HomeMy WebLinkAbout01-03950McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19104
(215)790-1010
Household Finance Consumer Discount
Company
961 Weigel Drive, P.O. Box 8634
Elmhurst, IL 60126-1058
v.
Linda Jean Keef,
a/k/a Linda J. Keef
944 Cavalry Street
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number Q ~ - ~qS~ ~1 U t ~, I~2 ~,,,
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
You have been sued in court If you wish to defend against
the claims set forth in the following pages, you must take
action wither twenty (20) days after this complaint and
notice are served, by entering a written appearance
personally or by attorney azid filing in writing with the
court your defenses or objections tothe claims set forth
against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be
entered against you by the court without further notice for
any money claimed in the complaint or fox any other claim
or relief requested by the plaintiff. You may lose money or
properly or other rights important to you.
Le han demandado a usted en la torte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dial de plazo al partir de
lafechadelademandaylanotificacion. Hacefaltaasentar
una compazencia escrita o en persona o con un abogado y
entregaz a la torte en forma escrita sus defenses o sus
objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la torte tomaza
medidas y puede continuaz la demands en contra soya sin
previo aviso o notification. Ademas, la torte puede
decide a favor del demandante y xequiere que usted
cumpla con todas las provisiones de esta demands. Usted
puede perder dinero o sus propiedades u otros derechos
importantes pars usted.
YOU SHOULD TAKE THLS PAPER TO YOUR LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFPICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP.
Cumberland County Baz Association
2 Liberty Averrue
Cazlisle, PA 17013
(717) 249-3166
LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SINOTIENEABOGADOOSINO
TIENE EL DIIVERO SUFICIENTE DE PAGAR TAL
SERVICO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIItECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215)790-1010
Household Finance Consumer Discount
Company
961 Weigel Drive, P.O. Box 8634
Elmhurst, IL 60126-1058
v.
Linda Jean Keef,
a/k/a Linda J. Keef
944 Cavalry Street
Carlisle, PA 17013
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number ~ / - 3 4 SU ~ ~~'~
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly
organized under the laws of Pennsylvania and doing business at the above captioned address.
2. The Defendant is Linda Jean Keef, a/k/a Linda J. Keef, who is the mortgagor and
real owner of the mortgaged property hereinafter described, and her last-known address is 944
Cavalry Street, Carlisle, PA 17013.
3. On 11/18/99, mortgagor made, executed and delivered a mortgage upon the
premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the Recorder
of Cumberland County in Mortgage Book 1583, Page 181.
4. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 944 Cavalry Street, Carlisle, PA 17013.
5. Themortgageisindefaultbecausemonthlypaymentsofprincipalandinterestupon
said mortgage due 2/1/ 01 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance
and all interest due thereon are collectible forthwith.
6. The following amounts are due on the mortgage:
Principal Balance $113,786.16
Interest 1/1/01 through 6/1/01 $ 3,253.10
(Plus $24.93 per diem thereafter)
Attomey's Fee $ 5,689.31
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search $ 200.00
GRAND TOTAL $123,278.57
The attorney's fees set forth above are inconformity with the mortgage documents
and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale.
ff the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on
work actually performed.
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code
Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to
Defendant by certified mail on the date set forth in the true and correct copies of such notices
attached hereto as Exhibit "B."
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of
$123,278.57, together with interest at the rate of $24.93 per diem and other costs and charges
collectible under the mortgage and for the foreclosure and sale of the mortgage property.
TERRENCE J. McCABE, ESQUIRE
Attorney for Plaintiff
• 1•
713303 MORTGAGE
IF SOX IS CIiECKED, TAIS MOH3GAGP IS AN bT+EN-END
BpVANCES.
MoaxGAGS AND 58CURES Fu'ruRH
THIS MQRTGAGE is mach this day ~ g7H of NOVEMBER 19 99 ,between the Mortgagor,
a corporation organized an ex~sttng under the laws o pENNSYLVAN i A ,whose addre~5 is
The following paragraph preceded by a checked box is applicable.
WHEREAS, Borrower is indebted to Lender in the principal sum of $ 115, 196.19
evidenced by Borrower's Loan Repayment and Security Agreement or Secondary ortgage an greement dated
NOVEMBER 18, 1998 and any extensions or renewals thereof (herein "Nett"}, providing Por monthly
installments of princi and interest, intruding any adjustments to the amount of payments or the contract rate if that
rau is variable, with the balance of the indcbtcdacss, if not sooner paid, due and payable on Nt)vEMBER 18 , zDZg ;
O WHfiREAS, Borrower is indebted to ).ender in the principal sum of $ , or so much
thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated
and extensions and renewals thereof (herein "Note"}, providing Por monthly installmenc5, and interest at the rate an
under the terms specified in the Note, including any adjustments in the ;nterrat rate if that rate is variable, and
providing for a credit limit stated' in the principal sum above and an initial advance of $ ,
TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon,
including any increases if the contract rate is variable; (2} future advances under any Revolving Loan Agrcement; (3}
the payment of all other sums. wish interest thereon, advanced in accordance herewith to protect the security of this
Mortgage; and (4} the performance of the cpvenants and agreements of Borrower herein oentained, Borrower does
hereby mortgage, grant and convey to Lender and Lender's successors and assigns the Following described property
located in the County of CUMBERLAND Commonwealth of Pennsylvania:
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF NDRTH
MIODLETON IN THE COUNTY OF CUMBERLAND ANp GOMMONwEAL7H OF
PENNSYLVANIA, BEINO MORE FULLY OESCRIBEO IN A FEE SIMPLE
GEED OATEO 04/15!1983 AND RECORDED 0411811983, AMONG THE
LAND RECORDS OF THE COUNTY AND STATE SE7 FORTH ABOVE, IN
VOLUME.'30 PAGE 31B.
TAk PARCEL ID: 29-19-1639-0'11
XHIBIT "A'
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TOGETHER with ell the improvements now or hereafter erected on the property, and act easements, tights,
appurtenances and rents, all of which shall be dcemed to be and remain a part of the property covered by this
Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a
(easchold) are hereinafter refefted to as the "Property."
Borrower covenants [hat Borrower is [awfully Seised o4 the estate hereby wnveyed and has the right to mortgage,
grant and convey the Property, and that the properly is unendumberad, except for encumbrances of record- Borrower
covenants that Borrower warrants and will defend generally the title to the PropeRy against all claims and demands,
subject tv encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal and Interest at Variable Rates. This mortgage eeeures all paymcntsof principal and
interest due on a variable rate loan. The contract sate of interest and payment amounts may be subject to change as
provided in the Nvte, Borrowers shall promptly pay when due ail amounts required by the Notc,
2. Funds for Taxes and Insurance. Subject to applicable lan• or waiver by Lender, Borrower shall pay to Lander
on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum
(herein "Funds") aqua! to one twelfth of the yearly taxes and assessments {including condominium and planned unit
development assessments, if any) which may attain priority over this Mortgage end ground rents on fie Property, if
any, plus one-[welfth of yearly premium installments for haaard insurance, plus one twelfth of ytarly premium
installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on
the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such
payments of Funds to Lender to the cstcnt that Borrower makes such payments to the holder of a prior mortgage or
deed of trust if such holder is an instituti0n81 lender,
if Borrower pays'Funds to Lender, ehc Funds shall be he]d in an institution the deposits or accounts of which era
insured or. guaranteed by a Federal or state agency (including Lender if Lender is such an institution), Lender shall
apply theFvnds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so
holding and, applying the Funds, aralyaing said account or verifying and compiling said assessments and bills, unless
Lender. pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrowtr and
Lender may agree in writing at the time of execution of ibis Mortgage FhaL interest on [Ice Funds shal- be paid t0
Borrower, and unless such agreement is made or applicable law requires such interest to be paid, Lender shall not be
required to'pay Borrower any interest or earnings on the Funds. Lander shall give to Harrower, without charge, an
annual accounting of the Funds showing credits and debits to the Funds and the purpose far which each debit to the
Funds was made. The Funds era pledge) as additional security for the sums secured by this Mortgage.
]f the smount of the Funds held by Lender, together with the future monthly installments of Funds payable prior
to the doe dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay
said Eaxw, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's
gpsion, Cither promptly ropaid to Borrower or credited to Borrower on monthly installments of Funds. if the amount
of the'.Funds held by Lender shalt not be sufficient to pay taxes, asse~mcnts, insurance premiums and ground rents as
they fall due, Borrower shall pay to i.ender any amount necessary to makt up the deficiency in one er more payments
as Leader may require. i
Upon ~syment in full of ell sums secured by [his Mortgage, Lender shall promptly refund to Borrowtr any funds
held Ipy Len;Ber. ]f under paragraph 17 hereof the Property is sold or the Property•is otherwise acquirod by Lender,
Lender shall! apply, no later than immediately prior to the sale of the Property or its acquisi lion by Lender, any Funds
held by Lcn',der at the time of applica[ion as a credit against the sums secured by this Mortgage. ,
3. Application of Payments. )xcept for loans made pursuant to the Pennsylvania Consumer Discount
Company ~lct, all payments received by Lender under the Note aad paragraphs 1 and 2 hereof shall be applied by
Lcndcr first in payment of amotmts payable to Lander by Borrower under paragraph 2 hereof, than to interest, cad
then to the principal.
4. Prior Mortgagee and Deed of Trust; Charges; Liens. fiorrowcr shall perform all of Borrower's obligations
under any tz?ortgage, died of toter or other security agreement with a lien which has priority over this Aortgage,
including Borrower's covenants to make payments when due. $orrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions autibutsble to the Ptnperty which may attain a priority aver this
Ttfortgage, and leesehatd payments or ground rents, if any.
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5. Hazard Insurance. $orrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "eYtendedcoverage," and such other hazards as L-ender may
[squire.
The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by Lender;
provided, that such approval shall not be unreasonably a-ithhald. ALl insurance policies and renewals thereof shall be in a
form acceptable to Lender and shall include a Standard mortgage clause in favor of and in a form acceptabls to Lander.
Lender shall Nava the right to hold the policiesand renewalsthereof,subject tothe termsoPany mortgago, deed of trust or
othcrsccurity agreement with a lien whiuh has priority over this Mortgage.
in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower.
Ifthe Property is abandcned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date
notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is
authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or
m the aumssecured by thisMortgage.
6. Preservation and Maintenance of property; Leaseholds; Condominiums; Planned Unit Developments.
Borrower shall keep the Property in good repair and shell notcammit waste or permit impairment or deterioration of the
Property and shall wmply with the provisions o£ any lease if this Mortgage is on a leasehold. If chis Mortgage is on a unit
in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the
dxlaration or opvenants erecting or governing the condominium Or planned unit development, the bylaws and
regulations of the condominium or planned unit development, and cvnstituentdvcuments.
7. Protection of Lender's Security. If $orrower fails to perform the covenatatsand agreements contained in this
?Nortgago, or if any action or proceeding is commenced which materially affects Lender's interest in the property, than
Lender, at Leader's option, upon notice to Borrower, may make such appearances, disburse such sums, including
seasonableattarneys fees,andtakesuchactionasisneccssarytoprotccrLender'sinterest.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall
become additional indebtedness of $orrower secured by this Mortgage. Unless Borrower.and Lenderagrcc to othcrtetzns
oP payment, Such amounrssttall be payable upon notice from Lender to $orrower requesting payment thereof. Nothing
contained in thisparagraph7shaltrequireLendertoincuranyexpenseortakeanyactionhereunder.
_ _8._Inspection...Lendec.may_take or. cause.. to be .made.reasonable.entries upon...ancLJnspectpns._pf the.Prpperty,
provided that Lender shall give Borrower notice prior to any such inspection specifying reasonablecause thsrefarrelated
to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim fordamages, direct orconsequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby
assigned and shall bepaid to Lender, subject to the terms of any mortgage, deed of trust or other security agreem ent with a
lien which has priority over this Mortgage.
10. Borrower Not Iteleascd; Forbearavca By Lender Not a 'iJVaiver. Extension of the time for payment or
modification of amortization of the gums sxured by this Mortgage granted by Lander to any successor in interest of
Borrower shall not operate to release, in any manner, the liability of the original Borrower and $orrower'a successors in
interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for
payment or otherwise modify amortization of the sums secured by this Mortgage by reaspn of any demand made by the
' original Borrower and Borrower's successors in interest. Any Forbearance by Lender in exercising any tight or remedy
hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right.or
remedy.
1 i. Successors and Assigns Bauud; Joist and Several Liability; Co-signers. The covenants and agreements
herein contained 6ha11 bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and
several. Any Aarrower who cv signs this Mortgage, but does not execute theNote, {a) is co-signing this Mortgageon]y to
mortgage, grant and convey that $orrower's interest in the Property to Lender under the termsof this Mortgage, (b) is not
personalty liable on the Note or under this Mortgage, and (c) agrees that Lender and any ether Borruwer hereunder may
agree to extend, modify, forbear, ur mnke auy otter accvmmud-atiuns with regard iv tltc terms of this Mortgage or the
Nate without that Borrower's consent and without releasing that $orrower or modifying this Mortgage as to that
Borrower'sinterestinfhe Property.
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12, Notice. Lxcept for any notice requited under applicable law to be given in another manner, (aj any cotter to
Borrower provided for in this Mortgage shad be given by delivering it or by mailing such notice by certified mail
addressed to Borrower at the Property Address or at such other address as Ilnrrower may designate by notice tv Lender as
provided herein, and (b}any Halite to Lendcrahafl bo given by certified mail to Lender's address stated herein or to such
other address ag Lender may designate by rtoticc to Borrower as provided herein. Any nett ce provided fur in thisMortgage
shall bedeemed to have been given to Borrower or Lenderwhengiven in the mannerdesignated herein.
13. Governing Law; Scvcrabilfty. The state and Local laws applicable to this Mortgage shall be the laws of the
jurisdiction in which the Psopertyislocat~d. The foregoing sentence shall not limit the applicability of Federal law to this
Mortgage. Tn the event that any provision or clauseaf this Mortgage or the Note conflicts with applicable law, such conflict
shall not affect otherprovisions of this Mortgage or the Note which can be given effect without the conflicting provision,
and to this end the provisions of this Mortgage and the Note arc declared to be severable. As used herein, "casts."
"expenses" and "attorneys' fees" include all sums Lo the extent not prohibited by applicable law or limited ht:roin.
14, Borrower's Capy. Borrower shall be furnished a conformed copy of the Nvtc and of this Mortgage at the Lime of
execution orafter recordation hereof.
l5. Rehabilitation Loan Agreement Borrower shall fulfill all of Borrower's obligations under any home
rehabilitation, improvcmcnt, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
Lender'soption,roay require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of
any rights, claims or defenses which Borrower may have against parties who Supply labor, materials or services in
connection with improvements made to the Property
16. Transfer of the property. If Borrower sells or transfers all or any part of the Property or an interest theroin,
excluding (a) thccreation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by
operation of law upon the death of a joint tenant, (c) the grant of any leasehold i ntereac of three years or less not containing
an option to purchase, (d} thecrcation of a purchase money security inurest for household appliances, lei a transfer tv a
relative resulting from the death of a Borrower, {f) a transfer where the spouse or children of the Borrower become an
owner of the properly, (g} a transfer resulting Prom a decree of dissolution of marciage, legal separation agreement, or
from an incidental property settlement agreement, by which she spouse of the Borcower becomes an owner of the
property, (h) a uansfer loin an inter r-ivos trust in which the Borrower is and remains a beneficiary and which does not
relate to a transfer of rights of occupancy in the property, or {i) any other ttansFeror disposition described in regulations
presCribetF, by the Federal Elome..Lvan Bank..Board, Borrower shal].canseao besubmitted.information required by Lender
to coal uatc the transferee as if a new loan were being made tb the transferee, Borrower will continue to be obli gated under
the Note and thisiUortgage unlessLeader releases $orrower in writing,
[F Lender does not agree to such sale or transfer, Lender may declare al I of the sums secured by this Mortgage to be
imrnediate[y due and paysble, if Lender exercises such option to accelerate, Lender shall mail Borrower notice of
acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 dabs from the
data the notice is mailed or deli oared within which Borrower may pay the sums declared due. ff Borrower Faits to pay such
sum8 Prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any
remedies permitted by paragraph 17 hereof.
NONUNIFORM COVENANTS, Borrower and Lender f ur'ther covenant and agree as fol lows:
17. Acceleration; Remedies. Except as providefl in paragraph 16 hereof, upon Borrower's breach of any
covenant or agreement of Borrower in this Ivfartgagc, including the covenants to pay when due any sums
secured by this Mortgage. Lender prior to acceleration shall give notice to Borrower as provided in paragraph
12 hereof specifying. (!) the bleach; (2) the action inquired to cure such breach; (3) a date, not less than 30 days
from the date the notice is mailed to Borrower, by tvhicfi such breach must be cored; and (4) that Failure to
cure such breach on or before the date specified in the notice may result in acceleration of the sums sceured by
this Mortgage, foreclosure by judicial proceeding, and sale of the Property, The notice shalt further inform
Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
nonexistence of a default or any other defense of Borrower to acceleration and foreclosure, IS the breach is not
cttred on or before the date specified in the notice, Lender, at Leader's option, may declare all of the sums
secured by this Mortgage to be immediately due and payable without further demand and may foreclose this
Mortgage by judicial proceeding. !ender shall be entitled to collect in such proceeding alt expenses of
foreclosure, including, but not limited to, reasonable attorneys fees and costs o[ documentary evidence,
abstracts and titlereports.
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1S. Borrower's Right to Reinstate. Notwithstanding Lender's accc(cration of the sums by this Mortgage due
to Borrower's bleach, Borrower shall have the right tp have at~y proceedings begun by Lender to enforce this
Mortgage discontinued at artiy time prior to entry of a judgment enforcing this Mortgage if: (a) Borrower pays
Lender all sums which would be then doe under this Mortgage and the Note had no acceleration occurred; (b)
Borrower cures sil breeches of any other covenants or agreements of Borrower contained in this Mortgage; (e)
Borrower pays all reasonable expansrs incurred b5 Lander in enforcing the covenants and agreements of $orrawcr
contained is this Mortgage, and in enforcing Lender's remedies as provided in parngraph 77 heroof, including, but
not limited to, reasonablm attorneys' fees; and (d) Borrower takes such action as Lander may rwsonably require to
assure that the lien of this Mortgage, Lender's interest in the Property and $orrower's obligation to pay the sums
secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage anfl
the obligations smeared hereby shall remain in full force and effect as iF no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrpwer hereby
assigns to Lender the rents of the Property, provided that Borrower shalt, prior to acceleration under paragraph 17
hereof, in abandonment of the Property, have the right to collect and retain such rents as they bernrne due and
payable.
:U~on acceleration under paragraph .7, hereof or abandonment of the Property, Lander shall be entitled to have
s roccivei• appointed by a. court.to,'entcr upon, take possession of and manage the Property and to collect the rents
of the Property including those past due. All rents collected by the receiver Fhall be applied first w payment oP the
costs of rnanagcmcnt of the Property and collection of rents, including, bux not limited to, receivers fees,
premiums an receivers bonds and reasonable attorneys' feCS, and then to the.sums secured by this Mortgage. The
teceivet shall bC liable to account only Por those rents actually received,
20. Release. Upon payment of ail sums secured by this Mortgage, Lender shall release this Mortgage without
charge to Borrower. Borrower shall pay all costs of recordation, if any.
2l. Waiver of homestead. Borrower hereby waives alt right of homestead exemption In the Property under
state or Federal law.
22, interest Rate After Judgmsat. borrower agrees the interest rate payable after a judgment is entered on
the Note or in an action of mortgage foroclosun shall be the taro stated in the Notc.
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REQUEST POR NOTICE OF DEFAULT
ANA FpRECLOSURE UNDER sU1PERIOR
' MpRTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, decd of trust or other encumbrance with a Tien which has
priority over this tl3ortgage to give Notioe to Lender, at Lender's address set forth on page one of this Mortgage, of any
default under the etsperior encumbrance and of eny sate or other foreclosure action.
JOHN M KEEF (DECEASED) -Sorrewar
LINDA J KEEL ~ -Borrower
Thereby certify that the precise address of fhe Lender (Mortgagee) is HOUSEHOLD FINANCE
25'GATEWAY'DRIVE MECHANICSBURG PA 17055
4n behatf of theT,ender.I4y: ' RERNIE HEFFEI.FINGER Title: BRANCH MANAGER
COit~MONWEALTHpFPENNSYLVANiA, CUMBERLAND Countyss:
1, ANNE A 5FA F F D RD _ _ , a Notary Pubfic in and for said county and state, do hereby certify that
personally known to me to be the same person(s) whose name{s) are subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledge tf~nt -_,,,Zhu,.~ signed and delivered the said instrument es
thpii' free voluntary act, for the uses and purposes therein set forth.
Liven under my hand and official seal, this
My Commission expires
18th day of
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N~TA ri1A 1, SEAL
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ISpacv Below This Line Reserved For Lender and Recorder)
Return To:
Rewrds Processing Services
577 Lamont Road
Elmhurst, IL 6011b
09-20-99 MTU
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PA061266
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May 14, 2001
Linda Keef
944 Cavalry St.
Carlisle, PA 17013
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
~®RECE®~IJRE
This is an official notice that the mort ague on your home is in default. and the lender intends to foreclose.
Specific information about the nature of the default is rorovided in the attached pages.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAPI maybe 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 RECEIPT OF THIS NOTICE. Take this Notice with~ou when you meet with the
Counselin AQenck
The name. address and rohone number of Consumer Credit Counseline Agencies serving_your County are listed
at the end of this Notice. If you have andquestions, ou ma,~call the Pennsylvania Housing Finance A ency
toll free at ] -800-342-2397 (Persons with impaired hearing can call L171780-1869.
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency maybe able to help explain it. You may also want to contact an attorney in your
area. The local bar association maybe able to help you find a lawyer.
LA NOTIFICACIO EN ADJUNTO ES DE SUMA IMPORT ' DE
CONTINUAR VIVIENDO EN SU CASE. SI NO COME,$E DE
NOTIFICACION OBTENGA UNA TRADUCCION IMMEDIATAME STA A CIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO
ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR 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): Linda Keef
PROPERTY ADDRESS: 944 Cavalry St. Carlisle. PA 17013
LOAN ACCOUNT NUMBER: 713303-00-9861614
ORIGINAL LENDER:
CURRENT LENDER/SERVICER: Household Finance Corporation
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
- IFYOUMEETOTHERELIGIBILITYREQUIREMENTSESTABLISHEDBYTHEPENNSYLVANIA
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 receipt 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 (30) DAYS OF RECEIPT OF THIS NOTICE. IF YOU
DONOTAPPLYFOREMERGENCYMORTGAGEASSISTANCE YOUMUSTBRINGYOURMORTGAGE
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 agencies 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 auencies for the county in which the roroperty is located are set forth at the end of this Notice 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
azid 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 the' 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 1N
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~Bring it up to datel.
NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on your property located at 944
Cavalr~St. Carlisle. PA 17013 IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now
past due: approximately $845.25 for the months of March 2001 through Apri12001
Other
TOTAL AMOUNT PAST DUE: 2290.25
HOW TO CURE THE DEFAULT--You may cure this default within THIRTY (30) DAYS of the receipt of this
Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS 2290.25 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:
Margaret Smith
Household Finance Corporation
P.O. Box 4153
Carol Stream, IL 60197-4153
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the receipt
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 OF RECEIPT OF THIS NOTICE, 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 attorney's 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 THIRTY (301 DAYS OF RECEIPT OF THIS NOTICE you will not be required to pay attorney
fees.
_ , ~I .,
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, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff s S ale. You may do so by waving the total amount then
past due nlus 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 Sheriff s Sale as specified in writing by the lender and by performing
any other requirements under the mo_rt~aQe, 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 five months from the date of this Notice. A
notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait. You may find out at any time exactly what the required payment
or action will be by contactvig the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: Household Finance Corporation
Address: P.O. Box 4153. Carol Stream, IL 60197-4153
Phone Number: 1-800-609-4278. Ext.
Fax Number: 630-617-7744
Contact Person: Margaret Smith
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the properly 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--You may or X may not 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.
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 1N 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.
FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE
THE ATTACHED LIST.
NOTE: Unless you notify this office within thirty (30) days after receiving this notice, that you dispute
the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this
office in writing within thirty (30) days from receiving this notice, this office will: obtain verification of the
debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also
advised that any information which you supply to this office may be used by us in the collection of the debt.
If you request this office in writing within thirty (30) days after receiving this, this office will provide you
with the name and address of the original creditor.
Although we have requested that you make payment or provide a valid reason for nonpayment, you still
have the right to make a written request, within thirty days of your receipt of this notice, for more
information about the debt. Your rights are described further, hereinafter.
THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THIS PURPOSE.
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER 7099 3400 0015 4703 3599
RETURN RECEIPT REQUESTED
Enclosure: Validation of Debt Notice
Validation of Debt Notice
Pursuant to the Fair Debt Collection Practice Act (FDCPA)(15 USC 1692), a
consumer debtor is required to be sent the following notice: (1) unless the
consumer, within thirty (30) days after receipt of this notice, disputes the validity
of the debt or any portion thereof, the debt will be assumed to be valid by the debt
collector, (2) if the consumer notifies the debt collector in writing within the
thirty day period that the debt or any portion thereof, is disputed, the debt
collector will obtain verification of the debt or a copy of a Judgment against the
consumer and copy of such verification or Judgment will be mailed to the consumer
by the debt collector, and (3) upon the consumer's written request within the thirty
(30) day period, the debt collector will provide the consumer with the name and
address of the original creditor, if different from the current creditor.
Our demand for immediate payment does not eliminate your right to dispute this debt within thirty days of
receipt of this notice. If you choose to do so, we are required bylaw to cease our collection efforts until we have mailed
that information to you.
Although we have requested that you make payment or provide a valid reason for nonpayment, you still have
the right to make a written request, within thirty days of your receipt of this notice, for more information about the
debt. Your rights are described further, hereinafter.
The law office of McCABE, WEISBERG AND CONWAY, P.C. is acting as a debt
collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLSCT
A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade
Commission has ruled that The FDCPA does not preclude the institution of legal action
prior to the expiration of the thirty day period.
Acceptance of funds and reinstatement of the mortgage are both subject to
verification by my client. Please note that I may be instructed to proceed with
foreclosure and fees, costs and/or advances by the mortgagee may be due in addition
to the sum quoted above.
Please further note that any funds tendered will be subject to verification and
correctness before the matter is concluded. Please feel free to contact this office
upon receipt of this notice should you have any questions or concerns.
Date: 5/14/01 _..~ ~`~~l (''~~`~(~~
Terrence J. McCabe, Esquire
McCabe, Weisberg, & Conway, P.C.
First Union Building
123 South Broad Street
Suite 2080
Philadelphia, PA 19109
PENNSYLVANIA HOUSING FINANCE AGENCY
HOMEOLPNERS' EMERGENCY MORTGAGE
ASSISTANCE PROGRAM
CONSUMER CREDIT COUNSELING AGENCIES
CUMBERLAND COUNTY
Consumer Credit Counseling Service of Western
Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, Pa 17102
(717) 541-1757
Financial Services Unlimited
117 West 3rd Street
sboro, Pa 17268
(717) 762-3285
Urban League of Metropolitan Harrisburg
25 N. Front Street
Harrisburg, Pa 17101
(717) 234-5925
FAX # (717) 232-4985
YWCA of Carlisle
301 G Street
Carlisle, Pa 17013
(717) 243-3818
FAX # (717) 243-3948
The undersigned, Angela Williams, hereby certifies that she is
the Foreclosure Specialist of the Plaintiff in the within action,
~~~x, ha~D ~~nanc~ C orSOrne2bt5Govrn' C.oMPA~~i and that
she is authorized to make this verification and that the foregoing
facts are true and correct to the best of her knowledge,
information and belief and further states that false statements
herein are made subject to the penalties of 18 PA.C.S. X4904
relating to unsworn falsification to authorities.
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PHILADELPHIA, PA 19107 Philadelphia
PHONE: (215) 546-7400 Assoeiaeion of
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PLAINTIFF(S) CASE NO. DATE RECEIVED
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DEFENDANT(S) Court of Common Pleas
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SERVEAT Type of Service
Civil. Action Mortgage Foreclost.~re.
I'~-5 Mocka.ngbird Drive
P{~ioeni x City AL
COMPANY CONTROL NO. REFERENCE NO. SERVE BY: August 15; 2~J0]
Accepted Ry:',
Served and made known to
on the ~ fdb day of ~XJG ~'-~T , 20 ~_Z , at ~(~1 ~ o'clock,
at f ,~ ra (~igc•X~~ d~_~~isJ4' ~4~nc y~ Ll~(i ~ 1~'l,J IPgin~
Commonwealth of Pennsylvania, in the manner described below: 1
Defendant(s) personally served.
Adult family member with whom said Defendant(s) reside(s). Relationship is
^ Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of placing of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
Posted
Other
GFSCRIPTTON ACE HEIGHT WEIGHT ;ACE SEX
__________________________________^_----------___i___-_---____--
On the day of 19 at o cloc,., M.,
n,=fenclant not found Moved ____Unknawn ____No Ans ,Vacant ____Other
DEPU7IZEp SERVTCE
Now, this day of 19 I do hereby deputize the Sheriff of
County to serve this ____5ummons ,Complaint ,,,,,,,Other
and make return t.herof and according to Lal•J.
Iy (Competent Adult) County Sheriff's Check ~
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ASAP Service
NAME OF SERVER NpTaty PubIl~Mduscogee County, Georgia Sworn to & subscri d afore me Oti
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deposes andgsays that he/she is process server herein names; and ~ ~ (~ ,.n
that the facts herein set forth above are true and correct to the best of I 'I '•IAJI I
their knowled e, information and belief.
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State of GEORGIA County of MUSCOGEE
Case Ntumher: 01 ~~0 CIVILTEFG+f
Plaintiff:
FitJ1iSEHOLa FINANCE CONSUMER DiCOUNT
COMPANY
vs.
LINDA JEAN KEEF allc.a LINDA J. KEEP
For:
Terrence McCabe
First Urtinn Building
123 SauOt x#2080
Philadelphia PE 19109
Common Pleas Court
I~eceivaad by $ & R S€ftV1CES on this 2nd day of August, 2001 at 11:27 am to b$ served on LINDA
JEAN KEEF afk/s LINDA J. KEEF, 195 MOCKINGBIRD DRIVE, PHENDC CITY, ALABAMA 36869.
f, Jart~s Edir~cEs: Jr-. being duty adrom, aerd say that orr 3rEt dslr of 2~'t at
11:15 am, l:
persona8y served the wittrin parson with a true Dopy of the CiVtl ~4CT TGAGE
FORECLOSURE WITH EXHIBIT "A" & "B"
i certify that-t am a Citiaert of tha I.Irtite<! States, i am arv€~ 18 years of age, have rto ' in ilia
abDVa 2r~ion and i am a >vovrt Appointed Process in the crnarrly invuhich the prosaesg was sarv®d.
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Bur Jab 5eria1 Number: 2001000843
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
3
CASE NO: 2001-03950 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLP.ND
HOUSEHOLD FINANCE CONSUMER DIS
VS.
LINDA JEAN
R. Thomas Kline
Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,KEEF LINDA JEAN
by United States Certified Mail postage
prepaid, on the 6th day of July ,2001 at 0000:00 HOURS, at
105 MOCKINGBIRD DR
PHOENIX CITY, AL 36869 a true
and attested copy of the attached COMPLAINT - MORT FORE Together
with
The returned
receipt card was signed by NO SIGNATURE OR POSTMARK on
00/00/0000 .
Additional Comments:
Sheriff's Costs:
Dpcketing 18.00
Service 3.25
Cert Mail 4.63
Surcharge 10.00
.00
35.88
Paid by MCCABE WEISBERG & CONWAY
Sworn and subscri ed to before me
this 13,uc day of
~~A.D.
thonotar
So answe s: ~
~~-'_.
Thomas Kline
Sheriff of Cumberland County
on 07/13/2001
~, a
^ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
^ Print ypur,name and address on the reverse
so that we can return the caid to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
7. Article Atldressed to:
Linda Keef
105 Mockingbird Dr.
Phoenix City, AL 36869
A Received by (Please Prlnf Clearly) ~ B. Date
C. Signature ~
^ Agent
X ^ Addressee
D. Is delivery address different from hem 17 ^ Yes
If YES, enter delivery address helow: ^ No
3. Service Type
~ Certified Mail ^ Express Mall
^ Registered ^ Retum Receipt for Merchandise
^ Insured Mail ^ C.O.D.
4. Restricted Delivery? (Extra Fee) ^ yes
2. Article Nurnber(Gopy horn service label) -
7099 3~2b `bOb4'1573'3b44 01-3'95b`civil"
PS Form 3811, July 1899 Domestic Return Receipt 102585-00-M~0952