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HomeMy WebLinkAbout07-1841BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17603 717.299.5201 Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. JAMES F. WARNOCK, NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. 1858813-1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 1858813-1 2 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, Attorneys for Plaintiff Federal National Mortgage Association, by its Agent, Fulton Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. /T-IfYl dc'-/ T,?.,,, AVISO PARA DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la acci6n en el plazo de veinte (20) dias despuds de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o para cualquier otra demanda o relevaci6n pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. 1858813-1 USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGON HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 1858813-1 2 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, Attorneys for Plaintiff Federal National Mortgage Association, by its Agent, Fulton Bank COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. COMPLAINT 1. Plaintiff, Federal National Mortgage Association ("FNMA"), is a corporation organized and existing under the laws of the United States of America. The agent for FNMA is Fulton Bank, ("Fulton") a Pennsylvania Banking corporation having an office at One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, James F. Warnock is an adult individual with a last known address of 574 Valley Street, Summerdale, Pennsylvania 17093. 3. On or about June 7, 1996, Defendant executed and delivered to Fulton a Note (the "Note") in the original principal sum of $68,500.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 4. The Note carries interest at the initial rate of 8.000% per annum and requires Defendant to make monthly payments of principal and interest in the initial amount of $502.63, 1858813-1 beginning August 1, 1996 and continuing thereafter on the first (1 st) day of every month until all outstanding principal and all accrued interest are paid in full. 5. The Note requires Defendant to pay a late charge of five percent (5%) of the overdue payment of principal and interest when Fulton does not receive Defendant's monthly payment within fifteen (15) days of the date that the payment is due. 6. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated June 7, 1996 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on June 12, 1996, on Defendant's property being located at 574 Valley Street, Summerdale, Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage which contains the complete description of the Premises, is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendant is in default under the Note and the Mortgage for failure to make monthly payments which were due beginning December 1, 2006 and on the first (1st) day of each month thereafter. 8. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendant by Certified Mail, Return Receipt Requested on February 8, 2007. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 9. Pursuant to the Note, in the event of Default, Fulton may, and hereby does, declare all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 1858813-1 2 10. Pursuant to the Note, in the event of Default, Fulton is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 11. For purposes of this action, Fulton believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Fulton recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Fulton agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 12. As of March 19, 2007, the amount due on the Note and the Mortgage is as follows: Principal Balance ....................................................................... $59,567.83 Interest through March 19, 2007 at a rate of $13.06 per diem ..................................................... 1,823.49 Positive Escrow Balance ............................................................ (111.96) Late Charges ............................................................................... 100.52 Attorneys' Fees .......................................................................... 3,000.00 Total ........................................................................................... $64,379.88 plus continuing interest after March 19, 2007 at a rate of $13.06 per diem, plus continuing late charges, attorneys' fees and costs. 13. Fulton has demanded payment of the amount owed from Defendant but Defendant has failed and/or has refused to pay the same. 14. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendant may dispute the validity of the debt or any portion thereof. If Defendant does so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for 1858813-1 3 Plaintiff will send Defendant the name and address of the original creditor if different from the above. 15. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank demands judgment against Defendant, James F. Warnock in the amount of $64,379.88, plus continuing interest after March 19, 2007 at a rate of $13.06 per diem, plus continuing late charges, attorneys' fees and costs. BARLEY Date: 3 Za ?? / By: Pawn M. Long, Esquire Attorneys for /Mge Federal NatioAssociation, by its Agent, Court I.D. No126 E. King S Lancaster, PA 17603 717.299.5201 1858813-1 4 VERIFICATION [Federal National Mortgage Association, by its Agent, Fulton Bank vs. James F. Warnock] I, CHRISTOPHER L. DEMKO, being duly affirmed according to law, depose and say that I am Vice President for Federal National Mortgage Association, by its Agent, Fulton Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: -?/ Christopher L. Demko?- 1858813-1 X01%01-41 ( 1 .1 NOTE June 7 .19 96 MECHANICSBURG PENNSYLVANIA ICihyl Ism. 574 VALLEY STREET EDIOISRUM, PENNSYLVANIA 170 IPropeny Addreerl 1. BORROWER'S PROMISE TO PAY Ice saw. for a loatt that I have received. I promise to pay U.S.S 68, 00.00 (this amount is called "princlpaM, phis: inlmst, to the order of the .Lender. The Calder is ! ULTW? `H7WR "' I -undersfattd that the Lander may transfer this Note. The Lander or anyone who takes this Nate by transfer and who is entitled to mccive payments under this Now is called the "Note Holder." 2. INTEREST Isacrest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly tale of 8.000%. The intaeat no required by this Section 2 is the raw I will pay both before and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time mod Place of Payments I will pay principal and interest by making payments every month. ] will matte my monthly payments an the 15T day of each month beginning on August 1 1996 , I will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My monthly payments will be applied to interest before principal. If, on July 1 , 2026 ,1 still owe amounts under this Now, I will fray those amounts in fullon that date, which is called the "maturity date." I will make my monthly payments at P. 0. BOX 4887, LANCASTER, PA 17604 or at a different place if required by the Note Holder. (8) Amount of Monthly Payments My monthly payment will be in the amount of U.S,$ 507.43 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are liter. A payment of principal only is known as a "prepayment" When 1 make a prepayment, ],All tell the Note Holder in writing that I am doing so. I may make a fall prepayment or partial prepayments without paying any payment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If t make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unicss the Now Holder agrees in writing to hose changes. S. LOAN CHARGES If a law, which applies to this ban and which sets maximum ban charges, is finally interpreted so that the interest or other ban charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount nocessary, to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this refund by reducing the principal I owe under this Noe 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 die 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 tray a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Default III do not pay the full amount of each monthly payment on the date it is due, l will be in defoulL (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 delivered or mailed to me. (D) No Waiver By Note Holder fivers 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 expanses include, for example, reasonable attorneys' foes. 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 err by mailing it by rust class mail to me, at lk Property Address above or at a different address if I give de Note Holds a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by rust class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address. "By initialing, the Borrower(s) acknowledge(s) that this page is page I of 2 - of the Multistate Fixed Rate Note." ED HATE NOTE -tingle Family • FNMAIFHLMC UNIFORM INSTRUMENT Form 0200 12143 loll tN"dldxOinNixrlm¦n,lm. X 1641,1WA3WOnI IM I100:a1rNt11W 111*1114171 d E dl U 0 L L OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promisee made in this Noun, including the promise to pay the full amount owed. Any person who is a guarantor, or of this Note is also obligated to do these things. Any person who takes over these oblig of a guarantor, suety or atdotser of this Nate, is also obligated to keep all of the promises oft Her may enforoe its rights under this Note against each person individually or against all of Th that one of us may be required to pay all of the anoints owed under this Note. 9. WAIVERS I std any other person who has obligations under this Note waive the rights of presennhent and notice of dishonor. "Presera an" means the tight to require die MsE Holder to demand payment of inounts due "Notice of dishonor" mess the right to requite the Note Holder o give notice to other persons drat anounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition in, the protections given to she Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrumextt*), dated the same dale as this Note, protects the Now Holler from possible losses which might result if I do not keep the premiss which 1 make in this Note. That Security Instrument describes how and under what condidmhs I may be regnved o maim immediate payment in full of all smuts 1 owe under this Note. Some of dose conditions are described as follows: Transfer of the Property or a Bewficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or vansfated (or if a beneficial interest in Borrower is sold or u maferred and Borrower Is not a natural person) without Lender's prim written consent, Lender may, at its option, require immediate psyntent in full, of all sumo secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lander 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. PAY TO THE ORDER OF •0elrei,.r )UTH= RBODURSE s S F. WAlttmca rULTON BAQIK (Seal) 6?;IAL 6 L MANAGER ii (Sea[) (Sign Origin! Only/ 21 i "By initialing, the Borrower(s) acknowledge(s) that this page is page 2 of 2 ` leitiatr In:tiedr of the Multistate Fused Rate Notc." •• ze n.y z a z area uwn he•nrie ricer, enc. ¦ user a Jharsrarw O W t-W358-mil] ? Fax (r0 r aOgeRT F. Z1EGLER RECORDER OF DEEDS (MABERLAND COUNTY-PA ,96 JUId 11 RIB 1122 (D 1 [Space Above This Line For Recording Data] MORTGAGE TWS MORTGAGE ("Security Instrument") is given on June 7, 1996 The mortgagor is JAMES F. WARNOCK (-Borrower"). This Security instrument is given to rMTON SANK ' which is organized and existing under the laws of the state of Pennsylvania , and whose address is ONE PENN SWARE, LANCASTER, PA 17602 ("Lender'). Borrower owes Lender the principal sum of si= zioNT THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 68, 500.00 ). 'Ibis debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on July 1, 2026 .This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CumBgRLANLCounty, Pennsylvania: See Exhibit attached hereto and incorporated herein by reference. which has the address of 574 VALLEY STREET [Sueetl Pennsylvania 17093 ("Property Address"); l? Code] ACCT IF PENNSYLVANIA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 19500 (9211) Bou D25 FAGS, 428 SUMUL DALS ICityl 3201191808 Form 3039 9/90 (page 1 aj6 pages) Gnat lakes Business Forma. Im. T. order Caw.. 1-aw-570.1393 O FAX 616.791.1131 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurte tattoes, and fixtures now or bereafter 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 die "Property." BORROWER COVENANTS that Borrower is lawfully seised of the esue hereby conveyed;and has the right to mortgage, grant" and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any ewumbrances 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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when, due the principal of and interest on the debt evidenced by the Note and any prepayment and htte charges due under the Note. & Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by lender, Borrower shall pay to Lender on the day monthly payments are due under the Now. until the Note is paid in fall. a stem ("Funds") for. (a) yearly taxes and asmssamts which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rafts on the Property. if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any stuns payable by Borrower to Lender. in accordance with the provisions of paragraph 8, In lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in in amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"). unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Rents, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may requiro Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Larder shall promptly refund to Borrower any Funds held by Leander. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay diem on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. ' Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manlier acceptable to Lender,, (b) contests in good=faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender Subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Harard or Property Insurnum. 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, incluiding floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts••and 1rEU 111301.2 t11211r Fond 3039 9/90 (page 2 of 6 pager) cial iaka BoNaem Forme, Inc. ¦ Bood3 G5rAd'EA29 T00rd@(CJll: I-SM-90.9393 OFAX 1111.7111-tut 3: for the peitiods that Lender requires. The insurance carrier providing the ' Lender's approval which shall not be unreasonabl withh ld If 'shall be. chosen by Borrower subject to y e . Borrower Lender may, at Lender's option, obtain coverage to protect Lender's rights in AD insurance policies and renewals shall be acceptable to Land r d h to maintain coverage described above, Property in accordance with paragraph 7. l i e an s shall lnavelthe right to hold the policies and renewals. If Lender requires. Borro of paid premiums and renewal notices In the event of lo B nc ude a standard mortgage clause. Lender shall promptly give to Lender all receipts . ss, orrower shall gi Lender. Lender may make proof of loss if not made promptly by Borrower prompt notice to the insurance carrier and . Unless Lender and Borrower otherwise agree in writing, insurance p the Property damaged, if the restoration or repair is economically feasible shall be applied to restoration or repair of d Lender's securit is n t l restorat4d or repair is not economically feasible or Lender's security would applied iol the sums secured by this Security Instrument, whether or not then B y o essened. If the lessened, the insurance proceeds shall be due, with any excess aid to Bor If orrowed abandons the Property, or does not answer within 30 days a notice offered t4 settle a claim, then Lender may collect the insuran p rower, from Lender that the insurance carrier has ce proceeds. Len the Property or to pay sums secured by this Security Instrument, whether or when the tiooice is given. may use the proceeds to of then due. The 30-da repair or restore Y period will begin UnleW Lender and Borrower otherwise agree in writing, any application postpone'the due date of the monthly payments referred to in paragra hs 1 and f proceeds to principal shall not extend or h p under pa;a raph 21 the Property is acquired by Lender, Borrower's ri ght to from 88e to the Property prior to the acquisition shall ass to Lende t h or c ange the amount of the payments. If y insurance policies and proceeds resuhing p r o t e Instrume 0knimediately prior'to the acquisition - - extent of the sums secured by this Security . 6. Qc6pancy, Preservation, Maintenance and Protection of the Leaseho4 Borrower shall occupy, establish, and use the Property as Borro e perty; Borrower's Loan Application; er's principal residenc i hi i after the xecution of this Security Instrument and shall continue to occupy the for at least one year after the date of occupancy unless Lender oth i e w t n s xty days Property as Borrower's principal reside= , erw se unreasona>ly withheld, or unless extenuating circumstances exist which are bey destroy, tanager or impair the Property, allow the Property to deteriorate in writing, which consent shall not be d Borrower's control. Borrower shall not i , or co be in default if any forfeiture action or proceeding, whether civil or criminal, is could resuh in forfeiture of the Property or otherwis i l m t waste on the Property. Borrower shall gun that in Lender's good faith judgment e mater a ly impair the I Lender security interest Borrower may cure such a default and reinstate, as prW or proceeding to be dismissed with li ' en created by this Security Instrument or ided in paragraph 18, by causing the action a ru ng that, in Lender s good fai Borrowers interest m the Property or other material impairment of the lien c i i motion, precludes forfeit= of the this Security Instrument or Lender' ? secur ty nterest. Borrower shall also be in default if Borrower, during the loa inaccurate information or statements to Lender (or failed to provide Lender s fppfi ccaation process, gave materially false or with the loan evidenced by the Note, including, but not limited to, representat Property Asia principal residence. If this Security Instrument is l h l material information) in connection erning Borrower's occupancy of the on a ease o d, of the lease. If Borrower acquires fee title to the Property, the leasehold an agrees to jlre merger in writing. shall comply with all the provisions ee title shall not merge unless Lender 7. Protection of Lender's Rights In the Property. If Borrower fails contained] m this Security Instrument, or there is a legal proceeding that may Property (s?rdr as a roceedi i perform the covenants and agreements significantly affect Lender's rights in the p ng n bankruptcy, probate, for condemnation or f then Lender may do and pay for whatever is ne eiture or to enforce laws or regulations), cessary to protect the value Property. Lender's actions may include paying any sums secured by a ben whir a earin8 in f the Property and Lender's rights in the has priority over this Security Instrument pp ; court, paying reasonable attorneys' fees and entering on the Pro take action under this paragraph 7, Lender does not have to do so , to make repairs. Although Lauder may . Any amounts disbursed by Lender under this paragraph 7 shall become Security Instrument Unless Borrower and Lender agree to other terms of a itionat debt of Borrower secured by this t t p the date ofd disbursement at the Note rate and shall be payable, with ' tin , hese amounts shall bear interest from upon notice from Lender to Borrow r reques payment. e 8. Mortgage Insurance. If Lender required mortgage insurance as a co Security Instrument, Borrower shall pay the premiums required to maintain 'tion of making the loan secured by this i , die ce?e required by Lender lapses or re premiums uired to ason, rte orwgc j obtain mortgage nstuance in effect. If, for any to be in effa, Borrower shall pay the rov coverage substantially equivalent to the nanaag substantially equivalent to the cost to Borrower of the mortgage insurance rev' insurance previously in effect, at a cost usl i ff f p insurer approved by Lender. If substantially equivalent mortgage insurance oov Launder each month a sum equal to one-twelfth of the yearly mortgage insurance y n e ect, rom an alternate mortgage a is not available, Borrower shall pay to ' b i insurance coverage lapsed or ceased to be in effect. Lender will accept, use and lieu of nortgage insurance. Loss reserve ayment l urn e ng paid by Borrower when the retain these payments as a loss reserve in p s may no onger be req inshaanee `coverage (in the amount and for the period that Leander requires) again bocwihes available and is obtained. Borrower shall pay the premiums ' , at the option of Lender, if mortgage ed by are usurer approved by Leader t i i effect, or to provide a loss reserve, until the requirement for mortgage ins agrmncnt between Borrower and Leader or applicable law: o ma nta n mortgage insurance in ends in accordance with any written 9. Inspection. Lender or its agent may make reasonable entries upon an give Borrower notice at the time of or prier to an inspection specifying reasonable o inspections of the Property. Leader shall cause for the inspection 10. C ndemnation. The proceeds of any award' or claim for damages, ffi 1rsM 116ot311211) . rect or consequential, in connection with BOOK 132Je PAGE Porm 3009 9/90 (pads 3 of 6 pules) c? - Grat ldus BW=n Famok Im E to Order CH: 1-4W6304 M ? FAX 111119-7911-141 any condemnation or other taldng of any part of • the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid ro Lender. In the event of a total Wdag of the Property, the *00011s shall be applied to the sums secured by this S4xnrity Ltst<umeat,"whedter or not then due, with any excess paid to Borrower. In the event of a POW taking of Ae Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the awns secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then date. If the Property is abandoned 6y Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released;-Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend! time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. • 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. -14..Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. "Ile notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. • 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note wf]ich can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited-by federal law as of the.date of this Security Instrument. , If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as ITEM 19SO41 49211) Form 3039 _9190 (page 4 of 6 pages) Greet Ukn Bushieu forms, Ira N BOOK j.325 PACE, 431 To order cat t•e09•53D-9393 ? rut 816-791.1131 5i app 112W may specify for'reinstatement). before sale of the Property pun Security[Instrument; or (b) entry of a jud ment f i h t to any power of sale contained in this g en orc ng t is Security j pays Lender all 'sums which then; would be. due under this Securit in t. Those conditions are that Borrower; a d y occurred; (b) craw any default of any other covenants or agreements; (c) s, Securityllnstrument, including, but not limited to, reasonable atop rne t an the Note as if no acceleration had ys all ex incurred in enf o? this y yrequire to assure that the lien of this Security Ins"entnt, Wad obligation. to pay the sums secured b thi S i (ht takes such paction erry as Lender may Borrower n in ghts the Property and s y s ecur ty Instrument shall continue .this Security Instrument and the obligations hefty shall mmiin Y However, tins fight to reinstate shall not l the appl in Upon reinstatement g am : Borrow . ve as if no a er, won occurred. f y cam ?Zeration under 14. Sale of Note; Change of Loan er. The Note or a partial. into Instrument) may be sold one or more times without rior noti B graph 7. in the Note (toget y with this Security ac p ce to orrower. (known as1the "Loan Servicer") that collects monthly payments due under the may be dne or more changes of the Loan Ser i sale may result in h ote and this Security Instrument. There also v cer unrelated to a saleof the No Borrower wilt be given written notice of the change in accordance with p will state the name and address of the n L S If there is a change of the Loan Services, h 14 above and applicable law.1'he notice + ew oan ervicer and the address to will also contain any otiter information ? required by applicable law. i 20 H 'ich payments should be made. The notice . azardous Substances. Borrower shall not cause or permit the Har?rdoris Substances on or in the pre I Property. Borrower shall not do nor ll c u ? ? disposal, storage, or release of any , a ow Property That is in violation of any Environmental Law. The preceding two switic storage on1 the Property of small quantities of H d anyone else to do, anything affecting the aces shall not apply to the Y Presence, use, or azar ous Substances that are rronrral residential uses and to maintenance of the Property enerall g y recognized to be appropriate to . Borrower shall promptly give Lender written notice of any investigation, c governmental or regulatory agency or private party involving the Propert and , demand, lawsuit or other action by any H d y Law of which Borrower has actual knowledge. If Borrower learns, or is aud?ority?that any removal or th i y azar ous Substance or Environmental red by any g?'W or regulatory o er remedi tion of any Hazardous Substance shall Pr;?P.dy take all necessary remedial actions in accordance with Env*kon ecting the Property is necessar ', Borrower tai Law As used in this paragraph 20, "Hazardous Substances" are those substances Environmental Law and the following substances: gasoline kerosene th . mod as toxic or hazardous substances by , , o er pesticides4 and herbicides, volatile solvents, materials containing asbestos or f used in i paragraph 20 "Environmental L " le or toxic p products, toxic yde, and radioactive dioactive materials. As s , aw means federal laws and law located lhat relate to health, safety or environmental protection = of the jurisdiction where the Property is . NONIU RM COVENANTS. Borrower and Lender further covenant an21. A61eratiou; Remedies. Lender shall give.uotice to Borrow i as ws: r w f er o er p n breach of any covenant or agreement in this Security Instrument (but not' unless applicable law provides otherwise). Lender shall notify Borrower or o t o ac ce lle ratti n following Borrower's rior to acceleration under paragraph 17 h , the action required to cure the default; (c) when the default must be cured; specified Imay result in acceleration of 'the sums -secu d b hi moo ot er things. (a) the default; (b) nd (d} that failure to cure he default as re y t s Secu proceedingland sale of the Property Lender shall furth i f B ty Instrument, foreclosure by judicial . er n orm orrower and the right to assert in the foreclosure proceeding the non-existence of a to acceleration and foreclosure. If the default I t d f the right to reinstate after acceleration efault or any other defense of Borrower s no cure as specified, Len `paymedt rm full of all sums secured by this Security Instrument without Security Instrument by judicial proceeding Lender sh ll b i er at its option may require immediate urther demand and may foreclose this . a e ent tled to eoU ,; . remedies provided In this paragraph 21, including, but not limited to, attorn exbent•perniitted by applicable law tall expenses incurred In pursuing the s' fees and costs of title evidence to the y , '=,',??2'`Rlkam Upon payment of all sums secured by this Security In ?:".coriveea;sJiaU terminate and become void. "After such aoctrrrerice Le de ' t, this Security Security Instrument and the estate l , n r I natrurtient without charge to Borrower. Borrower shall pay my recordation co still e: • y L ; ; 23: r Waive l discharge and satisfy this Security Ola . , rs. Borrows, to the extent ?• permitted by applicable law to #Is ? 'Y •?? P! enforce ce this Security Iastiiurneart d h ves and rdeases any error or defects in , , , an ereby waives the benefit ecu tion. en t sion ex ' ?' ,assay ofex of time, exemption from atmchme nt, levy and sale, 24 ' Rd tion any present or Entire laws providing for homestead exemption , e ens Period. B the comwA cenent of bidding at a sheriff's We other sale ? provided is ptnsuant t to o this ZS P h M . h 18 shall extend to one hour prior to ;ty Instrument , urc ase one Y ortgage, If any of flue debt secured by this acquire title 6 the Property.-das Security Instrument shall be a purchase money in a unity Instrument is lent to Borrower to e 26. i tereat Rate After Judgment. Borrower agrees that the interest the Note o ' an action of mortgage faoclosure shall b th ' , payable after a ' Ndgrrtertt is entered on f I e e rate payable from to time under the Note. BOOR 1325 racer ITEM 19601.3 Fw s 3039 9190 (page S of 6 pores) One1 era. 8 1 Furor, Inc. ¦ reordww I-800-E70.M ?FUC 4111-M•11M 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] n Adjustable Rate Rider R Condominium Rider 1-4 Family Rider F] Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider a Balloon Rider ? Rate Improvement Rider Second Home Rider F1 Other(s) [specify) BY SIGNING BELOW, Borrower &=pts and agrees to the tams and covenants contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) J S F. WARNOCK -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower COMMONWEALTH OF PENNSYLVANIA, t l9tl 14 9- c.R u t" Countyss: On this, the day of before me, J v (n.. oe • (? t r n k V-VW--, the undersigned officer, personally appeared J;r -rtn -es 91A reovoc known to the (or satisfactorily proven) to be the person whose name tS subscribed to the within instrument and acknow ?;,' that /T executed the same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission ez ' W0 taria1 Seal I John R. Beinhalx, Ne1ary ?ublict?y My eComss7ion ExAlres March 13u1898 rL,l 6dc ride CERTIFICATE OF RESIDENCE 1, ,? n 2. 4AC4 kv.r., do herehy certify that the correct address of the within named lender is F" 4 '8AlU IL Witness my hand this day of ,?qqb oN o ?t. 1? RUC ?s ?.,2.ir?6t7L Agent of Lander ITEM 196OLO (9211) BOOK 1325 PAGE, 433 Ferro X039 9190 (Page 6 of 6 paau) Glut Lakn Buahwa Fermi. lac. ¦ Ta Order Call. 1.100-590-9793 0 FAX !16791.1171 1. ALL THAT CERTAIN unit in the property known, named and identified as Creekside Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C.S. 3101 et seq, by the recording in the Recorder of Deeds office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscellaneous Book 301, Page 71, of a Declaration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% interest in and to the Common Elements as is more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING the same premises which Michael C. Manning and Loretta R. Manning, husband and wife, by their deed dated September 21, 1988 and recorded March 7, 1990 in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 34 L, Page 253, granted and conveyed unto Fred P. Connor and Cheri Ann Swaim, as Tenants in Common, the Grantors herein. Joseph M. Uhrinek joins in this deed to convey any and all rights he may have to the subject premises. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record. sooK1325 racy. 434 CONDOMINIUM RIDER TIES CONDOMINIUM RIDER is made this 7TH day of June 1996 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to FULTON BANK of the same date and covering the Property described in the Security instrument and located at: 574 VALLEY STREET, SOttMRDUZ, PENNSYLVANIA 17093 (Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: C EEKSIDE VILLROE (Name of Condominium Pmjectl (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and L.enft further covenant and agree as follows: A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents 71te "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iit? code of regulations; and Div) other equivalent documents. Borrower shall pro mptly pa when due, all dties and assessments as imposed pursuant to the Constituent Documents. Assocon maintains, with a generally acre insurance carrier, a B. Hazard ituuraace. So long the Owners "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fie and hazards included within the term "extended coverage," then: (r Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the inquired coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse m rrooqquued hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements any Oucoods payable to Borrower are hereby assigned and shall be paid to Fender for aapppplication to the sums secured by the Stecurity Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for es direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of tfie Sup Y, whether of the unit or of the common elements, or for anconveyance in: lieu of:condemnadon, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by lender to the 'sums secured by'the Security Instrument as provided in Uniform Covenant 10. E. Leader's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) The abandonment or termmatron of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taldng by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; - - ii termination of professional management and assumption of self-management of the Owners Association; or (iv; any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower.does not pay condominium dues and assessmealts when due, then Lender may pa them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security tnstuvmeitt. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note ralvand shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. _ (Seal) Borrower -4. 6'"e`/`? (Seal) I? s r . WMMOCR -Borrower - (Seal) -Borrower - (Seal) Borrower MULTISTATE CONDOMINIUM RIDER -- Single Family -- Fannie Mae/Freddte Mac UNIFORM INSTRUMENT Form 3140 9196 ITEM 1623LO (9112) Graf taM ewinea Ferms. inc. Z le OFdn Gr. 1.100.570-9397 ? FAX 616.791-1171 BOOK1325PAGE 435 ,wM:Q of,Ponnsylvania SS ,,^.3unty of Cumberland c-Fdttd i the office for the recordi i abd burland County?f in o . Pa '? .•,14l,n, c my hand ai of fftc c Csrr-- o, PA this deY FEKSTERP1ft CFH: [: R A' ATTORNEYS AND CG!' 5232 EAST TRIP of Dermas f ti?r JUELORS Xf LAW PA 17055 Act 91 Letter - dated 02/08/07 70041160 0000 0100 70R7 ACT 91 LETTER CERTIFIED MAILING Warnock. James F / 5700746741 U .S. P ost al Ser vice C ERT IFI ED MAIL RE CE IPT . ( Domest ic M arl Only : No Ins urance Cove rage Pr ovided) o 0 F F I C I A L USE r? Cl 11=1 Cefted Fee C3 Retum Redep Foe `Postmark`. (Endorsement Required) , Here O Rsstrtded Delivery Fee jj .D (Endorsement Required) r-3 TotP, o....,__- . ,---- d! -r James F Warnock 0 574 Valley St r` PO Box 501 Orp err, Summerdale, PA 17093 ----........ ¦ Complete Items 1, 2, and 3. Also complete item 4 N Restricted Dellmy Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artlole Addressed to: James F Warnock 574 Valley St PO Box 501 Summerdale, PA 17093 ?Oe a? A. Signature /" -B'Agent X 7. B. 96calved by (Printed Name) C. Date of Delivery i?tvJ EGG/i-???? 17 D. is delive y address different from mom 17 0 Yes If YES, ether delivery address below: 0 No 9. Service Type O C&titled mall 0 Express mail 0 Registered 0 Return Reoelpt for Merchandise 0 Insured Md CI C.O.D. 4. Restricted Delivery? (Ektra Fee) 0 Yes 2. Article Number (rhn,sNer irwn m aerobe A1W 7004 1160 0000 0100 7087 PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-M-1640 r February 8, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Warnock, James F PROPERTY ADDRESS: PO Box 501, Summerdale, PA 17093 MAILING ADDRESS: PO Box 501, Summerdale, PA 17093 LOAN ACCT. NO.: 5700746741 ORIGINAL LENDER: Fulton Bank CURRENT LENDER/SERVICER: Fulton Bank as servicing agent for Federal National Mortgage Association PROPERTY LOCATED AT: PO Box 501, Summerdale, PA 17093 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. 2 It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at because: PO Box 501, Summerdale, PA 17093 IS SERIOUSLY IN DEFAULT A. YOU HAVE NOT MADE MORTGAGE PAYMENTS FROM 12/01/2006 THROUGH 02/01/2007 and are currently past due for the following amounts: Total Payment Amount: $1,988.13 Accumulated late/other charges: $50.26 Accumulated attorney fees: $0.00 TOTAL AMOUNT PAST DUE: $2,038.39 HOW TO CURE THE DEFAULT --You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,038.39, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ATTN: Doug Heffner Fulton Bank P. O. Box 4887 Lancaster, PA 17604 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, Yu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pang the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you 4 wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank Address: P. O. Box 4887, Lancaster PA 17604 Phone Number: (610) 898-8333 Fax Number: (610) 208-8602 Contact Person: Doug Heffner EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 5 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, ?4- Doug Heffner Fulton Bank Certified and Regular Mail 6 THE FOLLOWING LIST CONSISTS OF THOSE COUNSELING AGENCIES WITHIN THE CUMBERLAND COUNTY AREA. PLEASE CONTACT THEM FOR ASSISTANCE Adams County Interfaith Housing Loveship, Inc. Authority 2320 North 5th Street 40 E High Street Harrisburg, PA 17110 Gettysburg, PA 17325 717.232.2207 717.334.1518 Maranatha CCCS of Western PA 43 Philadelphia Avenue 2000 Linglestown Road Waynesboro, PA 17268 Harrisburg, PA 17102 717.762.3285 888.511.2227 PHFA Community Action Commission of 211 North Front Street Captial Region Harrisburg, PA 17110 1514 Derry Street 717.780.3940 Harrisburg, PA 17104 800.342.2397 717.232.9757 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 7 -40 p ? ?? ? 1 r ° lYh' 1 i C7'1 -{ BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299-52(11 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION - LAW V. No. 07-1841 Civil Term JAMES F. WARNOCK, MOTION OF FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT PA.R.C.P. 430 AND NOW, comes the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank, by and through its attorneys, Barley Snyder LLC, Esquires and move your Honorable Court, pursuant to Pa. R.C.P. 430(a) and 430(b), for a special order directing service of process upon the Defendant, James F. Warnock by publication, as well as service of the default notice and Notices of Sheriff's Sale upon Defendant, James F. Warnock by publication, if necessary, pursuant to Rule 430(b)(1), as follows: I . On April 3, 2007, the Plaintiff filed its Complaint against the Defendant. 1913932-1 2. The Sheriff of Cumberland County, Pennsylvania attempted service upon the Defendant at 574 Valley Street, Summerdale, Pennsylvania 17093 on numerous occasions, but was informed by a neighbor that the Defendant is rarely home. A true and correct copy of the Sheriff's Return is attached hereto and made a part hereof as Exhibit "A". 3. Plaintiff s counsel prepared a Request for Change of Address for the Defendant. 4. The Response to the Request for Change of Address for the Defendant indicates that 574 Valley Street, P.O. Box 501, Summerdale, Pennsylvania 17093 is still a good address for Defendant. A true and correct copy of the Response is attached hereto and made a part hereof as Exhibit "B". 5. The Plaintiff will suffer irreparable harm and injury if the Plaintiff is not allowed to effect alternate service of process upon the Defendant, James F. Warnock, as well as serve the default notice and Notices of Sheriff's Sale under Pa.R.C.P. 430. WHEREFORE, the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank, prays your Honorable Court to enter an Order authorizing service of process of the Complaint in the within matter upon the Defendant, James F. Warnock, by publication in accordance with Pa.R.C.P.430(b)(1) and, if necessary, service of the default notice and Notices of Sheriff's Sale by publication in accordance with Pa.R.C.P. 430(b)(1). BARLEY SNYDER Date: 5 (IN By: ?kfawn M. Long, Esquire 126 East King Street Lancaster, PA 17602 Attorney I.D. No. 837 Attorneys for the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank 1913932-1 2 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01841 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS WARNOCK JAMES F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WARNOCK JAMES F but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 574 VALLEY STREET , WARNOCK JAMES F NOT FOUND , as to SUMMERDALE, PA 17093 NUMEROUS ATTEMPTS MADE - UNABLE TO MAKE SERVICE. PER NEIGHBOR, DEFENDANT IS RARELY HOME. Sheriff's Costs: So answers ,?r_r- ?r- Docketing 18.00 _ Service 61.44 Not Found 5.00 R. Thoma. Kline Surcharge 10.00 Sheriff of Cumberland County .00 94.44 BARLEY SNYDER 05/07/2007 Sworn and Subscribed to before me this day of , A. D. r- wn, 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com May 14, 2007 To: Postmaster U. S. Postal Service Summerdale, PA 17093 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION Colleen Brelje, Paralegal Direct Dial Number: 610.898.7166 E-mail: cbrelje@barley.com Please furnish the new address for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Also include any address listed on a permanent change of address order application (Form 3575): Name (if known) James F. Warnock Last Known Address 574 Valley Street City, State, ZIP Code Summerdale, PA 17093 The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii): Attorney. Capacity of requester (e.g., process server, attorney, party representing himself): 2. The names of all known parties to the litigation: Federal National Mortaa>7e Association, by is Agent, Fulton Bank vs. James F. Warnock. 3. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas. Term. 4. The docket or other identifying number if one has been issued: 07-1841 Civil 5. The capacity in which the customer is to be served (e.g., defendant or witness): Defendant, James F. Warnock. Reading • York • Lancaster • Harrisburg-Berwyn • Hanover • Chambersburg EXH11 1 , ? . Postmaster May 14, 2007 Pages 2 6. A brief description of the nature of the litigation (e.g., domestic relations, personal injury, property damage, indebtedness): indebtedness. I certify that the above information is true and that the name and/or street address of the customer is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature -Colleen Brelie Paralegal Printed Name Barley Snyder LLC Address 501 Washington Street Address Readina, PA 19603 City, State, ZIP Code FOR POST OFFICE USE ONLY Name - Street Address bc-, 1 -` --t- City, State, ZIP Code } ?/?N•?R -? ?c? l?. - ,A ti169 3 No change of address on file. _ Not known at address given _ Moved, left no forwarding address. No such address. X n Postmark 1416845-1 ??.? :, ? ?:. `?- .--n c's ?? -?,, } ;- ,# • • ;_: r?,_'? -" ?- c . BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term JAMES F. WARNOCK, AMENDED MOTION OF FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT PA.R.C.P. 430 AND NOW, comes the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank, by and through its attorneys, Barley Snyder LLC, Esquires and move your Honorable Court, pursuant to Pa. R.C.P. 430(a) and 430(b), for a special order directing service of process upon the Defendant, James F. Warnock by publication, as well as service of the default notice and Notices of Sheriff s Sale upon Defendant, James F. Warnock by publication, if necessary, pursuant to Rule 430(b)(1), as follows: 1. No judge has ruled upon any issue in this matter or any related matter. 1958507-1 2. Concurrence has not been sought in this matter as Defendant is not represented and, therefore, there is no opposing counsel to obtain concurrence. 3. On April 3, 2007, the Plaintiff filed its Complaint against the Defendant. 4. The Sheriff of Cumberland County, Pennsylvania attempted service upon the Defendant at 574 Valley Street, Summerdale, Pennsylvania 17093 on numerous occasions, but was informed by a neighbor that the Defendant is rarely home. A true and correct copy of the Sheriff's Return is attached hereto and made a part hereof as Exhibit "A". 5. Plaintiff's counsel prepared a Request for Change of Address for the Defendant. 6. The Response to the Request for Change of Address for the Defendant indicates that 574 Valley Street, P.O. Box 501, Summerdale, Pennsylvania 17093 is still a good address for Defendant. A true and correct copy of the Response is attached hereto and made a part hereof as Exhibit "B". 7. The Plaintiff will suffer irreparable harm and injury if the Plaintiff is not allowed to effect alternate service of process upon the Defendant, James F. Warnock, as well as serve the default notice and Notices of Sheriff s Sale under Pa.R.C.P. 430. WHEREFORE, the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank, prays your Honorable Court to enter an Order authorizing service of process of the Complaint in the within matter upon the Defendant, James F. Warnock, by publication in accordance with Pa.R.C.P.430(b)(1) and, if necessary, service of the default notice and Notices 1958507-1 2 of Sheriff s Sale by publication in accordance with Pa.R.C.P. 430(b)(1). BARLEY Date: By: Shav,fn M. Long, /qe 12WEast King StLancaster, PA 17Attor ney I.D. NoAttorneys for the Federal National sociation, by its Agent, Fult 1958507-1 SH?x1rr 5 KhTUKIV - 1vVi rvvivL CASE NO: 2007-01841 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS WARNOCK JAMES F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WARNOCK JAMES F but was unable to locate Him in his bailiwick. He therefore returns the (1nMDT.A TTTm r_ M()MT0V the within named DEFENDANT 574 VALLEY STREET , WARNOCK JAMES F NOT FOUND , as to SUMMERDALE, PA 17093 NUMEROUS ATTEMPTS MADE - UNABLE TO MAKE SERVICE. PER NEIGHBOR, DEFENDANT IS RARELY HOME. Sheriff's Costs: So answers: -- Docketing 18.00 Service 61.44 Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 94.44 BARLEY SNYDER 05/07/2007 Sworn and Subscribed to before me this day of , A.D. 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 Tel 610.376.6651 Fax 610.376.5243 www.barley.com May 14, 2007 To: Postmaster U. S. Postal Service Summerdale, PA 17093 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION Colleen Brelje, Paralegal Direct Dial Number: 610.898.7166 E-mail: cbrelje@barley.com Please furnish the new address for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form. Also include any address listed on a permanent change of address order application (Form 3575): Name (if known) James F. Warnock Last Known Address 574 Valley Street City, State, ZIP Code Summerdale PA 17093 The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii): 1. Capacity of requester (e.g., process server, attorney, party representing himself): Attorney. 2. The names of all known parties to the litigation: Federal National Mortgage Association, by its Agent Fulton Bank vs. James F. Warnock. 3. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas. 4. The docket or other identifying number if one has been issued: 07-1841 Civil Term. 5. The capacity in which the customer is to be served (e.g., defendant or witness): Defendant, James F. Warnock. Reading - York • Lancaster • Harrisburg • Berwyn • Hanover - Chambersburg 17 `'???? R Postmaster May 14, 2007 Pages 2 6. A brief description of the nature of the litigation (e.g., domestic relations, personal injury, property damage, indebtedness): indebtedness. I certify that the above information is true and that the name and/or street address of the customer is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signature t? Colleen Brelie Paralegal Printed Name Barley Snyder LLC Address 501 Washington Street Address Reading? PA 19603 City, State, ZIP Code FOR POST OFFICE USE ONLY Name Street Address City, State, ZIP Code 69 3 No change of address on file. _ Not known at address given _ Moved, left no forwarding address. No such address. Postmark 1916845-1 f? C.x ?, c,. , ? ' f ti"c c ?:,... ? ?? ? ? r? c , r, `- 1 FEDERAL NATIONAL IN THE COURT OF COMMON PLEAS OF MORTGAGE ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA BY ITS AGENT, FULTON BANK, Plaintiff V. CIVIL ACTION - LAW JAMES F. WARNOCK, Defendant NO. 07-1841 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 2007, upon consideration of the Motion of Federal National Mortgage Association, by its Agent, Fulton Bank, for Service Pursuant to Special Order of Court PA R.C.P. 430, it is ordered and directed that service of the complaint in this motion shall be made (1) by posting the premises at 574 Valley Street, Summerdale, PA 17093, (2) by regular and certified mail at 574 Valley Street, P.O. Box 501, Summerdale, PA 17093, service to be deemed complete upon mailing, and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania. FOLLOWING SERVICE of original process in the manner prescribed above, service of subsequent papers may be made by regular mail to Defendant's last known address and by posting of the property. BY THE COURT, Shawn M. Long, Esq. 126 E. King Street Lancaster, PA 17602 Attorney for Plaintiff h nji r BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank ACTION - LAW o. 07-1841 Civil Term AFFIDAVIT IN SUPPORT OF PLAINTIFF' MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF LANCASTER SHAWN M. LONG, ESQUIRE, being duly sworn according to law, deposes and says that he is the attorney of record for the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank and that the following is an itemization of the efforts taken by the Plaintiff to locate the Defendant, James F. Warnock to effect service under the provisions of the Pennsylvania Rules of Civil Procedure, without success: 1913932-1 1. The address of the Defendant, James F. Warnock, as referenced in the June 7, 1996 loan documentation with Plaintiff was 574 Valley Street, Summerdale, Pennsylvania. 2. The Sheriff of Cumberland County, Pennsylvania attempted service upon the Defendant at 574 Valley Street, Summerdale, Pennsylvania 17093 on numerous occasions, but was informed by a neighbor that the Defendant is rarely home. 3. Plaintiff's counsel prepared a Request for Change of Address for the Defendant. 4. The Response to the Request for Change of Address for the Defendant indicates that 574 Valley Street, P.O. Box 501, Summerdale, Pennsylvania 17093 is still a good address for Defendant. 5. The Plaintiff has no knowledge of the whereabouts of the Defendant, James F. Warnock. Shpft M. Long, Esquire 126 East King Street Lancaster, PA 17602 Attorney I.D. No. 83 4 Attorneys for the Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank Sworn to and subscribed before me this A21 day of , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea` Sherri L. Johnson, Notary Public City Of Larxaster, Lancaster County MY Corrrmission Expires Oct 4, 2008 Member, Pennsylvania Association Of Notaries 1913932-1 2 ?? m --i ,, .?_ '" ? --,-t? =`i a ,_.-? „?? 1 ---'` ,_: W C,:?I - C, SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-01841 P ,COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS WARNOCK JAMES F R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WARNOCK JAMES F but was unable to locate Him in his bailiwick. He therefore returns the rl1 1- T TTTT r TT/\ T "" the within named DEFENDANT 574 VALLEY STREET SUMMERDALE, PA 17093 WARNOCK JAMES F NOT FOUND , as to NUMEROUS ATTEMPTS MADE - UNABLE TO MAKE SERVICE. PER NEIGHBOR, DEFENDANT IS RARELY HOME. Sheriff's Costs: Docketing 18.00 Service 61.44 Not Found 5.00 Surcharge 10.00 00 3/a a./b 7 ?,,, ? 94.44 So answers: R. Thoma Kline Sheriff of Cumberland County BARLEY SNYDER 05/07/2007 Sworn and Subscribed to before me this day of A. D. BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank T OF COMMON PLEAS OF ?ERLAND COUNTY, PENNSYLVANIA ACTION - LAW V. No. 07-1841 Civil Term JAMES F. WARNOCK, PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. BARLEY SNYDER Dated: ?,0 0 WawniIGI. Long, Esquire Attorneys for Plainti Federal National gage Association, by its Agent, Ful n Bank Court I.D. No. 83774 126 E. King Street Lancaster, PA 17603 717.299.5201 1995827-1 C A -- X ? t V i v .. _ ,? J _ • 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS WARNOCK JAMES F KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WARNOCK JAMES F the DEFENDANT at 1545:00 HOURS, on the 30th day of July 2007 at 574 VALLEY STREET SUMMERDALE, PA 17093 by handing to POSTED AT 574 VALLEY STREET SUMMERDALE, PA 17093 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 15.36 Affidavit .00 Surcharge 10.00 .00 31b46.7 ( ,, ? 43.36 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/01/2007 BARLEY SNYDER By: A. D. J BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank T OF COMMON PLEAS OF IERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . ss. Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served 00-axi Colleen Brelje, Paralegal Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 a true and correct copy of the Complaint upon James F. Warnock, 574 Valley Street, P. O. Box 501, Summerdale, Pennsylvania 17093 by mailing the same to him by certified mail, return receipt requested on July 31, 2007 at 5:00 p.m. Sworn to and subscribed before me this QA day of 2007 , Not ublic COMMONWEALTH OF PENNSYLVANIA WNW Seal Marperet C. PUUW, Notary Public ORy Of Reading, Bert County My Corm gon Expires March 22,2W9 Member, Penneylvenla Aaeoclatlon of Notaries 20097901 tr.- y: 7160 3901 9549 1452 3309 TO: James F. Warnock 574 Valley Street P.O. Box 501 Summerdale, PA 17093 SENDER: Colleen Brelje REFERENCE: Fulton/Wamock RETURN Ferfiffied RECEIPT Fee SERVICEeceipt Fee d Delivery stage 8 Fees US Postal SerAce Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for wernational Mall by% --- ---------- -------------- -------- ----- -- -- -- -- ----------- - ---- Article Numtlff NIINNIIINIII191111111 -Mel 1412 3 Service CERTIFIED MAIL TYPe 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: James F. Warnock 574 Valley Street P.O. Box 501 Summerdale, PA 17093 B. Date of Delivery A Received by (Please Print Clearly) ?o-.,aeS tv arroc k ?- 3? Q1 i c. Slpneturs °!?? ???reesee X delivery address dNfereM from item 1? ? wa It YES, enter delNery address below: Fulton/Warnock Colleen Brelje Domestic Ratum Receipt PS Form 3811, January -- - - _.+r c"? +v m t BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, T OF COMMON PLEAS OF tERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term VERIFICATION Colleen Brelje, hereby verifies that on August 3, 2007 service of the Complaint was served by publication upon the Defendant, James F. Warnock, in accordance with Order of Court dated June 29, 2007 in the Sentinel and the Cumberland County Law Journal. Proofs of publication in the Sentinel and the Cumberland County Law Journal are attached hereto and marked Exhibit "A". BARLEY SNYDER LLC Dated: August 13, 2007 By: Colleen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603 Attorneys for Plaintiff, Federal National Mortgage Association, by its agent, Fulton Bank 2016066-1 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) August 03, 2007 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. q, "M A 10 Sworn to and subscribed before me this 07th. day of f August, 2007. C Notary Publi My commission expires: qI, loy COMMONWEALTH OF PENNSYLVANIA ChnsV a L. Wolfe, No%arY Public Cam Born cw berww Cow?tY Expires Sept • 2008 Member. Pennsylvania Association Of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?1 a-- t141 is arie Coyne, E for r SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ,........ ? :. , ,.p, .... ?..... .. ;r .r,. ?:, _.. r "0 . CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 07-1841 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff VS. JAMES F. WARNOCK, Defendant NOTICE To: James F. Warnock You are hereby notified that on April 3, 2007, Plaintiff, Federal Na- tional Mortgage Association, by its Agent, Fulton Bank filed a Complaint endorsed with a Notice to Defend against you in the Court of Common Pleas of Cumberland County, Penn- sylvania, docketed to No. 07-1841, which has been reinstated, wherein Plaintiff seeks to enforce its rights under a Note and Mortgage on your property located at 574 Valley Street, Summerdale, Pennsylvania. Since your current whereabouts are unknown, the Court by Order dated June 29, 2007, ordered notice of said facts and the filing of the Complaint to be served upon you as provided by R.C.P. 430(b). You are hereby notified to plead to the above referenced Complaint on or before 20 DAYS from the date of this publication or Judgment will be entered against you. NOTICE You have been sued in Court. If you wish to defend, you must enter a written appearance personally or by attorney, and file your defenses or obligations in writing with the Court. You are warned that if you fail to do so, the case may proceed without you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERV- ICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 SHAWN M. LONG, ESQUIRE BARLEY SNYDER LLC 126 E. King Street Lancaster, PA 17603 (717) 299-5201 Aug. 3 "? ?--. t? ? ?r,.1 ?1 _ '?j' i {.1 _ , + y i ^J _ t. . ? ???., .. f .. . a ol..,. ?s-.,:.? ? _ .. ? ?. ""? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01841 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL NATIONAL MORTGAGE VS WARNOCK JAMES F RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WARNOCK JAMES F the DEFENDANT , at 1338:00 HOURS, on the 21st day of August , 2007 at 574 VALLEY STREET SUMMERDALE. PA 17093 by handing to POSTED PROPERTY AT 574 VALLEY STREET SUMMERDALE 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 15.36 Posting 6.00 Surcharge 10.00 .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/22/2007 BARLEY SNYDER By. Deputy Sofieriff of A. D. BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank T OF COMMON PLEAS OF ERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term JAMES F. WARNOCK, PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Federal National Mortgage Association, by its Agent, Fulton Bank and against Defendant, James F. Warnock, for want of an answer. (X) Assess damages as follows: Principal Balance $59,567.83 Interest through - 3/19107 at a rate of $13.06 per diem 1,823.49 Late Charges 100.52 Positive Escrow Balance (111.96) Attorneys' Fees 3,000.00 Total $64,379.88 2038954-1 plus continuing interest after March 19, 2007 at a rate of $13.06 per diem, plus continuing late charges and costs. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( ) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa. R.C.P. 237. 1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY SNXDER LLC its Agent, Fult9an Court I.D. No. 83774 Date: 1 S 0-) By: {ShyAm M. Long, Esquire Attorneys for Plaintiff Federal National Association, by 126 East King Street Lancaster, PA 17602 (717) 299-5201 NOW, +. 12t??' , 2007, JUDGMENT IS ENTERED AS ABOVE. 5 r thonotary/Clerk, Civil ivision '?"" '-K. A"? , By: Deputy 2038954-1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland. PA 17603 717 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff Attorneys for Plaintiff Federal Nad mal Mortgage Association, by its Agent Falcon Bank T OF COMMON PLEAS OF BRLAND COUNTY, PENNSYLVANIA ACTION - LAW V. No. 07-1841 Civil Term JAMES F. WARNOCK, To: James F. Wamock Date of Notice: August 14, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN ,-- APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 2016078-1 YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Long, Esquire Court I.D. #83774 George J. Shoop, Esquire Court I.D. #25367 Barley Snyder LLC 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 2016078-1 •,d BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank T OF COMMON PLEAS OF ERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term JAMES F. WARNOCK, PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . ss. Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the 10-day Default Notice upon James F. Warnock, 574 Valley Street, 2016078-1 OW ti P.O. Box 501, Summerdale, Pennsylvania 17093, by regular mail on August 14, 2007 at 5:00 p.m. BARLEY SNYDER LLC By: 0, foe? Ldow, o Teen Brelje, Paralegal 501 Washington Street P.O. Box 942 Reading, PA 19603-0942 (610) 376-6651 Sworn to and subscribed before me this jl?h day of , 2007 No y biic COMMONWEALTH OF PENNSYLVANIA Notwkd Seal L409B M C. Pwzlal, Nobtry PWk Cfly Of Rea ft Serb County My CAmnti M fthw Meech M 2009 Member, Penn"anta Association of Notaries 2016078-1 yr ' , BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 Attorneys for Plaintiff Federal National Mortgage Association, by its Arent Fulton Bank FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. T OF COMMON PLEAS OF IERLAND COUNTY, PENNSYLVANIA ACTION - LAW o. 07-1841 Civil Term JAMES F. WARNOCK, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that James F. Warnock, the Defendant is not in the Military or Naval Service, based on the following facts: Age of Defendant is unknown; Present place of employment is unknown; Present place of Residence is 574 Valley Street, Summerdale, PA 17093 as of the date of this affidavit. 2038954-1 r.. ADDITIONAL FACTS, if any. BARLEY Date: 174q By: Shawn /onal squire Attornetiff Federaortgage Association, by it s Age ank Court I.D. No. 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn and subscribed to before me this J+ day of tcJt?ear- , 2007. Notary Public ONWEX-TH OF PENNSYLVANIA Nolstrld Bed &W L. Johnson. Notary Public ? d Lan=w' Larxs w (aU My Co ffftdon bores Oct. 4, 200nty 8 Member, Pennsytyante Association Of tdctarir 5 2039954-I R _th, cA "` IJ v ?A lip 9? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: James F. Warnock Defendant YOU ARE HEREBY NOTIFIED that Federal National Mortgage Association, by its Agent, Fulton Bank has caused a judgment by default to be entered against you with the Prothonotary of Cumberland County. The judgment was entered on 9&AJ-Q7 , to No. 07-1841 Civil Term with the Court of Common Pleas of Cumberland County - Civil Division. The judgment is in the amount of $64,379.88, plus interest from March 19, 2007, at a rate of $13.06 per diem, continuing late charges and costs of suit. PROTHONOTARY By: ucxe 2038954-1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, 5174 v0,11N st ummerbdwa, PA 110 07-1841 Civil Term Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA JIL ACTION - LAW o. 07-1841 Civil Term PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: Principal Interest to 3/19/07 Positive Escrow Balance Late Charges Attorneys' Fees TOTAL: By: $ 59,567.83 $ 1,823.49 $ (111.96) $ 100.52 $ 3,000.00 $ 64,379.88 BARLEY SNYDER LLC wn IGI. Long, Esqu' e ttorneys for Plaint' , Federal National ortgag by its Agent, F on Bank Court I.D. No 83774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Association, 2080031-1 n _ O Q 6 6 O Lt) 00 04 -V ALL THAT CERTAIN unit in the property known, named and identified as Creekside Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C. S. 3101 et seq by the recording in the Recorder of Deeds Office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscellaneous Book 301, Page 71, of a Declaration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% interest in and to the Common Elements as is more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING THE SAME PREMISES which Fred P. Connor, married individual and Cheri Ann Swaim, now known as Cheri Ann Uhrinek and Joseph M. Uhrinek, husband and wife, by deed dated June 7, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 140, Page 900, granted and conveyed unto James F. Warnock. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights- of-way of record. SEIZED IN EXECUTION as the property of James F. Warnock on Judgment No. 07- 1841 Civil Term. 2080136-1 BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff 07-1841 Civil Term Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA JIL ACTION - LAW V. No. 07-1841 Civil Term JAMES F. WARNOCK, AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 LANCASTER COUNTY, SS: Before me, the undersigned authority, personally appeared Shawn M. Long, Esquire, who being duly sworn according to law, doth depose and say that James F. Warnock, Defendant is not in the Military or Naval Service, based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence is 574 Valley Street, Summerdale, PA 17093, as of the date of this affidavit. ADDITIONAL FACTS, if any. Affidavit based upon representations of Plaintiff. 2080031-1 07-1841 Civil Term Date: L#177,?O? By: BARLEY SOYDEF LLC Sfiawn /Nat'nal squire Attornetiff Federal ortgage Association, by its A n Bank Court I. 774 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Sworn and subscribed to before me this cr)D day of 2007. ?r Notary Public COMMONWEALTH OF PENNSYLVANIA =Oct. Sherri L. lic City Of Lanunty My Commis008 Member, Pennsylvania Association Of Notaries 2080031-1 _,j,I BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, ' ndant 07-1841 Civil Term Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION - LAW o. 07-1841 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James F. Warnock 574 Valley Street Summerdale, PA 17093 Your house (real estate) at 574 Valley Street, Summerdale, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on March 5, 2008 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, Pennsylvania to enforce the court judgment of $64,379.88 obtained by Federal National Mortgage Association, by its Agent, Fulton Bank, against you. 2080031-1 07-1841 Civil Term 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: 1. The sale will be canceled if you pay to Federal National Mortgage Association, by its Agent, Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 2. 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. 3. 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. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (888) 697- 0371 ext. 6390. 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. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (888) 697-0371 ext. 6390. 2080031-1 V4 07-1841 Civil Term 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. 5. 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 or about April 4, 2008. This schedule will state who will be receiving the 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 April 4, 2008. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 2080031-1 ALL THAT CERTAIN unit in the property known, named and identified as Creekside Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C. S. 3101 et seq by the recording in the Recorder of Deeds Office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscellaneous Book 301, Page 71, of a Declaration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% interest in and to the Common Elements as is more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING THE SAME PREMISES which Fred P. Connor, married individual and Cheri Ann Swaim, now known as Cheri Ann Uhrinek and Joseph M. Uhrinek, husband and wife, by deed dated June 7, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 140, Page 900, granted and conveyed unto James F. Warnock. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights- of-way of record. SEIZED IN EXECUTION as the property of James F. Warnock on Judgment No. 07- 1841 Civil Term. 2080136-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1841 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION, by its Agent, FULTON BANK, Plaintiff (s) From JAMES F. WARNOCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,379.88 Interest to 3/19/07 -- $1,823.49 Atty's Comm % Atty Paid $316.16 L.L. $.50 Due Prothy $2.00 Other Costs Positive Escrow Balance - ($111.96) Late Charges - $100.52 Attorney's Fees - $3,000.00 Plaintiff Paid Date: 10/30/07 (Seal) REQUESTING PARTY: Name SHAWN M. LONG, ESQUIRE Address: BARLEY SNYDER LLC 126 E. KING STREET LANCASTER, PA 17602-2893 Attorney for: PLAINTIFF Telephone: 717-299-5201 &. kma *urt-is ?RLongg, Prothono y By: &6,2. L - A a Deputy Supreme Court ID No. 83774 * ".N FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA ACTION - LAW 07-1841 Civil Term PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . ss. Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served true and correct copies of the Notice of Sheriff's Sale of Real Property, Notice of Sheriffs Sale and Notice Pursuant to PA. R.C.P. 3129, by mailing the same to James F. Warnock, 574 Valley Street, P.O. Box 501, Summerdale, PA 17093, by certified mail, return receipt requested on February 2, 2008, at 5:00 p.m. Gr 1?1a? Sworn to and subscribed before me this /541? day of 2008 C tea! c?-%? Not y blic 2165419-1 Colleen Brelje, Paralegal Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, PA 19603 (610) 376-6651 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margaret C. Edwards, Notary Public City Of Reading, Berks Cour My Commission Expires March 22, 2009 Member. Pennsylvania Association of Notaries t+ ?• 7140 M 9549 3750 3368 TO: James F. Warnock 574 Valley Street Summerdale, PA 17093 SENDER: Colleen Brelje REFERENCE: Fulton/Wamock RETURN 7R:rWf.-?R::Pt ge RECEIPT eSERVICE Fee Total Postage & Fees US Postal Service Receipt for Certified Mail No Im warw C wapa Provided Do Not Uaa for kM w**M l (Nail ()_ RK OR D L? G dN? l'I? 6 (;?2a?<- 50 - .. r' FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff V. JAMES F. WARNOCK, URT OF COMMON PLEAS OF MBERLAND COUNTY, PENNSYLVANIA ACTION - LAW 07-1841 Civil Term PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BERKS . ss. Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served a true and correct copy of the Notice of Sheriffs Sale and Notice Pursuant to PA. R.C.P. 3129, by mailing the same to the parties on the attached sheet by regular mail with Postal Form 3817 attached on January 22, 2008 at 5:00 p.m. Sworn to and subscribed before me this L day of F21=u a Inf , 2008 /""j- cv"'& Notar? P lic 2165425-1 CdH6en Brelje, Paralegal Barley Snyder LLC 501 Washington Street P.O. Box 942 Reading, PA 19603 (610) 376-6651 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margaret C. Edwards, Notary Public City Of Reading, Berks County My Commission E)ires March 22, 2009 Member, Pennsylvania Association of Notaries ?3JVISOd Sn'`. CERTIFICATE OF MAMING V.S. POSTAL SERVICE 1 N {, MAY BE USED FOR DOMESTIC AND INTERNATIONAL OI 81 rn 1 LC) MAIL, DOES NOT PROVIDE FOR INSURANCE -POSTMASTER o av (V E 1 ?, O Ln LL 0 . P.O. Box 9 r- 501 WASHINGTON STREET ?3 i READING, PA 19603.0942?1,? f-. of ordinary mail addressed to: One trace PS Form 3817, January 2001 3!DVISOd sn U.S. POSTAL SERVICE CERTIFICATE OF MAN.MG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT m PROVIDE FOR INSURANCE-POSTMASTER Q OI 00 N ? UA 501 WASHINGTON STREET • P.O. Box 942 READING, PA 19603-0942 41SVH v TI O I LI v 0 0 1 1 1 I 1 l $1.059 Mailed From 196 - O l0.. O t? t J IS ? Cn 0 7. yam. MC: O © 3 T? om Ni tin C 4r'( PS Fo 3817, January 2001' w -, i o yr b c o cA m C V A ? o ? z mi m 39VISOd sn? N ?' 'O d U.S. POSTAL SERVICE CERTIFICATE OF MAWNG n z ° z z MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT m 9 a A PROVIDE FOR INSURANCE-POSTMASTER N of m ? O a ? ? ° ' o Z u e- 2! ?, = II_ ? N tb ? I 501 WASr,?NGTON STREET • P.O. BOx 94 ..rv 6 y READING, PA 19603-0942 b31S,VH N .S z >1 1; Lk't r r.• 017H 5a 2812 V O C? PS Form 3817, Janua 2001 I 0'1/2212008 Mailed Fromm t I _ c I c a ( o { in Q1 m c O zg ?\ O > goo D r, C n s ° 2M ( c A C vp zC C m m - qy = , mu c zoi z ? O O O u ' ? rn c 9 p i t A? C) b z a % o N r M1 ? O s ... , x O . r O m .?.? z It ' 0 u.S. POSTAL SERVICE CERTIFICATE OF WALING MAY BE USED FOR DOMESTIC AND INTERNATIONAI MAP nnco .'-- ROVIDE FOR INSI Ian--nc ^^^ P m _ ? OI a O rn 11 `n_ l n%n? 1 ( ? ? hd v.. t'?I O tt_ ` / mil TON STAEET • P,O. BO } d 501 WASHING READING, PA 19603-094 .. f C R ??131SVH One piece of ordinary mail addressed to: PS Fo'rn 3817, January 2001 r-? C ?,:., ? ?- ?`° 3 Z A ?i. -+? ?y-?q ., _ - ? +.? ,'`_ - :-ac: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which FEDERAL NATL MTG ASSOCYANNIE MAE is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 30TH day of OCT, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1841, at the suit of FEDERAL NATL MTG ASSOC against JAMES F WARNOCK is duly recorded as Instrument Number 200808853. xa:? -, A.D. ion CwbwWW e Oft* Cain. PA Ow F** MW42ya,&.2010 IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this oC y day of Federal National Mortgage Association, In the Court of Common Pleas of By its agent, Fulton Bank Cumberland County, Pennsylvania VS Writ No. 2007-1841 Civil Term James F. Warnock Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2007 at 1927 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: James F. Warnock, by making known unto James P. Warnock, adult in charge for James F. Warnock at 574 Valley Street, Summerdale, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1536 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James F. Warnock located at 574 Valley Street, Summerdale, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: James F. Warnock by regular mail to his last known address of 574 Valley Street, Summerdale, PA 17093. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 05, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Shawn M. Long, on behalf of Federal National Mortgage Association, Fannie Mae, NPDC. It being the highest bid and best price received for the same, Federal National Mortgage Association, Fannie Mae, NPDC of Conveyance Claims, P.O. Box 650043, Dallas, TX 75265-0043, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,016.49. Sheriffs Costs: Docketing $30.00 Poundage 19.93 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 359.00 Patriot News 372.59 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,016.49 So Answers: R. Thomas Kline, Sheriff B Real Estate 'ergeant ? y1D1 1bf 0 qy .???ayy - r a BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, 07-1841 Civil Term Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank OURT OF COMMON PLEAS OF UMBERLAND COUNTY, PENNSYLVANIA IVIL ACTION - LAW Plaintiff v. 07-1841 Civil Term JAMES F. WARNOCK, AFFIDAVIT PURSUANT TO RULE 3129.1 Federal National Mortgage Association, by its Agent, Fulton Bank, 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 at 574 Valley Street, Summerdale, Pennsylvania 17093. 1. Name and address of owner(s) or reputed owner(s): James F. Warnock 574 Valley Street Summerdale, PA 17093 2. Name and address of defendant(s) in the judgment: James F. Warnock 574 Valley Street Summerdale, PA 17093 2080031-1 , 07-1841 Civil Term 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 4. Name and address of the last recorded holder of every mortgage of record: Fulton Bank One Penn Square P. O. Box 4887 Lancaster, PA 17604 Community Bank of Northern Virginia 11400 Commerce Park Drive Suite 110 Reston, VA 20190 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None known to Plaintiff at this time. 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 Claims Bureau 1 Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 2080031-1 07-1841 Civil Term Internal Revenue Service Federated Investors Tower Thirteenth Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 I verify that the statements made in this affidavit are true 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 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L6 Date: "Shadm M. Long, Esq ire Plaintiff's Attorney Court I.D. No. 837 4 126 E. King Str et Lancaster, PA - 7602-2893 (717) 299-5201 2080031-1 ALL THAT CERTAIN unit in the property known, named and identified as Creekside Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C. S. 3101 et seq by the recording in the Recorder of Deeds Office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscellaneous Book 301, Page 71, of a Declaration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% interest in and to the Common Elements as is more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING THE SAME PREMISES which Fred P. Connor, married individual and Cheri Ann Swaim, now known as Cheri Ann Uhrinek and Joseph M. Uhrinek, husband and wife, by deed dated June 7, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 140, Page 900, granted and conveyed unto James F. Warnock. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights- of-way of record. SEIZED IN EXECUTION as the property of James F. Warnock on Judgment No. 07- 1841 Civil Term. 2080136-1 ( ? J BARLEY SNYDER LLC Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Cumberland, PA 17603 717.299.5201 FEDERAL NATIONAL MORTGAGE ASSOCIATION, BY ITS AGENT, FULTON BANK, Plaintiff 07-1841 Civil Term Attorneys for Plaintiff Federal National Mortgage Association, by its Agent Fulton Bank RT OF COMMON PLEAS OF [BERLAND COUNTY, PENNSYLVANIA L ACTION - LAW V. No. 07-1841 Civil Term JAMES F. WARNOCK, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James F. Warnock 574 Valley Street Summerdale, PA 17093 Your house (real estate) at 574 Valley Street, Summerdale, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff s Sale on March 5, 2008 at 10:00 a.m., by the office of the Cumberland County Sheriff in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, Pennsylvania to enforce the court judgment of $64,379.88 obtained by Federal National Mortgage Association, by its Agent, Fulton Bank, against you. 2080031-1 th 07-1841 Civil Term 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 sale will be canceled if you pay to Federal National Mortgage Association, by its Agent, Fulton Bank (the amount of the judgment plus costs)(the back payments, late charges, costs, and reasonable attorney's fees due). To find out how you must pay, you may call Shawn M. Long, Esquire at (717) 299-5201. 2. 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. 3. 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 not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County, at (888) 697- 0371 ext. 6390. 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. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at (888) 697-0371 ext. 6390. 2080031-1 07-1841 Civil Term 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. 5. 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 or about April 4, 2008. This schedule will state who will be receiving the 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 April 4, 2008. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 or (800) 990-9108 2080031-1 ALL THAT CERTAIN unit in the property known, named and identified as Creekside Village Condominium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C. S. 3101 et seq by the recording in the Recorder of Deeds Office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscellaneous Book 301, Page 71, of a Declaration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% interest in and to the Common Elements as is more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. BEING THE SAME PREMISES which Fred P. Connor, married individual and Cheri Ann Swaim, now known as Cheri Ann Uhrinek and Joseph M. Uhrinek, husband and wife, by deed dated June 7, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 140, Page 900, granted and conveyed unto James F. Warnock. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights- of-way of record. SEIZED IN EXECUTION as the property of James F. Warnock on Judgment No. 07- 1841 Civil Term. 2080136-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1841 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FEDERAL NATIONAL MORTGAGE ASSOCIATION, by its Agent, FULTON BANK, Plaintiff (s) From JAMES F. WAR-NOCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $64,379.88 Interest to 3/19/07 -- $1,823.49 Atty's Comm % Atty Paid $316.16 L.L. $.50 Due Prothy $2.00 Other Costs Positive Escrow Balance - ($111.96) Late Charges - $100.52 Attorney's Fees - $3,000.00 Plaintiff Paid Date: 10/30/07 (Seal) REQUESTING PARTY: Name SHAWN M. LONG, ESQUIRE Address: BARLEY SNYDER LLC 126 E. KING STREET LANCASTER, PA 17602-2893 Attorney for: PLAINTIFF Telephone: 717-299-5201 5 Curtis R. Long, Prothonot y By: Deputy Supreme Court ID No. 83774 t' Real Estate Sale # 48 On November 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 574 Valley Street, Summerdale, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 8, 2007 By Real Esta e Sergeant The.Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4e Patr1*ot*yXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 ji; .............. Sworn to and stl ribed before me? id oVebruary, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sh9nie L Kisner, Notary Public City Of Harrisburg, Dauphin County My Camrrrimion Expires Nov. 26, 2011 Member, Pennsylvania Anociation of Notaries . 418 Aseft laon VS Jame-f. Vbnvxk ALL nM CERTAJN unit ie the property ktmwrt, named and 'Jdwtit3ed as Citekside Village Codldtiimi lit, located in East Pemboro ' , Cumbiamind County; Aeawylvauia, which has foie been submitted to the provisions of the Uniform Caodommium Act, 68, Pa. C. S_ 3101 et seq by the reuo** in'dw Recorder, of Deeds Office of CWWWIand ' County, Penmpgavania, on November 29; 19K in MiWImicons Book 301, P 71,W a Deelap Sm wed Nowt ber 28, 1 uuh is "gnAW Bs» No. 4 in said DwjirJltm TOGF Villt all right, dtk and interest being a 9.00% Wet& it and'** Common Elements as is arose fully stet f4d in the aforesaid Deelgatims of Cmkoimum and BEING nt SAME P 4 which Fred P Connor, married individual and Cheri Ann Swaim, now known as Cheri Aim Mink and Joseph NE Ulmintk, *wbamd ad lrife, by deed datied Inc 1, M6 O ttootded bi the Office of the Raxiddt *(Do* in and tor`CumbalW Cry, ftd0s" * R=d *O 140, Page 900, grm d ;md conveyed nnb James F. wamock. UNDER AND 9U8J18CT to all agreements; conditions, easm>ems and resttitY w of record and ro the ppioviww, easements; constants and r16trictions as corGa W in the b0ch adon of Coodominit s, Dedodon P)aos, and By-Laws of the Cteakside Menge Cmdomimnm UN SUBJECT to easements, restr ebons, ceservaliew coaditioas and rightr, of-" of recoa SID IN EXECUTION as the property of James F Warnock on Judgment No. 07-1841 Civa Tetra. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. , L -? Marie Covnel Editor SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RZAL 28TATZ SALZ NO. 48 Writ No. 2007-1841 Civil Federal National Mortgage Association, by its agent, Fulton Bank vs. James F. Warnock Atty.: Shawn M. Long DESCRIPTION ALL THAT CERTAIN unit in the property known, named and iden- tified as Creekside Village Condo- minium, located in East Pennsboro Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Uniform Condominium Act, 68, Pa. C S. 3101 et seq by the record- ing in the Recorder of Deeds Office of Cumberland County, Pennsylvania, on November 29, 1984, in Miscella- neous Book 301, Page 71, of a Dec- laration dated November 28, 1984 which unit is designated as Unit No. 4 in said Declaration. TOGETHER with all right, title and interest, being a 9.0909% inter- est in and to the Common Elements as is more fully set forth in the afore- said Declaration of Condominium and Declaration Plans. BEING THE SAME PREMISES which Fred P. Connor, married in- dividual and Cheri Ann Swaim, now known as Cheri Ann Uhrinek and Joseph M. Uhrinek, husband and wife, by deed dated June 7, 1996 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 14 a 900, granted and conveyed unto `es F. Warnock. UNDER AND SUBJECT to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Declaration Plans, and By-Laws of the Creekside Village Condominium Association. UNDER AND SUBJECT to ease- ments, restrictions, reservations, conditions and rights-of-way of record. SEIZED IN EXECUTION as the property of James F. Warnock on Judgment No 07-1841 Civil Term.