I,~P'IED. CON'I'AC'I" US TO DETERMINIg UNDER WHAT cn~cI.~M,~TANCES 'IHIS RIGHT MIGHT EXIST.) YOU HAVE THE RIOHT TO HAVE THIS 13F, FAI/LT CUlt, EL) BY ANY THIRD PAKTY ACTINO ON YOUi~ BEHALF. Il'you cur~: thu d~fauit, thc mort~gc will bc rc,~torcd to thc same pos/tioil as it no default had occurred, However. you a~e t~ot entitled to this rJ~ll~ to cure your default more than thrcc timc,~ in any ca.lcndar year. Sincerely, Kathy Tollefson Foreclosure Associate Ma/lcd Ccrtificd on Marc, h 4, 2003 C~rtiflcd Rcccipt No.: 7000 0320 0023 0593 7232 & 7000 0~20 0023 0~93 7249 Return Rcccipt Rcquesled ., LMPORTANT: PLEASE In addition, except for FHA-insurod loans, you will receive another notice from us unclur Act 91 of 1983. That aotic~ is c~lh.~d "Notic~ or Hotn~ownors' Em~r~ncy Mom~ge Assis~ce Ac~ of 1983-. Th~ no~ ~11 ~pl~n cemain o~her ri~hls ~ha[ you might h~vu under Act 91 or 1983. Yoo ~IST ~ ~t.h noticc~ since they bo~x ex,loin rights tlmt you now have m~der Pem~ylvania law. The thine limits for ~nd~'s Action ~s explain~ m t~s A~ 6 NoU~ mi~t bo su~tan~ally c~ng~ if you cht)l~c to apply for Mortgage Assi~ncc under Act 91 of ]983. If you choose to exercise yo~ ~ghts ~rib~ ~ Act 91 of 1983 Noti~, we ~ot for~lose ~n yot~ home during that t/me. AI~. if u~n application for ~gage As~ance. and if mortise assistallce is Sraltt~ from t~ Pcm~sylvania Hom~in8 Finm~co Asoficy, yo~ home ~ot ~ lo.closed u~n w~le you are ~ceivlnS the ~sist~. By K~thy Tollcf~on For~losuxo Assc~iat~ ACT 91 NOTICE TAKE ACTION TO SAVE YOUR IIOME FROM FOI i?-CLOSURE* This is a_n official notice that the mo _r~n_~e on y.ur home Is in default, and the Wen_der intends to foreclose. Sma:itc info_fruition about [h~ natpr~ of the defaul~ is provided in The HOMEONVNER*S MOEtTGA~.E ASSI~T,4k~N~.E PR .C~.RAM (I~.MAP) may be abt;. to halD to _.~ve your home. Thk Notice explains how th® Orolgram works. To see if LIEMAP can helm you must MEET WITI/A CX)NSUMER CREDIT C'OU N SELING AGENCY WITH~ 30 DAYS QF ~ DA~ OF Tills NOTICE~ this Notice ~tb YOU when y~ meet with th~ ~oun9eJin. The na.m~ addr~ nfld phone number or ~onsum~r Cr~it ~ouuseting A~enci~ ~ur C~un~ ~re t~ n~ th~ end o~ thh N. ti~ If ~ou have nnv ou~qonL you ~y q~tt t~= ~ en~sytv~nsM H(~usmu Fsnan~ Anenev ~H ~ ~t 1=~4~2397. ~e~pn~ with im~ir~ h~n ~n ~i1_(71~ 7~ This Notice ~nmias ~pOFmnt i~1 hfomatlon. If you have any repr~nmHv~ at the Consumer C~lt Coun~ling Agency may ~ able to help explain You may ai~o want Io contact an a~.rney in yo.r are~. The l~al bar a~oc~tion able to help ~u find a h~er. LA NOT~ICAC'ION EN AD~O ES DE $~ ~RT~C~, PUES AFE(~A DERECHO A CONTINUAR VIVIF.~ gN ~lY CASA. SI NO CO~~R ~L CON'fE~O DE ESTA NOTI~CACION OBTKNGA I~A ~ADUCCIO~ ~DITAMEN~ LLA~O ESTA AGENCIA ~E~SYLV~K ilOUSING F~C'E AGEN~ 5~ CAR~S Al. ~RO ~N(~IONADO ARRIBA. Pll ED[~ 8ER ~UEG~LE PA~ UN P~ST~O POR El. PR()(;RAMA LLAMAS) -HOMEoWNUR, S EMERGENCY MORTGAGE ASSISTANCE PR()(~M" EL (;UAL PUEDE SALVAR ~U CASA DE ~ PE~A DEL DERECHO A EXHIBIT E HOMEOWNER' S NAME(/;): PROPERTY ADL)RE,g. ,g: LOAN ACCOIINT NO.: ORIC41NAL LI~NDER: CURRENT ! .ENDERYSERVICII,;R: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YO~ MAY BE ELIGH~LI~ FQR FINAN(;IAL A~LqI~TAN(~.k~ ~I41CH CAN/SAVE yOUR ilOME FROM leOI~CLOSI~RE AND I I ELI* YOU ~rAK~ FU'I"trRI~, MORT(iAGE PAY~ EN'I'S IF YOU COMPI,¥ WITH THE PROVISIONfl OF THE HOMEOWNER'S E/VIERGENCY MORTt~AGE ASSISTANCE A(:T OF 1983 ~FHE. "ACYF"), YOU MAY BE ELIGIBI,E FOR EM ERGENCY MORTGAGE A$flffiT~CE: I F YOUR DEFAULT IIAN Bl~EN CAUSED BY (:iRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PI~OSPECT OF BEIffqO ABI,E T(} PAY YOUR MORTGAGE PAYM~NT$~ AND IF YOII MEIfiT OTHER ELIGII~ILITY REQIJIREMENT$ ESTABLISFtF. D BY THE P ENNSY LV'ANIA HOUSING FINANCE AGENCY. TEMPORARY ,_'qTAY OF FORECLOSU~V. -- t.lndcr the AO% you are entitle, gl to a tem~ra~ stay of fi~ulo~ure on yo~ m~gage for thi~y (30) ~ys ~m ~e date or ~s Noti~. Dufin~ t~t ~me you mu~ a~an~e and attend a ~f~-~thce' meeting with one ofihe consumer c.r~it counseling aEcn~iu3 listed ~t ~e e~ of/~s ~ofic~. 'f~ MEE~G MiIN'¥ ~C~ ~111~ THE NE~T .(~1 DAYS. ~ YOU ~ NOT ~PLY .FOR E~ROENCY MOR'~t'iAOE AgglgTANCE, YOU Mtl~'l' ~Km'O YO~_MORTOAQR_~ ~O DA~. THE PART OF ~IO~ 'IX) CURE YO~ MORTOAQE D~.~AU[,T", EXULt5 How TO HR~G YOUR MORTOAOE UP TO ( X ) N N I ?/VI ER CREDIT (~'OI,~_ ~SELING AG EN¢: lES -- If yOU meet w/th onco f £hu cousuiBor cred/t counseling agency li.~t~al at tile end of this notice, ~he lender ,lay NOT take action against you for thirty (30) d~y$ after the date o£this meeting. Th~ names, addresses and t..elcl!hvltt/ nmnbers of desinna_~eq~ oQn~-mer c. rcdi)~.ouBselinn aneneies for th~ county, in which the l~ope, lriy is located. .a_rc ..~.t. fi)rth tit tlm end of this lqo~j~4~. It is only neccs.~try to s~hedule one face-to-face m~etinS. Advise your lender i_mmedi8l¢.ly of your intcntiona. APPI,i¢ :ATION I~'OR MORTGAGE .~rSITANCl~. -- Your mortga&~ is hi dofau[t for the r~ns s~ tb~ la, er in this Notice (see follo~n~ ~gcs for s~cific i~o~a~on a~m th~turc of your default.) If you havg tl'i~ mid ~o Ull~ble W ~olve this problem tl~e ri~t to apply for financial assistance ~om thu Assistance [~ob~m. To do so, you m~t fill out, si~ ~d file :a ~'~'"lemd Homco~ees 2 U_~lcrgcncy ,~ks$istancc i.'rogrmn At)plication with one of the dc,~il~tmt~d consumcr credit counseling agencic.~ listed at the end of this Notice. Only conzumcr credit counseling agellcies have applications tbr the progr,,m and they will a.~.~ist you m submitting a complete application to thc Petmzylv~mia Ilou.~ing Finance Agency. Your al)plication ~U~'I' be filed or postmarked within thirty (130) d~ys of your face-to-fugg meeting. YOU ~ I,'ILI~ YOUR APPI,I(:A'I'ION PROMI~I,V. ii? YOU PAll, TO DO ,SO OR IF YOU DO NOT I,'OLI,OW THE OTHER TIMI~ PI~iKIOD$ SF:I' FORTH IN 'i'll[fi LETTF. R~ FOR I,;¢: LOSUR~ M~Y PR()(.' EED AGAINST YOII R HOI~E IMMR I)IATlgLY AN O Y OUR APPI ,I(:ATION I~OR MORT¢~A(iE ASSISTANCE WILL B~ DENIED. AGF..~CV ACTIOH -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by thc Ag~nc, y m~der the eligibility oriteria established by thc Act. The Pe, rmsylvania Hvusin~ Fin0,nce Agency hu,~ si.x~y (60) days to make a decision after it receives yom- apl~licotion. During that tiao, no foreclosure proc~diags will bc pursued against you if you have met thc time requirements set forth abow:. You will be notified directly by th~ Pel~nsylvaniu Housing Finance Agency of i~.~ decision on your application. NOTE: IF YOU ARg. CURI~EN'I'LY PROTECTED BY THE FILING O1,' A PETITION IN BANKRUPTCY, TI I E I,'( M,LOWll~G PART OF TI 118 NOTICE IS FOR IN FORMATION PURPOSES ONLY AND SI l()lJ LD NOT Bg CON$1~I~,RI,;D AS AN ATTI~.M P'r TO COLLE( TH~ (If you havre gilead bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW 'I'0 CURE YOI.]R MORTGAC;E pEl~'AUl,~fBrjn~ It uo t0.date]~ NA'I~IJRE OF ~E DEFA~ --The ~ORTOAOE debt held by thc above ]~r on your IS SE~OUS.LY ~ DM~ALIL'I.' bemuse: YO~7 HA~ NOT ~E MON'~I1fl,Y MORTOAOE PA~NTM fi~r thc followi~ monflm: l~ 2003 ~ough the March 2003 e~h in ~e amount or' $1,061.76 plus la~e charges have also accrued u~ this date in ~be ~ount of $9~.08 plus !IOW T() (~IJRE Ti.I I~ D~FAIJI,T --You may cur~ thc d~fault within ~TT (30) DAY~ of the ~ oft~ nofi~ BY PAnG ~ TOT~ AMO~ PAST DU~ TO TIlE I,~ND~R, ~C~T 1S ~3~337.36, PLUS ~ y MOI(TGAGE PAYM. I~NTS A~ I,A~ CH~OES ~OH ~ECO~ D~ D~O T~ ~TY (30) DAY P~OD. Pa~ems mu~t ~ ~de ~ither by ~, ~ie~s check, ce~ffi~d ch~c~..pr, mo~uy order m~dq.~~ Midget ~ ~e~, ~c. 616 Sheldon Ave., Sui~ 300 ~ Box 188 HouSton, ~ 49931 ,. ..... -" 3 P.11 IF Y(}IJ DO NOT (:URE THE DEi?AULT--]f you dO not cure the dcfmalt within T~RTY (~0) DAYS of d~e ~atc of this ~o~cc. thc lender intends ~ exe~.i~ its righ~ ~ mceelera~ the mortgage debL ~s m~ns that ~e entire ou~d~g balml~ of this debt ~il bu considered due ~m~iatety ~d ~u may lo~ ~e chance to ~y ~e mortgage in monthly in~ilmcnta. If~dl ~ymem of the ~otal amount p~t dso is ~t m~c wi~n 't~RRTY (30) DAYS, die lender ~ imen&~ to t~uct i~ a~ome~ to start le~l actiofl to foreclo~ u~n your mortga~ pro~y. Shefiffm ~y offthe me,gage debt. If thc ]under refc~ your case to its a~m~s, but you cure thc delinquency ~foru tht l~nder be~na loll ~ecdt~ against yo~ you ~ll still ~ rcquir~ to Day the ruamnmbl~ a~o~y'n fc~s ~at w~c actually incu~ud, u~ to $50.00. However, if legal pr~czdi~s ~e sta~ aghast you, you will ~ve to ~y ~11 fo~onablu ~ttome~s fu~$ actually incurred by ~.hc lu~t~r e~n if~y u~c~ $50.00. Any a~o~y's rues ~it be added to ~c amount you o~ the lender, w~clx may also includt ot~r rulable coals. If you cure thc default within the T~TY (30) f}AV period, you will not ~ r~ulred to p~y ~t~rney's fees, Q~HER I ,I,:NDER REMEDIES -- Thc lender may also suc you p~*rsona.lly for She un~id prlnci~l balan~ and all other sullls duo undex tho mott~e. RIGIIT TO C~E THEDEFAUI,T P~OR TO $~RIFIO8 8~E -- If you have not cured default ~t~ the T~TY (30) DAY ~od and ~1o~ precedes have begun, you have thc ri~t to c~c t~ default und pfovo~t ~ ~lc at ~y time up to onc hour ~tb~ thc Shorifi'$ Sale. You may do ao by ~ng the total amom~t ~ ~st due, plus any late or o~er charges th~n duo, r~onable aHomcy'a fees ~ costs ~nncctcd with ~ forecl{x~urg s~ie and any other co~s co~ect~t ~th the Sheriff's Sale as s~cifi~ in ~tin~ by thc le~ and by ~rforming any other r~u~men~ under t~ meade, Curin~ your dcfauH in the manner set fi}rth in this Boflee ~ll restore your mortgaRe to the same ~mitlon as ff you had never defaultS. IEARLIEST PO,~SI lll,E SltERIFF'S SALE DATE -- IL is estimated that thc curliest date that such a ShcrilTa Sale of the mortgaged property could be held would bt: approximately 10 month, from the date of thin N~tice. A notic~ of the actual date of tho Sheriffs Sate will bt: aunt to you before thc salt:. Of col~rse, the amount needed U~ cure the default will incr~:~¢ the longer you wa~L You may filld out at any time t:xactly what th~ required Imymt:~lt of action v~l! be by contacting the lender. UOW TO CONTACT THE I,F. NDER: Nmne of Lender: Address: Phouc l~lumbcr: Fax l'q'mnber: Contact: Midwcat Loan Services, Inc. 616 Shelden Ave., Suite 300 PO Box '188 I'-[ou~,htoil, lvirrl 499.3 I 800-262.-6574 or 906-779-8970 906-779-8960 ,.-,~ Kathy Toilcfaor~ ........ 4 EFFECT OF $~II~.RI~F,.~, $~I._1~, -- You ,~hou]d reall&e that a Sheriff% ,~lu will end your owncr,~hip oi' tile mor~lla{ed property and your right u~ octzupy it. Ii'you continue to liv~ in the proo0rty at~er the Sheriffs Sale, a lawsuit to remove you arid your fiJrn{shlt~ls and other belonl~n/~ could bc st/~rte, d by the lender a! any time. ASSUMPTION QF_MORT.GAGF~ You ~ may or X may not (CHECK ONE) sell or Iranafcr your home to a buyer or transferee who will ass~e ~e tuG.gage dobt, Oro~d~ that all the ou~ndin~ payl~il~, c~g~ a~ a~omc~s fees and c~ ~ ~id prior m ~r at ~o s~c a~ that ~e o~h~ requ~men~ of thc mon~u~c utc sunsilk. You MAY Al __~0 TO SELL THE PROPF, RTY T() ()I]TAIN I~OIqEY TO PAY OFF THE MORTGAGE DHIIT OR Ti) IIORR¢)W I~ON]SY FROM ANOTI IEit, LENDING INSTITLITIONI TO PAY OFF "FIDIS DEBT. TO I-LAVE Tills I3EFA~ Jl,'l' CUII. I~D BY ANY THIRD PARTY ACTING ON YOUR 13~I-IA1 TO HAVE THE MORTOA/3F. RF.s~TORED TO THR S~ POSITION AS IF NO D~FAULT ~ ~CLIRRED, W YOU CU~ ~ D~A~ .T. ([tOW~ YOU ~ HOT ~ ~HS RIOH'I' ~ CU~ YOUR DEFAULT MORE T~N ~EE TIMEN IN A~ ~~ ~AR.) TO ASSERT TI IE Ni)N~XIS'I'EHC~ OF A DEFAULT ~ ANY FORECLO~UI~ P~OC~O OR ANY ~.R I .AWSI 1~ ~S~TED 1 ~DER TIlE MORTGAGE TO AS~T ~Y O~R DE~NS~ YOU ~EI.1EVE YOU MAY HA~ TO SUCH ACTION BY ~ LENDER. ~ S~K PRO~C~ON I~ER ~'IE FED~L BA~TCY LAW. CONSUMER CR~Dff COUNS~I,~G AGENCIES SERHNG YOUR COUNTY HBt, alle Hew¢omef (713') 762-3285 HOPE a~d Pre-Closing EcluceUonal Harrisburg Fair Housing Council HOP~ 8n~ Pre-Closing Weat~erizaUon, lnc, Maxine A. Whit~el (8~4) 643-2343 Pre-Closing Eclucational Seminar EXHIBIT F EXHIBIT O VEIiIFICATiON I, Arlanda Dintaman, Collections Officer for Members 1~ Federal Credit Union, being amhorized to do so on behalf of Members !ss Federal Credit Union, hereby verify that the ~tatements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. ! understand that false statemems are made subject to the penalties of 18 Pa. C.S.A Section 4904, relating to unswom falsification to authofitiea, Members 1~ Federal Credit Union Arlanda Dintaman, Collections Officer SHERIFF'S RETURN - REGULAR CASE NO: 2003-02190 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT UNI VS WASHINGTON VINCENT E ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the WASHINGTON VINCENT E DEFENDANT , at 1017:00 HOURS, on the 13th day of May at 66 E STREET CARLISLE, PA 17013 by handing to VINCENT E WASHINGTON , 2003 a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /& ~ day of ~&Yh5 A.D. / ~rot}~onotary' So Answers: R. Thomas Kline 05/14/2003 KARL LEDEBOHM SHERIFF, S RETURN _ REGULAR CASE NO: 2003-02190 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND MEMBERs 1ST FEDERAL CREDIT UNI VS WASHINGTON VINCENT E ET AL JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT & NOTICE was served upon WASHINGTON MELISSA A the DEFENDANT , at 1152:00 HOURS, on the 14th day of Ma~9~_~' 200___~3 at CUMBERLAND CO SHERIFF,s OFFICE ----- ONE COURTHOUSE SQ CARLISLE, PA 17013 MELISSA WASHINGTON a true and attested by handing to copy of COMPLAINT & NOTICE together with and at the same time directing attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this ~_~_~ day of So Answers: KARL LEDEBOHM By :~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-02190 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MEMBERS 1ST FEDEP~AL CREDIT UNI VS WASHINGTON VINCENT E ET AL R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT WASHINGTON VINCENT E unable to locate Him in his bailiwick. COMPLAINT & NOTICE he made a diligent ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT 44 WILDWOOD ROAD NEWVILLE, PA 17241 , NOT FOUND , WASHINGTON VINCENT E HOUSE AT 44 WILDWOOD ROAD NEWVILLE IS VACANT. POSTED FOR SALE BY CENTURY 21. Sheriff's Costs: Docketing 18.00 Service 8.28 Not Found 5.00 Surcharge 10.00 .00 41.28 R. Thomas Kt~e Sheriff of Cumberland County KARL LEDEBOHM 05/27/2003 Sworn and subscribed to before me this /~ ~-~ day of ~ P~offhonot ary , as to MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: 03-2190 Civil Term VINCENT E. WASHINGTON AND MELISSA A. WASHINGTON DEFENDANTS. CIVIL ACTION-LAW PRAEC/PE TO THE PROTHONOTARY: Please enter judgment in the above captioned proceeding in favor of Members 1~ Federal Credit Union, Plaintiff, and against the Defendants, Vincent E Washington and Melissa A. Washington, in the amount of One Hundred Eleven Thousand Five Hundred Fitly~four and 52/100 Dollars ($111,554.52), plus interest at the rate of $17.20 per day, through the date of payment, including on and after the date of entry of judgment on the Complaint, and attorney's fees and costs and for foreclosure and sale of all that real property situate in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 44 Wildwood Road, Newville, PA 17241, and as more particularly set forth and described on Exhibit "A" attached hereto and made part hereof. Judgment is entered pursuant to Pa. R.C P. 3031 for failure to file an Answer on behalf of Defendants, Vincent E. Washington and Melissa A. Washington, to PlaintiWs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Date: September ~ ,2003 Respec3t~llysubmitted, ~, ~ / S r:me Court #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff I hereby certify that notices of intern to take a default judgmem were forwarded to Vincem E Washington on August 28, 2003 and Melissa A. Washington on June 10, 2003 by United States Mail, First Class, postage prepaid. The aforesaid notices were each comained within an envelope bearing the return address of the undersigned. The notices have not been returned to the undersigned as undeliverable or o~herwis, e., A copy/~'~e notices and Postal Form 3 ~ 1 ? are ~ttached hereto ~d m~.m~.~,z~iaE~bit/t? 'i f'~() ALL that certain tract of land, together with improvements thereon constructed and erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to wit BEGINNING at a point, a railroad spike, in the bed of Wildwood Road (T-449) at a common co~ ner of Lot q and Lot S as shown ora subdivision plan l'~r Leon P Kline dated July, 1988. ~ evised Septembe~ 9 1988 and ~eco~ deal in ('renDer land Cotmtv Plan fi7 page 18 thence along the aforesaid lot 4 North 87 degrees ~ minutes 2q sectmds East 704 09 tbet to an ~ron pm. thence along lands ~ox~ ox lk>~ Inei IN ol Lcoll al/d Joai/ Klme South 31 degrees 32 minutes 44 seconds l~ast 332 77 Iaet to an iron pin thence along tands ofsame and within an easement ofMobil Pipeline Companv South degrees 54 minutes 58 seconds West 1000 0O l~et to a railroad spike in the bed of Wildwood Road (T-449), thence within the bed of the albresaid public ~oad. No~h 02 degrees 30 minutes 00 seconds West 83 75 t~et to a railroad spike; then continuing within the bed of the aforesaid public road~ North 50 degrees 30 minutes 00 seconds East 67 55 t~et; thence within the right-of-way of the aforesaid public road and along lands now formerly of RolfBlume, North 39 degrees 00 minutes 00 seconds East 146 85 fket to an iron pin; thence continuing within the right-of-way of the aforesaid public road and along lands of same, Nogh 18 degrees 30 minutes 00 seconds West 76 19 feet to a railroad spike, the point and place of BEGINN~G CONTAINING 5 637 acres, more or less BEING all of Lot 5, as shown on the subdivision plan for Leon P Kline, dated July, 1988. revised September 9, 1988, and recorded m Cumberland County Plan Book 57. page 18 SUBJECT to conditions, restrictions, set-back lines and easements appearing on the subdivision plan BEING the same premises which LeonP KlineandJoanKlme husband andwit'c, bv their deed dated November 29, 1999 and rec~)rded m the Cumbeiland ('oonty Reco~de~ of Deeds Of Y~ce on November 30, 1999 in Deed Book 212, page 210, granted and conveyed unto Vincent E Washington and Melissa A Washington the mot~gagots hei ein MEMBERS ls'r FEDERAL CREDIT UNION, Plaintiff VS IN, THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No 03-2190 Civil Term VINCENT E WASHINGTON MELISSA A. WASHINGTON Defendants · CIVIL ACTION - LAW IMPORTANT NOTICE TO: Vincent E Washington 66 E Street, Apt 1 Newville, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN Tills CASE· UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU kViTHOUT A I-[EARiNG, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 ~ra~r~l M~ e~de~Ohm~. ~.~Respectf~lY'89bmi/4ed' /'~ ~ Supreme Court ID #59012 PO Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff MEMBERS IsT FEDERAL CREDIT UNION, Plaintiff VS VINCENT E WASHINGTON MELISSA A WASHINGTON Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2190 Civil Term CIVIL ACTION - LAW IMPORTANT NOTICE TO Melissa A Washington 44 Wildwood Road Newville, PA 17241 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, l AM REQUIRED TO INFORM YOU THAT THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE OR COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A F[EARING, AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT PdGHTS YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Date Respectfully submitted ,. / // / . ; ~rl'3ql Ledeb~ ohm, Supreme Cou~ ID ~59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 Attorney for Plaintiff u.s. POST,~,L SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE--POSTMASTER Received From: Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 PS Form 3817, Mar. 1989 GPO : 1993 O - 151-05i o s. POSTAL SERWCE CERTIFICATE OF MAILING --~IAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- POSTMASTER Received F om: ./ PS Form 3817, Mar. 1989 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. SECTION 101 TO SECTION 149 ETC. MEMBERS 1sr FEDERAL CREDIT UNION Plaintiff VS. VINCENT E. WASHINGTON and MELISSA A. WASHINGTON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 03-2190 Civil Term Amount Due: $111,554.52 Interest from: May 2, 2003 at the rate of $17.20 per day to be added Atty's Corn N/A COSTS TO BE ADDED TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the SheriffofCumberland County, Pennsylvania; (2) against Vincent E Washington, 66 E Street, Apt. 1, Carlisle, PA 17013, Defendant; and (3) against Melissa A. Washington, 44 Wildwood Road, Newville, PA 17241, Defendant; (4) and against N/A Garnishee (s); (5) and index this writ (a) against Vincent E. Washington, 66 E Street, Apt. 1, Carlisle, PA 17013, Defendant; and (b) against Melissa A. Washington, 44 Wildwood Road, Newville, PA 17241 (c) against N/A Garnishee (s), and levy upon and seize the following real property of Defendants and index this writ against the following real property of Defendants as a lis pendens: All that certain tract of land and improvements thereon erected situate in Upper Frankf0rd Twp., Cumberland County, Pennsylvania, known and numbered as 44 Wildwood Road, Newville, PA 17241 and as more particularly set forth and described on Exhibit "A' attached hereto and made part hereof by reference. (d) Exemption has (not) been waived. Dated: New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff ALL that certain tract of land, together with improvements thereon constructed and erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to wit: BEGINNING at a point, a railroad spike, in the bed of Wildwood Road (T-449) at a common comer of Lot 4 and Lot 5 as shown on subdivision plan for Leon P. Kline, dated July, 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, page 18; thence along the aforesaid Lot 4, North 87 degrees 33 minutes 25 seconds East 704.09 feet to an iron pin; thence along lands now or formerly of Leon and Joan Kline, South 31 degrees 32 minutes 44 seconds East 332.77 feet to an iron pin; thence along lands of same and within an easement of Mobil Pipeline Company, South 86 degrees 54 minutes 58 seconds West 1000.00 feet to a railroad spike in the bed of Wildwood Road (T-449); thence within the bed of the aforesaid public road, North 02 degrees 30 minutes 00 seconds West 83.75 feet to a railroad spike; then continuing within the bed of the aforesaid public road, North 56 degrees 30 minutes 00 seconds East 67.55 feet; thence within the right-of-way of the aforesaid public road and along lands now or formerly of RolfBlume, North 39 degrees 00 minutes 00 seconds East 146.85 feet to an iron pin; thence continuing within the right-of-way of the aforesaid public road and along lands of same, North 18 degrees 30 minutes 00 seconds West 76.19 feet to a railroad spike, the point and place of BEGINNING. CONTAINING 5.63;/acres, more or less. BEINGall of Lot 5, as shown on the subdivision plan for Leon P. Kline, dated July, 1988, revised September 9, 1988, and recorded in Cumberland County Plan B0ok 57, page 18. SUBJECT to conditions, restrictions, set-back lines and easements appearing on 'the subdivision plan. BE1NG the same premises which Leon P. Kline and Joan Kline, husband and wife, by their deed dated November 29, 1999 and recorded in the Cumberland County Recorder of Deeds Office on November 30, 1999 in Deed Book 212, page 216, granted and conveyed unto Vincent E. Washington and Melissa A. Washington, the mortgagors herein. MEMBERS 1sz FEDERAL CREDIT UNION PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO.: VINCENT E. WASHINGTON AND MELISSA A. WASHINGTON DEFENDANTS. : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 9th day of September, 2003, I served the NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST pursuant to Pa. R.CP. 3129 (b) in the above captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Members 1~t Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Res e I u 'tted /Karl M. Led~bohm, Esq. / Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Members 1st Federal Credit Union MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF Vs. VINCENT E WASHINGTON AND MELISSA A. WASHINGTON DEFENDANTS. IN THE COURT OF COMMON PLEAS CUIVIBERLAND COUNTY, PENNSYLVANIA NO.: 03-2190 Civil Term : CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1'~t Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 44 Wildwood Road, Newville, PA 17241. Name and address of owner(s) or reputed owner(s): Melissa A. Washington Vincent E. Washington 44 Wildwood Road 66 E Street, Apt. 1 Newville, PA 17241 Carlisle, PA 17013 Name and address of defendant(s) in the judgment: Melissa A. Washington Vincent E Washington 44 Wildwood Road 66 E Street, Apt. 1 Newville, PA 17241 Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belie£ I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~ec~~ k~.~Respectfu su~bm~ted, ~ ~ ~ffarl M. Eedebohm, Esq. ~/Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS 1sz FEDERAL CREDIT UNION PLAINTIFF Vs. VINCENT E WASHINGTON AND MELISSA A. WASHINGTON DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-2190 Civil Term CIVIL ACTION-LAW NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa, R.C.P. 3129(b) To~ Members 1~t Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE South Hanover Street Carlisle, PA 17013 on December 10, 2003 at 10:00 a.m, the following described real estate which Vincent E. Washington and Melissa A. Washington, are the owners and reputed owners and on which you may hold a lien or have an interest which could be affected by the sale 44 Wildwood Road Newville, PA 17241 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The said Writ of Execution has been issued on a judgment in the action of MEMBERS 1sT FEDERAL CREDIT UNION PLAINTIFF V. VINCENT E WASHINGTON MELISSA A WASHINGTON DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 03-2190 Civil Term : CIVIL ACTION-LAW at Ex. No. 03-2190 Civil in the amount of$111,554.52, plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed in the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. Respect fully/~ubmitt ed, Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OFPENNSYLVANIA) NO 03-2190 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff (s) From VINCENT E. WASHINGTON AND MELISSA A. WASHINGTON (1) You are dkected to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also cY~rected to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a ganfishee and is enjoined as above stated. Amount Due $111,554.52 L.L. $.50 Interest FROM 5/2/03 AT THE RATE OF $17.20 PER DAY TO BE ADDED Atty's Coram % Due Prothy $1.00 Atty Paid $170.73 Other Costs Plaintiff Paid Date: SEPTEMBER 9, 2003 (Seal) REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: P.O.BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 CURTIS R. LONG Prothonot~ ,, b° . Deputy Members 1 st Federal Credit Union VS Vincent E. Washington and Melissa A. Washington In the Court o£ Common Pleas of Cumberland C, ounty, Pennsylvania Writ No. 2003,-2190 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Karl M. Ledebohm. Sheriff's Costs: Docketing 30.00 Poundage 2.55 Advertising 15.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 28.90 $ 129.85 paid by attorney 10/10/03 Sworn and subscribed to before me So Answers: This /t R. Thomas Klme, 2003, A.D.~, Prothonotary Real Est~e Deputy MEMBERS 1 ST FEDERAL CREDIT UNION PLAINTIFF Vs. VINCENT E. WASHTNGTON AND MELISSA A. WASHINGTON DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO,: 03-2190 Civil Term CIVIL ACTION-LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Members 1~t Federal Credit Union, plaintiff, in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located in Upper Frankford Township, Cumberland County, Pennsylvania, known and numbered as 44 Wildwood Road, Newville, PA 17241 Name and address of owner(s) or reputed owner(s): Melissa A. Washington Vincent E. Washington 44 Wildwood Road 66 E Street, Apt. 1 Newville, PA 17241 Carlisle, PA 17013 Name and address of defendant(s) in the judgment: Melissa A. Washington Vincent E. Washington 44 Wildwood Road 66 E Street, Apt. 1 Newville, PA 17241 Carlisle, PA 17013 3 Name and address of every judgment creditor whose, judgment is a record lien on the real property to be sold: None. 4 Name and address of the last recorded holder of every mortgage of record: Members 1~t Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. 7. Name and address of every o~er person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are ~brue and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Respect fu~5~iub mi_tt ed, ~x ~rl M Eedebohm, Esq. /Supreme Coua ~ ~: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff MEMBERS I sv FEDERAL CREDIT UNION PLAINTIFF gs VINCENT E. WASHINGTON AND MELISSA A. WASHINGTON DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 03-2190 Civil Term CIVIL ACTION-LAW NOTICE OF SHERIFF'S SALE OR REAL ESTATE To~ Vincent E. Washington and Metissa A. Washington Your house (real estate) at 44 Wildwood Road, Newville, PA 17241, as more particularly set forth and described on Exhibit "A' attached hereto and made part hereof, is scheduled to be sold at Sheriff's Sale on December 10, 2003 at 10:00 a.m. in the Office of the Sheriff, Cumberland County Coun:house, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment orS111,55452 obtained by the above named Plaintiff against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff' s Sale, you must take immediate action: The Sheriff Sale will be cancelled if you pay to the above named Plaintiff the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Karl M Ledebohm, Esquire, at (717)938-6929 You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale (See notice below to find out how to obtain an attorney YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is dot stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff at the County Courthouse. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays, the Sheriff the full amoum due in the sale. To find out if this has happened, you may call the Sheriffat the County Courthouse, which number is listed below. 4 If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you 6 You may be entitled to a share of the money which was paid for your house A schedule of distribution of the money bid for your house will be filed by the Sheriff on (within thirty (30) days after the Sheriff Sale). This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed by the Sheriff 7. You may also have other rights and defenses, e.r ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO '/'OUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or (800)99,3-9108 The Sheriff's phone number is: (717)240-6390~/ ~? /-~ ¢¥.¢'_. :Karl IV[. Ledebohm, Esquire /Supreme Court ID #59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)9:38-6929 ALL that certain tract of land, together with improvements thereon constructed and erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, and more particularly bounded and described as follows, to wk BEG~rNING at a point, a railroad spike, in the bed of Wildwood Road (T-449) at a common corner of Lot 4 and Lot 5 as shown on subdivision plan for Leon P Kline. dated July, 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, page 18; thence along the aforesaid Lot 4. North 87 degrees 33 minutes 25 seconds East 70409 feet to an iron pin; thence along lands now or ~ormerly of Leon and Joan Kline, South 31 degrees 32 minutes 44 seconds East 332 77 feet to an iron pin; thence along lands of same and within an easement of Mobil Pipeline Company, South 86 degrees 54 minutes 58 seconds West 1000 00 feet to a railroad spike in the bed of Wildwood Road (T-449); thence within the bed of the aforesaid public road, North 02 degrees 30 minutes 00 seconds West 8375 feet to a railroad spike; then continuing within the bed of the aforesaid public road, North 56 degrees 30 minutes 00 seconds East 67.55 feet; thence within the right-of-way of the aforesaid public road and along lands now or formerly of RolfBlume, North 39 degrees 00 minutes 00 seconds East 146 85 feet to an iron pin; thence continuing within the right-of-way of the aforesaid public road and along lands of same, North 18 degrees 30 minutes 00 seconds West 76.19 feet to a railroad spike, the point and place of BEGINNING CONTAINING 5.637 acres, more or less BEING all of Lot 5, as shown on the subdivision plan for Leon P Kline, dated July, 1988, revised September 9, 1988, and recorded in Cumberland County Plan Book 57, page 18 SUBJECT to conditions, restrictions, set-back lines and easements appearing on the subdivision plan BEING the same premises which Leon P Kline and Joan Kline, husband and wife, by their deed dated November 29, 1999 and recorded in the Cumberland County Recorder of Deeds Office on November 30, 1999 in Deed Book 212, page 216, granted and conveyed unto Vincent E Washington and Melissa A Washington, the mortgagors herein WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-2190 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MEMBERS 1st FEDERAL CREDIT UNION, Plaintiff (s) From VINCENT E. WASHINGTON AND MELISSA A. WASHINGTON (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (bi the garnishee(s) is enjoined from paying any debt to or for the account &the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) if property of the defendant(s) not levied upon an subject to attaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $111,554.52 L.L. $.50 Interest FROM 5/2/03 AT THE RATE OF $17.20 PER DAY TO BE ADDED Atty's Comm % Due Prothy SI.00 Atty Paid $170.73 Other Costs Plaintiff Paid Date: SEPTEMBER 9, 2003 (Seal) REQUESTING PARTY: Name KARL M. LEDEBOHM, ESQUIRE Address: P.O.BOX 173 NEW CUMBERLAND, PA 17070-0173 Attorney for: PLAINTIFF Telephone: 717-938-6929 Supreme Court ID No. 59012 CURTIS R. LONG Deputy Real Estate Sale # 68 On September 15, 2003 the sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, PA Known and numbered as 44 Wildwood Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2003 By: Real Estaqe Deputy