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Home My WebLink About01-05448 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintlfffs v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 : CIVIL ACTION -LAW : IN MORTGAGE FORECLOSURE PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendants and in favor of Plaintiff in Mortgage Foreclosure on property located at 109 East South Street, Carlisle, Cumberland County, Pennsylvania, and assess damages as follows: BALANCE OF PRINCIPAL ACCRUED BUT UNPAID INTEREST THROUGH 11/26/00 ATTORNEYS' FEES (5%) Credit Life Insurance Rebate TOTAL $ 42,054.47 $ 5,986.19 $ 2,402.03 -$ 2,157.12 $ 48,285.57 Attached hereto is a copy of the Sheriff's Return and a copy of the 10-Day Default Notice and Certificate of Service which was mailed via certified and regular mail to Defendants on October 16, 2001. Respectfully Submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC By ~ ~ ~`~ Melani`/~rb, Esquire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717)540-9170 Dated: November 29, 2001 Attorneys for Plaintiff .. M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA Plaintiffs NO.: 01-5448 v. . RONALD C. MCGUIRE :CIVIL ACTION -LAW VICKIE L. MCGUIRE, : IN MORTGAGE FORECLOSURE Defendants NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Defendant Ronald C. McGuire DATE OF NOTICE:. October 16, 2001 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} DAY5 FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717)249-3166 L NOTICIA IMPORTANTE A: Defendant Ronald C. McGuire (Demandado) FECHA DE NOTICIA: October 16, 2001 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TAMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGI5TRAD0 CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OTROS DERECHOS .IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA, SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE USTED PUEDE OBENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courtbouse Carlisle, PA 17013 (717) 249-3166 .~ ~-L~' Mel 'e L. rb, Esquire I.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717)540-9170 Attorneys for Plaintiff .. M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs v. COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 RONALD C. MCGUIRE :CIVIL ACTION -LAW VICKIE L. MCGUIRE, : IN MORTGAGE FORECLOSURE Defendants NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Defendant Vickie L. McGuire DATE OF NOTICE: October 16, 2001 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. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717)249-3166 NOTICIA IMPORTANTE A: Defendant Vickie L. McGuire (Demandado) FECHA DE NOTICIA: October 16, 2001 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN TAMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES PO5IBLE QUE UN FALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA, SI USTED NO TIENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARR AVERIGUAR A DONDE USTED PODRIA PERDER SU PROPIEDAD O OTROS PUEDE OBENER LA AYUDA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 (717)249-3166 of -..~=.~ Melanie L. Erb, Esquire I:D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff _ _. SHERIFF'S RETURN - REGULAR CASE NO: 2001-05448 P ®~^`" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGUIRE VICKIE L the DEFENDANT at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 by handing to VICKIE MCGUIRE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A.D. So Answers: ~'~^'"~,~" ~ ~~s~ . R. Thomas Kline 09/24/2001 SERRATELLI SCHIFFMAN BROWN & By: Deputy Sheriff Prothonotary SHERIFF'S RETURN - REGULAR i CASE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, Says, the within COMPLAINT - MORT FORE was served upon MCGUIRE RONALD C the DEFENDANT at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 VICKIE MCGUIRE, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 09f24/2001 SERRATELLI SCHI~jFFMAN BROWN & C By ° ~ G'~~ Deputy Sheriff Prothonotary PA ..u. ar._.w~. ` - ~...... , r.~~e_ .2,~_, n -: ~ y/~~,/t ~ 2 _~ 4 ,r 1 `, ~ r' - ~ U ~ ~. ~, ~:~=. ~, L. :~.. ~~ w) >I~~ y (~` -- ,`-~~~ ` n T ~S B~f M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants TO Ronald C. McGuire Defendant(s) COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION -LAW IN MORTGAGE FORECLOSURE You are hereby notified that on November ~, 2001, the following Judgment has been entered against you in the above captioned case. Judgment in the amount of $ 48,285.57 plus interest. Date: ,/t.~y ~ p „2b0I Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Ronald C. McGuire 1815 F. Willow Road Carlisle, PA 17013 A Ronald C. McGuire Defendido/a Defendidos/as Por ests medio se le esta notificando que el del November , 2001, eUla siguiente E9rdgr~EBesrgte) (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direction es la del defendido/a sgeun indicade en el certificado de residencia: c` Ronald C. McGuire 1815 F. Willow Road Carlisle, PA 17013 Abogado del Demandant M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, v. Plaintiffs RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants TO Vickie L. McGuire Defendant(s) COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION -LAW : IN MORTGAGE FORECLOSURE You are hereby notified that on November ~, 2001, the following Judgment has been entered against you in the above captioned case. Judgment in the amount of $ 48,285.57 /plus intAeres~t. Date: ~~~OGI SQL. Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Vickie L. McGuire 1815 F. Willow Road Carlisle, PA 17013 A Vickie L. McGuire Defendido/a Defendidos/as Por ests medio se le esta notificando que el del November , 2001, el/la siguiente ~9rd~r)(d~srgte) (Fallo) ha sido enotado en contra suya en el caso mencionado en al epigrafe. Fecha: Protonotario Certifico que la siguiente direction es la del defendido/a sgeun indicade en el certificado de residencia: -~ Vickie L. McGuire 1815 F. Willow Road Carlisle, PA 17013 Abogado del Demandant ~, ._ _ _,__:_ ._ W. ~._ SHERIFF'S RETURN - REGULAR ~ .'a " SASE N0: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland Count y,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RE RONALD C the DEFENDANT at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD SLE, PA 17013 VICKIE MCGUIRE, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this a78~ day of ~n/'.D nn ~/ A.D. Prothonotary ~ So Answers: ~~~ R. Thomas Kline 09/24/2001 SERRATELLI SCH7I//FFMAN BROWN & C By: ~'~~ Deputy Sheriff SHERIFF'S RETURN - REGULAR r ,., C€,SE NO: 2001-05448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND M&T BANK VS MCGUIRE RONALD C ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCGUIRE VICKIE L the DEFENDANT at 1524:00 HOURS, on the 21st day of September, 2001 at 1815 F WILLOW RD CARLISLE, PA 17013 VICKIE MCGUIRE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me (~this ~ Y~ day of ~_Q11A l.~Xat~ duy ~ A . D . ~ roth~onota~ry~' ~' So Answers: R. Thomas Kline 09/24/2001 SERRATELLI SCHIFFMAN BROWN & By: c Deputy Sheriff .~, M&T BANK, Successor by :COURT OF COMMON PLEAS Merger to KEYSTONE :CUMBERLAND CTY, PENNSYLVANIA FINANCIAL BANK, N.A. . Successor by merger to . FINANCIAL TRUST COMPANY, Plaintiffs ~, No.: cal - sSrYd~ ~~~~ l~t,,.t ~. RONALD C. MCGUIRE :CIVIL ACTION -LAW VYCKIE L. MCGUIRE, : IN MORTGAGE FORECLOSURE Defendants NOTICE You have been sued in court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 ifyou 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 petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cumberland County Courthouse Carlisle, PA 17013 NOTICIA USTED LE HAS SIDO DEMANDADO EN EL TRIBUNAL. Si desea alegar defenea alguna a las reclamaciones expuestas en las paginas siguientes, usted debe it a la audienca. Advertencia: de no comparecer ante dicho tribunal, su caso sera decidido en su ausencia y, sin ( ~ mas notification, el tribunal puede dictaminaz un Decreto contra usted por cualquiera reclamation o compensation alegada en lla Feticion. Usted puede perder dinero o propiedad u otros derechos importantes a usted. LLEVE ESTOS DOCUMENTOS A SU ABOGADO EN SEGUIDA. SI NO TIENE UN ABOGADO O NO TIENE CON QUE PAGAR TAL SERVICIO, VISTE O LLAME A LA SIGUEINTE DIRECCION. Cumberland County Baz Association 2 Liberty Avenue Cumberland County Courthouse Cazlisle, PA 17013 M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs ~. RONALD C. MCGUIRE VICKIE L, MCGUIRE, Defendants COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA No.. o t - S'yYP t_.Lu ~~ CIVIL ACTION -LAW : IN MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Plaintiff M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A., Successor by Merger to FINANCLAL TRUST COMPANY, by and through its attorney, Melanie L. Erb, Esquire, and the law firm of Serratelli, Schiffman, Brown & Calhoon, P.C., and in support of this Complaint in Mortgage Foreclosure, avers the following: 1. Plaintiff is M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A., Successor by Merger to FINANCIAL TRUST COMPANY, a corporation organized and doing business under the National Banking Act, with offices located at 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. 2. Defendant RONALD L. MCGUIRE is an adult individual with a last known address of 109 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013 3. Defendant VICKIE L. MCGUIRE is an adult individual with a last known address of 109 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. By a Promissory Note dated August 20, 1997, Defendants promised to pay Plaintiff the sum of $44,126.79 with interest thereon. A true and correct copy of the aforesaid Promissory Note is incorporated herein and is attached hereto as "Exhibit A." 5. The interest rate per annum in the Promissory Note was Nine percent (9%). 6. By indenture of Mortgage dated August 20, 1997, recorded in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on August 29, 1997, in Book 1402, Page 178, Defendants executed a Mortgage in favor of Plaintiff in the face amount of Forty-Four Thousand, One Hundred and Twenty Six Dollars and Seventy Eight cents ($44,126.79) on the Defendants' real property located at 109 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013. A true and correct copy of the aforesaid Mortgage is incorporated herein and attached hereto as "Exhibit B." 7. The Mortgage recited that it secured the Promissory Note attached as "Exhibit A." The Promissory Note and Mortgage recited that if there were any default in payments of either principal and interest, or taxes or other assessments, the principal amount due under the Promissory Note and Mortgage would become due and owing in full at the option of the Mortgagee, together with interest, reasonable attorney's fees, plus all other assessments and accrued costs, with costs of suit and collection. 8. A true and correct copy of the legal description of the tract secured by the Mortgage is contained in the Mortgage at "Exhibit B." 9. Defendants have failed to make payments pursuant to the provisions of the Note and Mortgage on a regular and timely basis, failing to make payments since 10. Plaintiff, on June 15, 2001, by certified mail, gave notice to Defendants of its intention to foreclose the Defendants' Mortgage in the event the note was not brought current thirty (30) days from the mailing date of the notice. The Defendants have failed to make the required payment and the Note remains in default. A true and correct copy of the form of notices mailed by the Plaintiff are attached hereto as Exhibit C." 11. Plaintiff, on June 15, 2001, by certified mail, provided Defendants Notice of Homeowners Emergency Mortgage Assistance Act of 1983. A true and correct copy of the form of notice mailed by Plaintiff is attached hereto as "Exhibit D." 12. The entire principal amount outstanding has been accelerated. The principal amount, accrued interest thereon and late charges are now due and payable by the Defendants. The same due are as follows: 2 Principal: Interest through 09/05/01 Late Charges Attorneys' Fees (10%) SUB-TOTAL Credit Life Insurance Rebate TOTAL $42,054.47 $ 5,134.59 $ 160.00 $ 4,734.90 $52,083.96 $ 2,223.75 $49,860.21 13. Interest continues to date of judgment in the amount of $10.51 per day and at the legal rate thereafter. 14. Paragraph entitled "Attorney's Fees; Expenses", page five (5) of the Mortgage, "Exhibit B", states that Lender shall be entitled to collect all expenses incurred including, but not limited to, reasonable attorneys' fees. Reasonable attorneys' fees are $4,734.90. WHEREFORE, Plaintiff respectfully requests judgment in the sum of $49,782.36 together with interest accruing at the rate under the Note of 9 (9%) percent per day, and costs on this action, and demand foreclosure and judicial sale of the interests of the Defendants in the mortgaged premises. Respectfully submitted, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. By: (s~-~ Melame L. Erb, quire ID No.: 84445 Suite 201, 2080 Linglestown Rd. Harrisburg, PA 17110-9670 (717) 540-9170 Attorneys for Plaintiff Dated: September 17, 2001 SEP. 11. 2001 3:16PM S, S B. & C, H b g, P a, 1711 G VERIkTCATION N0, 4461 P, 2/2 I, Peri Sazac-Flihan, hereby state that T am a Banking Officer for the Plaiatiffherein, and that I have reviewed the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief; aad, that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. M&T BANK Dated: ~- (7:01 _ (~~ ~`'~ ~iC.,~,'i .- .~_ Peri Sazac-Flihan Banking Officer PROMISSORY NOTE PT!R,^it+o! ~-LO$R L?StS~' lk!OfB,r'!L} L08tt: t+!O 3~1~. >O!~9.FeT ArGBHtit f~Ell4'ef tlfiti818- 544,126.79 Ei8-Z5-°2GA2 E'~~?t References in the shaded area are for Lender s use onto and do nM Ilmit tho e„ I h I w of :e~< n „me"r e,. e ^ .I". 1" ,.. ,,,. _ BOITOWCC Ronald C. McGuire Vudcte Lee McGWre 109 S. F391 SIIeM Cerhste, P0. 17013 Lender: Flnanclal Trust Company Maln DNI[e One West High Street Carasie, PA i70/3 Principal Amount: $44,126.79 Interest Rate: 9.000% Date of Mote: August 20, 7!'97 FRGASt'aE TO PAY. T pro.-dse TD pay \O FinanCtal Trust Company Q'LeOtler"), or Ortlet, In lawful money M Ihe Unlir!tl Slates at America, Ihe principal amount of Forty FWr Thopsentl One Hundred TWEnry Slx 3 79!100 Dollars (S4a,126.79), together wllh interest M the rate of 9.000% per annum on the urtpald principal balance vom August zs, t9e7, unto Patd in tau. PF,F'+.".ENT. I will pay ibis k)mt m ra0 payments or t:~47.66 each payment. My prsl payment is due September 26, 1997, and alt subsequent pryment5 are due on the Same day o1 each month aMN that. t6y ftnat payment wig be due on August 26, 2012, and will UC Wr ai) princlpal and all acrrued Interest not yet geld. Payments Include principal and Interest. I will pay Lender at Lender's address shown above or a: such other place as Lender may designate in wMing. Unless olherwlsa agreed a required by applicable law, payments wal be applied first to accrued unpai0 interest, then tD prncipal, end any remaining amount to any unpaid co11P_cfion costs end late charges. PREPAYMENT. i may pay wahoW penalty a0 ar a portion of the amount owed earlier than tl is due. Early payments will not, unless agreed fo by lender in writing, relieve.me of my abppafivn to wntinua !o make payments under me payment schetlula. Rather, they will reduce the principal Da13nrR due and may reSWt in me making TOwei pey~ls. LATE CHARGE. If a payment 15 16 days or more lase, I wi" :.e charged 5.000% of the regularly scheduled payment. DEFA0.T. I will be in default it any of Ihe following happens: (a) 1 fail to make arty payment when due. (b) I break any promise I have made to Lender, a i tail to comply wirh or to perform When due any other term, obligation, covenant, or condiflan contained in this Note Gr any flgceemenl related to this Nole, cr in any other agreement or loan 1 have with Lender (c) Any representaeon or statement made or furnished to Lender by me or on my behalf Is lobe or misleading In any matedal respect ellher now or at the time made or /urnishetl. (tl) I die or become insolvent, a receiver i5 appantetl tar any pad of my property, I make en assignment lvr Ihe beneNf of creditors, or any proceeding rs commenced either by me or against me under any bankruptcy or insolvency laws. However, my death will not bean event of defaud if as a result of Me death the Indebletlness is fully covered by credit Gle insurance. (e) Any creditor roes to take any of my property on or in which Lender has a lien or security interest. This includes a garnishment of dry of my aa0unts with Lender. (I] Any of the events described in this default section occurs with respell to any guarantor of Mis Note. (g) Lender in good felth deems itself insenura. LENDER'S RIGHTS. Upon delaull, Lender may, aher giving such notices es required by applicable law, tledare the entire unpaid princlpal balance on this Note and all accrued unpaid interest immediately tlua, and Then I will pay Ihet am0unl. Lender may hire or pay someone else to help collect Inis Noted 1 do not pay. I also will pay Lander Mat amount. This includes. SubJed to any limits antler applicable law, Lender's attorneys' lees and '.enders fagot expenses whether or not there i5 a lawsuit, including anomeys lees and legal expenses for bankruptcy proceedings (ncludin8 efforts to motliry or vacate any automatic stay or mjun[aon), appeals, and any enticipatatl post-judgment collection services. It not prohibited by applicable law, I also will pay any court costs, in atldifion to as other sums provided by few. if judgment is entered in connection wiM This Note, interest will continue to accrue on this Note attar judgment at the axisang interest rate prowtlad for in this Nole. TAI9 Note hA5 been delivered to Lender end accepted by Gentler in the ComllmnweMth of PennsylvaMa. tt there Is 6 tmNSUlI, t agree upon Caroler's request to wbm11 fo the !urisdrobon of the cm.^s of Cumbedand County, the Commonwealth of Pennsylvenla. Inis Nota shall 6e governed 61r end consfruetl In eceortlance wIM the loo- ~, of the CommwtwealU tlt PennsYlvanla. RIGHT OF StTOFF. I grant to Lender a contractual possessory security interest In, end hereby assign, wnvey, deliver, pledge, and Iransler to Lender a0 my ngM, tills and interest in end to, my accounts with Lander (wnether checking, savings, yr soma other account), mdudmg without hmilalion all accounts held ]oinay with someone else and all account; i r..ay open in Ihe future, excluding however all IRA and Keogh a- Donis, and all ;: usl accwnts for whim the grant M a SeCUrity interest would be proMbttad by taw. 1 authorize Lender, fo tna extent permitted by applicable iew, to charge or setoff all sums owing on This Nole against any end ell such accounts. COLLATERAL. This Nole is secured by a Mortgage dated August 20, 1997, to Lender on reel property located in Cumberland County, Cmnm[nweallh of Pennsylvania, ell the terms and cvntlifions of which ere hereby incorporeted end made a pad vl this Note. GENERAL PROVISIONS. Lender may delay or MrgO enlo¢ing any of Its nghls or remedies antler this Note w"h0ut losing Them. I and any Mher person who signs, guarantees yr endorses This Note, to-Ihe extent allowed by law, waive presentment, tlemen0 for payment, protest end notice of dishonor. Upon any Change in the terms of this N01e, end unless anerwisa expressly stated to writing, no pally who signs this Note, whether es maker, guarentor, accommodation maker or endorser, shall ba released from liebilit/. All such genies agree that lender may renew Dr extend (repeatedly and for any length of time) this loan, or release any party or guarentor or collateral; or impair, fail fo realize upon or perfect Lender's security interest in the collateral. All such padies also agree That Lender may modity this loan without the consent of yr nollCe to anyone other then the Oatly with whom the motlikcallpn s made. The obilgalions under This Nole are join) and several. This means Ihet Ihe words "I°, "me", and "my^ mean earn and eN GI the persons signing below. pR10R TO SIGNING THIS NOTE, !, AND EACH OF US, READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 1, AND EACH OF US, AGREE TO THE TERMS OF THc N07E AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE. TH75 NOTE HAS BEEN SIGNED ANO SEALED BY THE UNDERSIGNED. BORROWER: x / C. ~-~~~~.-+..:,- 15EAL) x ~r~l`:rr:.( I~fr.r,.;, cr ;r--.AL) Ronald C. aTCG@ra Vlckla Lee McGuire :aeo Rale. InzlallmenL LASEP PRO. Reg.LLS PaI. pT.M.Or1., Ver a.xaic)159]CFt PI~SprNESZ, Ire. ANrIpFi9resarved.)P0.-02p MCGWRH.In RTr.OVl1 .,,,,~ (RECORDATION REQUESTED Bl. FlneisctN TNSt Compnlry One West HigR Street Carlisle,PA 1Tatd WHEN RECORDED MAIL TO: FinanGel Trust Company One West Fagtr Street Cadlsie, PA STet3 SEND TAX NOTICES TO: RWNd G McGUlre and VIG[le Lea McGUlre toe 5. East SVeet CS9rJe:'CA STat3 .viz,-/~ti. ~'8~73/7~ ~ avdl .- SPACE ABOVE THIS'.INE IS FOR RECORDER'S U$E bN! Y MORTGAGE J THIS MORTGAGE IS DATED AUGUST 20, 1997, between Ronald C. McGuire antl Vickie Lee McGuire, owner(s) in fee simple, whose adtlress is 109 S. East Street, CaTliste, PA 17013 (referred to below as "Grantor'); antl Financial Trust Company, whose address is One West Hfgh Street, Carlisle, PA 17013 (reterretl to below as "Lender"). GRANT OF MORTGAGE For valuable oonsltlemllon, Grantor grants, bargains, aelb, conveys, assigns, Iran5lerR releases, confirms and morlpagea h finder all of Grantor's right, !tile, antl Inlerast In and b the following described retl property, fogvfher wdh alt exlsgng or sub5equanlly emcletl p. aimed buAdings, Improvements and fixtures: all sheets, lanes. atlays, passages, antl ways: all easements, dgRis of way. all ilberllas, pmnlagas, tenements, Meredltamenb, and appudermnces !hereunto belonging or anywise matle apPUdanani hereafter, antl the reversions and remainders wilM1 respect Ihemto; all wafer, avatar ripRts, watercourses and Gtch tlpms (Including stock in ufilAles witR WkR cr irtigalion rights): antl all other my15. rvYallias. and proms rela(in9 to Mb rear prapeM1y, IncWdin9 wiNOUt wnitaaan all minerals, oil, gas, 9avlRarmal antl 4milar rnaaers, (008ted in Cumberland County, Connnorwealth of Pennsylvania (the "Real Property"j: Deed Book: N-35 Page: 465 _. Tawas attL4 ikt[qugl~ The Real Pro ~~" ~~' ~ ~ ~ ' perry or its address is commonly known ate : SV ~Cel'tt_ a PAL #7 13;- - ,;q „axs.~~-r s- GrenlW presently assigns to Lender all cf Grentofs rlghL GVa, and Interest in and td all leases o' p" rapbrty and all Rents horn the Property. In addiaen, Gmnmr grants Ip Lentlar a Uniform Cammerelat Cqd¢ secvtlry interest in the Personal PropeM antl Rents. DEFINITIONS. The following wards snarl nail IRe lo4owlrig meanings when used In Ihk Mortgage. Terns nor omarwis@ defined in rots Mortgage shall Rave !M1e meanings atmbuled tP such terms m IRe Umtorm Commeraal Coda. AI mfarences Ip Opllar emPYMS shall mean amounts in lawful money of IM1¢ Urtltnd $Ial¢S 01 Wn@nW. - Granlar. ?he wertl'Grantvr means Donald C. McGUlre a.^.d Y!ckln Lee McGUIrc. Tho Grdnlor Is IRe mong¢gor':nder IRIS Modgaga. GUVCStbr. Th9 word "GUa<BMa' means and Includes Va(hpul IITRatIPrt each and alt pt Ih0 guarantors. saretM. antl apcpmmpdallbn parties m cpnneclion wllh Ina Intlebledness. Improvemenbs. The word lmprovemenis' means antl Includes wilhoul IlmilpUOn all exlsling end fulUre Improvements, blAldings, slluciures, mobile ^pmei aMxed en the R9a1 Property. fad Wes, adtlitivns, replecemenls and o1M1er cpnsimdlon on IRe Refll %operty. Indmllepnesa. The ward tndebledness' means all Principal and interest payable under the NGa and any amounts expended or atlvanced by Lender le dixharga abiigatlons of Grantor or expenses Incurre0 by Lender to enfaro obligations of Gmnmr antler IM1iS Mortgage, Ipgelher wlh ~"arest on sucR amounts as pravldad in this Mvlgaga L[ndC1. The wprtl l¢nbaf maar5 Financial T,USt Cpmpflny. a5 SUCCBS5pr5 antl aSaIgIK. Th8.0ndar IS 1Ra Tpdgag5e Untlar this MpliOflga. Mortgage. The wortl'MOrtgage' means this Mortgage between Gramor and Lender. and InGUdes wnhaul Ilmilalion all asslgnmanls antl secunly Inler¢sl pmunivnt relatirg to the Personal Properly antl Rents. Note. The word "Nola' means ma Promissory note or credit agreement dated August 20, t99>. In the OFlglnal priDCipal amount of $44,126.79 hbm Grantor Ip !antler, IogaNer with all renewals cl, ertensmns dq mgdlrRdUPna G. ralinanGllgS al, cpnsolidflbcns of, antl SpbSlilllhOnS Ipr Ina Fr0(NSSOry n08 pr dgra¢mariL " n ' Personal %operry. TRe wprtlz'Persdnal Property' meflP alt equlpmenq gzlures. and plRer artlCles df personal prapodY now or hareadar annetl by Gmntw. and now or Reraatier anacR:d m atlxetl 1p ifie Reat Property: logatbm with ag accasslons, parts, and eddiliom lo. aU replacements ct and all subzlitubpns !a. any pi such property; and logplner with all prCbeetls (Including wahcul Ilmilallan alt ineurenda proceeds antl refunds of uremiumsl Irvm any sale or diner tl¢pasrtipn pl iha Propedy. _ Property. TRa word Rrvperty'meins collectively the Reel Property end iha Parsorsi Property. Real Property, iM1e words'Aeal %oPerty' mean the property, inla'esls antl rlgR6 described above in Ne'Grant Pf Mortgage"secllon. Related DMpmenis. TR@ words 'Reisled Dopumenia" mean and mcNtlO wehout limaallpn all promis5cry notes, credit agreements. Ipen agreements. envlmnmenlal agmam¢nis, guaranties. security agreements. modgages, tleeds OI INSt. and all pmar instNmenls, agr9amanlS and documents. whmner now ar hereafter existing. executed m eonnadipn wilR IRO indebtedness. , _ Rents. TRe word'Aenfs means all presam and Nluee reey¢, revenues. mcvme, rssues, myaeles, profits, and v<gor benefits tlerived rtom the Prppe~N. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, 1$ GIVEN TD SECURE (t) PAYMENT OF THE IND®TEDNE$$ AND (2) PERFORMANCE OF ALL pBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN ANO ACCEPTED ON THE FOLLOWING TERMS: F' C) • ~~ MORTGAGE Page 2 (Continued) PAYMENT ANO PERFORfAAN.^.E. ExOept as atharwiso providBtl in rots Mortgage, Grenlar shell pay to Lantlar aN dmqun45 sxwsd by 1br„ Mnngage as IDey became due, and shall sMery pedwm all pl Grantor s obligations antler this Mgngaga. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees mat Grantors possession and use of the Property shell be gpvmnetl by IDe fdlgving provieons: PObSea$Idn antl ilea. Untll in deNUll, Grantor may remain in possession and control of and apemte and marwge In0 Property and coNOCt Ih0 Rants rrom the Property. Duhy td MNniMO. Grantor shall malnlai0 the Properly in tananlabla cantlikon and pmmpny pwfwm all repairs, replacements. and mdsntendnCe necessary to preserve its value. Neadrdau9 Subelanees. The terms Tlslard0us waste," "hazartlous substance,' "disposal." 1e!ease,' antl "ltuealermtl release," as used in this Mortgage, shall have the same meanings as set forth in the Compmhenslve Envirenmenfal Response, Compensation, and Liability Act w 1980, as amentled, 42 U.S.C. Section 9601, el seq. ('CERCLA'y, the Supertuntl Amentlments and ReaulDOrizallac Aet of 198fi. Pub. L. No. 99-499 ('SAAR'), the Mazartlpus Materials Trareporlagon Act. 49 U.S.C. Sed'ron tSOt, et seq., Me Rasourw Conwrvatlon antl Recovery Ad, 42 U.S.C. Section fi90t, et seq.. or what apPIiWON state ar Fetleral laws, rules, or regulaeons atloptatl pursuant to any at the foregoing. The terms Tetardou_ costa' and "haza,dous substance' Shall also include, wnaoW IimiWapn, petroleum antl pekwewn by-Imoduds m any fraction mweol end asbestos. Grantor represems antl wercams Ip Lentler that: (a) Ounng the peictl of Grantor's ownership of the Property, there hsa been r.0 use, generation, menulecNre, storage, treatment. disposal. mlea59 w Mre9laned release of enY hazardous waste w substance by any parson an. antler. about ar from the Property; (b) Granter has no knowletlge oU or reason to believe that there Des been. except as previously disdasetl to and acknawleCgetl 6y hentler In wnthg, (i) any use, genernNOn,menulBwure, storage. treatment, disposal, release, ar mre9tenetl release of any hazardous waste w wbS~Mre on, antler, about or hom pro Property by arty prior owners m occupams w the Property or (ii) any actual or IDreaNnatl aega8pn w Claims of any kind by any person rel8tlng to such ma8ers; end (e) Except as previously tlRR109etl 10 end acknowledged by Lender in wining, (i) neilDer Grantor tint any felmnl, conhadw. agent w Omer aulhoizetl user of IDe Propery shall use, generate, manutadura, store, Ireaq tlispOSe Dt, or release any hazard0us waste w substance M, under, about or hom the Properly antl Ili) any such ackblty sheN pe condUdatl In epmplianee wAh all dppihable federal, slate, 'and IOC" laws, raBUletiona antl w(Nnenees, induNng wilhoW IimilBDOn Ihpse laws, mgWaUw,s, antl wWrmntres tlescibed abwa Grenlw authoiz~ Lentler and its agwNS to solar upon the Property to make such inspaclions and cash, at Grantor's ezpense, as Lender may tlBem epproprinle to determine eomptienea w the Praple!y with this sedipn of IDe Mortgage. any in5pediora ar tests made by Lentler sDap be for Lenders purposes only end shall not tie cdnslruatl to waste any responsibility or liability pn iDe plot of Lender to Grantor or !d any other person. Tha represenWNons and wamenfi~ Contaipetl herein are based on Grantor's due Diligence in Inveslga8ng the Property for hezaMOUS waste antl Dezardous substances. Grenlw hereby (e) releases antl waives any allure claims against Lentler For indemnM w cbnbibuaan in the event Grantor becomes IleDle br waenup or other costs antler any such laws, and (b) agrees Ip indemnity and hold harrMess Lentler against arty antl all Calms, losses. liawlilles, damages, peneitles, and expenses which Lender maY directly w intlirec8y sUStain or suHe rlawlting hom a 6reaN Of this secfian W IDe Mangage w as a cpn5equ0nce ai any use, gerlerefion, manutaetwe, storage, disposal, 21e859 or thrNtenetl release OCCUrting odor to Grenlars Ownership or interasl In the Propety, whether or not the same was pr should Dave Caen known to Gntplpl. The Drovislons al Inrs section of Iha Mangaga, Inclutlln9 the obligation to indemrJly, shell survive the payment of Me lntlebletlness antl Me sa6slactlpn antl reeonvayanee w the lien of Ibis MOrtgaga antl spell not be a8acted by Lenders acquisition pf any intlm351 in IDe Properly, whether by /pretlpsure w wherwise. Nu15Mrz, Waste. Gmniw shall not cause, conduct or payroll arty nuisance nor commit, permit, or sutler any skipping of or waste on Or iv IDe PrppOrly w arty Porfion pt the Propedy. Without Ilmiting the generelily OI the lOregdng, Grenlar will hat remove, or grant Io any other parry IDe +igM b remove, any Umber, minerals tincludilp oN and gas), SFt. gravel w rock products without tna prior vnNten coraera w Lander. RempVN o/lmproYemenls. Grenlw sDaA opt tlamalhh or remove any Improvements (ram IhB Real Property without m0 prior written consonl oh LerMer. M a condaion to the ramwat w arty fmDrovemenls, Lentler may requke Grenlw to make arrangements satistaclory Ip Lentler to replace such Improvemm~l5 with Improvements of al least equal valu0. ' LlpCH'S RIgDt do EMer. Lander acct iM open's antl rapmsantativasmay i 'er upon the ReBI Properly at ar reasonable times to aBentl m LelWer's imaresis and to Inspect the Property for purposes of Grantor's complanca wilD the terms and cantligon~ :.. Ibis Mortgage. COmpNanCe with GOYerpmMiai Regehemebta, Grenlw shah promptly comply w9h all laws. wtlioanws. antl reguletlons, now or hereaHer m eflew, of aN governmental 8Whwities spplkaDlB to the use or xcupenCy of ma Property. Grantor may conlOSt in good Mith any s._n law, prtlmance, w regWakon and wnDhdd compliance tluinB any proceeding, including apPmpr9le eppealg, so long as Grentar has nolilied Lender In wnlirp plot to doing Sp antl s0 long as, in Lender's sole opinion, Lender's Interests in the Property ere not leoperdizetl. Lender may roquire Grantor to post adequate secuiry ar a surety bond. reasonably saUSlectory to Lender, to protect Lender's interest. Gary Iv Protect. Grantor agrees neifhw to abandon nor IBBVe unapended Iha PrOpaiy. Grantor shalt tlo aN other acts, In addllion to (hose acts sal Iorth above in Ihls sadion, which hom the charades and use of toe Property ere reasonably necessary to prole;! end Rr95erve the Property: DUE ON SALE - CONSENT BY LENDER. Lender may, al its opfion, tledare immedlalely Due antl payaole ell sums securetl by (his Morgage upon IDe sale or transfer, without IDe Lender's prbr wnHen consent, Of all w any pert of IhB Real Property, Or any interest In the Real Property. A'Sale or hander" means the conveyance of Real PrOp0rly or any right, title or Inlwest (herein; whether legal. benaliclai w equflable; whether voluntary ar InvoWnlary: whether by ouinght sale, deed. Installmem sale conlraw. lend conhacl, contract for deed, leasenob inlwesl with a term greeter than three 131 years, lease-ppLOn contract. pr by sale, assignmam. or transfer w arty benefiwal interest In or Ip any land trust hpld'mg Iflle to the Real Propedy, or by any other method of conveyance of gaol Properly interest. If any Grantor is a corpamti0n, parlnwship or Ilmllatl liability company, hander also Includes any change m Ownership of more IDfln twenty-five Dercenl (29%} of Ih0 voting stork, padnership InlBresis or Omimtl liabiityy tympany mlere5L5, as u,4 case may be, of Grantor. However, This notion shall not be exercised by Lender d such ezerclsa rs Prohlbilatl by fetleral law or by Pennsylvania law. TAXES AND LIENS. ThB bllowing pmVl5,pp5 raleting Io the taxes dad liens on ttre Propedy are a poi o! this MongaBe. Payment. Grenlw shall pay when due jand in aft evank poor to Oellrvquancy) elf 1ax05, payrwl taxes, special taxes, assessmpMS, water charges and sewer seimce charges lowed against or on account of the Property. and shall pay when duo all claims for work done on Or ipr sernces ientlere0 or malenal turm5hetl to me Properly. Grantor shall maintain IDe Pro0eiy h0a pl all (tens having plenty over ar equal to the interest 01 Lentler antler this Mortgage, except for Iha flan of fazes and assassrrrenis not due, and except es plherwise provide0 in Ina lollowing paragraph. Rlgnl TO Canlest. Grenlar may wiUhpld payment of enY tax, assessmonl, or claim bt eonnedinn with d gvatl bilh dispute over the obligation to Oay, so Ipng ds Lender's Inbred in the Property is n01 jeoperdizetl. II a Aen ari5B5 or is filed as a rasull of nonpaymanl, Granby shell within IiHae (IS) oat's aver the Ilan arises pq it a flan Is fileq wthin flacon (15) Odys ekdr Grenlpr has notice of the lung, secUra the tll5charge of Hie lien, or if requested Dy Lander. tleposil wIm Lender cash or a sulfident WrpOrata surely bond or other Sepunty sabstactory Ip LBndw in an amount 5uaiponl Ip tlischarge the Ilan plus any costs and anornays' lees or other charges Ihel c0ultl accrue es a rasull of a foreplo5we or sale under the Ilan. In enY contest, G•anlw sheN tlel8nd asell end LeiMer antl Shah Satlsly any aCVerse {utlgmenl Deigm enigrram&d dgdiasl the Property. Grantor spell name Lander as an addtlipnal obligee antler any surety bond tnrnishatl In IDe coolest pf0ce9dings. Evldmce o1 Payment. Granby sheN upon demand furnish to Lander saUSfactory evidence of payment U Itre lazes w assessmenl5 end Shah 0 MORTGAGE Page a (Continued) authorize the EpwpPna\e goVwnmental official to dBNVer to Lender at amy time a written statement W, fie {a:a5 and ass.smBMS agannl Me Properly. Notlbe W Conshucllon. Grantor Shan notify Tenter :1 Iaesl FiN,e¢n (15) tlsys bMvre any work is commenced any serWCes are hlMSned, ar any malenWS are supplietl Iq the Property, if any mechanic's Gen. mHtenelman's lien, or other Iles cpultl ba assanm on accawl of the work, servwres, w materials and the cwt exceetls 55.000.00. Grantor will upon request of lender furnish to Lender advance assurances seksfactory to Lender Nat Grantor ran and will pay the cast qt sucn improvements. PROPERTY DAM46E INSIWPNCE. The following provisions relefing to insuring the Pmpwry are a pert of thl5 Mongaga. MWdenance of Inwrantt. Groniw snaN procure arW maintain paficies of fire insuance with starWard eMendad coverage endorsamBnis on a repiazement beers for the fWl insurable value covering BY Improvemenb on Ina Real Properly in an amount sufaNeM to avoid epPlicafion of arrv eansuror¢a douse. antl wBh a shntlerd mortgagee clause in 1evOrrof Lentler. PWides shall be wdlWn by Such insurance eomganies antl in such Iwm as may be reasonably accephblB to Candor. GreMw slreN tlBavar b Lendaf camixafes M covw~e from each insurer coMaininq a stlpuffitlon that pgVBragB will riot ba rancetlatl w diminished without a minimum Of tan (10) tleys' prior wnNen noaca to Lander antl not cgnteining any tlis.aimer of the insurer's Ihbtlity Iw failure tp give such notice. Eeeh insurenoe pulley also shall Inwutla an entlorsement provitling Mal • - cOVerage `^ foot: of Lentler wa; nc: He impaired m any way by any ao1, a'nissibn or default o'r Grenlor or arty olhw person. Should Iha Real Propetlyat any time become leafed in an erva deslgnatetl by Me Director vl the Fedasel Emergency Menagenrent Agency as a speciar Aood h8zartl area, Greniw agrees to obtain arM maintain Federoi Flppd InSUrancB Iw Ma hdl unpaid principal balance W Me loan, up tp the mvtlmum pdiry limlls eel under Ina Natignel Flood Inswance Program, pr as otherwhe required by Lender, anti to maintain ouch insurance for the term o1 - Ihe loan. Appllrxtlon of Proceeds. GraMw shall pmmpily lmtay Lender M arty foss w damage 1o the Progeny N iha esamaletl cost M repair w r¢placemenl eueeds 5500.00. lender may make proof al lou it Grantor fails to do Sp within fiNeen (T5) days of Iha casualty. Wbelnar or not Lsntlefs sazpny is impaired, Lentler may, al ih elxdon, aoply Iha prxaeds to the retludlwr of Me Indebtednas5. paymem of any IIBn aftecfing the Moptmy, w Ne resloraaon and repair al Ina Properly. 11 Lander clads to egply Iha proceeds to restoroaon and repair, Grantor shall repair or replace IHB tlflmagetl w tlesllOyetl Improvemanh m a manner 58asrBdldry .a Lender. Lender shell, upon Saashelory proof qi such expen011Ure, pay w reimburse Grflnbr /rum the proceeds for Iha reasonable cast d repelr or restorailon it Gronlw a not In dehWt hereunder. Any proceeds whmh nave not been disbursed wdhin 100 Gays attar Iheir receipt and which Lender has riot wmmiHetl to the repair pr rasfpretion of Ma Property shall ba used fast to pay any amount coring to Lender undw tms MongeBe, Then Iq prepay azerued imeresl, antl the remain0er. if any, shall be applied Iv the pnnmpal balance of Iha IndB0letlne55. If Lantlw holds any prxaeds aNBr payment In Tull pi Iha Intlebledness, such proceeds snail be paid td Grantor. Unexpired 7nwfantt et Sole. Any unexpired insurance shell inure to the 6Bnefit ol, end pass lo, Ina purchaser pf the Propwty covered by Mis Mangage at any Imsiee's sale ar other sale hNtl under ine prpwsipn5 of this Mortgage, or at any bredosure sale of such Property. EXPENDITURES BY LENDER. 11 Grantor falls lp comply with any orovisipn of Nis Mongaga, or it any achon or proceeding is commentttl loaf wou!tl mafenalW aaect LenOefs iMBresis in lire Prcparty, LentlBr on 6renlw's behalf may, bW Shea rwt tt repuaed to, take any Acton trial Lentler deems apprgpnate. My amount that Lender expends in so doing will beer interest al the rate provided for in the Note from the tlate incurtetl or paid by Lender Iv the dale of repayment by Grantor. Ail such expenses. al Lender's option, wia (e) be payable on tlemand, (b) be added fo Ina balance pl ine Note and be apPOraoneb among and be payable with arty 1nslaamaM payments to become due during either (i) the term of any appacebie irrsuranca ,~ ~:r policy or (ii) Ins remaining term N the Note. or (C) be healetl as s balloon payment wnleh will he duo antl payable Ht the NpIB's maturity. This Mortgage also will secure payment of Ihese amounh. The rtBhis prnNde!i for in this pazegmph shell he in eddlNOn to Bny other rights or any remedies - tq whKh Lentler may ba entilted en azeounl of the tlafeWl. AnY sucn aeon by Lander Shea hat be cpnshuetl as curing the tlehun so az !o bar lender ' ham any rematly that it otherwlsa would hero had. Granior'S abligafion to Lender for all such expenses Shea survive me Bniry of any mortgage roredosura iuaemeM. - WARRANTY; DEFENSE OE tITLE. The following provisions rei911ng Ic ownership of the Property are a part b ihh Mortgag>. ilne. !xantpr warrants mat; (al Grenlor holds gootl and marketable Mlle of record Iv the Property in lee simple, M1 ~ : ,rid clear of all liens and encumbrances ether than (hose s91 forth in Ina Real Property deSpnplip0 ar in any Ii08 insurance p011cy, IIIIe rep W: or finAl title ppinlpn issuatl in tawr of anC acceptao oy. Lander in connecnun won this MgnBege. and (hr Grantor free Iha lull riBh6 power, antl authority to execute and Oelivw tnR Mpngege to lender. Defense of Title. SubiBCl to Ne exception rp the paragraph above, GIBptOr wanenh and will IOrever tlBIBn01hB Mlle t0 ine PmpBny agalnsl Iha lawful claims of all parsons. In the ov¢nl any edion w proceeding is commenced loaf questions Grantor's Mlle or the interest of lantlar UntlBr Ihis Mortgage. Grantor shall defen0 the action at Grenior's expense. Grantor may be Me nominal party in such prxaetling, but Lentler shall be coon:' b padinpeta in Ne proceeding and la be repre5onletl in the proceeding by counsel of Lentler's own choice, and Granlpr will deliver, w Cause to be tleavazed.ly Lend& sucn msHUmenlS a5 Lender may request from Ilme to time to permll sucn ppdicipalipn. E Cgmpllente Wlin Laws. Grantor wenants loaf the Property and Grantor, "Se of Ne Property complies with all existing applicable hors, i " prtlmancBS, and regulaapns of gOVernmantal aulhanlie5. CONDEMNATION. Tne following prpwsipn5 relaling Iq cOndemnati0n of the Property are a part 0(ihis MongaBe. pppllcnlbn of Net Proceeds. If all or any part of the Propely h contlemned by eminenl domeln procaetlings or by any proceeding or purchase a .~ in heu el mntlemnalmn, Lentler may at its alecbon require Ihel Ali w any pgrtion of the net proceeds df Iha award be applied Ip thB.lndebtetlness w !rte repair Or reslwangn pf Ina Property. ThB net proceeds of Iha awertl shell moan the awertl agar payment 81811 actual pp515. expanses, and __w.~eys' lees mcuned by lender in cp;~nedi0n with ihB corWenmBtivrv. ; PrOCeedings. Il any prOCeedmg m cOntlemnalion is Hled, Grenlor Snell promptly notlty Lentler in wriling, antl Grantor Shall promptly take such ~{ steps as may be necessary to defend the eCllen and abWtn Iha award. Grantor maY be Ina nominal pony in such proceeding, hul LBndar shall be ' ! entitled to participate m Ina proceedng and Iv be rapreSanlBd in the prpceBtling by counsel 01 its own choice, antl Grantor will tlBBVBr a Cause Ip be tleliverp0 Ip Lender sucn insaumenls az may be requested by rt from lime to lime ip permit such pedicipalion. IMPOSITION OF TAXES. FEES AND CHARGES 0Y GOYERNMEXTAL AUTHORITIES. Tne following provisions relalhig !p governmanlel lams, leas dntl cndlges are a Pan pl Ihrs MOdgage: Current Taxes, Fees antl Charges. Upon request by Lentler. Grantor shah execute such dxumanfs in addition Io Trite MpngegB and fake ~ whatever omer action is requeste0 by Lender 10 perfect and continue Lentler's lien pit the Reel Property. Grantor shell relmbur5a LBndar for ell r taxes. as described below, together with all expenses lncurretl in rBCOrtling, pededing or contlnulnq Ih15 MortgaBB, indutlinB without Ilmitatlpn all taxes, lees. tlecumamary stamps, and OMar charges br recording or ragislenng this Mortgage. ' Taxes. Thp !cllewmg shad consnWla taxes Ip which this sedicn applies: Ia) a SpBelOe tax upon Niz typo pl Mortgage ar upon all or any pad pl - Ihe Indebtetlness securetl by Inis Mongega; (b) a specific lax on Granlpr wroth GlBniw !s aBthwized a rBquaed Iq dotluel from pdymBnSa cn the - _ uretl 0 chi t I Mon a e' (c) a lax on Mis type of Mortge9a chargeable against Iha Lender or Ina hWOBr of the Note; and mtlebledness sec y s ype 0 9 g Y (d) a specific tax On all w any portion al the Intlaotetlnass Or on payments Ot principal antl In1er051 made by Granfoc II - - .. i .. ... t? MORTGAGE Gage a (CoaltlnueA) gubsegUOnt Taxes. II any t:x to which this secHOn applies is enaelBd subs0quenl to the date'ol this Mortgage, This event snail ndya In0 same effect as an EvBnl al PMaug (85 dBfirretl below), and Lendw mBY exercha arty or all M Its evagebte rcmetlles for an Evanl pf OefeW! as prmiN~tl behw unless Granlw eilRer (a) pays the tax before it becomes dearigttent, or (bl coMOSts Iha tax as provided above kl bg Texas and Lions cation antl tlaposgs wdh Lentler cash w 0 sufficient corporate surety bontl w other security salislactary to Lander. SECURITY AGREEMENT; FINANCING STA?EMENTS. The Idlowing provisiorrs releang b IRIS Mongage es a secudly agre0menl are a pan of This Mongage. Saan1Y Awe<menl. Tn~s inshumeM snail ctlnstitule a security agreement to Iha extent any OI Iha Property cOretllutes fixlurBS or other personal yropgrty, an6 LBrtder shah have aN of the rights of a securetl pant under Ih0 Uniform Commrdal Cptle as amended Irom atria to time. SaUriiy IrNereSt. Upon request by Lentlw. Greptpr shell exa:We finaneMg slatemaMS antl lake wRatever other argon M reque310tl Dy Lentler to penrxt and condnue Lender's security iMbesl in the Rants and Persarwl Prapedy, In addition SO recwtltng tNS Mortgage in the real propedY raords. Lentler may, at any lime antl wiihcut lurtnar euthanxation kOm Grenter, file azecutatl counterparts, tropics w reprotlucfiot¢ of Ihiz Mortgage as a Hnancing statement Grenor snail reimburse Lender for ell expenses ineurretl In Denoting Or confinuing this county inlwesl. Uoon d0ra ±.1. Genor slwg aa~smble tt~g Pfs5pnel Properly {n a manner and BI a place reasonably panvenienl to Ganlw and Lender a~ make it avaaable to Lentler vnlhin Three (3) tlays otter receipt of wntt0n dementl from Lentler. Addresses. The mailing adOresses d Grenlor (debiw) end Lentler (securetl panyl. hom whim inbrmafion cenneming the secun:y interest granted by rots Mongage may ba obtainetl (each a3 requiretl by Ina Unilorm Commercial Code), are as stared on the first papa of mis Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The lollowinq provisions relating to lusher assurances antl attarn0y_In_lact are a pad of bis Mongage. Further Aswmnces. At any lime. antl hom Nme to gme. upon request of Lander, Grenor will make. ¢xecute antl deliver, w will cause to ba made, executed w 6eNVered, to Lender w to Lender's desiglre0, arW when requested by lender, cause to ba filed, razwdaq cefiled, w remcprtled, as me case may be, at such Hmes and in sucPi otfica_ and plazas as Lentler may deem appropriala. any end ell such mortgages, deeds o/ Trust, security tleetls, security agreements. financing stalemeMS, rnnlinuagon stalencents. in5humeMS of huther assurarrca, CaNficares, antl Olhw tlocumeMS as may. In Ile sole opinion or Lender, be necessary pr desirable in artlw Ip ettapNate, Complete, penecl, continue, or preserve (a) the obagafions of Granlw untlw the Nate, tNS Mortgage, antl the Raleted Oocumenh, and (b) the (lens and security iniwasls created by Inis Mortgage as Hrsl and Dnw fiche on the Property, wnamer now owneC or hareafier uquiretl by GreMOr. Unless proMbiletl by law w agraetl to the contrary by Lontlw in writing, Granby shall reimburse Lander tw all cosh antl azpenses ineurretl in connation with the matters relerretl to in fhR PaagraPh. Atbmey-{n-Fut. 11 Grantw tails to do arW of lb0 things referr<tl tp.in Iha 9reP0ding Paragraph. Lander may dp so tw and in the name of Grantor and at Grantor's expense. Fw sun purposes, Grantor nweby irrevocably appoints Lentler as Grantor's attonley-in-tact br be purypse of making, execudng, delivering, filing, recortling, antl tlgng all other Things as may ba necessary or tlBSireble, in Lender's Sole Opinion, td accomplish the matters refwre6 to in MB preceding Daragmph. Ft ° I PERFORMANCE. 11 Granlw pays all the lntlebtedness when tlue. end olherw¢e partorms ell the o0ligatlons Imposetl upon Grantor untler this Mongage, lender shall execute olio deliv0r b Granlw a suitable saliSfacGOn of this Mortgage and sulaDle statements al terminatlon 01 any financing 51a10manl on fi10 ewdendng Candace security inlwest In the Rents antl aka Personal Properly. Granlw wig pay, it permitte0 by applicable law, arty reasone0le lermmafion lea as deiwminetl by Lender from lima td Nme. DEFAULT. Eaoh of Ina lollowmg, al be option of Lander, shall consglute an event pl tlafeuil ('Event of OBtaull') under Inis Modgage: Oefaulf On Ind<bledness Failure of Granby to make any payment wh0n tlUa on Iha lntlebtedness. D<laulf On OmrX Payments. Failure of Grflnior wi1Mn Ina Ilme regwrBd by lNS Mongage b make any Payment for taxes or insurance, or anV Olney payment necessary to preven! tiling cf or IO coact tlisCnergb of any lien. CpmpltMCe 6efaull. Fnilwe d+Grantw to Comply with anY omen Iwm, obilgabpn, Covenant of contlihOn conlainnp in this Mongage. the Nple or m anY of the Rele!Pd Dxumenls. FMU SlMemenU. Any womanly, repreSeKation w statement made w lumisnetl to LwldBr by a on behell of Grenlor m+tler Inis Mongage, IRe Note or the Reiamtl Documents 4 false Or misleading in any material respect, Either now Or at the time metle or turmshetl. Oeltttlv0 CollaterallTeggn. This Mortgage w any pt the Relalad Uwuments ceases to be in lull lone antl affect (inclutling lettuce of anY cOllsleral tlwumonis to create a vaNd end perfuteC security interest or lien) a' any Ilma end tar any reason. Dedlh or Insolvency. Tha death of Grepbr, Ina inselvenry pl Grenlor, the appomiment of 0 receiver for any pan nl Grantor's prppertY. a^Y assgnmenl for the benefit pl ae0itprs, any type of UeOilpr wokeut, or Iha commencement of any proceeding under any bankruptcy or insolvency laws by or against Grenor. However. the tlBab of any Grantor wul i~at Da an Event at Delault if as a recoil Ot the deem of Grantor the Intlehbdna55 5 fully ppV<letl by CIBGII ilia inSUlanCe. ForeClBarlrc, FofPolNre, <tt. Comm¢ncem0nl of lOredpsura Or lorleitura prac¢edings, whether by ju0icial proceeding, Self-halo, re0pssasAOn pr any other method, by any Uetlitpr pl Granlpr or by any governmental agency against any of the Property. HdweveL this subsection shell not apply in Ina event of a good faith tlispute by Grenlor as to Ina validity Or reesoneblaness of the claim which $ the basis Of Ih0 Ipraclosure w loreieilura praeetling, prOwtled ihdl Grenlor grvas Lentler written notice cl such claim and fUmlShes reserves or a surety bontl fw Ih0 claim sali5lactory to Lender. Bmuh oy Other Agreement. Any breach by Granlpr under the terms of any Other agreement between Grantw and Lentler (het is not remedietl wtlNn any grace penotl prowtled (herein, indutling wdhput limdation arcy agreement concerning any in0ebbdness or Olhar obligation of Grantor to Lender, whether existing now or later. EvantS Attecgng Guarantor. Any Pf the preceding events occurs with respect Ip any Guarantor of anY of Ina Intlebtetlne55 w any Guefenlor dies or Cecomes incompalenl. or revolves pr tlispulBS the valitlity ot, or gaDAiry untlw. 2ny Guaranty of the indgbletlnes5. InSeCprlry. Lentler in goOtl faith deems it5ell insecure. , RIGHTg AHD REMEDIES ON DEFAULT. UOOn the occurrence Or any Event pt Detaull and el any Ilme Ihareaner, Lendeq ai liz oPnpn, maY axarUSa any one or mcle pl IM1B following rights and remedies, m atltlili0n to any other rights or rameClea prpvitle0 by law: Accelemle lndebletln<ss. $UOlect l0 applicable law, Lender shell have the lghl of i15 option wahout notice to Grantor Ip declare trio 'ndra Indebtedness immetlialety nua and payable. UCL Aemetlfea. Wuh ;espad b ag w any pan pl the Pars-cnat PropaM, Lentler shell nave all Iha rights antl remedies O(a sxurBd parry under , Ina Unilorm Commercial Cotle. Cogect R<M3. Lender shall nave the agnl, wdhoul PbicO 10 Grantor, l0 taNa possession 01 the Properly and co110U the HBnL, inCbding amouPls MORTGAGE ~ Page 5 l (COniinuetl) past tlbe and unpaid, and apply the net proceeds, avBr and above Lenders costs, against the intlebfetlnass. In IlxtharanCe el Ihis right, Lender may requve any tareM w ether user:l the Prppany to make payments of rent w use foes EhecOy to Landon \f Ma Rents xmcpHeClCtl by lsndw, then Grantor irrevonbly dasgna(es Lentler as (H'enlois'atbnney-in-fact tp entlorse insirumanls received in payment Ihamof in the nam6 or Grantor an0 to negotiate the semeantl cWetl the proceeds. Peymen6 by tenants or oUer users M lrntler in response to Lentler'S demand shah satr{y 1M obli~trons tw wMCn the paynreMS era made, wheNer or not any proper grountls for the tlaman0 SIiSMtl. Lendet may a%ercise iN tlghts under this subparagraph eiNer in person, by agent. or thmu9h a recaiyw. alapplnt Receher. Lendw snaU have the rlgM l6 nave a receiver npp0intad to IB%e poss034lon at aN or arty pad of the Properly, with the power Ie protect and preserve the PrapeRy, to opwaln IM PropBRy Preceding RrBClasure Pr sale. antl 10 collect Iha Ranh hom Iha Property end apply the proceeds. over and above the east of the reblavership, against the Indebtedness. The rlk:elver may serve without bond if permlHetl by tau. Lentla's rIBM 10 Ma apppiMmeM M a receiver shall exist WheNer w not the appwent value of the Properly exceeds Ina Indebtedness by a substanval amount. Employment by Lentler sMN not dlsquafty a persrn kdm Serving az a receiver. Jutlidd Foreclowre. Lander may obtain a lutliu'lal decree IweClasing Gmplors inlemsl In all or any paR of the Progeny SPnjUDRiM Sale. ;; permifled b. aUaicable law. Lander may IorlaJOSe Grantors inlwesl in all or in any pad of Ina Parsnnel Property or Ina Real Pmperryby nonjutliIXal sale. t)egdepcy JutlgmeM. Lantlw may obtain a judgment 5m any deficiency remaining In 1hB lntlebl0tlne55 duo to Lentler aHer application of ell am9unN raCwvetl ham the exercise of tM tights provitletl in Ihis section. Tenenq M Sulterance. If Grantor remains kr possession W tfia PrvpeAy attar 1M Property is wltl as prpvitled above or Lander olharv/ise bBCOmas enhlled to possasslon of the Property upon tlelauN Df Gremor. Grantor atoll become a tenant at suHwanee of lantler or the purchaser of the Property antl shall. al Lentler i option. either (a) pay a reasonable rental for Ne use of the Property, pr (b) vewee Na Properly immediately upon Na dsmantl of Lentler. Other gemetllea Lentler shall nave all other rights and remetllas provldetl In Ihis Mongege or the NMa ar available at law or in equity. Sale of the Property, To Ina extent permlMd by applitabl8 law. Grantor hereby wolves any and all right to nova :ha prppery mesna!IeC. In e%emising i6 rights antl remedies. Lendw shall be hen to sell all w shy pan of Iha Property together pr saparalaly, in one sale cr by separate sales. Lander shell pe antiaetl to bitl al any public sale On all w any ponipn b Iha Property. Notice of Sale Lentlw shall give Grantor reBSanable notice of Ih@ time antl place Dt any public sale of the Personal PrppaM Dr of the time aper whkh any pnvale se16 or other intended tlispnsrtion Df tM Personal Propery IS to be matla. UMass ofhsnwisa required by appNCapfa few, reawnable notice snail mean rrolice given at least ten (10) mys belnre IM Hine of TAP Sale w diwOSipon. Wakvn; Eleeddn of Remetlbs. q wwvg by any pant Of a breach DI a Orovision of this Mongflge shell hat consHlule a waiver of ar pselutlice tna peltys rlgnh otherwlw to demand alrkl compliarrce wuh That p,oMSlon ar anY other provisbn. EIBCIIOn by Lander to purwa arty remedy snarl not exGUtle pursuit of any plow remetly, antl an eledian to make axperldllures w fake action to perform en DDIIBaHOn of Grantor under Ihis Mortgage after laaura of Granor to pemm~ shall rwI attec4lenders right tp declare a delauk alto exercba 8s reme0ias antler this Mortgage. Attorneys' Fins; expenses. If Lentlw Institutes any wit or acorn to enlarce am/ 01 the Terms of this Mongflge, Lender shall be entitled to recover soon sum as IM W W may adjudge reasonable as attorneys' fees at font and on arty appeal. WMlhw w rwt any coon action 5 rm'dv@d. aVl reascnabe expensBS incurred by Lentler trial in LaMer's opinion era necessary at arty time Ipr the protection al its interest ar 1M enforcement of rts Rents sneH become a pan of Me Intl@bletlnass payBDle on tlemand and sneH beer interest hom the date Df expenditure until repaid of the rate prowtlod for m the Note. Expenses CovBiatl by Ihis piragrapn incfutle, wilhpbt timttalion, however subjwl ip any limi6 under apptlcaple law, Lentleis attprncra fees and Lentlers legal a%penses wMlner Dr nal IMra is a lawsuit, indutling adorneys fees !or benkrupmy proceedings pnClutling ehorts to modiy or vacate any eulomatk slay Dr injUncfion). aPp0815 end any anlinpafetl pastyutlgmenl EollecilOn services, the rosl pf ' seamning xortls. obtsmmg title reports (in,^,luding twedosUre repels), suNeygra' repnne. antl appraisal lees, and Hllo +surarce, to Ina extent oermlHed by aDPHCapg law. Grantor also wNl pay any c0un costs, in etltlitlon to ell other sbms prowtled by law. NDTiCES TO GRANTOR AND OTHER PARTIES. Unless Dthervnsa promdetl by applkable law, any notice under Nis Mongege sneH ba In writing, may be sent by lalemcsrm~le. antl sMll be aflacllv9 when actually tlBlly&etl, ar when deposilBO with a nationally recognlxe6 Dv@rmghl courier, Dr, ,. malted. Shall bo peametl eHBCtrva when 0@^OAt@d In NB Unltatl $181@5 mall Orsl CI95a. Canifled dr regisleretl mall, postage prepaltl, tllrected Ip the addresses shown new Ina begmmng DI tins Mortgage. Any perry may thenge its etldress IDr nolkes antler Ihis Mongege py goring Iprmal wnHen nol¢o ID Ina Dinar panles, speclymg Inat lM purpose pf Iha notice Is to chengB Ih@ party's address. All copies of nptkes M fpreclDaura Irom the holder M any Igo wb¢n has Gnwly over InK Mortgage sneH ba sent tp Lantl@r's address, as shown near the begmmng M thrs MongaBe. Fw notice purposes. Granter egg" tD kaBD Lentler informed al all Hm05 pl Grantor`s CunBnl address. MISCt9 LANEOD9 PROVISIONS. The loAOwtrlg nusceaanepus 9rnmswns are a pan pl Ms Mortgage, _ Amendments. Th¢ Mortgage. together won any ReWled Documents, cpnslitutes IDs arlira vntlerslandmg antl agre@menl of Ina parties as ID Ina , metiers sal forth m INS Mortgage. ND allera110n of or amendment ID tMS Modgaga shall ba eeechva unless given in wnling antl slgna0 py Ne DanY w panles eoughl to be charged or bound by the allerelmn or ementlmenl. Applkablr! Law. This Mortgage ties Oven dellverPA tD Lentler and accepted by Lender In Ina CUmmonwealt0 of Pennsymenle. This Mongege shell be governetl by end cpnslruetl In ettortlance who tM Iews o/ tM CammonweelN of Pennaylvanla. ' ' Caption Reedlbgs. Cappon neatlmgs In tins MnRgage Bre IDr cpn40mBnce purposes only and are npl is be used In interpret w define Ina pleVlslnM Dl Ihla Mongege. Merger. there shall be nD merger DI the Iniwesl or aslBle created by IniS Mortgage with any other Interest or aslal0 in Ih0 Property al any Ilme halo by or 'or the benehl DI lender .n any capacH;, wlNOUI Ina wnttan consent of lender. Multiple Pmtles. %ul obugahons of Granor undw Inls fdprtgnge snail ba Ipml and sevwel, antl an references to Ganlw shah mean each and even Granor TNS mean; mat each of the Oersnns signing babes Is resppnslDle for ell obligehons m Ims Mongege. SevereDllly. II a coon of compelenl rynsNCtipn finds any promsmn e1 this Mortgage Ip be invalid ar unenforceable as to any parson or mrcvmstance, such hnOmg shah nor rantler That Omwamn mvakd or unaMDrca9bla as 10 any oNw persons Dr cncumstences. 1t feasible, any such ' ona+Oing prowslpn snail De peemad fo De mpdnietl ID be w11Nn Ina IimBS of enlorCOebilly or valitlity; however, it Na offending pmvisipn cannot be so motl~hed. It shall pe Smcken and all ONer pr0`nSpnS DI tMS Mndgega m all other respects shall remain valitl antl @nlDrCeeblB. Successors and Assigns. Sublecl to Na Ilmtlapons stalDtl m this Mongege pn hansfar of Grantors inlwesl, This Mongege shell be Nntling upon ~ and more ID the b@neM Pf Iha panles. IheH nmrs, parwnal repmsenteuuBS successors end esspns. II ownership m the Property becomes veslatl i In a person Dinar Inert Grantor, Lender, wilnnul notice to Granlw, may deal with G18n1D1 a apCCassar5 iNN ralerencs to this Mdngsge end Ih@ IntlePletlness by way Of lorbearanca or extenSlon wdhoul releasing Grenlor Imm Ina oblig@tlDns of this Mongege or liability antler the hWanteaness. CS MORTGAGE Page 6 Ttmnlsot lhn Eaxnee. TlmnK Mthe esserite in fire peammerxe Wth4a Mortgage. - We7vgs and Consnnla Lenox slag nm a deemed W have welved any ngtes under this Mortgage (x umix the AHated OocUmams) unless such waiver is in writing and Ngned by Lentlx. No deny w omhsion on the pea 0} Lendx in eaerching arty dgh! snap Operate >R a waiver of such right o! enY othx light. A weivx by erry party W a provision W 1Ms Mengage shell rrol ecnstgua a wawa W w prejutlke pre Pem/'s right aWewise ro mmentl sWd oomplmrwe wim iMt prorndon w enY Whx provision, fJO odor welvw by Lendx, nor em/ Course of tlaeglg between Lentler ant Gisraw. slap eansNNU s weivw x enY o' Lendets rights w arty M Gremars oW4JetlOM es to any tabus transactlons. Whenever consent OY Lender 8 rMquired to thls Mortgage, gre granting x such consent by Lentlw In enY Imtxxe shad mt ewaliWla congnumg cpna6M to subsequent instexes where such eonsem B requiretl. EACH GRANTOR ACKNDYAFOGES fUV1NG READ ALL THE PAOVIS}ONS OF THi$ MORTGAGE, AND EACi-v GR/WTOR AGREES TO RS TERMS, TNlS MORTGA(SE YpS BEEN SIONEG AND SEALEb RY THE UNDERSIGNED. GRANTOR: ~. X ~~faa _yy„~ ~'J;frs:"!a.-'--'~`k '"~.A.a+. iC~+:cr e:. 'C m 4 RorWa C. McGW2 ante LM MCGUUe! [ 3 SignOy aclebwlEagea area tle Bred m the preserrcn Or. ~/~ i x w ~ i ~.>,~ vntrrcu CERTIFICATE OF RESIDENCE V harebY exgH• that the precise edtlress of the mortgagee, Flnsm:W TNas Company, hxeln K as }dlows: One West Fggh Street,CMWe, PA 17oTd - ~.~~- apRney o-pgwl Itr MUtgagan tNDIVIDUAL ACKNOWLEDGMENT S STATE OF 1 I /38 COUNTY OF 1 f On this, the day of 19J before me ~ the undersignatl Notary Public, personally eppe9retl ROnaM C. MCGUIro aria Wtltle Lee Mc^uUlm, known to me (pr 5adsfectoOly proven) to be Ma parson whose names we suUSCnbed to the within inshumenl, arW dckngwletlged that lheY executed lha same ix the PuTases therein aonalnao. In wllnesa whermf, I hereUnlo sal my hand antl eMelel aex. Notary Pubic in entl Ior the SWIG of USER 1'RO, Ree, u5 Pal. f i M.OIL. Ver. ].iJlc),9%CFI NoServRe>, Ix. Pllnenl0rlnrveO.IPM00] MCapIRE1.LN g3f.OVL~ VIA CERTIFIED MAIL 41~< ~,a~~. r, ai ~c?tv< x#', ~.N:1Li; ~,. n A~Hllt%iJ NOTICE OF INTENT TO FORECLOSE MORTGAGE Vickie L. McGuire 109 East South St. Carlisle, PA 17013 Date: June 14, 2001 =~="1i%~~~'^~` . ~-' _~ ~'>'~`- ~ _ The MORTGAGE held b M&T Bank, y (hereinafter we, us or ours) on your property located at 109 East South Street, Carlisle, PA 17013, IS IN ``r~"~°~~' "' ~"'' """ SERIOUS DE>~AULT because you have not made the monthly payments of „.,,;~,,; ,~. ,,~;, $447.56. The total amount now required to cure this default,•or in other words, get caught up in your payments, as of the date of this letter, is v;:,,;.a t~. F~:~;;~rr, $44,155.04. ~'~~ `~~"' $~" ~"~ You may cure this default within THIRTY(30) DAYS of the date of iz~F~ ;~ ~-„~-ns,<.r this letter, by paying to us the above amount of $44,155.04 plus any ;,. ; ,,;,,,,, additional monthly payments and late charge which may fall due during this ,;;, , .: ;, period: Such payment must be made either by cash, cashier's check; certified check or moneyorder, and made at M & T Baiilc, 1100 Wehrle Drive, Seccnd -"~" "~__'li ~~'«'''' Floor, Williamsville, NY 14221. If you do not cure the default within THIRTY (30) DAYS, we intenr,' to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage u, monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they being legal proceedings against.you, you-will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00... .. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. Ifyou cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance, and ~.: w~t~E ~:. SExi37ro1, ~i'QP1AL3 t.. C;klt?e;C~ra all other sums due under' the mortgage. If you have not cured the default within the thirty (30) day period and foreclosure gmceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one (1) hour before the Sheriff s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff s sale could be held would be approximately August 14, 2001. A notice of the date of the Sheriff 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 anytime exactly what the required payment will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's check, certified check or money order made payable to us at the address stated above. t"5~~""~~~ ~ ' `~""~" You should realize that a Sheriff s sale will end your ownership ofthe ;_,~r,,,a,, a-~ ~~ ~;_,~ mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict yot:. You have additional rights to help protect your interest in the '~~ ''`"" ° ' ' '" property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO ," _,, OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORRO~'V MONEY FROM ANOTHER LENDING INSTITUTION TO ;.,,~ ,, PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL ORTRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE ?' _ TO A BUYER OR TRASFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAH) PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this. , right to cure your default more than three times in any calendar year. el ie L. Erb,~Esquire Attorney for M & T Bank ;ts; ~, . VIA CERTIFIED MAIL NOTICE OF INTENT TO FORECLOSE MORTGAGE Ronald C. McGuire 109 East South St. Carlisle, PA 17013 Date: June 14, 2001 i~rhi,:LC :., t:;r:~;atX:r. ~~<~r~sr~ra.l- ~:~~~z""u~== The MORTGAGE held by M&T Bank, (hereinafter we, us or ours) on your property located at 109 East South Street, Carlisle, PA 17013, IS IN ~:" "`""' ` '~'""`; ` SERIOUS DEFAULT because ou have not made the monthl y y palmenis of ~; ~< <,, far ~srr . $447.56. The total amount' now required to cure this de)'ault, or in other words, get caught up in your payments, as of the date of this letter, is ~.~~UK~, a. +,.,,M;.~,,, $44,155.04. You may cure this default within THIRTY (30) DA I'S of the date ~ f this letter, by paying to us the above amount of $44,155.04 plus am: additional monthly payments and late charge which may fall due, during this period: Such payment must be made either by cash, cashier's check, certified check or money order, and made at M & T Bank, 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount bon•owed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property wild be sold by the Jheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they being legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incutred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty (30) dny period; you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and i.uf i 'h'. ~ ~~2~;~.TEL~ ? ,,.: , .:.~ raw ; c,,;. +'t,._,~4 IYt~~.~EL. ~. i~na'lY~,=~: r'7.~id,.~L1~ g_. i:laEiirJGS; all other sums due under the mortgage. If you have not cured the default within the thirty (30) day period an'd foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time xxp to one (1) hour before the Sheriff s foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements. under the mortgage). It is estimated that the eazliest date that such a Sheriff s sale could be held would be approximately August 14, 2001. A notice ofthe date of the Sheriff 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 will be by calling us at the following number: (800) 895-9304. This payment must be in cash, cashier's check, certified check or money order made payable to us at the address stated above. 1?E~"~`'" ~" '~ ' "`` You should realize that a Sheriff s sale will end your ownership of the ;rg.,, ~~. , ; ~ ,~ mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. ~rr~~;~ tt. Cj+Si,tr , .You have additional rights to help protect your interest in the ''~' `""''" ` ^''° property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO __,,,;~, ~, ,~z,, a _,a„~,._ OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL ORTRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE '~~~~'~~~~'~~~"~~~`~~' TO A BUYER OR-TRASFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAH) PRIOR TO OR AT THE SALE, (AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST). YOU HAVE THE RIGHT TO HAVE THYS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. r , ,~''~ ~ _ t/O! a>~~-ca Melanie L. Erb, Esquire Attorney for M & T Bank Date: June 14, 2001 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 helps 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 servin our County are listed at the end of this Notice. If you have any questions, you m~_call the Pennsylvania Housing Fipance 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 NOTIFICATION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE. EL CO.NTENIDO DE E$TA NOTIFICACION .OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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): Property Address: Loan Acct No.: Original Lender: Current Lender/Servicer: Ronald C. & Vickie L. McGuire 109 East South St. Carlisle, PA 17013 204916-20009 Financial Trust Company M&TBank HOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE YOUR 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 OFFORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of the 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 CREDYT 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 datz of this meeting. The names, addresses and telephone numbers of desi ated consumer credit counseling agencies for the county in which the property is located are. set forth at the end of thisNotice. 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 YO1JR 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 the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANI{RUPTCY, 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 yon can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 109 East South St., Carlisle, PA 17013. IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months now past due: $44,155.04 Other charges: $42,054.47 principal balance; $4,261.96 interest due; $130.00 late charges; minus $2,291.39 insurance rebate TOTAL AMOUNT PAST DUE: $44,155.04 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS ofthe date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $44,155.04, 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• M& T Bank, 1100 Wehrle Drive, Second Floor, Williamsville, NY 14221. 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 aze 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 the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDERREMEDIES -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 THE SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still haue the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s sale. You may do so by paying 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 Sheriffls Sale of the mortgaged property could be held would be approximately 2 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 any any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: M & T Bank flddress: 1100 Wehrle Drive, Second Floor Williamsville, NY 14221 Phone Number: (716) 630-4924 Fax Number: (716) 630-4914 Contact Person: Alicia Oliver EFFECT OF THE SHERIFF'S SALE -You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF THE MORTGAGE -You ~ may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges 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 THIS MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PRbCEEDING 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. CONSUMER CREDIT COUNSELING AGENCIES TO SERVE YOUR COUNTY Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 CCCS of Western PA 2000 Linglestown Rd. Harrisburg, PA 17102 (717)541-1757 Community Action Commission of Capital Region 1514 Derry St. Harrisburg, PA 17104 (717)232-9757 Financial Counseling Services off Franklin 31 West 3'~ St. Waynesboro, PA 17268 (717)762-3285 Loveship, Inc. 2320 North 5`" St. Harrisburg, PA 17110 (717)232-2207 Urban League of Metropolitan Harrisburg 2107 N. 6'" St. Hamsburg, PA 17101 (717)234-5925 3~w~N'.u-:m.. .,,n , ....,e uv ~e ,. ,ti5zl ~i ti .. ,, r :.. .. 2 . ... ti_.n ~ . , ~..w r ~ c ~~ ~ , l r~~~ ~' ~ C7 '..,,~. .-~ ~~,_: -:, c ~ :} ~' c = ` '- ~.~ ~: ~: '~ µ.~ -L 1 ~~ U.S. POSTRGE HRRRISBURG,PR 17(06 VN/iEGSigTFS RPR 26,'02 rosrgi sFEmcE RMOUNT ~ 0000 M&T BANK, Successor by : IN THE CO Merger to KEYSTONE :CUMBERLAND FINANCIAL BANK, N.A, , Successor by merger to , FINANCIAL TRUST COMPANY, Pla®ntiffs NO.: 01-5448 v. PLEAS LVANIA RONALD C. MCCsUIRE :CIVIL ACTION -LAW VICKIE L. MCGUIRE, : IN MORTGAGE FORECLOSURE Det'enrlaffits U.S. POSTAL SERVICE CERTIFICATE OF MAILING (IN COMPLIANCE WITH POSTAL SERVICE FORM 3817) RECEIVED FROM: SERRATELLI, SCHIFFMAN, BROWN & CALHOON SUITE 201, 2080 LINGELSTOWN ROAD HARRISBURG, PA 17110 ONE PIECE OF ORDINARY MAIL ADDRESSED TO: POSTMARK: M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK, successor by Merger to FINANCIAL TRUST CO. ~~ 1100 WEHRLE DRIVE WILLIAMSVILLE, NY 14221 POSTAGE: ONE PIECE OF ORDINARY MAIL ADDRESSED TO: POSTMARK: DARLENE L. MOYER CUMBERLAND COUNTY TAX COLLECTOR ~ P.O. BOX 128 CARLISLE, PA 17013 POSTAGE: a, s~ ONE PIECE OF ORDINARY MAIL ADDRESSED TO: POSTMARK: CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTHOUSE POSTAGE; 1 COURTHOUSE SQUARE CARLISLE, PA 17013 5: L~ ~. ~ f n ~-, ~ ~ C fl~ti -e ~'' ~.,, `- m;- , r '..~'t ~' ~~ ~~ C :: - . ,~~ %- -' -- --~` ., ~~ t M&T BANK, Successor by : IN THE COURT OF COMMON PLEAS Merger 4o KEYSTONE :CUMBERLAND CTY, PENNSYLVANIA FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs NO.: 01-5448 v. , RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants CIVIL ACTION -LAW IN MORTGAGE FORECLOSURE PRAECIPE FOR WRIT OF EXECUTION - (Mortgage Foreclosure) TO THE PROTHONOTARY: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER. Amount Due $4885-'~7 NR ~ ps• S7 Interest from Nov. 26, 2001 $. 862.12 ~_.._--- TOTAL ~ 1l9t ~v7• `9 Respectfully Submitted, Dated: ~j ~`' SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC ` ' ,/ By '~ Ste en J. Schif an, Esquire I.D. No.: 25488 Melanie L. Erb, Esquire Y.D. No.: 84445 Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff i,x 4FdH3&S~~fS~+ SaYnk un-~ eas. .r :.Y ::-,I. rn. z. ..-_,. ,. v. zs. axa~maaa~'~eas~ ~ =-"~`'~ ~ _- _he6w ' - - dR V ~~ 1 ~_ r -~, ~ 's ~ ~ ~ ~ ~ ~ ~~' ~J h -, ~` i ~ , ..e = z M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: O1-5448 v. RONALD C. MCGUIRE VICKIE L. MCGUIRE,. Defendants CIVIL ACTION -LAW : IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MYLITARY SERVICE Before me, the undersigned personally appeared, Melanie L. Erb, Esquire, who, being duly sworn according to law, deposes and says that he is the attorney of record for the within Plaintiff; that as such he is duly authorized to make this affidavit on its behalf; and that to the best of his information, knowledge and belief, the within Defendants are not in the military service of the United States of America. ,¢ f ~~ _ ~ Melany L. Erb, Esquire Sworn and Subscribed Before Me this ~ Day Of F2 fUa! , 2002. Notarial Seal Lisa Conway, Notary Public SusquetuumaTwp., Qauptxn County My Commission Expires Mar. 24, 2003 Notary Public -; 4 C. t' -~ - . l 't'' _ •L7? f5if`.°. CJ ...: f4 j _ 4 .t _ G. - l_ .. _ " - ;`} _ ~-~ .r K M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA : NO.: 01-5448 v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants CIVIL ACTION -LAW IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO PA RULE CIV. P. 3129.1 Keystone Financial Bank, Successor by Merger to Northern Central 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 109 East South Street, Carlisle, Cumberland County, Pennsylvania: Name and address of owner(s) or reputed owner(s): Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Cazlisle, PA 17013 Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T Bank, successor by merger to Keystone Financial Bank, Successor by merger to Financial Trust Co. 1100 Wehrle Drive Williamsville, NY 14221 4. Name and address of the last recorded holder of every mortgage of record: Financial Trust Company 1100 Wehrle Drive Williamsville, NY 14221 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 maybe affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Darlene L. Moyer Tax Collector P.O. Box 128 Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. G' ` Date M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 CIVIL ACTION -LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff Sale of Real Property (Real Estate) Will Be Held: Date: June 5, 2002 Time: Location: Office of the Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 109 East South Street Carlisle Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No.: 01-5448 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is: Ronald C. McGuire Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitles or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Infonnation about the Schedule of Distribution maybe obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Cazlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: ON the North by land now or formerly of Edwazd Watkins; on the East by a ten foot alley; on the South by land now or formerly of John Griner; on the West by South East Street. CONTAINING 16 feet in front on South East Street and having a depth of 100 feet, more or less. HAVING erected thereon atwo-story brick and frame dwelling known and numbered as 109 South East Street. SEIZED, taken in execution and to be sold as the property of Ronald L. McGuire and Vickie L. McGuire, 1815 F Willow Road, Carlisle, PA 17013. c; ~-. c :.; -~, -', _i rig-r~ ':,a _ °;-' ;~> cr.- __ c-' ~~ ~ -~ 4=.~ _ v M&T BANK, Successor by IN THE COURT OF COMMON PLEAS Merger to KEYSTONE :CUMBERLAND CTY, PENNSYLVANIA FINANCIAL BANK, N.A. . Successor by merger to . FINANCIAL TRUST COMPANY, , Plalntlffs NO.: 01-5448 v. . RONALD C. MCGUIRE :CIVIL ACTION -LAW VICKIE L. MCGUIRE, e IN MORTGAGE FORECLOSURE Defendants RETURN OF SERVICE I HEREBY CERTIFY THAT I HAVE DEPOSITED IN THE U.S. MAIL AT HARRISBURG, PENNSYLVANIA, ON APRIL 26, 2002, A TRUE AND CORRECT COPY OF THE NOTICE OF SALE OF REAL ESTATE PURSUANT TO PA. R.C.P. 3129.1 AS FOLLOWS: TO ALL LIENHOLDERS OF RECORD AND PARTIES WITH ANY INTEREST BY REGULAR FIRST CLASS MAIL (CERTIFICATE OF MAILING FORM IN COMPLI4NCE WITH U.S. POSTAL FORM 3817 IS ATTACHED HERETO AS EVIDENCE). SERVICE ADDRESSES ARE AS FOLLOWS: M&T BANK, successor by merger to KEYSTONE FINANCIAL BANK, successor by Merger to FINANCIAL TRUST CO. 1100 WEHRLE DRIVE WILLIAMSVILLE, NY 14221 DARLENE L. MOYER CUMBERLAND COUNTY TAI{ COLLECTOR P.O. BOX 128 CARLISLE, PA 17013 b -. _ _ t5 i CUMBERLAND COUNTY TAX CLAIM BUREAU CUMBERLAND COUNTY COURTFIOUSE 1COURTHOUSESQUARE CARLISLE, PA 17013 ~C~ ~~ Date SERRAppT~EvLALIS^,I~SCHIFIFMANq BROWN OL CALM®®N, E C / / I By ~ o' ~~ M a e L. Erb, Esquire LD. No.: 84445 Suite 201, 2080 Linglestown Road Iiarrisburg, PA 17110 (717)540-9170 Attorneys for Plaintiff 2 ~. ~~ ~~-~ U =~ --~ ~;,~. ~: - _~ "_ hD ~~t `~ - ~~. ~~ :s7 =-, -, ll. =i %C r ;t';~ ~' 1~ -G FS , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which M & T Bank is the gantee the same having been sold to said gantee on the 5th day of June A.D., 2002, under and by virtue of a writ Execution issued on the 21st day of February, A.D., 2002, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5448, at the suit of M & T Bk, s/b/m Keystone Fin Bk against Ronald C McGuire & Vickie L is duly recorded in Sheriffls Deed Book No. 252, Page 3741 IN TESTIMONY WHEREOF,_I have helr~eunto set my hand and seal of said office this ~ day ~~~ A.D. 20a l Recorder of Deeds r~' m.ro'~oa M & T Bank, Successor by merger to In The Court of Common Pleas of Keystone Financial Bank, N.A., Cumberland County, Pennsylvania Successor by merger to Financial Trust Writ No. 2001-5448 Civil Term Company VS Ronald C. McGuire and Vickie L. McGuire David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 5:38 o'clock pm, EST, he 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: Ronald C. McGuire, by making known unto Vickie McGuire, adult in charge, at 1815 F Willow Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 12, 2002 at 5:38 o'clock pm, EST, he 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: Vickie L. McGuire, by making known unto Vickie McGuire, at 1815 F Willow Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Apri15, 2002 at 2:40 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald C. McGuire and Vickie L. McGuire located at 109 South East Street, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Ronald C. McGuire, by regular mail to his last known address of 1815 F Willow Road, Carlisle, PA 17013. This letter was mailed under the date of Apri104, 2002 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law says 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 one of the within named defendants to wit: Vickie L. McGuire, by regular mail to her last known address of 1815 F Willow Road, Carlisle, PA 17013. This letter was mailed under the date of April 04, 2002 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on June 5' 2002 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Melanie Erb for M & T Bannk. It being the highest bid and best price received for the same, M & T Bank of 1100 Wehrle Drive, 2"a Floor, Williamsville, NY 14221, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of $616.22, it being costs. ~r Sheriff s Costs Docketing $30.00 Poundage 12.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Service 6.90 Certified Mail .84 Levy 15.00 Surcharge 30.00 Law Journal 195.65 Patriot News 174.55 Share of Bills 25.20 Distribution of Proceeds 25.00 Sheriff's Deed 29.50 $616.22 paid by attorney 07/10/02 Sworn and subscribed to before me S~:=' ~~~~ ~~ This ,Zv ~ day of R. Thomas Kline, Sheriff 2002, A.D. ~ ~IIs ro onotary ~T' BYJa ~ ~~~- Real Estate Deputy 0•~ J ~°•~v ~.5 Clei ,3739 ~,,,,, r a F G P~ . WRIT OF EXECUTION and/or ATTACHMENT -_ ~.-r COMMONWEALTH OF PENNSYL~/ANIA) , COUNTY OF CUMBERLAND) NO O1-5448 Civil CNIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due M & T BANK, SUCCESSOR BY MERGER TO KEYSTONE FINANCIAL BANK, N.A. SUCCESSOR BY MERGER TO FINANCIAL TRUST COMPANY, Plaintiff (s) From RONALD C. MCGUIRE AND VICKIE L. MCGUH2E,1815 F WILLOW ROAD, CARLISLE, PA 17013 (1) You are duetted to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duetted 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 ox 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 duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $48,285.57 Interest FROM 11/26/01 $862.12 Atty's Comm Atty Paid $122.50 Plaintiff Paid Date: FEBRUARY 21, 2002 REQUESTING PARTY: L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary, Civil Division By_ rA i tLl~ Name MELANIE L. ERB, ESQUIRE Address: SUITE 201, 2080 LINGLESTOWN ROAD HARRISBURG, PA 17110 Attorney for: PLAINTIFF Telephone:717-540-9170 Supreme Court ID No. 25488 ..E,~.A ~-.ur. ..>.. ~, __.. _ "i .. --- - __ - _' .., ;a.~u~'.&..5~.his~RmZxRa~~~axi'~ti~~~sam~ar~~re~~s»v,a€~ e a ute~~e ~. SEAL ESTATE SA~.E °~~ ~~ On March 8, 2002 the sheriff levied upon. the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered as 109 East South Street, Carlisle and more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. v~ r ~ ~ °` ~ Date: March 8, 2002 By: ~'~OCC~c.~ ~vvu;~ rp+a Real Estate Deputy ~... i'i~ !',< :i ¢. r M&T BANK, Successor by IN THE COURT OF COMMON PLEAS Merger to KEYSTONE :CUMBERLAND CTY, PENNSYLVANIA FINANCIAL BANK, N.A. . Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs : NO.: 01-5448 v. RONALD C. MCGUIRE :CIVIL ACTION -LAW VICKIE L. MCGUIRE, IN MORTGAGE FORECLOSURE Defendants AFFIDAVIT PURSUANT TO PA RULE CIV. P. 3129.1 Keystone Financial Bank, Successor by Merger to Northern Central 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 109 East South Street, Carlisle, Cumberland County, Pennsylvania: 1. Name and address of owner(s) or reputed owner(s): Ronald C. McGuire and Vickie Ir. McGuire 1815 F Willow Road Carlisle, PA 17013 2. Name and address of defendant(s) in the judgment: Ronald C. McGuire and Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: M&T Bank, successor by merger to Keystone Financial Bank, Successor by merger to Financial Trust Co. 1100 Wehrle Drive Williamsville, NY 14221 4. Name and address of the last recorded holder of every mortgage of record: Financial Trust Company 1100 Wehrle Drive Williamsville, NI' 14221 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 maybe affected by the sale: Cumberland County Tax Claim Bureau Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Darlene L. Moyer Tax Collector P.O. Box 128 Carlisle, PA 17013 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 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. 1 % ,. 7. :y ~~ `' ,~` ,i Date M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA NO.: 01-5448 v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Defendauts : CIVIL ACTION -LAW : IN MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE Before me, the undersigned personally appeared, Melanie L. Erb, Esquire, who, being duly sworn according to law, deposes and says that he is the attorney of record for the within Plaintiff; that as such he is duly authorized to make this affidavit on its behalf; and that to the best of his information, knowledge and belief, the within Defendants are not in the military service of the United States of America. -~ ~l, - ~/~//r i~ it/'~ `- / ~~_ ~ Melanie L. Erb, Esquire Sworn and Subscribed Before Me this ~ Day Of (U4! , 2002. Notarial Seal Lisa Conwau Notary Public SusquehannaTwp., Qauphin County My Commission Expires Mar. 24, 2003 Notary Publac M&T BANK, Successor by Merger to KEYSTONE FINANCIAL BANK, N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND CTY, PENNSYLVANIA Successor by merger to FINANCIAL TRUST COMPANY, Plaintiffs NO.: 01-5448 v. RONALD C. MCGUIRE VICKIE L. MCGUIRE, Deffendants CIVIL ACTION -LAW IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff Sale of Real Property (Real Estate) Will Be Held: Date: June 5, 2002 Time: Location: Office of the Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the building and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 109 East South Street Carlisle Cumberland County Pennsylvania THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No.: 01-5448 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) of this property is: Ronald C. McGuire Vickie L. McGuire 1815 F Willow Road Carlisle, PA 17013 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entitles or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution maybe obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Court Administrator Courthouse Carlisle, PA (717) 240-6200 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff s Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office -Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. ALL THAT CERTAIN piece or parcel of land situate in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as follows, to wit: ON the North by land now or formerly of Edward Watkins; on the East by a ten foot alley; on the South by land now or formerly of John Griner; on the West by South East Street. or less. CON`T'AINING 16 feet in front on South East Street and having a depth of 100 feet, more HAVING erected thereon atwo-story brick and frame dwelling known and numbered as 109 South East Street. 5EIZED, taken in execution and to be sold as the property of Ronald L. McGuire and Vickie L. McGuire, 1815 F Willow Road, Carlisle, PA 17013. _ ; ~ -_ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAIX No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Frank J. Epler being duly sworn according to law, deposes and says: That he is the 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 23rd and 30th day(s) of April 2002 and the 7th day(s) of May 2002. 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 adapted 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. - r_. ~~ PUBLICATION ,~ ~.V~...~...f%~......~.~..'?.`'t- .............................................. COPY / t ' 17th day Ma 02 A. D. S -ALE #27 Notanal5eal Terry L. Russt:ll, Notary Pubac .R1QL ESTATE SALE No.27 Harrisburg, Dauphin County Commission Ex i M es J ne 6 20112 _ -Writ No.2001.5448 y p r u , N ARY PUBLIC - - - _ Clvll Term ~__ _ m M&T Bank, Successor - - Member PennsyNanla Association of Notari ~y commission expires June 6, 2002 - ~ . by merger to Keystone Fnanciel Bank, N.A. Successor by mergerto CUMBERLAND COUNTY SHERIFFS OFFICE _ FnanclelTrustCo. } CUMBERLAND COUNTY COURTHOUSE. .Ronald C.McGulreand CARLISLE, PA. 17013 _ ~ - - -Vickie L. tAcGulre ~ - DESCRIPITO~~MelanleL,Erb Statement of Advertising Costs YtI,L THAT CERTAIN piece or parcel of ]and "==siurate in Ifie Borough of Cazlisle„County of To THE PATRIOT-NEWS CO., Dr. Cumberland, and State-ofPennsylvania, bounded For publishing the notice or publication attached -evddescritiedasfouows,towir. ONthe North by land now or formerly of Edward hereto on the above stated dates $ 172.80 ~ - Watkins; pn Ibe East by a ten foot alley; on the Probating same Notary Fee(s) $ 1 .75 @~o6dtbyy~an~prnv orforme{Iy of Sohn Griner; on '16e~ y~SoutGEast Street TOtal $ 174.55 . ~ONTAA!-~~r 16 feet in front on South East Street and fiaving a depth of 1 W feet, mate of 1~ _ Publisher's Receipt for Advertising Cost --HAVLNG ete_cted thereon a two~story brick and frame dwelling known and numbered as 109 0•~ publisher of The Patriot-News and The Sundav Patriot-News, newspapers of general Snatfil3ast"Stteeti ~ = ge receipt of the aforesaid notice and publication costs and certifies that the same have r SEIZED, taken m executlon and to be sold as the pmpeny of Ronald C. McGuire and Yckie L. McGake, 1815 F Willow Road, Carlisle, PA 17013. -- - By .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Roger M. Morgenthal, 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 nofices, 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: APRIL 26, MAY 3, 10, 2002 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. Roger M. Morgenthal, Editor SWORN TO AND SUBSCRIBED before me this 10 day of MAY. 2002 L~15 E. R, NAY P~IIC Ga?~s6B ®oro, ?~y:,~r~lasB~ Mard-5, REAL ESTATE SALE NO. 2j. - " Writ No. 2001-5445 Civil M8t1' Bank, Successor by merger to Keystone Financial Bank, N.A.. Successor by merger to Financial Trust Company vs. Ronald C. McGuire and Vickie L. McGuire Atty.: Melanie L. Erb ALL THAT CERTAIN piece or par- cel of land situate in the Borough of Carlisle, County of Cumberland, and State of Pennsylvania, bounded and described as Follows, to wit: ON the North by land now or for- merly of Edwazd Watkins; on the East by a ten foot alley; on the South by land now or formerly of John Griner; on the West by South East Street. CONTAINING 16 feet in front on South East Street and having a depth of 100 feet, more or less. HAVING erected thereon atwo- story brick and frame dwelling known and numbered as 109 South East Street. SEIZED, taken in execution and to be sold as the property of Ronald L. McGuire and Vickie L. McGuire, 1515 F Willow Road, Cazlisle, PA 17013.